413.075. Powers of director.

MISSOURI STATUTES AND CODES

Powers of director.

413.075. When necessary for the enforcement of sections 413.005 to413.229 or regulations promulgated under sections 413.005 to 413.229, thedirector may:

(1) Enter any commercial premises during normal business hours; exceptthat, in the event such premises are not open to the public, she/he shallfirst present his or her credentials and obtain consent before making entrythereto, unless a search warrant has previously been obtained;

(2) Seize, for use as evidence, without formal warrant, any incorrect orunapproved weight, measure, package, or commodity found to be used, retained,offered, or exposed for sale or sold in violation of the provisions ofsections 413.005 to 413.229 or regulations promulgated thereunder;

(3) Stop any commercial vehicle, present his or her credentials, inspectthe contents, and require the person in charge of that vehicle to produce anydocuments in his or her possession concerning the contents, and may requiresuch person to proceed with the vehicle to some specified place for a morethorough inspection;

(4) Verify advertised prices and point-of-sale systems, as deemednecessary to determine the accuracy of prices and computations and the correctuse of the equipment, and if such systems utilize scanning or coding means inlieu of manual entry, the accuracy of price printed or recalled from adatabase. In carrying out the provisions of this section, the director shallemploy recognized procedures, such as are designated in the most recentedition of National Institute of Standards and Technology Handbook 130,"Examination Procedures for Price Verification"; issue necessary rules andregulations regarding the accuracy of advertised prices and automated systemsfor retail price charging (referred to as "point-of-sale systems") for theenforcement of this section which shall have the force and effect of law; andconduct investigations to ensure compliance;

(5) Grant any exemptions from the provisions of sections 413.005 to413.229 or any regulations promulgated thereunder, when appropriate to themaintenance of good commercial practices;

(6) Issue stop sale, stop use, hold or removal orders with respect toany weights and measures commercially used, to any packaged or bulkcommodities kept, offered or exposed for sale contrary to the provisions ofthis act, and cease and desist orders with respect to any practices madeunlawful by this chapter, which order shall remain in effect until sections413.005 to 413.229 have been complied with. The owner or operator of thebusiness or operation to which the order was issued shall have the right totake such steps necessary to bring the device, commodity or practice intocompliance, and shall also have the right to appeal from such order to thecircuit court of the county in which the order was issued. Failure to complywith the provisions of the order shall be deemed an unlawful act.