Section 266.341

Title XVII AGRICULTURE AND ANIMALS

Chapter 266

Effective - 28 Aug 1995, 2 histories, see footnote   (history) 

  266.341.  Powers of director in administering law — rules, procedure. — 1.  The duty of enforcing and administering sections 266.291 to 266.351 shall be vested in the director.  The director shall, in accordance with this section and chapter 536, promulgate all rules necessary to provide for the efficient administration and enforcement of sections 266.291 to 266.351; except that, no rule, nor revision or rescission thereof, may be filed with the secretary of state until it has been approved by a majority of the members of the advisory council created in section 266.336.  No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

  2.   The director or his authorized agents are hereby authorized and empowered to:

  (1)  Collect samples, inspect, and make analysis of fertilizer sold, offered or exposed for sale within this state; except that, samples taken of fertilizer sold in bulk shall be taken from the bulk container immediately after mixing on the premises of the mixing facility or, when not possible, to be sampled from the bulk container wherever found;

  (2)  Inspect and audit the books of every distributor who sells, offers for 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 are being fully complied with;

  (3)  Require every distributor to file with the director documentation as prescribed by rules promulgated under sections 266.291 to 266.351.  Such documents shall not be required more often than two-week intervals, and all such documents shall be returned to the distributor upon his request;

  (4)  Enter upon any public or private premises during the regular business hours in order to have access to fertilizer subject to sections 266.291 to 266.351 and the rules and regulations promulgated under sections 266.291 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 in violation of any of the provisions of sections 266.291 to 266.351, which order shall prohibit the further sale of such fertilizer until sections 266.291 to 266.351 have been complied with or such violation has been otherwise legally disposed of by written authority of the director;

  (6)  Maintain a laboratory with necessary equipment and employ such employees as may be necessary to aid in the administration of sections 266.291 to 266.351;

  (7)  Publish each year the full and detailed report giving the names and addresses of all distributors registered under sections 266.291 to 266.351, the analytical results of all samples collected, and a statement of all fees and penalties received and expenditures made under sections 266.291 to 266.351;

  (8)  Revoke or suspend the permit, or refuse to issue a permit, to any distributor who has willfully violated any of the provisions of sections 266.291 to 266.351 or failed or neglected to pay the fees or penalties provided for in sections 266.291 to 266.351;

  (9)  Institute and prosecute through the attorney general of this state suits to collect any fees due under the provisions of sections 266.291 to 266.351 which are not promptly paid;

  (10)  Establish from information secured from manufacturers and other reliable sources the market value of fertilizer and fertilizer materials for the purpose of determining the amount of damages due when the official analysis shows an excessive deficiency from the guaranteed analysis.

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(L. 1953 p. 9 § 266.340, A.L. 1959 H.B. 236, A.L. 1985 S.B. 65, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)