266.210. Penalties, appeals, how taken.

MISSOURI STATUTES AND CODES

266.210. Penalties, appeals, how taken.

Penalties, appeals, how taken.

266.210. 1. Any person who knowingly or recklessly violates any ofthe provisions of sections 266.152 to 266.220 is 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 asrequiring the director or the director's representative to:

(1) Report for prosecution; or

(2) To institute seizure proceedings; or

(3) Issue a withdrawal from distribution order, as a result of minorviolations of sections 266.152 to 266.220, or when the director believesthe public interest will best be served by suitable notice of warning inwriting.

3. The director may report any violation of the provisions ofsections 266.152 to 266.220 to the prosecuting attorney of the county wherethe violation occurs. The prosecuting attorney may institute appropriateproceedings in a court of competent jurisdiction. If any prosecutingattorney refuses or fails to act on the request of the director, theattorney general shall so act; however no prosecution under this law shallbe instituted without the defendant first having been given an opportunityto appear before the director of agriculture or the director's dulyauthorized agent, to introduce evidence either in person or by agent orattorney at an informal hearing. If, after such hearing, or without suchhearing in case the defendant or the defendant's agent or attorney fails orrefuses to appear, the director of agriculture is of the opinion that theevidence warrants prosecution, the director shall proceed as hereinprovided.

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

5. Any person adversely affected by an act, order, or ruling madepursuant to the provisions of sections 266.152 to 266.220 may appeal thesame according to the procedures established by chapter 536, RSMo.

6. Any person who uses to such person's own advantage, or reveals toother than the director or officers of the department of agriculture or tothe courts when relevant in any judicial proceedings, any informationacquired under the authority of sections 266.152 to 266.220, concerning anymethod, records, formulations, or processes which as a trade secret isentitled to protection, is guilty of a misdemeanor, but this prohibitionshall not be deemed as prohibiting the director or his duly authorizedagents from exchanging information of a regulatory nature with dulyappointed officials of the United States, or of other states, who aresimilarly prohibited by law from revealing this information.