Missouri Code of State Regulations
Title 2 - DEPARTMENT OF AGRICULTURE
Division 80 - State Milk Board
Chapter 6 - Requirements for the Missouri Dairy Law
Section 2 CSR 80-6.041 - Dairy Manufacturing Plant, Dairy Manufacturing Farm, and Personnel Licensure
Universal Citation: 2 MO Code of State Regs 80-6.041
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The purpose of this amendment is to update wording.
(1) It is unlawful for any person to operate a dairy manufacturing plant, receiving station, to buy milk or cream from Missouri producers, or to perform the duties of fieldman, grader, or bulk milk truck operator without a license.
(A) A dairy manufacturing plant shall be
issued a license upon satisfactory application and payment of the annual
license fee to the State Milk Board. The license fee shall be based on annual
butterfat or milk purchased from producers, or in the event milk or but-terfat
purchases cannot serve as a basis, the amount of milk, figured at the
approximate average butterfat test of all milk marketed, that is required to
produce the total pound volume of production during the past twelve (12) months
ending June 30 as follows:
1. For any dairy
manufacturing plant purchasing milk or milk products from Missouri, one hundred
dollars ($100); and for each 1,400,000 pounds of milk purchased, five dollars
($5);
2. For any dairy
manufacturing plant or buyer whose license is based on total pound volume of
production of one hundred thousand (100,000) pounds or less, in this rule
considered the equivalent of one (1) million pounds of milk, one hundred
dollars ($100); for each additional 1,400,000 pounds of milk, five dollars
($5). The total volume is not construed to mean or include volume of products
processed for the Commodity Credit Corporation by contract or volume of
prepackaged cheese where basic form has not been changed;
3. For new dairy manufacturing plants where
volume of the twelve (12) months previous to June 30 has not been established,
the fee shall be five hundred dollars ($500) and include site inspection,
construction plan and label approval, inspections, and license to operate.
License shall expire June 30;
4.
The State Milk Board, or its agent, shall have the authority to examine the
buying and production records of any dairy products manufacturing plant for
verification of the butterfat tonnage purchased at the plant, or verification
of total pound volume of production manufactured or processed at the plant, at
any reasonable time that the State Milk Board shall elect to make the
examination. Butterfat or milk volume should be reported so as not to include
any butterfat or milk volume the second time due to transfer or sale from one
(1) plant to another;
5. A dairy
products manufacturing plant license shall not be transferable and shall not be
movable from one (1) city or town to another city or town, but with the consent
of the State Milk Board may be moved from one (1) location to another location
in the same city or town; and
6.
When a dairy products manufacturing plant licensed as described in this rule
ceases to receive milk, process milk, or both, for thirty (30) consecutive days
or longer, its dairy manufacturing plant license shall be automatically
terminated with no refund of licensing fee. Prior to resumption of operations,
reapplication shall be made for licensing and a sanitation inspection of plant
facilities showing satisfactory compliance shall be conducted by a
representative of the State Milk Board prior to authorizing a new license. New
licenses issued as described shall require a license fee of one hundred dollars
($100) and shall expire June 30, if the plant has continuous
operation.
(B) No person
shall operate a cream station or milk plant, or test milk or cream for the
purpose of purchase, without having made satisfactory application, passed the
required examination, and received license as a grader; the annual fee for
licensure is twenty-five dollars ($25) for the licensure year or unexpired
portion.
(C) No person shall
operate a bulk milk truck to pick up milk from Missouri producers without a
license as prescribed in
2 CSR
80-6.021 and payment of an annual license fee of
twenty-five dollars ($25).
(D) No
bulk milk pick-up tanker truck shall be operated without proof of inspection.
Inspections shall be performed by the State Milk Board or its authorized
regulatory agent every twenty-four (24) months plus remaining days of the month
which inspection is due with payment of a fifty dollar- ($50-) inspection
fee.
(E) A fieldman, prior to
performing his/her duties in the state for a dairy manufacturing plant located
either within or outside of Missouri processing either Grade "A" or
manufacturing milk, must obtain a field-man's license from the State Milk
Board. This license, which also grants the authority to sample, test, or grade
milk or cream, and to operate a bulk milk truck to pick up milk from farm
producers, can be issued only to an individual free from communicable disease,
who has passed a written examination grading seventy (70) or above, and has
paid the annual fee of twenty-five dollars ($25); the license may be renewed
upon payment of the annual fee, unless previously revoked for cause. The
license is not transferable.
(F)
Each dairy products manufacturing plant located outside Missouri, which is any
other person buying unprocessed milk or cream directly from producers in
Missouri for processing or manufacturing outside Missouri, shall apply and
obtain a brokerage license, for the license year, which shall include the right
to buy milk or cream. A brokerage license shall be issued upon satisfactory
application to the State Milk Board accompanied by an annual brokerage fee
based upon the annual butterfat or milk purchases made in Missouri during the
previous twelve (12) months ending on June 30 as follows:
1. For any plant purchasing milk or milk
product from Missouri, one hundred dollars ($100), and for each 1,400,000
pounds of milk purchased, five dollars ($5); and
2. For new plants where volume of the twelve
(12) months previous to June 30 has not been established, the license fee shall
be one hundred dollars ($100).
(G) No person shall operate a receiving
station without a license to operate a receiving station. An annual fee of
twenty-five dollars ($25) shall be required for the license.
(H) A Certificate of Free Sale and Sanitary
Origin is required by many foreign governments to allow entry of milk and dairy
products into their country. For each Certificate of Free Sale issued the fee
shall be one hundred dollars ($100).
(I) Manufacturers of Single Service Container
and Closure Products, certified by State Milk Board, shall be assessed the fee
of two hundred and fifty dollars ($250) per year.
(J) Non Interstate Milk Shippers Listed Grade
A Truck Wash Stations shall be certified by State Milk Board and shall be
assessed the fee of two hundred dollars ($200) per year.
(K)
All fees for license renewal and applications for licenses are to be considered
nonrefundable at the time of receipt by the State Milk Board or its authorized
representative.
*Original authority: 196.540, RSMo 1981, amended 1993, 1995.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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