HB 100 Modifies provisions relating to the administration of topical agricultural products

Current Bill Summary

- Prepared by Senate Research -

SCS/HB 100 - This act modifies provisions relating to the administration of topical agricultural products.

FERTILIZER CONTROL BOARD (Sections 266.301-266.347) - This act repeals the advisory council to the Director of the Missouri agriculture experiment station and establishes the Fertilizer Control Board. The Board shall be composed of 13 members, 5 of which shall be nominated by the nonprofit corporation organized under Missouri law to promote the interests of the fertilizer industry, 5 of which shall be nominated by Missouri not-for-profit corporations that represent farmers, and 3 shall be at-large members. The filling of vacancies, the selection of officers, and meeting conduct shall be outlined in the bylaws established by the Board. The board shall perform certain criteria as set forth in this act. Agents of the Fertilizer Control Board are also authorized to perform certain duties as set forth in this act.

Where a preliminary analysis shows a potential deficiency, the distributor shall be provided notification within 2 business days by phone or email, in addition to a letter delivered by mail. Once the analysis is certified, a certification of the penalties assessed shall be mailed to the distributor liable for the penalty. Under this act, total penalties assessed to a fertilizer distributor shall not exceed $5,000 per year, or the amount of the current value of the plant food deficiency, whichever is greater. A fertilizer distributor who knowingly violates provisions of law relating to fertilizers shall be assessed a penalty of not more than $25,000 for each offense.

These provisions are identical to SB 469 (2015) and HCS/SCS/SB 131 (2015), and are substantially similar to HB 997 (2015).

CERTIFIED COMMERCIAL PESTICIDE APPLICATORS (Section 281.065) - Currently, a certified commercial pesticide applicator must furnish evidence of financial responsibility with the Director of the Department of Agriculture in order to receive a license. Currently, the amount of the surety bond or liability insurance required is $25,000 for property damage and bodily injury. Under this act, the amount is modified to $50,000 for each occurrence. Further, the applicator is not required to furnish such evidence for license renewal, unless upon request. If the Director so requests, the applicator shall furnish such evidence within 10 days of receiving the request. The Director shall be notified of cancellation or reduction of financial responsibility for any applicator or employer of the applicator. The applicator or applicator's employer shall also maintain evidence of financial responsibility at their business location. If the financial responsibility furnished becomes unsatisfactory, new financial responsibility instruments shall be immediately executed and maintained at the business location, or the applicator's license may be affected as set forth in this act.

This provision is substantially similar to SS/SCS/SB 12 (2015), HCS/HB 138 (2015), HB 146 (2015), and SB 132 (2015). This provision is similar to HCS/HB 1952 (2014), SCS/HCS/HB 1326 (2014), HCS/SB 506 (2014), SCS/SB 888 (2014), and HCS/SB 591 (2014).


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