Missouri Senate

House Amendment

(SECTIONS 196.316, 261.200, 281.260, 311.550)

This act creates the Agriculture Protection Fund. All fees collected and assessed by the Department of Agriculture which are not already credited to a program-specific purpose shall be placed into the fund. Fees related to egg licenses, the sale of wine, and pesticide registration are specifically directed to be credited to the Agriculture Protection Fund.

The Agriculture Protection Fund shall only be used for Department of Agriculture functions and responsibilities relating to the programs from which the fees are collected. Any remaining balance in the fund shall not be subject to the biennial sweep.

Under current law, the fee for registering a pesticide in Missouri is $15 per year and there is a late charge of $5 assessed for any pesticide not registered by January 1st. This act increases the registration fee to $150 per year and the late charge to $50. If the funding exceeds the reasonable cost to administer the pest and pesticide programs, the Department of Agriculture is authorized to set reduced fees for all registrants.

This act is similar to SCS/SB 622 (2010).

(SECTION 226.1120)

This act creates the Show Me Harvest Initiative. Under this program the highway and transportation commission may award contracts to mow grass along state roadways. The contractors shall use their own equipment, receive hay rights in the section they mow, and may receive monetary compensation. The commission may also enter into five-year long contracts for planting and harvesting switchgrass or produce on the right-of-way of any state roadway. The commission is given the authority to make rules to carry out this program.

This act is similar to HB 1659 (2010).

(SECTIONS 261.325 and 261.328)

This act creates the Farm to Institution Initiative within the Department of Agriculture. This initiative is given the duty to administer the Farm to Institution program, collaborate with the AgriMissouri brand program, assist family-owned farms and small businesses that produce or process Missouri food products with marketing, collaborate with other programs, seek funding, and promulgate rules for programs.

The act also requires the departments of agriculture, elementary and secondary education, health and senior services, and economic development to create the Farm to Institution program. The first phase of this program is the Farm Fresh Schools Program and the second phase is the Farm to Cafeteria Program. Among other duties, these programs are required to link schools and state institutions with local and regional farms, establish goals for cafeteria purchases from local small farmers and agribusinesses, and amend state and state institution cafeteria procurement regulations to maximize the purchase of locally grown foods.

The Department of Agriculture is required to develop request for proposals for grants to expand the ability to produce, process, and distribute locally grown foods. The first six grants awarded under the program are required to be awarded to counties with a significant agricultural economy based on need.

This program shall expire in six years unless reauthorized.

These provisions are similar to HCS/HB 1833 (2010).

(SECTION 262.005)

This act declares that it is the right of citizens to raise domesticated animals in a humane manner without the state imposing an undue economic burden on animal owners. The determination as to whether animals are raised in a humane manner will be based on agricultural standards established by the University of Missouri and current industry standards.

This provision is similar to HJR 86 (2010) and HCS/HB 1747 (2010).

(SECTION 262.880)

The act creates the Urban Farming Task Force within the Department of Agriculture. The Task Force shall be made up of 15 members, with representation specified, and all but the director of the Department of Agriculture and members of the General Assembly must be appointed by the Governor with the advice and consent of the Senate.

The Task Force is charged with studying and making recommendations regarding the impact of urban farm cooperatives, vertical farming, and sustainable living communities in the state. In its study, the Task Force must examine trends in urban farming, existing resources and capacity for urban farming, the impact of urban farming on the community, and any needed state legislation or policies. The Task Force must hold meetings in at least 3 urban areas to seek public input and must submit its findings to the Governor and General Assembly by December 31, 2010.

The Task Force shall thereafter meet at least once annually to review the implementation of its recommendations and to provide supplemental updates.

The provisions of the act expire on December 31, 2013.

This provision is similar to HCS/HB 1848 (2010).

(SECTION 265.300)

This act includes whitetail deer in the definition of livestock from June first through August first for the purposes of inspecting and licensing commercial meat processors.

(SECTION 265.700, 265.703, 265.709, 265.712, 265.715, 265.721, 265.724, 265.727, 265.730, 265.733, 265.736, 265.739, 265.742, 265.745, 265.748, 265.751, 265.754)

The act requires that any person who intends to process or sell horse meat for human consumption must first apply for and receive a certificate of registration from the Missouri Department of Agriculture. The certificate is valid until June 30th for each year. The act prescribes the information that must be provided in the application for the certificate. The director of the Missouri Department of Agriculture may refuse to issue a certificate if he or she finds an applicant's information false or misleading or if the applicant's operation does not comply with certain state or federal sanitary or wholesomeness standards.

Applicants must pay an annual $50 registration fee in addition to an annual inspection fee based on the number of horses processed. The Missouri Department of Agriculture must use the inspection fee revenue to pay for inspections of the horse processing facilities by the U.S. Department of Agriculture (USDA).

The act prohibits the defacing, altering, or removal of slaughterer or processor identification labels or inspection stamps affixed by a USDA employee onto any horse carcass or horse meat. The act provides authority to the director of the Missouri Department of Agriculture to affix a detention tag to any horse carcass or horse meat product if he or she has reasonable cause to believe that the carcass or product is misbranded, unbranded, or adulterated in violation of law.

Any facility used for the processing, handling, transporting, or sale of horse meat for human consumption must be operated in a sanitary manner. Any owner of a facility operated in violation of the act or the Federal Meat Inspection Act may have his or her certificate of registration suspended or revoked.

The act gives authority to the Missouri Department of Agriculture to conduct inspections and investigations related to the enforcement of the Federal Meat Inspection Act. Staff of the department shall have reasonable access to premises where the horse processing occurs.

The act lists criteria under which a horse meat food product is considered adulterated. The Missouri Department of Agriculture may destroy any adulterated horse meat food product.

Horse meat may not be mixed with any other type of animal meat if being offered for human consumption, and certain parts of a horse are prohibited from being sold for human consumption. Horse meat that is unlabeled as to type of use or that is labeled as pet or animal food must be specially marked or colored as the act specifies, with certain exceptions. Horse meat intended for pet or animal food must not be stored in the same refrigerated compartment with horse meat intended for human consumption.

The act lists certain record keeping requirements for persons who sell a certain amount of horse carcasses or horse meat for human consumption in any one day.

Unless intended for personal consumption, possession of a horse carcass or horse meat food product is prima facie evidence of such commodity for sale.

The Attorney General is given authority to prosecute any violations of the act.

The act creates the Horse Meat and Product Fund, into which the registration and inspection fees are to be deposited.

Any violation of the act is a class A misdemeanor and a second or subsequent violation is a class D felony.

These provisions are similar to HCS/HB 1747 (2010).

(SECTION 266.355)

Equipment which is in use for storage of anhydrous ammonia as of August 28, 2010 and which is found by the Department of Agriculture to be in substantial compliance with generally accepted safety standards will not be subject to state regulations covering the storing and handing of anhydrous ammonia. The Department of Agriculture is required to adopt the 1981 American National Standards Institute standard for storage and handling of anhydrous ammonia and is not allowed to adopt a different American National Standards Institute standard prior to December 1, 2015.

(SECTIONS 267.565, 267.600)

Any animal or bird under investigation by the state veterinarian for carrying a toxin must not be removed from the premises until certain conditions are met. The act gives the state veterinarian the authority to choose the method of eradication of the toxin.

The State Veterinarian may restrict the movement of any animal or bird under investigation for the presence of a toxin. Once an investigation is completed, the animal or bird shall either be allowed to be moved or must be permanently quarantined.

These provisions are similar to HB 1662 (2010), SB 824 (2010), and SB 526 (2009).

(SECTION 267.810)

This act establishes the Missouri Animal Care Advisory Committee. This committee consists of eighteen members. The committee is required to review the animal care practices related to poultry, livestock, and licensed dog breeding facilities in this state, and make recommendations to the general assembly. The committee is required to review national species specific animal care guidelines once every five years. The Department of Agriculture is required to provide technical support and a meeting place for the committee.

This provision is similar to HB 2291 (2010).

(SECTIONS 270.260, 270.400)

This act creates administrative penalties for knowingly releasing swine. The first, second, and third offenses are subject to escalating penalties of one thousand, two thousand, and three thousand dollars per swine.

The act also makes possessing or transporting a live Russian and European wild boar or wild-caught swine on public land a class A misdemeanor and also allows for the assessment of an administrative penalty of up to 1,000 dollars per violation.

The Department of Agriculture is required to make rules for fencing and health standards for Russian and European wild boar and wild-caught swine held on private land. Individuals who hold these types of wild boars or swine on private land are required to get annual permits from the department of agriculture. These types of wild boars and swine may only be transported from farm to farm, directly to slaughter, or to a slaughter-only market.

The Animal Health fund is created to consist of all the fees collected by the department based on these permits and administrative penalties.

These provisions are similar to HB 2225 (2010).

(SECTIONS 273.327, 273.329)

Currently, animal shelters are exempt from paying a licensing fee to the Department of Agriculture. This act eliminates this exemption.

The Department of Agriculture is prohibited from hiring, contracting with, or otherwise using the services of the personnel of any non-profit organization for the purpose of inspecting or licensing shelters, pounds, kennels, breeders, and pet shops.

These provisions are similar to HCS/HB 2102 (2010).

(SECTION 311.297)

This act allows wineries, distillers, manufacturers, wholesalers, or brewers to provide samples for customer tasting purposes at licensed retail premises that have a special permit or a by-the-drink-for-consumption-on-the-premises-where-sold retail license. The winery, distiller, manufacturer, wholesaler, or brewer cannot give money or anything of value to the retailer for the privilege or opportunity to conduct the tasting.

These provisions are similar to HB 1367 (2010), SB 967 (2010), and SB 451 (2009).

(SECTION 319.306 and 319.321)

This act exempts individuals who use explosive materials to unblock clogged screens of agricultural irrigation wells within the Southeast Missouri Regional Water District from having to obtain a blaster's license. The act also exempts any person using explosives in this manner from having to calculate the scaled distance to the nearest uncontrolled structure, from having to use a seismograph to record ground vibration and acoustic levels, from having to retain seismograph recordings and accompanying records for three years, and from having to register with the Division of Fire Safety and file an annual report.

This act is similar to HB 1455 (2010).

(SECTIONS 537.850, 537.853, 537.856, 537.859, 537.862)

This act creates a registration process for agritourism operators. Any person who provides an activity which allows members of the general public to view or enjoy rural activities for recreational, entertainment, or educational purposes may register with the Department of Agriculture. The department is required to keep a list of all registered agritourism operators, the activities they conduct, and the location where these activities occur. The department may charge a registration fee, not to exceed one hundred dollars.

Registered agritourism operators are required to post certain warning notices and include warning language in contracts.

The act provides that registered agritourism operators are not liable for injuries to, or the death of, a participant in agritourism, that result from the inherent risks of agritourism activities. The liability of an agritourism operator who engages in willful or wanton conduct or has actual knowledge of a dangerous condition in the land, facilities, or equipment, is not limited.

The act also creates the Agritourism Fee fund for the deposit of appropriated funds and registration fees.

These provisions are similar to HB 2362 (2010).

(SECTIONS 578.600, 578.602, 578.604, 578.606, 578.608, 578.610, 578.612, 578.614, 578.616, 578.618, 578.620, 578.622, 578.624, Section 1)

This act creates the Large Carnivore Act. Except as permitted in the act, the act prohibits the owning, breeding, possession, transferring of ownership, or transporting of "large carnivores," defined as certain non-native cats of the Felidae family or any species of non-native bear held in captivity.

Persons possessing, breeding, or transporting large carnivores on or after January 1, 2012 must apply for a permit for each such large carnivore from the Department of Agriculture. The fee for the permit shall not exceed $2,500 and the permit shall list certain information about the location, identification, and veterinary care of the large carnivore. The veterinarian identified in the permit must: insert an identification number in the animal via subcutaneous microchip, collect a DNA sample, provide a written summary of the animal's physical exam, and provide a signed health certificate as required for transport of the animal. The department may charge up to $500 for annual renewal of the permit. Certain individuals are ineligible for a permit.

The act requires any person who owns, possesses, breeds or sells a large carnivore to adhere to all United States Department of Agriculture regulations and standards. The state department of agriculture must be informed in the event of the animal's death.

A person may kill a large carnivore without civil liability if the person believes the carnivore is attacking or killing another person, livestock, or a mammalian pet, if the pet is being attacked outside the large carnivore's enclosure.

Any person who owns or possesses a large carnivore is liable in a civil action for the death or injury of a human or another animal and for any property damage caused by the large carnivore. If a large carnivore escapes or is released intentionally or unintentionally, the owner is required to immediately notify law enforcement and is liable for all expenses associated with the efforts to recapture the large carnivore. As a condition of being permitted to own a large carnivore, the owner is required to show proof of having liability insurance in an amount of not less than $250,000.

Individuals who intentionally release a large carnivore shall be guilty of a class D felony. Other violations of this act shall be a class A misdemeanor. The penalty for violating the act may also include community service, loss of privilege to own or possess an animal, and civil forfeiture of any large carnivore.

The requirements of the act are in addition to any applicable state or federal laws and do not preclude any political subdivision from adopting more restrictive laws. Certain entities, law enforcement officials, animal control officers, and veterinarians are exempt from the permit and ID chip requirements of the act. The act does not apply to circuses or to the College of Veterinary Medicine at the University of Missouri-Columbia.

The act creates the Large Carnivore fund for the deposit of gifts, donations, bequests, or appropriations.

These provisions are similar to HB 1288 (2010), SB 832 (2010), HCS/HB 426 (2009), SB 206 (2007) and the perfected HB 1441 (2006).

EMILY KALMER

HA #1 - THIS AMENDMENT REQUIRES THE DEPARTMENT OF AGRICULTURE TO ADOPT THE 1999 AMERICAN NATIONAL STANDARDS INSTITUTE STANDARD FOR STORAGE AND HANDLING OF ANHYDROUS AMMONIA, BUT THE DEPARTMENT IS NOT ALLOWED TO ADOPT THIS STANDARD BEFORE DECEMBER 1, 2015.

THIS AMENDMENT ALSO ADDS A PRODUCER MEMBER OF THE MISSOURI RICE COUNCIL TO THE ANIMAL CARE ADVISORY COMMITTEE. THE AMENDMENT ALSO PROHIBITS MEMBERS OF THE ANIMAL CARE ADVISORY COMMITTEE FROM RECEIVING REIMBURSEMENT FOR ANY EXPENSES ASSOCIATED WITH THEIR SERVICE ON THE COMMITTEE.

THIS AMENDMENT MAKES IT A CRIME TO RECKLESSLY RELEASE SWINE UPON ANY PUBLIC LAND OR PRIVATE LAND NOT COMPLETELY ENCLOSED BY A FENCE. A PERSON WILL BE GUILTY OF A D FELONY IF THEY COMMIT A SECOND OFFENSE OF RELEASING SWINE WITHIN TEN YEARS OF THEIR FIRST OFFENSE.

THIS AMENDMENT ALSO EXEMPTS CERTAIN ZOOLOGICAL PARKS FROM THE LARGE CARNIVORE ACT.

HA #2 - THIS AMENDMENT ELIMINATES THE LANGUAGE CREATING THE URBAN FARMING TASK FORCE.

THIS AMENDMENT REQUIRES THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF NATURAL RESOURCES TO CONSIDER METHANE FROM AGRICULTURAL OPERATIONS AND THERMAL DEPOLYMERIZATION OR PYROLYSIS FOR CONVERTING WASTE MATERIAL TO ENERGY AS RENEWABLE ENERGY RESOURCES FOR THE PURPOSES OF REQUIREMENTS THAT ELECTRIC UTILITIES GENERATE OR PURCHASE A CERTAIN PERCENT OF THEIR ELECTRICITY FROM RENEWABLE ENERGY RESOURCES.

HA #4, AS AMENDED - THIS AMENDMENT SPECIFIES THAT MONEY IN THE AGRICULTURE PROTECTION FUND SHALL BE USED FOR ADMINISTRATION OF THE PROGRAM FROM WHICH THE FEE WAS COLLECTED, EXCEPT FOR FEES RELATED TO THE SALE OF WINE.

THE $150 PESTICIDE REGISTRATION FEE SHALL ONLY BE USED TO ADMINISTER THE PEST AND PESTICIDE PROGRAMS OF THE DEPARTMENT OF AGRICULTURE. IF THE FUNDING FROM THIS FEE OR FROM THE LATE CHARGE FEE EXCEEDS THE REASONABLE COST TO ADMINISTER THE PEST AND PESTICIDE PROGRAMS, THE DEPARTMENT OF AGRICULTURE IS REQUIRED TO REDUCE FEES FOR ALL REGISTRANTS.

HA #5 - THIS AMENDMENT ELIMINATES THE LANGUAGE WHICH INCLUDED WHITETAIL DEER IN THE DEFINITION OF LIVESTOCK FROM JUNE FIRST THROUGH AUGUST FIRST FOR THE PURPOSES OF INSPECTING AND LICENSING COMMERCIAL MEAT PROCESSORS.

HA #6 - UNDER CURRENT LAW, FARMLAND IS PROVIDED AN EXEMPTION UNDER THE FARMLAND PROTECTION ACT FROM BEING SUBJECT TO WATER AND SEWER DISTRICT ASSESSMENTS UNTIL THE PROPERTY IS CONNECTED TO THE WATER OR SEWER SYSTEM. THE AMENDMENT SPECIFIES THAT THIS EXEMPTION DOES NOT APPLY TO DRAINAGE AND LEVEE DISTRICTS.

HSA #1 FOR HA#7 - THIS AMENDMENT ALLOWS FARM COOPERATIVE ASSOCIATIONS TO PAY TEN DOLLARS ANNUALLY, IN LIEU OF SALES TAXES. THIS PROVISION OF LAW HAS AN EMERGENCY CLAUSE.