Bill Search

SB 68 – Genetically-modified seed. Creates the Missouri Seed Availability and Competition Act. Requires farmers who want to retain patented seed from a current harvest for planting the following season to register with the Department of Agriculture and pay a fee of seven dollars per bushel of saved seed. Provides that a farmer will only be liable for health, safety, or environmental impacts if he or she intentionally or negligently fails to significantly follow the patent holder’s or manufacturer’s instructions and guidelines for planting the seed. Creates the crime of misappropriation of patented seed, a class D felony. Provides that all other legal remedies are available to the owner of the misappropriated seed.

SB 69 – Trespassing on farms to enforce contracts for certain agricultural products. Prohibits entities from conducting private investigations on farms to evaluate the origins of agricultural commodities or to enforce trade agreements or contracts associated with genetically-modified products without notifying the landowner and local law enforcement in advance. Violations of this act are punishable as trespassing and violators may be fined no less than $10,000 per violation.

SB 73 (See also HB 157) – Animal neglect. Requires that the failure to provide adequate care or control be done negligently and removes the requirement that an animal be substantially harmed during the commission of the crime. The act also modifies the penalty that may be imposed for violating this act.

SB 206 – Large Carnivore Act. Creates the Large Carnivore Act which prohibits the owning, breeding, possession, transferring of ownership, or transporting of “large carnivores,” defined as certain non-native cats of the Felidae family or any species of non-native bear held in captivity. Requires persons possessing, breeding, or transporting a large carnivore on or after January 1, 2008, to apply for a permit from the Department of Agriculture. Creates a civil action against any person who owns or possesses a large carnivore and makes such a person liable in a civil action for the death or injury of a human, another animal, or for any property damage caused by the large carnivore. Requires an owner of a large carnivore that escapes or is released intentionally or unintentionally to immediately notify law enforcement, and makes such person liable for all expenses associated with the efforts to recapture the large carnivore. Requires a person to show proof of liability insurance in an amount of not less than $250,000, as a condition of being permitted to own a large carnivore. Individuals who intentionally release a large carnivore shall be guilty of a class D felony. Other violations of this act shall be a class A misdemeanor, subject to possible community service, loss of privilege to own or possess an animal and civil forfeiture of any large carnivore.

SB 315 – Relating to liability for damage or destruction to field crop products. Provides that any person who negligently damages or destroys any field crop product shall be liable only for compensatory damages. Directs the court to consider both the market value of the crop and the actual damages incurred when awarding damages.

SB 316 (See also HB 343) – Cleanup costs for anhydrous ammonia releases. (See Environmental/Energy Law)

SB 364 – Exempts farms and farming activities from suits of trespass and ordinance violations in certain circumstances. Provides that state laws and regulations shall preempt local laws regarding agricultural operations and provides that any farm or farming-related activity that is in compliance with applicable state and federal laws shall also therefore be in compliance with any local law or ordinance. Local laws regarding the licensing or operation of a farm or farming-related activity that are not identical to state law and regulations, as promulgated by the Department of Natural Resources, are rendered null and void by the act. This act does not limit the planning and zoning authority of first class counties.

SB 428 (See also HB 422, HB 478 and HB 747) – National Animal Identification System. Prohibits the Department of Agriculture from participating in the National Animal Identification System (NAIS) without specific statutory authorization.

HB 46 – Animal neglect and abuse. Changes the laws regarding the impoundment of an animal suspected of being neglected or abused. Prohibits a farm animal weighing more than 50 pounds from being impounded until the district state veterinarian of the Department of Agriculture has examined the animal and determined the animal to be in imminent danger of loss of life or has determined that the condition or conditions deemed to be in violation cannot reasonably be rectified before the disposition hearing. Requires the authority having custody of an abused or neglected farm animal to make a diligent effort to notify the owner in writing that the animal has been impounded.

HB 226 – Pit bull limitations. Allows the county commission of any third classification county by ordinance or order to prohibit or limit the possession of pit bull dogs within the county. Requires any ordinance or order that limits the possession of a pit bull dog to include the following provisions:

(1) Registration and photographic identification of the pit bull dog;
(2) Confinement, warning signs, and insurance coverage;
(3) Notification of the death, removal from the county, and birth of any offspring of a pit bull dog and any change of address of the pit bull dog owner within the county;
(4) Prohibition on the sale or transfer of a pit bull dog;
(5) Registration of all offspring of the pit bull dog; and
(6) Penalty provisions for a violation of the ordinance.

*HB 253 – Animal neglect. Specifies that a person is guilty of animal neglect when the person acts with negligence in failing to provide adequate care or control over an animal in which he or she has custody or ownership and, as a result, injury occurs to any person, another animal, or property or substantial harm is done to the animal.
Drafted by The Missouri Bar Animal Law Committee.

HB 370 – Game birds. Prohibits the state from banning, prohibiting, or otherwise restricting a farmer’s or landowner’s right to have certain captive-reared game birds and waterfowl on their property.

HB 549 – Dangerous or potentially dangerous dogs. Establishes a method of declaring a dog as dangerous or potentially dangerous. Specifies that if an animal control officer or law enforcement officer has determined by probable cause that a dog is dangerous, the officer will provide the owner of the dog an opportunity for a hearing to present evidence as to why the dog should not be declared dangerous prior to making a final determination. Prohibits the relocation or transfer of ownership of a potentially dangerous dog until the conclusion of the investigation. Any person who violates laws regarding a dangerous dog will be subject to a fine of up to $1,000, and any person who violates laws regarding a potentially dangerous dog will be subject to a fine of up to $500.