Title XXVI — TRADE AND COMMERCE

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, …

413.125. Bulk sales, delivery ticket required, when, content. — All bulk sales in which the buyer and seller are not both present to witness the measurement shall be accompanied by a delivery ticket containing the following information: (1) The name and address of the buyer and t…

413.130. Investigations by director. — The director is authorized to conduct such investigations as deemed appropriate to resolve complaints, develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of sections…

413.135. Prohibited actions. — No person shall: (1) Sell, offer for sale or install for use as a commercial device any incorrect weight or measure; (2) Remove from any weight or measure any tag, seal or mark placed thereon by the director, without written authorization from the d…

413.139. Taximeter increments. — The display of a taximeter shall be programmed to increment in uniform whole cent money values, at one-tenth of a mile intervals for distance, and at uniform time intervals. The uniform intervals for distance and time apply to both the initial and…

413.145. Packages for sale, certain information on package required. — Except as otherwise provided in sections 413.005 to 413.229 or by regulations promulgated thereunder, any package whether a random or a standard package, kept for the purpose of sale, or offer or exposure for …

413.155. Packages containing random weights to state price per single unit of weight. — In addition to the declarations required by section 413.145, any package being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at re…

413.165. Advertising packaged commodity stating retail price, quantity also required on package — dual declaration, requirement. — A representation or an advertisement for the sale of a commodity by weight, measure or count, whether packaged or unpackaged, which states the retail…

413.175. Scales for commercial use to comply with standards — scale sales, sellers, manufacturers to furnish certain labeling information that device is not legal for commercial use. — No person shall sell or install for commercial use within the state of Missouri any weighing or…

413.195. Impersonation of director or inspectors, prohibited. — No person shall impersonate the director or any of his or her inspectors, by the use of his seal or a counterfeit of his seal, or in any other manner whatsoever. ­­-------- (L. 1983 H.B. 729, A.L. 1994 S.B. 729)

413.205. Injunctions, temporary or permanent, when. — The prosecuting attorney of any county in which a violation of any provision of this chapter occurs or the attorney general of the state is hereby authorized to apply to any court of competent jurisdiction for, and such court …

413.215. Weighing or measuring device in business place rebuttable, presumption of use for business. — Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall…

413.225. Fees — amount — due when, inspection or calibration, failure to pay fee, effect, penalty. — 1. There is established a fee for registration, inspection and calibration services performed by the division of weights and measures. The fees are due at the time the service is …

413.226. Weight and measure devices law not applicable to certain devices — applicability to certain devices. — 1. The provisions of sections 413.005 to 413.229 shall not apply to: (1) Any gas, water or electric meter used or intended to be used for measuring or ascertaining the …

413.227. Violations, procedure, notices, contents — hearing, rights of violator — penalty — appeal — deposit of penalty. — 1. Any person found to be in violation of any provision of this chapter shall be issued a notice of violation. The notice shall state the date issued, the na…

413.229. Criminal penalties for violations. — 1. Any person found in violation of any provisions of this chapter shall be guilty of a class A misdemeanor. 2. Any person found to have purposely violated any provisions of this chapter, has been previously convicted twice for the sa…

414.012. Definitions. — As used in this chapter, the following words mean: (1) "American Society for Testing and Materials (ASTM)", a scientific and technical organization formed for the development of standards on characteristics and performance of materials, products, systems, …

414.022. Preemption by the state, political subdivisions may not regulate. — The state of Missouri hereby preempts the field of regulating the inspection of and providing specifications for any substance regulated by sections 414.012 to 414.152 and it shall be unlawful for any po…

414.032. Requirements, standards, certain fuels — director may inspect fuels, purpose — waiver, when. — 1. All kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends and other motor fuels shall meet the requirements in the annual book of ASTM…

414.035. Financial responsibility for fuel tank storage and piping — exceptions — rulemaking authority. — 1. Any person who manufacturers an aboveground or underground fuel storage tank for use in this state, or piping for such tank, or who installs or repairs such tanks or pipin…

414.036. Financial responsibility to be maintained, when — aboveground storage tank defined — rules. — 1. After December 31, 2010, the owner or operator of an aboveground storage tank defined in subsection 2 of this section shall maintain evidence of financial responsibility in a…

414.042. Fuels, offered for sale, testing required upon request of director — requested samples, director to inspect and test. — 1. When offered for sale or when used in this state, kerosene, diesel fuel, heating oil, aviation turbine fuel, gasoline, gasoline-alcohol blends, and …

414.043. MTBE content limit for gasoline, when. — After July 1*, 2005, no gasoline sold, offered for sale, or stored within this state shall contain more than one-half of one percent by volume of methyl tertiary butyl ether (MTBE). ­­-------- (L. 2002 H.B. 1348 merged with S.B. 9…

414.052. Premises utilized for sale of fuels to be safe from fire and explosion — access for inspection, search warrant — stop use order may issue, inspection — appeal of stop use order, hearing. — 1. All premises including bulk storage installations, terminals, dispensing or dis…

414.062. Flammable liquids, containers, colors and markings. — 1. Sales or purchases of gasoline or any other class I flammable liquids shall be made only in closed containers, red in color, clearly marked with the name of the product contained therein and constructed of metal or…

414.072. Measuring devices, certain fuels, inspection, when — expiration date, effect of — correction or removal, when — public policy regarding devices. — 1. At least every six months, the director shall test and inspect the measuring devices used by any person selling an averag…