416.490. License required for manufacturer, processor or distributor, exception, expires when, fee--revocation, procedure--rules.
License required for manufacturer, processor or distributor,exception, expires when, fee--revocation, procedure--rules.
416.490. 1. It is unlawful for any person to operate a milk or milkproducts manufacturing or processing plant or to act as a distributorwithin this state unless licensed under the provisions of sections 416.410to 416.560; provided, however, that no such license shall be required forthe distribution of cottage cheese.
2. Each license is issued on July first of each year and must beconspicuously posted in the place of business to which it applies. Alicense is issued upon satisfactory application to the director,accompanied by a license fee based upon the amount of sales during theprevious calendar year ending on December thirty-first of milk productsexcept cottage cheese, and the license fee is equivalent to not more thanone-half cent per hundred weight of the sales of milk products.
3. The director shall set the amount of the license fee formanufacturing and processing plants at least yearly, upon hearing, not toexceed one-half cent per hundred weight, and may set a licensing fee fordistributors not to exceed three dollars per year or in the amount only asis necessary to carry out the provisions of sections 416.410 to 416.560.
4. The director is hereby authorized and empowered to suspend orrevoke the license of any person who acts as a distributor or who operatesa milk or milk products manufacturing or processing plant which is subjectto the provisions of sections 416.410 to 416.560 and whether located insideor outside the state of Missouri, or to refuse to issue a license to anyapplicant therefor if the director, after a public hearing, has found thatthe applicant has violated any of the provisions of sections 416.410 to416.560, or the rules and regulations adopted hereunder. No rule orportion of a rule promulgated under the authority of sections 416.410 to416.560 shall become effective unless it has been promulgated pursuant tothe provisions of section 536.024, RSMo. Any applicant shall have fullrights to counsel, to produce witnesses in his behalf at the hearing, andto have ten days' notice in writing of the date, time and place of thehearing, and the charges and grounds upon which his license is sought to berevoked or suspended, or to be refused a license. The order of suspension,revocation, or refusal to issue a license, shall not become final until tendays after the date thereof, and after the party to the proceeding has beennotified in writing of the action of the director. Any party to theproceedings that is aggrieved by any final decision or order of thedirector may appeal the order in the manner provided for appeals in theadministrative procedure law of Missouri.
(L. 1959 H.B. 255 § 17, A.L. 1963 p. 643, A.L. 1982 H.B. 1100, A.L. 1995 S.B. 3)