EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 14
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
0767S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 281.260, RSMo, and to enact in lieu thereof one new section relating to
pesticides.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 281.260, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 281.260, 2
to read as follows:3
281.260. 1. Every pesticide which is distributed, 1
sold, offered for sale or held for sale within this state, 2
or which is delivered for transportation or transported in 3
intrastate commerce or between points within this state 4
through any point outside of this state, shall be registered 5
in the office of the director, and the registration shall be 6
renewed annually. 7
2. The registrant shall file with the director a 8
statement including: 9
(1) The name and address of the registrant and the 10
name and address of the person whose name wi ll appear on the 11
label, if other than the registrant; 12
(2) The name of the pesticide; 13
(3) Classification of the pesticide; and 14
(4) A complete copy of the labeling accompanying the 15
pesticide and a statement of all claims to be made for it , 16
including directions for use. 17 SB 14 2
3. The registrant shall pay an annual fee of two 18
hundred dollars for each product registered in any calendar 19
year or part thereof. The fee shall be deposited in the 20
state treasury to the credit of the agriculture protection 21
fund created in section 261.200 to be used solely to 22
administer the pest and pesticide programs of the department 23
of agriculture. The director may deposit up to seven 24
percent of the fee in the pesticide education fund under 25
section 281.265. If the funding exceeds the reasonable 26
costs to administer the programs as set forth herein, the 27
department of agriculture shall reduce fees for all 28
registrants if the fees derived exceed the reasonable cost 29
of administering the pest and pesticide pr ograms of the 30
department of agriculture. All such registrations shall 31
expire on December thirty -first of any one year, unless 32
sooner cancelled. A registration for a special local need 33
pursuant to subsection 6 of this section, which is 34
disapproved by the federal government, shall expire on the 35
effective date of the disapproval. 36
4. Any registration approved by the director and in 37
effect on the thirty -first day of December for which a 38
renewal application has been made and the proper fee paid 39
shall continue in full force and effect until such time as 40
the director notifies the applicant that the registration 41
has been renewed, or otherwise denied, in accord with the 42
provisions of subsection 9 of this section. Forms for 43
reregistration shall be mailed to registrants at least 44
ninety days prior to the expiration date. 45
5. If the renewal of a pesticide registration is not 46
filed prior to January first of any one year, an additional 47
fee of fifty dollars shall be assessed and added to the 48
original fee and shall be paid by the applicant before the 49 SB 14 3
registration renewal for that pesticide shall be issued; 50
provided, that, such additional fee shall not apply if the 51
applicant furnishes an affidavit certifying that he or she 52
did not distribute suc h unregistered pesticide during the 53
period of nonregistration. The payment of such additional 54
fee is not a bar to any prosecution for doing business 55
without proper registry. The fee shall be credited to the 56
agriculture protection fund created under s ection 261.200 to 57
be used solely to administer the pest and pesticide programs 58
of the department of agriculture. If the funding exceeds 59
the reasonable cost to administer the programs as set forth 60
herein, the department of agriculture shall reduce fees for 61
all registrants if the fees derived exceed the reasonable 62
cost of administering the pest and pesticide programs of the 63
department of agriculture. 64
6. Provided the state complies with requirements of 65
the federal government to register pesticid es to meet 66
special local needs, the director shall require that 67
registrants comply with sections 281.210 to 281.310 and 68
pertinent federal laws and regulations. Where two or more 69
pesticides meet the requirements of this subsection, one 70
shall not be registered in preference to the other. 71
7. The director may require the submission of the 72
complete formula of any pesticide to approve or deny product 73
registration. If it appears to the director that the 74
composition and efficacy of the pesticide is such as to 75
warrant the proposed claims for it and if the pesticide and 76
its labeling and other material required to be submitted 77
comply with the requirements of sections 281.210 to 281.310, 78
he or she shall register the pesticide. 79
8. Provided the state is authorized to issue 80
experimental use permits, the director may: 81 SB 14 4
(1) Issue an experimental use permit to any person 82
applying for an experimental use permit if he or she 83
determines that the applicant needs such permit in order to 84
accumulate information necessary to register a pesticide 85
under sections 281.210 to 281.310. An application for an 86
experimental use permit may be filed at the time of or 87
before or after an application for registration is filed; 88
(2) Prescribe terms, conditio ns, and period of time 89
for the experimental permit which shall be under the 90
supervision of the director; 91
(3) Revoke any experimental permit, at any time, if he 92
or she finds that its terms or conditions are being 93
violated, or that its terms and co nditions are inadequate to 94
avoid unreasonable adverse effects on the environment. 95
9. If it does not appear to the director that the 96
pesticide is such as to warrant the proposed claims for it 97
or if the pesticide and its labeling and other material 98
required to be submitted do not comply with the provisions 99
of sections 281.210 to 281.310 or with federal laws, he or 100
she shall notify the registrant of the manner in which the 101
pesticide, labeling, or other material required to be 102
submitted fail to co mply with sections 281.210 to 281.310 or 103
with federal laws so as to afford the registrant an 104
opportunity to make the necessary corrections. If, upon 105
receipt of such notice, the registrant insists that such 106
corrections are not necessary and requests in writing that 107
the pesticide be registered or, in the case of a pesticide 108
that is already registered, that it not be cancelled, the 109
director, within ninety days, shall hold a public hearing to 110
determine if the pesticide in question should be registered 111
or cancelled. If, after such hearing, it is determined that 112
the pesticide should not be registered or that its 113 SB 14 5
registration should be cancelled, the director may refuse 114
registration or cancel an existing registration until the 115
required label changes are accomplished. If the pesticide 116
is shown to be in compliance with sections 281.210 to 117
281.310 and federal laws, the pesticide will be registered. 118
Any appeals resulting from administrative decisions by the 119
director will be taken in accordance with sections 536.100 120
to 536.140. 121
10. Any pesticide registered by the United States 122
Environmental Protection Agency under the Federal 123
Insecticide Fungicide and Rodenticide Act (FIFRA), a 124
pesticide label approved by the United States Environmental 125
Protection Agency, or consistent with the United States 126
Environmental Protection Agency carcinogenicity 127
classification of the pesticide under FIFRA, shall be 128
sufficient to satisfy any requirement for a warning label 129
regarding cancer under any other provis ion of current law. 130
11. Notwithstanding any other provision of sections 131
281.210 to 281.310, registration is not required in the case 132
of a pesticide shipped from one plant or warehouse within 133
this state to another plant or warehouse within this sta te 134
when such plants are operated by the same persons. 135
[11.] 12. The director shall not make any lack of 136
essentiality a criterion for denying registration of a 137
pesticide except where none of the labeled uses are present 138
in the state. Where two or more pesticides meet the 139
requirements of sections 281.210 to 281.310, one shall not 140
be registered in preference to the other. 141
[12.] 13. Notwithstanding any other provision of law 142
to the contrary, the director may allow a reasonable period 143
of time for the retailer to dispose of existing stocks of 144
pesticides after the manufacturer or distributor has ceased 145 SB 14 6
to register the product with the state. The method of 146
disposal shall be determined by the director. 147