Powers of director in administering law--rules, procedure.
266.341. 1. The duty of enforcing and administering sections 266.291 to266.351 shall be vested in the director. The director shall, in accordancewith this section and chapter 536, RSMo, promulgate all rules necessary toprovide for the efficient administration and enforcement of sections 266.291to 266.351; except that, no rule, nor revision or rescission thereof, may befiled with the secretary of state until it has been approved by a majority ofthe members of the advisory council created in section 266.336. No rule orportion of a rule promulgated under the authority of this chapter shall becomeeffective unless it has been promulgated pursuant to the provisions of section536.024, RSMo.
2. The director or his authorized agents are hereby authorized andempowered to:
(1) Collect samples, inspect, and make analysis of fertilizer sold,offered or exposed for sale within this state; except that, samples taken offertilizer sold in bulk shall be taken from the bulk container immediatelyafter mixing on the premises of the mixing facility or, when not possible, tobe sampled from the bulk container wherever found;
(2) Inspect and audit the books of every distributor who sells, offersfor sale, or exposes for sale fertilizer for consumption or use in this state,to determine whether or not the provisions of sections 266.291 to 266.351 arebeing fully complied with;
(3) Require every distributor to file with the director documentation asprescribed by rules promulgated under sections 266.291 to 266.351. Suchdocuments shall not be required more often than two-week intervals, and allsuch documents shall be returned to the distributor upon his request;
(4) Enter upon any public or private premises during the regularbusiness hours in order to have access to fertilizer subject to sections266.291 to 266.351 and the rules and regulations promulgated under sections266.291 to 266.351, and to take samples and inspect such fertilizer;
(5) Issue and enforce a written or printed "stop-sale, use, or removal"order to the owner or custodian of any fertilizer which is found to be inviolation of any of the provisions of sections 266.291 to 266.351, which ordershall prohibit the further sale of such fertilizer until sections 266.291 to266.351 have been complied with or such violation has been otherwise legallydisposed of by written authority of the director;
(6) Maintain a laboratory with necessary equipment and employ suchemployees as may be necessary to aid in the administration of sections 266.291to 266.351;
(7) Publish each year the full and detailed report giving the names andaddresses of all distributors registered under sections 266.291 to 266.351,the analytical results of all samples collected, and a statement of all feesand penalties received and expenditures made under sections 266.291 to266.351;
(8) Revoke or suspend the permit, or refuse to issue a permit, to anydistributor who has willfully violated any of the provisions of sections266.291 to 266.351 or failed or neglected to pay the fees or penaltiesprovided for in sections 266.291 to 266.351;
(9) Institute and prosecute through the attorney general of this statesuits to collect any fees due under the provisions of sections 266.291 to266.351 which are not promptly paid;
(10) Establish from information secured from manufacturers and otherreliable sources the market value of fertilizer and fertilizer materials forthe purpose of determining the amount of damages due when the officialanalysis shows an excessive deficiency from the guaranteed analysis.
Powers of director in administering law--rules, procedure.
266.341. 1. The duty of enforcing and administering sections 266.291 to266.351 shall be vested in the director. The director shall, in accordancewith this section and chapter 536, RSMo, promulgate all rules necessary toprovide for the efficient administration and enforcement of sections 266.291to 266.351; except that, no rule, nor revision or rescission thereof, may befiled with the secretary of state until it has been approved by a majority ofthe members of the advisory council created in section 266.336. No rule orportion of a rule promulgated under the authority of this chapter shall becomeeffective unless it has been promulgated pursuant to the provisions of section536.024, RSMo.
2. The director or his authorized agents are hereby authorized andempowered to:
(1) Collect samples, inspect, and make analysis of fertilizer sold,offered or exposed for sale within this state; except that, samples taken offertilizer sold in bulk shall be taken from the bulk container immediatelyafter mixing on the premises of the mixing facility or, when not possible, tobe sampled from the bulk container wherever found;
(2) Inspect and audit the books of every distributor who sells, offersfor sale, or exposes for sale fertilizer for consumption or use in this state,to determine whether or not the provisions of sections 266.291 to 266.351 arebeing fully complied with;
(3) Require every distributor to file with the director documentation asprescribed by rules promulgated under sections 266.291 to 266.351. Suchdocuments shall not be required more often than two-week intervals, and allsuch documents shall be returned to the distributor upon his request;
(4) Enter upon any public or private premises during the regularbusiness hours in order to have access to fertilizer subject to sections266.291 to 266.351 and the rules and regulations promulgated under sections266.291 to 266.351, and to take samples and inspect such fertilizer;
(5) Issue and enforce a written or printed "stop-sale, use, or removal"order to the owner or custodian of any fertilizer which is found to be inviolation of any of the provisions of sections 266.291 to 266.351, which ordershall prohibit the further sale of such fertilizer until sections 266.291 to266.351 have been complied with or such violation has been otherwise legallydisposed of by written authority of the director;
(6) Maintain a laboratory with necessary equipment and employ suchemployees as may be necessary to aid in the administration of sections 266.291to 266.351;
(7) Publish each year the full and detailed report giving the names andaddresses of all distributors registered under sections 266.291 to 266.351,the analytical results of all samples collected, and a statement of all feesand penalties received and expenditures made under sections 266.291 to266.351;
(8) Revoke or suspend the permit, or refuse to issue a permit, to anydistributor who has willfully violated any of the provisions of sections266.291 to 266.351 or failed or neglected to pay the fees or penaltiesprovided for in sections 266.291 to 266.351;
(9) Institute and prosecute through the attorney general of this statesuits to collect any fees due under the provisions of sections 266.291 to266.351 which are not promptly paid;
(10) Establish from information secured from manufacturers and otherreliable sources the market value of fertilizer and fertilizer materials forthe purpose of determining the amount of damages due when the officialanalysis shows an excessive deficiency from the guaranteed analysis.
Powers of director in administering law--rules, procedure.
266.341. 1. The duty of enforcing and administering sections 266.291 to266.351 shall be vested in the director. The director shall, in accordancewith this section and chapter 536, RSMo, promulgate all rules necessary toprovide for the efficient administration and enforcement of sections 266.291to 266.351; except that, no rule, nor revision or rescission thereof, may befiled with the secretary of state until it has been approved by a majority ofthe members of the advisory council created in section 266.336. No rule orportion of a rule promulgated under the authority of this chapter shall becomeeffective unless it has been promulgated pursuant to the provisions of section536.024, RSMo.
2. The director or his authorized agents are hereby authorized andempowered to:
(1) Collect samples, inspect, and make analysis of fertilizer sold,offered or exposed for sale within this state; except that, samples taken offertilizer sold in bulk shall be taken from the bulk container immediatelyafter mixing on the premises of the mixing facility or, when not possible, tobe sampled from the bulk container wherever found;
(2) Inspect and audit the books of every distributor who sells, offersfor sale, or exposes for sale fertilizer for consumption or use in this state,to determine whether or not the provisions of sections 266.291 to 266.351 arebeing fully complied with;
(3) Require every distributor to file with the director documentation asprescribed by rules promulgated under sections 266.291 to 266.351. Suchdocuments shall not be required more often than two-week intervals, and allsuch documents shall be returned to the distributor upon his request;
(4) Enter upon any public or private premises during the regularbusiness hours in order to have access to fertilizer subject to sections266.291 to 266.351 and the rules and regulations promulgated under sections266.291 to 266.351, and to take samples and inspect such fertilizer;
(5) Issue and enforce a written or printed "stop-sale, use, or removal"order to the owner or custodian of any fertilizer which is found to be inviolation of any of the provisions of sections 266.291 to 266.351, which ordershall prohibit the further sale of such fertilizer until sections 266.291 to266.351 have been complied with or such violation has been otherwise legallydisposed of by written authority of the director;
(6) Maintain a laboratory with necessary equipment and employ suchemployees as may be necessary to aid in the administration of sections 266.291to 266.351;
(7) Publish each year the full and detailed report giving the names andaddresses of all distributors registered under sections 266.291 to 266.351,the analytical results of all samples collected, and a statement of all feesand penalties received and expenditures made under sections 266.291 to266.351;
(8) Revoke or suspend the permit, or refuse to issue a permit, to anydistributor who has willfully violated any of the provisions of sections266.291 to 266.351 or failed or neglected to pay the fees or penaltiesprovided for in sections 266.291 to 266.351;
(9) Institute and prosecute through the attorney general of this statesuits to collect any fees due under the provisions of sections 266.291 to266.351 which are not promptly paid;
(10) Establish from information secured from manufacturers and otherreliable sources the market value of fertilizer and fertilizer materials forthe purpose of determining the amount of damages due when the officialanalysis shows an excessive deficiency from the guaranteed analysis.
