Title XXVI, TRADE AND COMMERCE

411.420. Lost receipts — procedure. — 1. Where a negotiable receipt has been lost or destroyed by the holder of the receipt, the director may order the delivery of the grain upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties…

411.451. Fraudulent receipts prohibited — division or consolidation of receipts — delivery of grain. — 1. No warehouse receipt shall be issued except upon actual delivery of grain into store in the warehouse from which it purports to be issued. Nor shall any receipt be issued for…

411.491. Warehouseman must deliver grain, when. — A warehouseman, in the absence of some lawful excuse provided by this chapter, is bound to deliver the grain upon demand made either by the holder of a receipt for the grain, or by the depositor, if the demand is accompanied with:…

411.511. Warehouseman should deliver grain, to whom. — A warehouseman is justified in delivering the grain, subject to the provisions of the three following sections, to one who is: (1) The person lawfully entitled to the possession of the grain, or his agent; (2) A person who is…

411.515. Inventory required to be maintained — documents required to establish inventory. — 1. Every warehouseman shall maintain stored grain inventories of sufficient quantities, qualities and grade to meet at all times his storage obligations. Failure to maintain required inven…

411.517. Records required to be kept. — 1. The warehouseman shall maintain in a place of safety at each licensed warehouse facility current and complete records with respect to all grain delivered to, withdrawn from and received, stored or processed at that warehouse. The directo…

411.518. Scale tickets — required, contents, constitute nonnegotiable receipts, evidence of holder's claim to grain — custom weighing defined. — 1. A scale ticket, or other document approved by the director, shall be made out and filed for each movement of grain in or out of any …

411.519. Insufficient inventory, procedure to correct — insolvency, director may modify, suspend or revoke license or request order to be named trustee, procedure, order — warehouseman may appeal, how. — 1. Whenever it appears to the satisfaction of the director that a warehousem…

411.520. Misfeasance or malfeasance — accepting money — improper influence — penalty. — Any duly authorized officer or employee appointed under the provisions of this chapter who shall be guilty of neglect of duty, or who shall knowingly or carelessly inspect, grade, test, or wei…

411.523. Warehouseman liable for conversion, when. — Where a warehouseman delivers the grain to one who is not in fact lawfully entitled to the possession of it, the warehouseman shall be liable as for conversion to all having a right of property or possession in the grain if he …

411.531. Failure to take up and cancel receipt — warehouseman liable — when. — Except as provided, where a warehouseman delivers grain for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the grain, and fails to take…

411.541. Failure to mark receipt upon delivery of part of grain — warehouseman liable — when. — Except as provided, when a warehouseman delivers in whole or in part the grain for which he had issued a negotiable receipt and fails either to take up and cancel the receipt, or to pl…

411.551. Alteration of receipt — effect of. — The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if the alteration was: (1) Immaterial; (2) Authorized; or (3) Made without fraudulent intent. ­­ ­ ­­-------- (L. 1965 p. 606) *Word "at" a…

411.561. Receipt marked "duplicate" — meaning of. — A receipt upon the face of which the word "duplicate" is plainly placed is a representation and warranty by the warehouseman that the receipt is an accurate copy of an original receipt properly issued and uncancelled at the date…

411.571. Transferor of receipt to endorse. — Where a negotiable receipt is transferred for value by delivery, and the endorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the receipt unless a c…

411.581. Warranties on negotiation or transfer of receipt. — A person who for value negotiates or transfers a receipt by endorsement or delivery, including one who assigns for value a claim secured by a receipt unless a contrary intention appears, warrants: (1) That the receipt i…

411.591. Endorser not a guarantor for other parties. — The endorsement of a receipt shall not make the endorser liable for any failure on the part of the warehouseman or previous endorsers of the receipt to fulfill their respective obligations. ­­-------- (L. 1965 p. 606) CROSS R…

411.601. Certain devices prohibited where official state weights are given. — It shall be unlawful for any person, company, or corporation to install or continue to maintain at any elevator, mill, or warehouse where official state weights are given, any blower, suction fan, clean…

411.611. Issuance of receipt without receiving grain — penalty. — A warehouseman who issues or aids in issuing a receipt knowing that the grain for which the receipt is issued has not been actually received by the warehouseman, or is not under his actual control at the time of is…

411.621. False statement — penalty. — A warehouseman who fraudulently issues or aids in fraudulently issuing a receipt for grain, knowing that it contains any false statement, is guilty of a felony, and upon conviction shall be punished for each offense by imprisonment by the dep…

411.631. Issuance of receipt without indicating warehouseman's ownership — penalty. — Where there is deposited with or held by a warehouseman grain of which he is the owner, either solely or jointly, or in common with others, the warehouseman who knowing this ownership issues or …

411.641. Improper delivery — penalty. — A warehouseman who delivers grain out of his possession, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of that grain, is outstanding and uncancelled, without obtaining possession of t…

411.651. Fraudulent deposit of grain and negotiation of receipt — penalty. — Any person who deposits grain to which he has not title, or upon which there is a lien or mortgage, and who takes for the grain a negotiable receipt which he afterward negotiated for value with intent to…

411.661. Penalty for violation of law — operating without a license, effect of payment of penalty fee. — Unless otherwise provided in this chapter, any person, firm or corporation, or any officer or agent of any person, firm or corporation, who violates any of the provisions of t…

411.671. Discontinuing business as public warehouse — procedure — license invalid on cessation or on change in ownership — notice — audit and examination. — 1. Any person operating a public warehouse in Missouri under this chapter, who desires to discontinue the operation of a pu…

411.681. Law not applicable to weighing or weighing supervision, in federally licensed warehouse, by exchange or board of trade. — This chapter shall not prohibit, infringe, or apply to any weighing or weighing supervision in or in connection with a federally licensed warehouse p…

411.691. Fee for public warehouse license, how computed. — The maximum fee for a public warehouse license shall be computed as follows, based upon the capacity of the warehouse: ­ ­ ­­-------- (L. 1965 p. 606, A.L. 1977 S.B. 75)

411.701. Director may contract with federal agencies. — 1. The director of the Missouri department of agriculture is authorized and empowered to enter into contracts and agreements necessary to cooperate with the Commodity Credit Corporation, a public corporation organized under …

411.750. Safe working conditions to be maintained. — It is the responsibility of any person licensed under this chapter, and any person requesting services of any employee of the department, to provide at all times safe working conditions while the employee is performing requeste…

411.755. Failure to pay fees, effect of. — Failure to pay any fees authorized by this chapter within forty-five days of assessment shall be grounds for the suspension, revocation or refusal to renew any license issued under this chapter. ­­-------- (L. 1977 S.B. 75 § 15, A.L. 198…

411.760. Remedies provided are in addition to and not exclusive. — 1. Any remedy provided by this chapter shall not be deemed to preclude any other remedy provided for by common law or under any other statutes. Recovery by a depositor on the warehouseman's bond shall not be his s…

411.770. Stealing grain, penalty. — A warehouseman commits the offense of stealing grain if he or she sells grain owned by another person which has been delivered to him or her for the purpose of storage without the owner's consent, or by means of deceit or coercion, with the int…

411.775. Attorney general and prosecutors may prosecute upon complaint. — It shall be the duty of the attorney general or each prosecuting attorney to whom any violation of chapter 411 is reported to cause appropriate proceedings to be instituted and prosecuted in a court of comp…

411.778. Sign to be posted on warehouse or scale designating licensed or not licensed as warehouse — requirements — violation, penalties. — 1. Each licensed warehouse, as defined in section 411.026, shall prominently display, at the main entrance to the building of the warehouse …

411.800. Definitions — statutory lien on grain and grain-related assets for benefit of depositors. — 1. As used in this section, "failure" means any of the following involving a licensed or unlicensed grain warehouseman: (1) An inability to financially satisfy claimants; (2) A pu…

413.005. Definitions. — As used in sections 413.005 to 413.229, unless the context clearly indicates otherwise, the following words and terms mean: (1) "Accurate", any piece of equipment that conforms to the standard within applicable tolerance and other performance requirements;…

413.015. Division of weights and measures — established — director and staff, expenses, compensation — powers and duties of division. — 1. There is established a "Division of Weights and Measures" within the department of agriculture. There shall be a director of weights and meas…

413.035. Standards and systems of weights and measures authorized for use. — The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized. ­­-------- (L. 1983 H.B. 729, A.L. 1994 S.B. 729)

413.045. Calibration of weights and measures as prescribed by the National Institute of Standards and Technology. — Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the Nation…

413.055. Specifications, tolerance and other technical requirements adopted by division. — The specification, tolerances, and other technical requirements for commercial weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in …

413.065. Director, duties — rules, procedure. — The director shall: (1) Maintain the traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology; (2) Enforce the provisions of sections 413.005 to 413.229; (…

413.075. Powers of director. — When necessary for the enforcement of sections 413.005 to 413.229 or regulations promulgated under sections 413.005 to 413.229, the director may: (1) Enter any commercial premises during normal business hours; except that, in the event such premises…

413.085. City- and county-appointed weights and measures officials, powers and duties, exception — current power of director. — Weights and measures officials of any county or city shall perform the same duties as are imposed on the director by subdivisions (7) to (11) of section…

413.095. Liquid form commodities, how sold — if not in liquid form, how sold — sale of commodity, duty of seller as to quantity. — 1. Except as otherwise provided by the director, or by firmly established trade custom and practice: (1) Commodities in liquid form shall be sold by …

413.105. Misrepresentation of quantity or price prohibited. — A person commits the crime of false or misleading advertising if, in connection with the promotion of the sale of, or to increase the consumption of any commodity or service, sold, offered, exposed or advertised for sa…

413.115. Deceptive business practices, prohibited. — A person commits the crime of deceptive business practice if in the course of engaging in a business, occupation or profession, he or she recklessly: (1) Uses commercially an incorrect, rejected or condemned weight or measure, …