Current through Register Vol. 49, No. 6, March 15, 2024
(1) The Plant Industries Division is a
regulatory and service agency of the Missouri Department of Agriculture and is
subdivided into the following bureaus and functions:
(A) The Bureau of Plant Pest Control, under
the supervision of the state entomologist, is responsible for administering the
following statutes:
1. The Missouri Plant Law
requires the state entomologist to make mandatory inspections of nurseries and
nursery stock including woody plants and perennials. The Act also requires the
state entomologist to stay abreast of serious plant pests; to make surveys for
and to control the spread of especially serious plant pests; establish and
enforce plant pest quarantines; provide inspection service and issue special
certification for plants and plant parts to be shipped to foreign countries;
and to issue special certification for plants, plant material and other
regulated items being shipped from quarantined areas. Rules pertaining to the
Missouri Plant Law are filed in Chapter 10 and Plant Law Quarantines are filed
under Chapter 11 of this division; and
2. The Missouri Apiary Law empowers the state
entomologist to provide inspection of apiaries within the state and issue
certificates on colonies found to be free of American and European foulbrood
and other serious bee diseases. This inspection service is optional and must be
paid for by the beekeeper receiving inspection. Rules pertaining to the
Missouri Apiary Act are filed under Chapter 15 of this division;
(B) The Bureau of Pesticide
Control is responsible for administering the following statutes:
1. The Missouri Pesticide Registration Act
requires the registration of all pesticides distributed, sold or held for sale
in the state of Missouri. Any pesticide is defined to be any substance intended
for preventing, destroying, repelling or mitigating any insects, rodents,
fungi, weeds or other forms of plant or animal life or viruses, except viruses
or fungi on or in living men or other animals. The Act establishes labeling
requirements and sets penalties for violators. Inspections of retail dealers of
pesticides are performed throughout the state to enforce compliance with this
Act; and
2. The Missouri Pesticide
Use Act requires the certification and licensing of persons who apply
pesticides for a fee. This includes pest control operators and aerial
applicators, as well as other custom applicators of agricultural pesticides.
The Act also requires the certification of persons applying any pesticides
which have been declared restricted due to its environmental impact. This group
of pesticide applicators includes-farmers, called private applicators;
government employees who apply pesticides in the course of their duties; and
persons involved in research and experimental programs. Pesticide technicians
are required to attain verifiable training and become licensed. Dealers of
restricted use pesticides must also be licensed. The Act sets penalties for
violations. Rules pertaining to the Missouri Pesticide Act are filed under
Chapter 25 of this division;
(C) Bureau of Feed and Seed is responsible
for administering the following statutes:
1.
The Missouri Commercial Feed Law provides for regulation of the feed industry
through the registration of commercial feeds and commercial feed manufacturers.
The Act requires accurate labeling of commercial feed ingredients. The feed
control laboratory supports the work of the bureau by performing analytical
tests to determine that protein, fat, fiber, minerals, salt, vitamin A, and
drugs actually exist in the feed in the same proportions as guaranteed by the
label.
The Act gives the director of agriculture the authority to
stop-sale any feed failing to meet the labeling claims. An inspection fee of
ten cents (10¢) per ton is charged to manufacturers for commercial feed
inspected under the program in Missouri. Rules pertaining to the Missouri
Commercial Feed Law are filed under Chapters 30 and 31 of this division;
and
2. The Missouri Seed
Law requires the licensing of wholesale and retail seed dealers and requires
accurate labeling of agricultural and vegetable seed sold in this state. The
statute also provides for personnel and laboratory facilities to determine that
the label guarantees for purity, germination, and noxious weeds are within
tolerances set by the Act. The test date for seed must be shown on the label
and all seed must be sold within nine (9) months of testing. Stop-sales are
placed on seed failing to meet the statutory requirements. Rules pertaining to
the Missouri Seed Law are filed under Chapter 35 of this division;
(D) The following statutes are
also administered by the Plant Industries Division:
1. Hemp extract cultivation and production
facility licensing and inspection authority is granted under section
261.265,
RSMo. Rules pertaining to this chapter are filed under Chapter 14 of this
division; and
2. The Missouri
Johnson Grass Control Eradication Law is a county option law which, after
approval by a majority electorate of a county, allows the director of
agriculture to appoint a county weed control board and requires the control and
eradication of Johnson grass on both private and public lands within the
county. Rules pertaining to the Missouri Johnson Grass Control and Eradication
Law are filed under Chapter 45 of this division.
(2) The
Plant Industries Division is administered by the divisional director and
administrative staff with the main offices located at 1616 Missouri Blvd.,
Jefferson City, MO 65109.
(A) The mailing
address is: Plant Industries Division, Missouri Department of Agriculture, PO
Box 630, Jefferson City, MO 65102. Telephone (314) 751-2462 or (314)
751-4310.
(B) The following
laboratories and outlying offices are functions of the Plant Industries
Division:
1. Feed Control Laboratory, 115
Constitution Drive, Jefferson City, Missouri. Mail should be sent to PO Box
630, Jefferson City, MO 65102; and
2. Seed Control Laboratory, 115 Constitution
Drive, Jefferson City, Missouri. Mail should be sent to PO Box 630, Jefferson
City, MO 65102.
The secretary of state has determined that the publication
of this rule in its entirety would be unduly cumbersome or expensive. The
entire text of the material referenced has been filed with the secretary of
state. This material may be found at the Office of the Secretary of State or at
the headquarters of the agency and is available to any interested person at a
cost established by state law.
*Original authority: 536.023, RSMo 1975, amended 1976,
1997.