263.140. Restrictive and control measures — adoption and enforcement.

589 words·~3 min read·/mo/chapter-263/263-140

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263.140. Restrictive and control measures — adoption and enforcement. — 1. Whenever the state entomologist shall find that there exists in this state or any part thereof a dangerous plant pest new to the state, which, for the protection of plants and plant products within the state, should be prevented from spreading and be controlled or eradicated, the state entomologist shall adopt and carry out such restrictive and control measures as may be deemed necessary and advisable and may cooperate with other state agencies and with the United States Department of Agriculture.

2. The state entomologist may promulgate rules establishing quarantines and quarantine restrictions covering areas in the state affected by plant pests, and other areas within the state adjacent thereto which are likely to be affected with such pests.

3. Under such quarantines the state entomologist or authorized personnel may prohibit and prevent the movement, shipment or transportation without inspection of any plants or plant products or any other material or article of any character capable of carrying such pests in any living state of its development, originating in or which have been stored in such quarantined areas or in any area outside of the state infested with such pest, except under such conditions as the state entomologist may prescribe as to inspection, treatment and certification.

In carrying out the provisions of this section the state entomologist or authorized personnel may intercept, stop and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, or other vehicles or carriers whether air, land or water, and may open and inspect any container believed or known to be carrying such pest in any living stage of its development. Any plants or plant products or other materials or articles moved, shipped, or transported in violation of such quarantine may be seized and treated, destroyed or otherwise disposed of in accordance with the instructions of the state entomologist.

4. Under such quarantines the state entomologist may prohibit the use of any farm practice or operation within the quarantined area which favors the development of such pest and may specify and require in such area the use of specific operations and procedures in disposing of weeds and crop residues, in the treating and handling of seeds, growing crops, or harvested products, machinery and any other property, or in planting and harvesting crops, as may be necessary to effectively destroy or prevent the development of such pest, and it shall be the duty of the owner or person in charge of lands and crops and other things connected therewith within such quarantined area, upon due notice, to refrain from such prohibited practices and operations and to take such action as is required within the time limit specified and in the manner designated by the state entomologist.

5. In case the owner or the person in charge of such lands, crops or other materials within the quarantined area shall neglect or refuse to carry out the instructions of the state entomologist contained in such notice within the time limit specified, the state entomologist or authorized personnel may take the action so required, and the state entomologist shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred in the same manner as liens are had and enforced upon buildings and lots, wharves and piers for labor and materials furnished by virtue of contract with the owner.

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(RSMo 1939 § 14046, A.L. 1984 S.B. 516)

Prior revision: 1929 § 12379

Effective 1-01-85