263.070. Inspection fees--nurseries and nursery dealers registration inspection certificates, requirements, expire when--disposition of fees.
Inspection fees--nurseries and nursery dealers registrationinspection certificates, requirements, expire when--dispositionof fees.
263.070. 1. A schedule of fees to defray the cost ofinspecting greenhouses, nurseries, nursery dealers, nurserystock, plants, plant products and other materials is herebyestablished and shall be listed in the rules made pursuant tosections 263.010 to 263.180. This fee schedule may be revisedfrom time to time to more accurately reflect the actual cost ofthese inspections.
2. Greenhouse inspection shall be optional and any grower ofgreenhouse plants who may desire or find need for a certificateof greenhouse inspection may obtain semiannual inspection of hisgreenhouse, premises and plants, by making application to thestate entomologist. This semiannual inspection and certificationof greenhouses shall be performed under the same generalprovisions as apply to the annual inspection of nurseries.Greenhouse inspection certificates shall expire on Novemberthirtieth of each year.
3. All nurseries in this state shall be inspected at leastonce each year to ascertain whether they are infested or infectedwith plant pests. Upon full payment of the fee each nurserymanshall receive a written notice of the findings of such inspectionalong with a nursery inspection certificate; except that, thestate entomologist may withhold certification of a nurserypending eradication of extremely serious or abundant plant pestsor weeds of such nature which would prevent the adequateinspection of such nursery. This certificate shall be used inconnection with the shipment or movement of any nursery stockshown to be apparently free of harmful and destructive plantpests or other nursery stock from which harmful and destructiveplant pests have been eliminated. All nursery inspectioncertificates shall expire on September thirtieth of each year.Each nursery shall be allowed one retail sales outlet percertificate. Additional outlets shall require separate nurserydealer registration-inspection certificates. When the findingsof the annual inspection of a nursery shall in the opinion of thestate entomologist warrant such action, additional inspections ofthe nursery may be made and the nursery may be charged a feesufficient to cover the cost of such reinspection.
4. By notice in writing the state entomologist may require anurseryman to hold any variety or any amount of nursery stock forinspection or reinspection by quarantining such nursery stockwhenever such action is necessary to determine that it is freefrom pests or to allow time to eradicate any such pests. Thestate entomologist may further order the removal from sale andthe treatment or destruction of any nursery stock infested orinfected with especially injurious pests or nursery stock whichis not viable or is in such damaged or desiccated condition as tobe incapable of reasonable growth. No compensation shall be paidfor any stock ordered destroyed.
5. (1) Each nursery dealer, before selling or offering forsale or otherwise distributing nursery stock within this state,shall annually obtain a nursery dealers' registration-inspectioncertificate for each individual location from which the dealersells or offers for sale nursery stock. Each nursery dealershall make application on forms to be provided by the stateentomologist for each individual location, which shall include:
(a) The name and complete address of the nursery dealer'splace of business for which such certificate is requested;
(b) A declaration that applicant will obtain and distributeonly inspected and certified nursery stock; and
(c) An up-to-date listing of all sources from which hesecures nursery stock.
(2) Each nursery dealer shall pay, at the time of makingapplication, the annual registration-inspection fee as set forthin the rules made pursuant to sections 263.010 to 263.180.
(3) All nursery dealer registration-inspection certificatesshall expire on September thirtieth of each year.
(4) The state entomologist may inspect or cause to beinspected the premises of any nursery dealer including any salesyard, packing shed, nursery stock on hand or equipment, for thepresence of dangerous and destructive plant pests which may bedisseminated on nursery stock.
6. By notice in writing the state entomologist may require anursery dealer to hold any variety or any amount of nursery stockby quarantining such nursery stock whenever such action isnecessary to determine that it is free from pests or to allowtime to eradicate any such pests. The state entomologist mayfurther order the removal from sale and the treatment ordestruction of any nursery stock infested or infected withespecially injurious pests, or nursery stock which is not viableor is in such damaged or desiccated condition as to be incapableof reasonable growth. No compensation shall be paid for anystock ordered destroyed.
7. Any person in need of a special inspection andcertification of nursery stock, other plants or plant productsmay upon request to the state entomologist have same inspectedfor plant pests. A fee sufficient to cover the cost of suchinspection or certificate, or both, may be charged. Uponcompletion of the inspection and payment of the fee, acertificate of inspection shall be issued provided the plants orplant products are free of harmful plant pests. The stateentomologist may enter into agreements with various persons orcompanies, to carry out the requirements of this state andimporting states or countries.
8. All moneys received for any inspection fee or otherreceipts under this law shall be deposited in the state treasuryand shall be subject to appropriation by the general assembly.
(RSMo 1939 § 14038, A.L. 1959 H.B. 462, A.L. 1961 p. 17, A.L. 1984 S.B. 516)Effective 1-1-85