AgriMissouri fund, created, purposes, lapse of fund into generalrevenue prohibited--advisory commission, created, purposes,duties, membership--trademark fees.
261.235. 1. There is hereby created in the state treasury for theuse of the agriculture business development division of the statedepartment of agriculture a fund to be known as "The AgriMissouri Fund".All moneys received by the state department of agriculture for Missouriagricultural products marketing development from any source, includingtrademark fees, shall be deposited in the fund. Moneys deposited in thefund shall, upon appropriation by the general assembly to the statedepartment of agriculture, be expended by the agriculture businessdevelopment division of the state department of agriculture for promotionof Missouri agricultural products under the AgriMissouri program. Theunexpended balance in the AgriMissouri fund at the end of the bienniumshall not be transferred to the general revenue fund of the state treasuryand accordingly shall be exempt from the provisions of section 33.080,RSMo, relating to transfer of funds to the ordinary revenue funds of thestate by the state treasurer.
2. There is hereby created within the department of agriculture the"AgriMissouri Advisory Commission for Marketing Missouri AgriculturalProducts". The commission shall establish guidelines, and makerecommendations to the director of agriculture, for the use of fundsappropriated by the general assembly for the agriculture businessdevelopment division of the department of agriculture, and for all fundscollected or appropriated to the AgriMissouri fund created pursuant tosubsection 1 of this section. The guidelines shall focus on the promotionof the AgriMissouri trademark associated with Missouri agriculturalproducts that have been approved by the general assembly, and shall advancethe following objectives:
(1) Increasing the impact and fostering the effectiveness of localefforts to promote Missouri agricultural products;
(2) Enabling and encouraging expanded advertising efforts forMissouri agricultural products;
(3) Encouraging effective, high-quality advertising projects,innovative marketing strategies, and the coordination of local, regionaland statewide marketing efforts;
(4) Providing training and technical assistance tocooperative-marketing partners of Missouri agricultural products.
3. The commission may establish a fee structure for sellers electingto use the AgriMissouri trademark associated with Missouri agriculturalproducts. Under the fee structure:
(1) A seller having gross annual sales greater than two milliondollars per fiscal year of Missouri agricultural products which constitutethe final product of a series of processes or activities shall remit to theagriculture business development division of the department of agriculture,at such times and in such manner as may be prescribed, a trademark fee ofone-half of one percent of the aggregate amount of all of such seller'swholesale sales of products carrying the AgriMissouri trademark; and
(2) All sellers having gross annual sales less than or equal to twomillion dollars per fiscal year of Missouri agricultural products whichconstitute the final product of a series of processes or activities shall,after three years of selling Missouri agricultural products carrying theAgriMissouri trademark, remit to the agriculture business developmentdivision of the department of agriculture, at such times and in such manneras may be prescribed, a trademark fee of one-half of one percent of theaggregate amount of all of such seller's wholesale sales of productscarrying the AgriMissouri trademark.
All trademark fees shall be deposited to the credit of the AgriMissourifund, created pursuant to this section.
4. The agriculture business development division of the department ofagriculture is authorized to promulgate rules consistent with theguidelines and fee structure established by the commission. No rule orportion of a rule shall become effective unless it has been promulgatedpursuant to the provisions of chapter 536, RSMo.
5. The commission shall consist of nine members appointed by thegovernor with the advice and consent of the senate. One member shall bethe director of the agriculture business development division of thedepartment of agriculture, or his or her representative. At least onemember shall be a specialist in advertising; at least one member shall be aspecialist in agribusiness; at least one member shall be a specialist inthe retail grocery business; at least one member shall be a specialist incommunications; at least one member shall be a specialist in productdistribution; at least one member shall be a family farmer with expertisein livestock farming; at least one member shall be a family farmer withexpertise in grain farming and at least one member shall be a family farmerwith expertise in organic farming. Members shall serve for four-yearterms, except in the first appointments three members shall be appointedfor terms of four years, three members shall be appointed for terms ofthree years and three members shall be appointed for terms of two yearseach. Any member appointed to fill a vacancy of an unexpired term shall beappointed for the remainder of the term of the member causing the vacancy.The governor shall appoint a chairperson of the commission, subject toratification by the commission.
6. Commission members shall receive no compensation but shall bereimbursed for actual and necessary expenses incurred in the performance oftheir official duties on the commission. The division of agriculturebusiness development of the department of agriculture shall provide allnecessary staff and support services as required by the commission to holdcommission meetings, to maintain records of official acts and to conductall other business of the commission. The commission shall meet quarterlyand at any such time that it deems necessary. Meetings may be called bythe chairperson or by a petition signed by a majority of the members of thecommission. Ten days' notice shall be given in writing to such membersprior to the meeting date. A simple majority of the members of thecommission shall be present to constitute a quorum. Proxy voting shall notbe permitted.
AgriMissouri fund, created, purposes, lapse of fund into generalrevenue prohibited--advisory commission, created, purposes,duties, membership--trademark fees.
261.235. 1. There is hereby created in the state treasury for theuse of the agriculture business development division of the statedepartment of agriculture a fund to be known as "The AgriMissouri Fund".All moneys received by the state department of agriculture for Missouriagricultural products marketing development from any source, includingtrademark fees, shall be deposited in the fund. Moneys deposited in thefund shall, upon appropriation by the general assembly to the statedepartment of agriculture, be expended by the agriculture businessdevelopment division of the state department of agriculture for promotionof Missouri agricultural products under the AgriMissouri program. Theunexpended balance in the AgriMissouri fund at the end of the bienniumshall not be transferred to the general revenue fund of the state treasuryand accordingly shall be exempt from the provisions of section 33.080,RSMo, relating to transfer of funds to the ordinary revenue funds of thestate by the state treasurer.
2. There is hereby created within the department of agriculture the"AgriMissouri Advisory Commission for Marketing Missouri AgriculturalProducts". The commission shall establish guidelines, and makerecommendations to the director of agriculture, for the use of fundsappropriated by the general assembly for the agriculture businessdevelopment division of the department of agriculture, and for all fundscollected or appropriated to the AgriMissouri fund created pursuant tosubsection 1 of this section. The guidelines shall focus on the promotionof the AgriMissouri trademark associated with Missouri agriculturalproducts that have been approved by the general assembly, and shall advancethe following objectives:
(1) Increasing the impact and fostering the effectiveness of localefforts to promote Missouri agricultural products;
(2) Enabling and encouraging expanded advertising efforts forMissouri agricultural products;
(3) Encouraging effective, high-quality advertising projects,innovative marketing strategies, and the coordination of local, regionaland statewide marketing efforts;
(4) Providing training and technical assistance tocooperative-marketing partners of Missouri agricultural products.
3. The commission may establish a fee structure for sellers electingto use the AgriMissouri trademark associated with Missouri agriculturalproducts. Under the fee structure:
(1) A seller having gross annual sales greater than two milliondollars per fiscal year of Missouri agricultural products which constitutethe final product of a series of processes or activities shall remit to theagriculture business development division of the department of agriculture,at such times and in such manner as may be prescribed, a trademark fee ofone-half of one percent of the aggregate amount of all of such seller'swholesale sales of products carrying the AgriMissouri trademark; and
(2) All sellers having gross annual sales less than or equal to twomillion dollars per fiscal year of Missouri agricultural products whichconstitute the final product of a series of processes or activities shall,after three years of selling Missouri agricultural products carrying theAgriMissouri trademark, remit to the agriculture business developmentdivision of the department of agriculture, at such times and in such manneras may be prescribed, a trademark fee of one-half of one percent of theaggregate amount of all of such seller's wholesale sales of productscarrying the AgriMissouri trademark.
All trademark fees shall be deposited to the credit of the AgriMissourifund, created pursuant to this section.
4. The agriculture business development division of the department ofagriculture is authorized to promulgate rules consistent with theguidelines and fee structure established by the commission. No rule orportion of a rule shall become effective unless it has been promulgatedpursuant to the provisions of chapter 536, RSMo.
5. The commission shall consist of nine members appointed by thegovernor with the advice and consent of the senate. One member shall bethe director of the agriculture business development division of thedepartment of agriculture, or his or her representative. At least onemember shall be a specialist in advertising; at least one member shall be aspecialist in agribusiness; at least one member shall be a specialist inthe retail grocery business; at least one member shall be a specialist incommunications; at least one member shall be a specialist in productdistribution; at least one member shall be a family farmer with expertisein livestock farming; at least one member shall be a family farmer withexpertise in grain farming and at least one member shall be a family farmerwith expertise in organic farming. Members shall serve for four-yearterms, except in the first appointments three members shall be appointedfor terms of four years, three members shall be appointed for terms ofthree years and three members shall be appointed for terms of two yearseach. Any member appointed to fill a vacancy of an unexpired term shall beappointed for the remainder of the term of the member causing the vacancy.The governor shall appoint a chairperson of the commission, subject toratification by the commission.
6. Commission members shall receive no compensation but shall bereimbursed for actual and necessary expenses incurred in the performance oftheir official duties on the commission. The division of agriculturebusiness development of the department of agriculture shall provide allnecessary staff and support services as required by the commission to holdcommission meetings, to maintain records of official acts and to conductall other business of the commission. The commission shall meet quarterlyand at any such time that it deems necessary. Meetings may be called bythe chairperson or by a petition signed by a majority of the members of thecommission. Ten days' notice shall be given in writing to such membersprior to the meeting date. A simple majority of the members of thecommission shall be present to constitute a quorum. Proxy voting shall notbe permitted.
AgriMissouri fund, created, purposes, lapse of fund into generalrevenue prohibited--advisory commission, created, purposes,duties, membership--trademark fees.
261.235. 1. There is hereby created in the state treasury for theuse of the agriculture business development division of the statedepartment of agriculture a fund to be known as "The AgriMissouri Fund".All moneys received by the state department of agriculture for Missouriagricultural products marketing development from any source, includingtrademark fees, shall be deposited in the fund. Moneys deposited in thefund shall, upon appropriation by the general assembly to the statedepartment of agriculture, be expended by the agriculture businessdevelopment division of the state department of agriculture for promotionof Missouri agricultural products under the AgriMissouri program. Theunexpended balance in the AgriMissouri fund at the end of the bienniumshall not be transferred to the general revenue fund of the state treasuryand accordingly shall be exempt from the provisions of section 33.080,RSMo, relating to transfer of funds to the ordinary revenue funds of thestate by the state treasurer.
2. There is hereby created within the department of agriculture the"AgriMissouri Advisory Commission for Marketing Missouri AgriculturalProducts". The commission shall establish guidelines, and makerecommendations to the director of agriculture, for the use of fundsappropriated by the general assembly for the agriculture businessdevelopment division of the department of agriculture, and for all fundscollected or appropriated to the AgriMissouri fund created pursuant tosubsection 1 of this section. The guidelines shall focus on the promotionof the AgriMissouri trademark associated with Missouri agriculturalproducts that have been approved by the general assembly, and shall advancethe following objectives:
(1) Increasing the impact and fostering the effectiveness of localefforts to promote Missouri agricultural products;
(2) Enabling and encouraging expanded advertising efforts forMissouri agricultural products;
(3) Encouraging effective, high-quality advertising projects,innovative marketing strategies, and the coordination of local, regionaland statewide marketing efforts;
(4) Providing training and technical assistance tocooperative-marketing partners of Missouri agricultural products.
3. The commission may establish a fee structure for sellers electingto use the AgriMissouri trademark associated with Missouri agriculturalproducts. Under the fee structure:
(1) A seller having gross annual sales greater than two milliondollars per fiscal year of Missouri agricultural products which constitutethe final product of a series of processes or activities shall remit to theagriculture business development division of the department of agriculture,at such times and in such manner as may be prescribed, a trademark fee ofone-half of one percent of the aggregate amount of all of such seller'swholesale sales of products carrying the AgriMissouri trademark; and
(2) All sellers having gross annual sales less than or equal to twomillion dollars per fiscal year of Missouri agricultural products whichconstitute the final product of a series of processes or activities shall,after three years of selling Missouri agricultural products carrying theAgriMissouri trademark, remit to the agriculture business developmentdivision of the department of agriculture, at such times and in such manneras may be prescribed, a trademark fee of one-half of one percent of theaggregate amount of all of such seller's wholesale sales of productscarrying the AgriMissouri trademark.
All trademark fees shall be deposited to the credit of the AgriMissourifund, created pursuant to this section.
4. The agriculture business development division of the department ofagriculture is authorized to promulgate rules consistent with theguidelines and fee structure established by the commission. No rule orportion of a rule shall become effective unless it has been promulgatedpursuant to the provisions of chapter 536, RSMo.
5. The commission shall consist of nine members appointed by thegovernor with the advice and consent of the senate. One member shall bethe director of the agriculture business development division of thedepartment of agriculture, or his or her representative. At least onemember shall be a specialist in advertising; at least one member shall be aspecialist in agribusiness; at least one member shall be a specialist inthe retail grocery business; at least one member shall be a specialist incommunications; at least one member shall be a specialist in productdistribution; at least one member shall be a family farmer with expertisein livestock farming; at least one member shall be a family farmer withexpertise in grain farming and at least one member shall be a family farmerwith expertise in organic farming. Members shall serve for four-yearterms, except in the first appointments three members shall be appointedfor terms of four years, three members shall be appointed for terms ofthree years and three members shall be appointed for terms of two yearseach. Any member appointed to fill a vacancy of an unexpired term shall beappointed for the remainder of the term of the member causing the vacancy.The governor shall appoint a chairperson of the commission, subject toratification by the commission.
6. Commission members shall receive no compensation but shall bereimbursed for actual and necessary expenses incurred in the performance oftheir official duties on the commission. The division of agriculturebusiness development of the department of agriculture shall provide allnecessary staff and support services as required by the commission to holdcommission meetings, to maintain records of official acts and to conductall other business of the commission. The commission shall meet quarterlyand at any such time that it deems necessary. Meetings may be called bythe chairperson or by a petition signed by a majority of the members of thecommission. Ten days' notice shall be given in writing to such membersprior to the meeting date. A simple majority of the members of thecommission shall be present to constitute a quorum. Proxy voting shall notbe permitted.
