413.225. Fees--rates--due at time of registration, inspection or calibration, failure to pay fee, effect, penalty.

MISSOURI STATUTES AND CODES

413.225. Fees--rates--due at time of registration, inspection or calibration, failure to pay fee, effect, penalty.

Fees--rates--due at time of registration, inspection or calibration,failure to pay fee, effect, penalty.

413.225. 1. There is established a fee for registration, inspectionand calibration services performed by the division of weights and measures.The fees are due at the time the service is rendered and shall be paid tothe director by the person receiving the service. The director shallcollect fees according to the following schedule and shall deposit themwith the state treasurer into general revenue for the use of the state ofMissouri:

(1) From August 28, 1994, until the next January first, laboratoryfees for metrology calibrations shall be at the rate of twenty-five dollarsper hour for tolerance testing and thirty-five dollars per hour forprecision calibration. Time periods over one hour shall be computed to thenearest hour. On the first day of January, 1995, and each year thereafter,the director of agriculture shall ascertain the total receipts and expensesfor the metrology calibrations during the preceding year and shall fix afee schedule for the ensuing year at a rate per hour which shall not exceedsixty dollars per hour for either method but shall not be less thantwenty-five dollars per hour for tolerance testing and thirty-five dollarsper hour for precision calibration, as will yield revenue not more than thetotal cost of operating the metrology laboratory during the ensuing year;

(2) From August 28, 1994, until the next January first, all scaletest fees shall be charged as follows:

(a) Small scales shall be five dollars for each counter scale, tendollars for platform scales up to one thousand-pound capacity, and twentydollars for each platform scale over one thousand-pound capacity;

(b) Vehicle scales shall be fifty dollars each for the initial testand seventy-five dollars for each subsequent test within the same calendaryear;

(c) Livestock scales shall be seventy-five dollars each for theinitial test, and one hundred dollars for each subsequent test within thesame calendar year;

(d) Hopper scales with a capacity of one thousand pounds or lessshall be ten dollars each; for each hopper scale with a capacity of morethan one thousand pounds up to and including two thousand pounds, the feeshall be twenty dollars; for each hopper scale with a capacity of more thantwo thousand pounds up to and including ten thousand pounds, the fee shallbe fifty dollars; and for those hopper scales with a capacity of more thanten thousand pounds, the test fee shall be seventy-five dollars each;

(e) Railroad scales shall be fifty dollars each;

(f) Monorail scales shall be twenty-five dollars each for the initialtest and fifty dollars for each subsequent test in the same calendar year;

(g) Participation in on-site field evaluations of devices forNational Type Evaluation Program certification and all tests of in-motionscales including but not limited to vehicle, railroad and belt conveyorscales will be charged at the rate of thirty dollars per hour, plus mileagefrom the inspector's official domicile to and from the inspection site.The time shall begin when the state inspector performing the inspectionarrives at the site to be inspected and shall end when the final report issigned by the owner/operator and the inspector departs;

(3) From August 28, 1994, until the next January first, certificationof taximeters shall be five dollars per meter; timing devices, five dollarsper device; fabric-measuring devices, wire- and cordage-measuring devices,five dollars per device; milk for quantity determination, twenty-fivedollars per plant inspected;

(4) From August 28, 1994, until the next January first, certificationof vehicle tank meters shall be twenty-five dollars each for the initialtest and fifty dollars for each subsequent test in the same calendar year;

(5) Every person shall register each location of such person's placeof business where devices or instruments are used to ascertain the moisturecontent of grains and seeds offered for sale, processing or storage in thisstate with the director and shall pay a registration fee of ten dollars foreach location so registered and a fee of five dollars for each additionaldevice or instrument at such location. Thereafter, by January thirty-firstof each year, each person who is required to register pursuant to thissubdivision shall pay an annual fee of ten dollars for each location soregistered and an additional five dollars for each additional machine ateach location. The fee on newly purchased devices shall be paid withinthirty days after the date of purchase. Application for registration of aplace of business shall be made on forms provided by the director and shallrequire information concerning the make, model and serial number of thedevice and such other information as the director shall deem necessary.Provided, however, this subsection shall not apply to moisture-measuringdevices used exclusively for the purpose of obtaining information necessaryto manufacturing processes involving plant products. In addition to feesrequired by this subdivision, a fee of ten dollars shall be charged foreach device subject to retest.

2. On the first day of January, 1995, and each year thereafter, thedirector of agriculture shall ascertain the total receipts and expenses forthe testing of weighing and measuring devices referred to in subdivisions(2), (3), (4) and (5) of subsection 1 of this section and shall fix thefees or rate per hour for such weighing and measuring devices to deriverevenue not more than the total cost of the operation, but such fees shallnot be fixed in amounts less than the amounts contained in subdivisions(2), (3), (4) and (5) of subsection 1 of this section.

3. Except as indicated in paragraphs (b), (c), and (f) of subdivision(2) and subdivisions (4) and (5) of subsection 1, retests for any devicewithin the same calendar year will be charged at the same rate as theinitial test. Devices being retested in the same calendar year as a resultof rejection and repair are exempt from the requirements of thissubsection.

4. All device inspection fees shall be paid within thirty days of theissuance of the original invoice. Any fee not paid within ninety daysafter the date of the original invoice will be cause for the director todeem the device as incorrect and it may be condemned and taken out ofservice, and may be seized by the director until all fees are paid.

5. No fee provided for by this section shall be required of anyperson owning or operating a moisture-measuring device or instrument whouses such device or instrument solely in agricultural or horticulturaloperations on such person's own land, and not in performing services,whether with or without compensation, for another person.