196.939. Rules and regulations--inspection by political subdivisions prohibited, exceptions--hearings, notice--rules, procedure. - Missouri Statutes

Rules and regulations--inspection by political subdivisionsprohibited, exceptions--hearings, notice--rules, procedure.

196.939. 1. The state milk board shall promulgate, adopt, and filewith the secretary of state as prescribed by law such regulations as deemednecessary for the purpose of sections 196.931 to 196.953. Such regulationsshall be enforced by the state milk board through either contractualagreements with political subdivisions of the state or employees of thestate milk board. The adoption of regulations for the purpose ofestablishing a milk inspection program other than one under contractualagreement with the state milk board by any political subdivision isprohibited. Milk inspection by any political subdivision of the stateexcept under contractual arrangements with the board is prohibited;provided the duly authorized official of any political subdivision of thisstate may take samples of such products which have been moved into,distributed within, or sold within the boundaries of such politicalsubdivisions of this state for the sole purpose of determining that suchmilk and milk products comply with the standards developed by the statemilk board. Nothing in sections 196.931 to 196.959 shall be construed asprohibiting any epidemiological investigations by the proper authorities ofany political subdivision. A public hearing shall be held prior to theadoption of any regulation or modification thereof, upon notice publishedat least thirty days prior to the public hearings. At the public hearing,any person shall be permitted to appear and to be heard on the proposedregulations or modifications thereof. The standards of a regulation mayexceed but shall not be less than those contained in the current edition ofthe Grade A Pasteurized Milk Ordinance of the United States Public HealthService as it exists or as it may be amended. The board may employ anexecutive secretary and adequate staff for administering sections 196.931to 196.959, the cost of which shall be paid from the milk inspection feefund.

2. No rule or portion of a rule promulgated under the authority ofsections 196.931 to 196.959 shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.

(L. 1972 H.B. 1280 § 6, A.L. 1993 S.B. 52, A.L. 1994 S.B. 546, A.L. 1995 S.B. 3)