Effective 28 Aug 1995

416.490. License required for manufacturer, processor or distributor, exception, expires when, fee — revocation, procedure — rules. — 1. It is unlawful for any person to operate a milk or milk products manufacturing or processing plant or to act as a distributor within this state unless licensed under the provisions of sections 416.410 to 416.560; provided, however, that no such license shall be required for the distribution of cottage cheese.

2. Each license is issued on July first of each year and must be conspicuously posted in the place of business to which it applies. A license is issued upon satisfactory application to the director, accompanied by a license fee based upon the amount of sales during the previous calendar year ending on December thirty-first of milk products except cottage cheese, and the license fee is equivalent to not more than one-half cent per hundred weight of the sales of milk products.

3. The director shall set the amount of the license fee for manufacturing and processing plants at least yearly, upon hearing, not to exceed one-half cent per hundred weight, and may set a licensing fee for distributors not to exceed three dollars per year or in the amount only as is necessary to carry out the provisions of sections 416.410 to 416.560.

4. The director is hereby authorized and empowered to suspend or revoke the license of any person who acts as a distributor or who operates a milk or milk products manufacturing or processing plant which is subject to the provisions of sections 416.410 to 416.560 and whether located inside or outside the state of Missouri, or to refuse to issue a license to any applicant therefor if the director, after a public hearing, has found that the applicant has violated any of the provisions of sections 416.410 to 416.560, or the rules and regulations adopted hereunder. No rule or portion of a rule promulgated under the authority of sections 416.410 to 416.560 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024. Any applicant shall have full rights to counsel, to produce witnesses in his behalf at the hearing, and to have ten days' notice in writing of the date, time and place of the hearing, and the charges and grounds upon which his license is sought to be revoked or suspended, or to be refused a license. The order of suspension, revocation, or refusal to issue a license, shall not become final until ten days after the date thereof, and after the party to the proceeding has been notified in writing of the action of the director. Any party to the proceedings that is aggrieved by any final decision or order of the director may appeal the order in the manner provided for appeals in the administrative procedure law of Missouri.

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(L. 1959 H.B. 255 § 17, A.L. 1963 p. 643, A.L. 1982 H.B. 1100, A.L. 1995 S.B. 3)