SB 133
Modifies provisions relating to agriculture
Sponsor:
LR Number:
0529S.04T
Last Action:
6/24/2019 - Signed by Governor
Journal Page:
Title:
CCS HCS SB 133
Calendar Position:
Effective Date:
Emergency clause
House Handler:

Current Bill Summary

CCS/HCS/SB 133 - This act modifies provisions relating to agriculture.

ZONING CLASSIFICATIONS (Sections 64.002, 65.702, & 89.020):

This act requires that, for purposes of property zoning classifications, any sawmill or planing mill shall be classified as agricultural or horticultural property.

These provisions are identical to HB 685 (2019) and HB 2102 (2018).

INDUSTRIAL HEMP (Sections 195.740-195.770):

The act also modifies provisions relating to industrial hemp.

The act repeals the definitions for "grain", "grower" and "handler", modifies existing definitions, and creates several new definitions relating to industrial hemp.

The act repeals the Industrial Hemp Agricultural Pilot Program.

Any person who sells, distributes, or offers for sale any agricultural hemp propagule or agricultural hemp seed in the state shall obtain an agricultural hemp propagule and seed permit from the Department of Agriculture. A permit holder is exempt from requirements set forth in law relating to seed and fertilizer if he or she only sells, distributes, or offers for sale agricultural hemp propagules or agricultural hemp seed.

Under the act, the registration to grow industrial hemp may be transferred to a person, rather than a spouse or child, who meets the requirements of a registrant. Each individual parcel of ground or indoor cultivation facility with a separate legal description shall be required to obtain a separate registration unless the parcels are contiguous and owned by the same person of record.

Currently, a civil penalty of not less than $2,500 may be charged for violating provisions of law relating to industrial hemp. This act changes the minimum civil penalty to not less than $500 for such violations.

The act repeals provisions requiring any person growing industrial hemp to obtain a valid registration within 30 days.

If a crop contains an average THC concentration exceeding 0.3%, or the maximum concentration allowed under federal law, the Department of Agriculture may retest the crop. If the second test indicates that a crop contains an average THC concentration exceeding 0.3%, or the maximum concentration allowed under federal law, the Department may order a producer to destroy the crop.

The Missouri State Highway Patrol may, at their own expense, perform aerial surveillance to ensure illegal industrial hemp plants are not being cultivated on or near legal, registered industrial hemp plantings.

Unless required by federal law, the Department shall not regulate the sale or transfer of nonviable hemp to members of the general public, both within and outside of the state.

An institution of higher education based in Missouri and research centers directed or operated by such institutions may engage in the research and study of industrial hemp as authorized under the federal Agricultural Act of 2014 or any successor law without being required to obtain a registration.

Currently, the Department of Agriculture shall not issue a permit to a single registrant or permittee for a plot of land that is less than 10 acres or more than 40 acres, or over 2,000 acres statewide among all registrants or permittees. Additionally, the Department of Agriculture shall not issue a permit to an institute of higher education for a plot of land over 20 acres statewide. This act repeals all the acreage limitations from the Industrial Hemp Program.

Provisions of law relating to growers retaining seed from each industrial hemp crop are repealed.

Finally, provisions allowing the Missouri Crop Improvement Association, in collaboration with the Department, to establish and administer a certification program for agricultural hemp seed in the state are repealed.

This act contains an emergency clause for a certain section.

These provisions are identical to HCS/HB 824 (2019) and SCS/SB 492 (2019) and substantially similar to provisions in HCS/SCS/SB 6 (2019).

CIVIL PENALTIES FOR EGG LAW VIOLATIONS (Section 196.352):

This act allows the Director of the Department of Agriculture to assess a civil penalty for violating certain provisions of law relating to eggs of not more than $500, and not more than $500 per day that such violation continues. Any person aggrieved by any action taken by the Director may appeal such action.

This provision is identical to HB 270 (2019) and substantially similar to SCS/SB 1073 (2018) and HB 2676 (2018).

FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE (Sections 261.040-266.190 & Sections 281.035-281.265):

This act modifies provisions relating to fees charged by the Department of Agriculture.

The act requires the Department of Agriculture to convene a work group every 5 years to review all fees charged by the Department. After each such review, the Department shall prepare and submit a report to the General Assembly on any recommended changes to the fees that would ensure adequate funding for the Department.

Fees for the following programs within the Plant Industries Division of the Department of Agriculture are modified under the act:

• Apiary inspection fees to move bees or bee equipment into the state;

• Seed permits;

• Inspection rates per ton of commercial feed;

• Certified commercial pesticide applicators;

• Certified noncommercial pesticide applicators;

• Pesticide technicians;

• Pesticide dealers; and

• Fees for registered pesticides

Additionally, for the annual fee on pet food distributed in packages of 10 pounds or less, the Department may promulgate rules to allow for the review of records of persons claiming gross annual sales not exceeding $5,000 in order to ensure that they qualify for a reduced annual fee.

Finally, the act creates the "Pesticide Education Fund", which shall be used to provide funding for pesticide applicator certification programs, pesticide education programs, and pesticide waste and container disposal programs.

These provisions are identical to SCS/HB 588 (2019) and similar to SB 472 (2019).

TREATED TIMBER LAW (Sections 280.005-280.090):

This act repeals the Missouri Treated Timber Law.

These provisions are identical to SB 471 (2019) and HB 587 (2019).

JAMIE ANDREWS