To repeal sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.200, 266.205, 266.210, and 266.220, RSMo 1994, and section 266.195, RSMo Supp. 1995, relating to the commercial feed law, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.200, 266.205, 266.210, and 266.220, RSMo 1994, and section 266.195, RSMo Supp. 1995, are repealed and thirteen new sections enacted in lieu thereof, to be known as sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.195, 266.200, 266.205, 266.210, and 266.220, to read as follows:

266.152. Sections 266.152 to 266.220 shall be known as the "Missouri Commercial Feed Law [of 1972]".

266.160. When used in sections 266.152 to 266.220 the following terms mean:

(1) "Brand name", any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor [or registrant], manufacturer or guarantor and distinguishing it from that of others;

(2) "Commercial feed", all materials [except unmixed seed, whole or processed, when not adulterated within the meaning of section 266.180(a), (b), (c), and (d),] or combinations of materials which are distributed or intended for distribution for use as feed or for mixing in feed[, but the director by regulation may exempt from this definition, or from specific provisions of sections 266.152 to 266.220], unless such materials are specifically exempted by the director. Unmixed whole seeds and physically altered entire unmixed seeds, when such whole or physically altered seeds are not chemically changed or are not adulterated within the meaning of subsection 1 of section 266.180, are exempt from the definition of commercial feed. The director by rule may exempt from this definition or from specific provisions of sections 266.152 to 266.220, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed [or mixed] with other materials and are not adulterated within the meaning of subsection 1 of section 266.180[(a), (b), (c), and (d)];

(3) "Consultant- formulated feed", commercial feed manufactured for a final purchaser based upon formula and/or specifications developed for the feed purchaser by an independent consultant or feed manufacturer;

(4) "Contract feeder", a person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product;

[(4)] (5) "Customer-formula feed", commercial feed which consists of a mixture of commercial feeds [and] or feed ingredients or both, each batch of which is manufactured according to the specific instructions of the final purchaser;

(6) "Department", the Missouri department of agriculture;

(7) "Director", the director of the department of agriculture;

[(5)] (8) "Distribute", to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder;

[(6)] (9) "Distributor", any person who distributes;

[(7)] (10) "Drug", any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man, and articles other than feed intended to affect the structure or any function of the animal body;

[(8)] (11) "Feed ingredient", each of the constituent materials making up a commercial feed [or pet food];

(12) "Independent consultant", any person who provides animal nutritional formulation to a feed purchaser for a fee rather than the sale of feed;

[(9)] (13) "Label", a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;

[(10)] (14) "Labeling", all labels and other written, printed or graphic matter:

(a) Upon a commercial feed or any of its containers or wrapper[,]; or

(b) Accompanying such commercial feed;

[(11)] (15) "Manufacture", to grind, mix or blend, or further process a commercial feed for distribution;

(16) "Metric ton", a metric ton of one thousand kilograms or two thousand two hundred and four pounds avoirdupois;

[(12)] (17) "Mineral feed", a commercial feed intended to supply primarily mineral elements or inorganic nutrients;

[(13)] (18) "Official sample", a sample of [commercial] feed taken by the director or [his] the director's agent in accordance with the provisions of subsection 3, 5, [or] 6 or 9 of section 266.200;

[(14)] (19) "Percent" or "percentages", percentages by weights;

[(15)] (20) "Person" includes individual, partnership, corporation, and association;

[(16)] (21) "Pet", any domesticated animal normally maintained in or near the household of the owner thereof;

[(17)] (22) "Pet food", any commercial feed prepared and distributed for consumption by [pets] dogs and cats;

[(18)] (23) "Product name", the name of the commercial feed which identifies it as to kind, class, or specific use;

(24) "Quantity statement", the net weight (mass), net volume (liquid or dry), or count;

(25) "Rule", an administrative rule as defined by chapter 536, RSMo, or further elaboration of a particular statute;

(26) "Specialty pet", any domesticated animal pet normally maintained in a cage or tank, such as but not limited to gerbils, hamsters, birds, fish, and turtles;

(27) "Specialty pet food", any commercial feed prepared and distributed for consumption by specialty pets;

[(19)] (28) "Ton", a net weight of two thousand pounds avoirdupois.

266.165. [1. No person shall manufacture a commercial feed in this state, unless he has filed with the director on forms provided by the director, his name, place of business and location of each manufacturing facility in this state.

2. No person shall distribute in this state a commercial feed, except a customer-formula feed, unless it has been registered pursuant to the provisions of this section. The application for registration shall be submitted in the manner prescribed by the director and the director may require a copy of the label to be submitted with the application for registration. Upon approval by the director the registration shall be issued to the applicant. Registration shall be in effect from January first of the year registered and continue to be in effect for one year unless it is canceled by the registrant or unless it is canceled by the director pursuant to subsection three of this section.

3. The director may refuse to register any commercial feed not in compliance with the provisions of sections 266.152 to 266.220 and to cancel any registration subsequently found not to be in compliance with any provision of sections 266.152 to 266.220. No registration shall be refused or canceled unless the registrant has been given an opportunity to be heard before the director and to amend his application in order to comply with the requirements of sections 266.152 to 266.220.]

1. Any person who manufactures a commercial feed within the state, or who distributes a commercial feed in or into the state, or whose name appears on the label of a commercial feed as guarantor, or any person who acts as an independent consultant shall obtain a license for each facility authorizing such person to manufacture or distribute commercial feed or act as an independent consultant in the formulation of feeds before such person engages in such activity. Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under sections 266.152 to 266.220 is not required to obtain a license. Any person who acts as an independent consultant shall also obtain such a license. Any person required to obtain such a license shall submit an application on a form provided or approved by the director accompanied by a license fee of fifty dollars. The license year shall be July first through June thirtieth. Each license shall expire on the thirtieth day of June of the year for which it is issued; provided that any license shall be valid through July thirty-first of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder of such license has filed a renewal application with the state on or before June thirtieth of the year for which the current license was issued. Any new applicant who fails to obtain a license within fifteen working days of notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a twenty-five dollar late fee in addition to the license fee.

2. The license application shall be established by rules adopted by the director.

3. The director, under conditions specified by rule, may request copies of labels and labeling at any time from a license applicant or licensee in order to determine compliance with the provisions of sections 266.152 to 266.220.

4. The director may refuse to issue a license to any person not in compliance with the provisions of sections 266.152 to 266.220. The director may suspend or revoke any license issued to any person found not to be in compliance with any provision of sections 266.152 to 266.220. The director may place conditions that limit production or distribution of a particular commercial feed on the license of any person not found to be in compliance with sections 266.152 to 266.220. No license shall be conditionalized, suspended, refused or revoked unless the applicant or licensee shall first be given an opportunity to be heard before the director or a hearing officer designated by the director in order to comply with the requirements of sections 266.152 to 266.220.

266.170. [Any] A commercial feed [distributed in Missouri] shall be labeled as follows:

(1) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:

(a) The [net weight] product name, and the brand name if any, under which the commercial feed is distributed. Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by the Association of American Feed Control Officials unless the director designates otherwise;

(b) The [product name and the brand name, if any, under which the commercial feed is distributed] guaranteed analysis stated in such terms as the director by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling, and in all cases the substances or elements shall be determinable by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists;

(c) The [guaranteed analysis stated in such terms as the director by regulation determines is required to advise the user of the composition of the feed or to support claims made in the labeling, and in all cases the substances or elements must be determinable by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists] name of each ingredient used in the manufacture of the commercial feed shall be that established by rule or the common or usual name. The director by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or the director may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if the director finds that such statement is not required in the interest of consumers;

(d) The [common or usual name of each ingredient used in the manufacture of the commercial feed, but the director by regulation may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers] name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;

(e) [The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed] Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the director may require by rule as necessary for their safe and effective use;

(f) [Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the director may require by regulation as necessary for their safe and effective use] Such precautionary statements as the director by rule determines are necessary for the safe and effective use of the commercial feed;

(g) [Such warning or caution statements as the director by regulation determines are necessary for the safe and effective use of the commercial feed] The quantity statement.

(2) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:

(a) Name and address of the manufacturer;

(b) Name and address of the purchaser;

(c) Date of delivery;

(d) The product name and brand name, if any, and the net weight of each [registered] commercial feed used in the mixture, and the net weight of each other ingredient used;

(e) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the director may require by [regulation] rule as necessary for their safe and effective use;

(f) Such warning or caution statements as the director by [regulation] rule determines are necessary for the safe and effective use of the customer-formula feed.

266.175. A commercial feed shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another commercial feed;

(3) If it is not labeled as required in section 266.170, and the [regulations] rules promulgated thereunder;

(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by [regulation] rules by the director;

(5) If it is not appropriate for its intended or purported use;

(6) If any word, statement, or other information required by or under authority of sections 266.152 to 266.220 to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

266.180. A commercial feed shall be deemed to be adulterated:

(1) (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subdivision if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or

(b) If it bears or contains any added poisonous, added deleterious, or added non-nutritive substance which is unsafe within the meaning of [Section 406 of] the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive); or

(c) If it is, or it bears or contains any food additive which is unsafe within the meaning of [Section 409 of] the Federal Food, Drug, and Cosmetic Act; or

(d) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of [Section 408(a) of] the Federal Food, Drug, and Cosmetic Act; [but] provided, where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under [Section 408 of] the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been [subject] subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible [produce] product of the animal, which is unsafe within the meaning of [Section 408(a), of] the Federal Food, Drug, and Cosmetic Act;

(e) If it is, or it bears or contains any color additive which is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act;

(f) If it is, or it bears or contains any new animal drug which is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act;

(g) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed;

(h) If it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

(i) If it is, in whole or in part, the product of a diseased animal or of an animal which dies other than by slaughter which is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act;

(j) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(k) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to the Federal Food, Drug, and Cosmetic Act;

(2) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;

(3) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

(4) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the director to assure that the drug meets the requirement of sections 266.152 to 266.220 as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess[; and]. In promulgating such [regulations] rules, the director shall adopt the current good manufacturing practice regulations for [medicated feed premixes and for] type A medicated articles and type B and type C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless [he] the director determines that they are not appropriate to the conditions which exist in this state;

(5) If it contains viable weed seeds in amounts exceeding the limits which the director shall establish by rule [or regulation].

266.185. The following acts and the causing thereof within the state of Missouri are hereby prohibited:

(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded;

(2) The adulteration or misbranding of any commercial feed;

(3) The distribution of agricultural commodities such as whole seed, raw meat, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of subdivisions (1) and (5) of section 266.180[(a), (b), (c), and (d)];

(4) The removal or disposal of a commercial feed in violation of an order [under] pursuant to section [266.200] 266.205;

(5) The failure or refusal to [register in accordance with section 266.165] obtain a commercial feed license;

(6) The violation of subsection [266.210.6] 7 of section 266.210;

(7) Failure to pay inspection fees and file reports or submit product listings as required by section 266.190[.];

(8) The distribution of commercial feed to an unlicensed distributor on which inspection fees have not been paid.

266.190. 1. An inspection fee at the rate of ten cents per ton shall be paid on commercial feeds distributed in this state by the person [who distributes the commercial feed to the consumer] whose name appears on the label as the manufacturer, guarantor or distributor, except that a person other than the first manufacturer, guarantor or distributor may assume liability for the inspection fee, subject to the following:

(1) Assumption of liability for the payment of fees must be established by requesting to be put on deferment list with the director;

(2) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor;

[(2)] (3) No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein;

[(3)] (4) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds [which are registered, and]. If the fee has already been paid, credit shall be given for such payment;

[(4)] (5) In the case of [a commercial feed] pet food which is distributed in the state only in packages of ten pounds or less, [an annual fee of twenty-five] a listing of each product must be submitted annually on forms provided by the director and accompanied by payment of fifty dollars shall be paid in lieu of the inspection fee specified above[;]. Payment is required by January first of each year. Payments not received until after January thirty-first are subject to a late fee of fifty percent of the payment due. The inspection fee required by subsection 1 of section 266.190 shall apply to pet food distributed in packages exceeding ten pounds. The assessment of these penalty fees shall not prevent the director from taking other actions as provided in this chapter;

[(5)] (6) The minimum inspection fee shall be [three] five dollars per quarter[.];

(7) In the case of specialty pet food which is distributed in the state only in packages of one pound or less, a listing of each product shall be submitted annually on forms provided by the director and accompanied by payment of twenty-five dollars per product up to a maximum annual fee of one thousand dollars per manufacturer in lieu of an inspection fee. Payment is required by January first of each year. Payments not received until after January thirty- first are subject to a late fee of fifty percent of the payment due. The inspection fee required by subsection 1 of section 266.190 shall apply to specialty pet food distributed in packages exceeding one pound. The assessment of these penalty fees shall not prevent the director from taking other actions as provided in this chapter.

2. Each person [registered under subsection 1 of section 266.165] liable for the payment of such fee shall:

(1) File, not later than the last day of January, April, July and October of each year, a quarterly [statement] tonnage report, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter; and upon filing such statement shall pay the inspection fee at the rate stated in subsection 1 of this section. Inspection fees which are due and owing and have not been remitted to the [department] director within [thirty] fifteen days following the due date shall have a penalty fee of [eight] twenty percent of the amount due, or [one dollar] five dollars, whichever is greater, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the [department] director from taking other actions as provided in this chapter;

(2) Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial feed distributed in this state. [The quarterly statement shall be submitted whether or not inspection fees are due in which case the three dollars minimum is waived, and the director may examine such records to verify statements of tonnage.] The director shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply with the requirements of this subdivision shall constitute sufficient cause for the cancellation of the company's license.

3. [Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor.

4.] Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, [and] analysis, and other expenses necessary for the administration of sections 266.152 to 266.220 and shall be deposited in the state treasury and credited to the general revenue fund.

[5. The fee for registration of each feed required to be registered under subsection 266.165.2 shall be two dollars for the one year period beginning January first of the year in which the feed is registered.]

266.195. 1. The director is authorized to promulgate such rules [and regulations] for commercial feeds [and], pet foods and specialty pet foods as are specifically authorized in sections 266.152 to 266.220 and such other reasonable rules [and regulations] as may be necessary for the efficient enforcement of sections 266.152 to 266.220 [pursuant to the provisions of this section and chapter 536, RSMo]. In the interest of uniformity the director shall by [regulation] rule adopt, unless [he] the director determines that they are inconsistent with the provisions of sections 266.152 to 266.220 or are not appropriate to conditions which exist in this state, the following:

(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, and

(2) Any [regulation] rule promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act [(]at 21 U.S.C. Section 301 et seq.[) if], provided that the director has the authority [under] pursuant to sections 266.152 to 266.220 to promulgate such [regulations] rules.

2. Before the issuance, amendment, or repeal of any rule [or regulation] authorized by sections 266.152 to 266.220, the director shall publish the proposed [regulation] rule, amendment, or notice to repeal an existing [regulation] rule in a manner reasonably calculated to give interested parties, including all current [registrants] licensees, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed rules [or regulation] or to amend or repeal an existing rule [or regulation]. The provisions of this subsection notwithstanding, if the director, pursuant to the authority of sections 266.152 to 266.220, adopts official definitions of feed ingredients, or official feed terms as adopted by the Association of American Feed Control Officials, or [regulations] rules promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act, shall be adopted automatically under sections 266.152 to 266.220 without regard to the publication of the notice required by this subsection, unless the director, by order, specifically determines that the amendment or modification shall not be adopted. No rule or portion of a rule promulgated under the authority of sections 266.152 to 266.220 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

266.200. 1. For the purpose of enforcement of sections 266.152 to 266.220, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the director, upon presenting appropriate credentials and [the director's written order of intention to inspect, if requested,] giving notice to the owner, operator, or agent in charge, are authorized:

(1) To enter, during normal business hours, any factory, warehouse, or establishment within this state in which commercial feeds including customer- formula feeds are manufactured, processed, packed, or held for distribution, or to stop and enter any vehicle being used to transport or hold such feeds[.]; and

(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, [such] commercial feed, including customer-formula feeds and any associated factory, warehouse, establishment [or vehicle] and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with sections 266.152 to 266.220 and the good manufacturing practice regulations established [under section 266.180(d)] pursuant to paragraph (d) of subdivision (1) of subsection 1 of section 266.180.

2. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.

3. If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises [he] such officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

4. If the owner of any factory, warehouse, or establishment described in subsection 1 of this section, or [his] such owner's agent, refuses to admit the director or [his] the director's agent to inspect in accordance with subsections 1 and 2 of this section, the director is authorized to obtain from [the circuit court of Cole County or the circuit court of the county in which the facility is located,] any state court a warrant directing such owner or [his] such owner's agent to submit the premises described in such warrant to inspection.

5. For [the purpose of] the enforcement of sections 266.152 to 266.220, the director or [his] the director's duly designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.

6. Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists, or in accordance with other generally recognized methods.

7. The results of all analyses of official samples shall be forwarded by the director to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded[, only then will the results of analysis be forwarded by the director to the distributor and the purchaser.] and upon request and within thirty days following the receipt of the analysis, the director shall furnish to the distributor a portion of the sample concerned.

8. The director, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subdivision (16) of section 266.160 and obtained and analyzed as provided for in subsections 3, 5, 6, and 9 of this section.

9. To measure the quality of a customer-formula feed and noncommercial feed ingredients an analysis will be performed by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists. The results of this analysis will be sent to the end user and manufacturer to advise them of the nutritional content of the feed.

266.205. 1. When the director or [his] the director's authorized agent has reasonable cause to believe any lot [or] of commercial feed is being distributed in violation of any of the provisions of sections 266.152 to 266.220 or of any of the prescribed [regulations] rules under sections 266.152 to 266.220, [he] the director may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the director or the court. The director shall release the lot of commercial feed so withdrawn when said provisions and [regulations] rules have been complied with. If compliance is not obtained within thirty days, the director may begin, or upon request of the distributor or [registrant] licensee shall begin, proceedings for condemnation.

2. Any lot of commercial feed not in compliance with said provisions and [regulations] rules shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the commercial feed to be in violation of sections 266.152 to 266.220 and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state, but in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with sections 266.152 to 266.220.

266.210. 1. Any person who violates any of the provisions of sections 266.152 to 266.220 [is] or who shall impede, hinder or otherwise prevent, or attempt to prevent, the director or the director's duly authorized agent in performance of the director's duty in connection with the provisions of sections 266.152 to 266.220 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.

2. Nothing in sections 266.152 to 266.220 shall be construed as requiring the director or [his] the director's representative to:

(1) Report for prosecution[,]; or

(2) To institute seizure proceedings[,]; or [to]

(3) Issue a withdrawal from distribution order, as a result of minor violations of sections 266.152 to 266.220, or when [he] the director believes the public interest will best be served by suitable notice of warning in writing.

3. [It is the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the director reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the director.] The director may report any violation of the provisions of sections 266.152 to 266.220 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on request of the director, the attorney general shall so act; however, no prosecution under this law shall be instituted without the defendant first having been given an opportunity to appear before the director of agriculture or the director's duly authorized agent, to introduce evidence either in person or by agent or attorney at an informal hearing. If, after such hearing, or without such hearing in case the defendant or the defendant's agent or attorney fails or refuses to appear, the director of agriculture is of the opinion that the evidence warrants prosecution, the director shall proceed as herein provided.

4. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of sections 266.152 to 266.220 or any rule or regulation promulgated under sections 266.152 to 266.220 notwithstanding the existence of other remedies at law.

5. If the director determines after inquiry and opportunity for a hearing, that any person is in violation of any provision of sections 266.152 to 266.220, or any rule issued thereunder, the director shall have the authority to assess a civil penalty of not more than one thousand dollars for each violation and, in addition, may order that restitution be made to any person.

6. Any person adversely affected by an act, order, or ruling made pursuant to the provisions of sections 266.152 to 266.220 may appeal the same according to the procedures established by chapter 536, RSMo.

[6.] 7. Any person who [used] uses to [his] such person's own advantage, or reveals to other than the director or officers of the department of agriculture or to the courts when relevant in any judicial proceedings, any information acquired under the authority of sections 266.152 to 266.220, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor, but this prohibition shall not be deemed as prohibiting the director or his duly authorized agents from exchanging information of a regulatory nature with duly appointed officials of the United States, or of other states, who are similarly prohibited by law from revealing this information.

266.220. The director shall publish at least annually, in such forms as [he] the director may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as [he] the director may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed [in the registration and] on the label, but the information concerning production and use of commercial feeds shall not disclose the operations of any person. The report shall be provided free of charge to all distributors listed in the report and all feed dealers and others who request the report.

Section B. This act shall become effective January 1, 1997.