416.450. Complaints, investigation by director--actions to restrain violations.
Complaints, investigation by director--actions to restrain violations.
416.450. In any case in which a complaint is made in writingto the director by a person claiming to be injured because milkproducts are being offered for sale or sold in violation of theprovisions of sections 416.410 to 416.560, or in which suchviolations are apparent to the director, the director shallforthwith cause an investigation to be made of the complaint, andif, in the judgment of the director, the investigation revealsthat there is probable cause for the complaint, the directorshall call upon the attorney general or the prosecuting attorneyof any county in which a violation of the provisions of sections416.410 to 416.560 occurs to institute an injunction suit in acourt of competent jurisdiction of the county in which thealleged violations took place to restrain the violations ofsections 416.410 to 416.560 as may be revealed by theinvestigation; and it is the duty of the attorney general orprosecuting attorney to institute and prosecute the injunctionsuits.
(L. 1959 H.B. 255 § 9, A.L. 1963 p. 643)(1963) Prior to amendment of this section in 1963, held that the filing of a written complaint by some person claiming to be injured with the director of the department of agriculture and the posting of a bond were conditions precedent to the maintenance of an injunction proceeding by the director for violation of section 416.425. State ex rel. Thomason v. Roth (Mo.), 372 S.W.2d 94.
(1968) Below cost sale of milk for four day period as a sales promotion does not entitle director to injunction. State ex rel. Davis v. Thrifty Foodliner, Inc. (Mo.), 432 S.W.2d 287.