Effective 30 Mar 2017, see footnote

281.120. Herbicides, use on crops not labeled for — definitions — civil penalties, when — complaint investigation — rulemaking authority. — 1. As used in this section, the following terms shall mean:

(1) "Department", the department of agriculture;

(2) "Field", agricultural land, including any vegetation thereon, which is operated as part of a farm and which is separated from the rest of the farm by permanent boundaries including, but not limited to, fences, permanent waterways, woodlands, croplines not subject to change due to farming practices, and other similar features;

(3) "Herbicide", any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed;

(4) "Labeled", the same as "label and labeling" is defined under section 281.220.

2. If the department determines, after inquiry and opportunity for a hearing, that any person has knowingly used, as the term "use" is defined in section 281.020, a herbicide for a crop for which the herbicide was not labeled for use, which resulted in the herbicide drifting or coming into contact with another person's field, onto another person's personal property, onto another person's real property, or onto another person, which resulted in damage, the department shall have the authority to assess a civil penalty of not more than ten thousand dollars for each violation. If a person has violated the provisions of this subsection in two consecutive years or in two of the last three years, he or she shall be considered a chronic violator, and the department shall have the authority to assess a civil penalty of not more than twenty-five thousand dollars for each violation.

3. During an active complaint investigation, the department may subpoena witnesses and compel the production of records, including but not limited to books, documents, and certification records of any person relating to the person's application of any herbicide to any field. If a person refuses to submit such information, the department may assess a civil penalty of up to five thousand dollars.

4. Any person who is penalized under the provisions of this section shall be liable for any reasonable costs associated with the department's investigation and shall remit such costs to the department, not to exceed the department's actual investigative expenses.

5. Any penalty collected under this section shall be remitted to the school district in which the violation occurred. If a person penalized under this section fails to pay the penalty or comply with a lawful subpoena issued under subsection 3 of this section, the department may apply to the circuit court of Cole County for, and the court is authorized to enter, an order enforcing the assessed penalty.

6. The department, after inquiry and opportunity for a hearing, may deny, suspend, revoke, or modify the provisions of any license, permit, or certification issued under sections 281.010 to 281.115 if it finds that the applicant or holder of such license, permit, or certification has violated any provision of this section or any regulation issued hereunder.

7. The department may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.

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(L. 2017 H.B. 662)

Effective 3-30-17