265.525. Citation of law--definitions--council created, members, terms, meetings, powers and duties--department authority--fees, rulemaking authority--violations, penalty.
Citation of law--definitions--council created, members, terms,meetings, powers and duties--department authority--fees,rulemaking authority--violations, penalty.
265.525. 1. This section shall be known as the "Missouri RiceCertification Act".
2. As used in this section, the following terms shall mean:
(1) "Characteristics of commercial impact", characteristicsdetermined by the rice advisory council under subsection 7 of this sectionthat may adversely affect the marketability of rice in the event ofcommingling with other rice and may include, but are not limited to, thosecharacteristics that cannot be visually identified without the aid ofspecialized equipment or testing, those characteristics that create asignificant economic impact in their removal from commingled rice, andthose characteristics whose removal from commingled rice is infeasible;
(2) "Council", the rice advisory council established in this section;
(3) "Department", the department of agriculture;
(4) "Director", the director of the department of agriculture;
(5) "End user", any company or corporation that uses rice as a majoringredient in industrial food processing;
(6) "Handler", any person engaged in this state in the business ofmarketing rice, including persons engaged in the drying, milling, orstoring of rice;
(7) "Person", any individual, partnership, limited liability company,limited liability partnership, corporation, firm, company, or any otherentity doing business in Missouri;
(8) "Producer", any person who produces, or causes to be produced,rice;
(9) "Rice", all rough or paddy rice or brown rice (Oryza species)produced in or shipped in Missouri, including rice produced for seed. Itdoes not include wild rice (Zinzania aquatic or Zinzania palustris).
3. Except as provided by rules promulgated by the department, itshall be unlawful for any person to introduce, sell, plant, produce,harvest, transport, store, process, or otherwise handle rice identified ashaving characteristics of commercial impact.
4. There is hereby created within the department of agriculture the"Rice Advisory Council". The council shall be made up of the following tenmembers:
(1) The director, or his or her designee;
(2) Three members appointed by the director to include:
(a) An individual representing handlers in Missouri;
(b) An individual representing end users;
(c) An individual representing the biotechnology industry who isfamiliar with rice genetics;
(3) Six members appointed by the director as recommended by theMissouri Rice Research and Merchandising Council to include:
(a) Two producers, neither of whom shall be employed by or serve onthe board of any rice mill or rice merchandiser;
(b) Two scientists employed by institutes of higher education inMissouri;
(c) A representative of rice mills operating in Missouri; and
(d) A representative of rice seed dealers.
5. Members of the council shall serve terms of three years in lengthexcept that the director shall be a permanent member of the council and thedirector shall stagger the terms of the initial appointments so that threemembers serve terms of two years, three members serve terms of three years,and three members serve terms of four years. There is no limit to thenumber of terms a member may serve. Vacancies shall be filled in the samemanner of representation as the original appointments.
6. The rice advisory council shall meet no less than twice annuallyas determined by the chairperson of the council, who shall be elected bythe council at its first meeting and once every calendar year thereafter.Members of the council shall serve without compensation but shall bereimbursed for their actual and necessary expenses incurred in theperformance of their duties.
7. The powers and duties of the rice advisory council shall include,but not be limited to, all of the following:
(1) Identifying rice varieties that have characteristics ofcommercial impact;
(2) Reviewing the efficacy of terms and conditions of identitypreservation programs imposed on the planting, producing, harvesting,transporting, drying, storing, testing, or otherwise handling of riceidentified using the most current industry standards and generally acceptedscientific principles;
(3) Reviewing each rice variety identified as having characteristicsof commercial impact not less often than every two years, or upon receiptof a petition from the purveyor of the rice;
(4) Making recommendations to the director on all matters pertainingto this section, including, but not limited to, enforcement of thissection.
8. The department shall have the power to:
(1) Maintain the integrity and prevent the contamination of ricewhich has not been identified as having characteristics of commercialimpact;
(2) Prevent the introduction of disease, weeds, or other pests thatwould adversely affect rice which has not been identified as havingcharacteristics of commercial impact;
(3) Require that persons selling, offering for sale, or otherwisedistributing seed for the production of rice identified as havingcharacteristics of commercial impact, or that persons bringing riceidentified as having characteristics of commercial impact into the statefor processing, notify the department of the location of planting sites andthe dates and procedures for planting, producing, harvesting, transporting,drying, storing, testing, or otherwise handling of rice identified ashaving characteristics of commercial impact;
(4) Require that persons receiving rice having been identified ashaving characteristics of commercial impact produced outside the state forprocessing notify the department of the location of the receipt and theprocedures for processing, transporting, drying, storing, testing, orotherwise handling the rice to prevent commercial impact to other rice andthe spread of weeds, disease, or other pests;
(5) Enforce restrictions and prohibitions imposed by the departmenton the selling, planting, producing, harvesting, transporting, drying,storing, testing, processing, or otherwise handling of rice identified ashaving characteristics of commercial impact; and
(6) Investigate alleged violations of this section, issue notices ofviolation, provide for an appeals process for persons aggrieved by theprovisions of this section, and impose penalties for violation of thissection.
9. The department may establish and collect reasonable fees for anysampling and testing of rice that the department determines is necessary toimplement the provisions of this section. Any such fees shall be reviewedby the rice advisory council.
10. The department shall promulgate rules to implement the provisionsof this section. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2007, shall beinvalid and void.
11. The department shall regularly report to the rice advisorycouncil any findings of rice varieties that could potentially havecharacteristics of commercial impact.
12. If the rice advisory council determines that any rice varietywith characteristics of commercial impact is documented as causingunreasonable adverse effects on the environment or public health, thecouncil may issue recommendations to the department. Within sixty days ofreceiving any such recommendations from the council, the department shallhold a public hearing for the purpose of determining the nature and extentof commercial impact. Within thirty days of holding any such publichearing, the department shall issue a detailed opinion in response to thecouncil recommendations.
13. The penalty for violating a provision of this section shall be noless than ten thousand dollars nor more than one hundred thousand dollarsper day per violation.
14. If the department determines a person has violated any provisionof this section, the department shall provide written notice to such personinforming the person of the violation. The notice shall inform the personof the right to request an appeal. Nothing in this section shall prevent aperson from seeking judicial relief in a court of competent jurisdiction.
15. The provisions of this section shall become effective one hundredeighty days from August 28, 2007.
16. The provisions of this section shall not be subject to theprovisions of sections 610.010 to 610.200, RSMo.
(L. 2007 H.B. 741)Effective 2-24-08