266.545. Rules, procedure--director's powers.
Rules, procedure--director's powers.
266.545. 1. The duty of enforcing and administering sections 266.500 to266.550 shall be vested in the director. The director shall, in accordancewith this section and chapter 536, RSMo, promulgate such reasonable rules andregulations necessary to provide for the efficient enforcement of sections266.500 to 266.550; except that, no rule or regulation, nor revision orrescission thereof, shall be filed with the secretary of state until the samehas been approved by a majority of the advisory council members provided forin sections 266.500 to 266.550.
2. The director or his authorized agents are authorized and empoweredto:
(1) Collect samples, inspect, and make analyses of agricultural limingmaterials sold, offered, or exposed for sale within this state;
(2) Enter upon any public or private premises during the regularbusiness hours in order to have access to the agricultural liming materialssubject to sections 266.500 to 266.550, and the rules and regulationspromulgated thereunder, and to take samples and inspect such agriculturalliming materials;
(3) Inspect and audit the records pertaining to the sale of agriculturalliming materials of every producer or distributor who sells, offers for sale,or exposes for sale agricultural liming materials for consumption or use inthis state, to determine whether or not compliance with the provisions ofsections 266.500 to 266.550 are being met;
(4) Issue and enforce a written or printed "stop-sale, use, or removal"order to the owner or custodian of any agricultural liming material which isfound to be in violation of any of the provisions of sections 266.500 to266.550, which order shall prohibit further sale of such agricultural limingmaterials until the provisions within sections 266.500 to 266.550 have beencomplied with or the violation has been otherwise legally disposed of byauthority of the director;
(5) Maintain a laboratory with necessary equipment, and to employ suchemployees as may be necessary to aid in the administration of sections 266.500to 266.550;
(6) Publish each year the full and detailed report giving the names andaddresses of all producers and distributors registered under sections 266.500to 266.550, including the analytical results of all samples collected. Astatement of all fees, tonnage of agricultural lime, and expenditures madeunder sections 266.500 to 266.550 shall be a composite for the entire state ofMissouri;
(7) Revoke or suspend the permit or refuse to issue a permit to anyproducer or distributor who has willfully violated any of the provisions ofsections 266.500 to 266.550 or who failed or neglected to pay the feesprovided for in sections 266.500 to 266.550.
3. No rule or portion of a rule promulgated under the authority ofsections 266.500 to 266.550 shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.
(L. 1976 H.B. 1630 § 10, A.L. 1985 S.B. 65, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)*Transferred 1978; formerly 256.545