278.135. Districts engaging in soil conservation products business, approval of state soil and water commission required--complaint procedures--rulemaking authority.

MISSOURI STATUTES AND CODES

278.135. Districts engaging in soil conservation products business, approval of state soil and water commission required--complaint procedures--rulemaking authority.

Districts engaging in soil conservation products business, approval ofstate soil and water commission required--complaintprocedures--rulemaking authority.

278.135. 1. Any soil and water conservation district engaged in themarketing or buying and selling of farm products used directly orindirectly in soil conservation shall be required to obtain approval fromthe state soil and water districts commission to continue such activity ifthe commission receives written complaints from three or more businessentities. Upon request from any person, all soil and water conservationdistricts shall provide information on the complaint procedure provided forin this section, including information on how to contact the state soil andwater districts commission.

2. The commission shall notify the district upon receiving complaintsfrom three or more business entities pursuant to subsection 1 of thissection, and request that the district provide information to thecommission on the marketing, buying, and selling activity within sixtydays. The commission shall consider information provided by the districtand any written comments from concerned citizens and businesses in makingits determination. The commission shall grant approval only upon findingthat the products being marketed, bought, and sold are:

(1) Reasonably related to soil and water conservation; and

(2) Not readily available in the area.

If the commission grants approval to a district, no complaints about themarketing, buying, or selling activities of such district shall be acceptedby the commission from any business entity for a period of one year afterthe date of approval, and no such complaints shall be accepted by thecommission from the same business entities that initiated the approvalprocedure pursuant to this section for a period of three years after thedate of approval.

3. The commission shall enact rules to allow districts with a pendingapproval request, or districts that have had their approval denied, to sellany existing inventory of products within a reasonable time. Thissubsection shall not be interpreted to allow any district with a pendingapproval request to restock or replenish its inventory until such districthas received approval from the commission.

4. The commission is authorized to adopt those rules that arereasonable and necessary to accomplish the limited duties specificallydelegated within this section. Any rule or portion of a rule, as that termis defined in section 536.010, RSMo, that is promulgated under theauthority delegated in this section shall become effective only if it hasbeen promulgated pursuant to the provisions of chapter 536, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after June 27, 2000, shall be invalid andvoid.