Bill Text: MO HB1833 | 2010 | Regular Session | Comm Sub
Bill Title: Authorizes a sales tax exemption for certain farm products, establishes the Farm to Institution Initiative and the Missouri Animal Care Advisory Committee, and revises the Animal Care Facilities Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-20 - Rules - Reported Do Pass (H) [HB1833 Detail]
Download: Missouri-2010-HB1833-Comm_Sub.html
SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
95TH GENERAL ASSEMBLY
4101L.06C D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 273.327 and 273.329, RSMo, and to enact in lieu thereof six new sections relating to animals and agriculture, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 273.327 and 273.329, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 144.527, 261.325, 261.328, 267.810, 273.327, and 273.329, to read as follows:
144.527. 1. In addition to the exemptions granted under this chapter, there shall also be specifically exempted from state and local sales and use taxes defined, levied, or calculated under sections 32.085 and 32.087, sections 144.010 to 144.525, sections 144.600 to 144.761, and section 238.235 all sales of farm products sold at a farmers' market within one hundred miles of the vendor's farm where the farm products were grown or produced by any vendor with annual sales of farm products of twenty thousand dollars or less.
2. For purposes of this section "farm products" shall mean any fresh fruits, vegetables, mushrooms, nuts, shell eggs, honey or other bee products, maple syrup or maple sugar, flowers, nursery stock and other horticultural commodities, livestock food products, including meat, milk, cheese, and other dairy products, food products of "aquaculture", as defined in subsection 1 of section 277.024, including fish, oysters, clams, mussels, and other molluscan shellfish taken from the waters of the state, products from any tree, vine, or plant and other flowers, or any of the products listed in this subdivision that have been processed by the participating farmer, including, but not limited to, baked goods made with farm products.
3. For purposes of this section "farmers' market" shall mean a cooperative or nonprofit enterprise or association that consistently occupies a given site throughout the season, which operates principally as a common marketplace for a group of farmers to sell farm products directly to consumers, and where the products sold are produced by the participating farmers with the sole intent and purpose of generating a portion of household income.
261.325. 1. Sections 261.325 and 261.328 shall be known and may be cited as the "Farm to Institution Initiative".
2. For the purposes of sections 261.325 and 261.328, the following terms shall mean:
(1) "Food system", the network of agricultural production, food processing, distribution, retail, and consumption related to our food supply, and the transformation of raw materials into foods for human consumption in which actions in one food system sector influences all others;
(2) "Small agribusiness", an independent agribusiness that produces or processes Missouri food products with gross annual sales of less than five million dollars;
(3) "Small farm" or "small farmer", an independent family-owned farm in the state of Missouri with at least one family member working in the day-to-day operation of the farm.
3. There is hereby created the "Farm to Institution Initiative" within the agriculture business development division within the department of agriculture. Subject to appropriation, the division may employ staff to carry out the functions of sections 261.325 and 261.328.
4. The mission of the farm to institution initiative created in this section shall be to improve public awareness of and access to the agricultural products that are produced or processed by small farmers and small agribusinesses, to promote a sustainable Missouri food system, and to enable more food dollars to stay within the state's economy. To accomplish this mission, the division will provide technical and financial assistance to small farmers and small agribusinesses for the branding, marketing, and distribution of locally-grown Missouri agricultural products. The division may coordinate with the departments of elementary and secondary education, health and senior services, corrections, mental health, and economic development to promote the economic benefits as well as health benefits of the initiative.
5. The duties of the farm to institution initiative shall be to:
(1) Administer the Missouri farm to institution program created under section 261.328;
(2) Collaborate with the AgriMissouri brand program created under section 261.230 by:
(a) Assisting small farmers and small agribusinesses in marketing locally grown and processed agricultural products within this state;
(b) Supporting a marketing plan for Missouri-grown and -processed agricultural products produced by small farmers and small agribusinesses;
(3) Collaborate with the university extension and other state and regional programs that promote state and regional programs that promote diversification of agricultural production by local farmers to expand local food production to meet increased consumer demands in Missouri;
(4) Seek funding for the initiative by gift, bequest, donation, and other sources for the issuance of grants. All moneys shall be held in the farm to institution initiative fund created under subsection 5 of section 261.328;
(5) Administer funding for the initiative's operations and programs; and
(6) Promulgate rules for the programs in this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
261.328. 1. The department of agriculture, in collaboration with the departments of elementary and secondary education, health and senior services, and economic development, shall create the "Farm to Institution Program" to reduce obesity and improve nutrition and public health, as well as strengthen local agricultural economies by increasing access to and promoting the consumption of locally grown foods and enabling more food dollars to stay within this state.
2. The first phase of the farm to institution program shall be the establishment of the "Farm Fresh Schools Program" which shall:
(1) Link schools with local and regional farms in order to provide schools with locally grown foods for inclusion in school meals, vending machines, salad bars, and snacks;
(2) Develop nutritional awareness, healthy eating habits, and physical activity for overall wellness of students;
(3) Emphasize the purchase of locally grown foods by schools to improve child nutrition, strengthen local and regional farm economies, and enable food dollars to stay within Missouri;
(4) Establish a goal of ten percent by 2013, increasing to twenty percent by 2018 of total food purchased by school cafeterias being procured from local small farmers and small agribusinesses; and
(5) Identify existing resources for processing foods locally and identify funding sources for expanding local food processing facilities to meet increased demands for locally processed foods.
3. The second phase of the farm to institution program shall be the establishment of a "Farm to Cafeteria Program", which shall:
(1) Build partnerships required to reform state institution food procurement policies to facilitate the purchase of locally grown foods to the maximum extent practical;
(2) Link state institution cafeterias with local and regional small farms to provide cafeterias with locally grown foods for inclusion in meals, salad bars, and snacks;
(3) Emphasize and promote the purchase of locally grown foods by state institution cafeterias to improve access to Missouri-grown and -processed food products, develop the local food system, strengthen local and regional farm economies, and enable more food dollars to stay within Missouri;
(4) Establish a goal of ten percent by 2020, increasing to twenty percent by 2028 of total food purchased by state institution cafeterias being procured from local small farmers and small agribusinesses; and
(5) Identify and update existing resources for processing foods locally and identify funding sources for expanding local food processing facilities to meet increased demands for locally grown foods.
4. In implementing the farm to institution program, the departments of agriculture, elementary and secondary education, health and senior services, corrections, mental health, and economic development shall:
(1) Amend school and state institution cafeteria procurement regulations to:
(a) Include in the department's website a mechanism to link farmers, processors, schools, and institutions for the purpose of locally grown food procurement;
(b) Coordinate with local and federal authorities to obtain resources necessary to accomplish the goal of building a farm and food network which facilitates the expansion of the numbers of farmers growing local food products, food processing, and transportation, distribution mechanisms for locally grown foods, and marketing to create awareness of the benefits of supporting a locally grown and sustainable food system;
(c) Revise food procurement procedures to remove barriers and maximize the purchase of locally grown foods by schools and state institutions; and
(d) Encourage state food contracts to include a plan to maximize the purchase of locally grown food;
(2) Facilitate workshops, training sessions, and technical assistance to farm, food processing, and school food service personnel;
(3) Assist schools in developing and implementing nutrition education curricula that include locally grown foods and gardening; and
(4) Promote development of school gardens and encourage local authorities to permit school-grown foods to be served in school cafeterias.
5. (1) There is hereby created in the state treasury the "Farm to Institution Initiative Fund", which shall consist of moneys appropriated for the program, and any gifts, bequests, or donations to the program. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of this section.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
6. The department of agriculture shall develop a request for proposals (RFP) for grants to expand the ability to produce, process, and distribute locally grown foods. The department of agriculture shall collaborate with the departments of elementary and secondary education, health and senior services, corrections, mental health, and economic development to jointly administer a process to review grant proposals and award grants from the farm to institution initiative fund on a competitive bid basis to eligible participants to implement the farm to institution program. The first six grants awarded under the program shall be awarded in counties with a significant agricultural economy based on need.
7. The department of agriculture, in consultation with the departments of elementary and secondary education, health and senior services, corrections, mental health, and economic development, shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
8. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
267.810. 1. There is hereby established within the department of agriculture the "Missouri Animal Care Advisory Committee". The Missouri animal care advisory committee shall have the authority to review and make recommendations on the welfare of poultry, livestock, and licensed dog breeding facilities in this state.
2. The committee shall be comprised of the following members:
(1) The director of the department of agriculture, who shall be a nonvoting member and serve as chair of the board;
(2) The chair of the Missouri Senate Agriculture Committee, who shall be a nonvoting member;
(3) The chair of the Missouri House Agriculture Committee, who shall be a nonvoting member;
(4) The state veterinarian;
(5) The chair of the University of Missouri Animal Sciences Division;
(6) The chair of the Missouri State University Animal Sciences Division;
(7) The University of Missouri Food Animal Veterinary Extension Specialist;
(8) A producer member representative of the Missouri Cattlemen's Association;
(9) A producer member representative of the Missouri Pork Association;
(10) A producer member representative of the Missouri Egg Council;
(11) A producer member representative of the Missouri Dairy Association;
(12) A producer member representative of the Poultry Federation;
(13) A producer member representative of the Missouri Corn Growers Association;
(14) A producer member representative of the Missouri Soybean Association;
(15) A producer member representative of the Missouri Farm Bureau;
(16) A member representative of the Equine Council;
(17) A member representative of the Missouri Livestock Marketing Association; and
(18) A member representative of the Missouri Federation of Animal Owners.
3. The committee shall review the animal care practices related to poultry, livestock, and licensed dog breeding facilities in this state and, when necessary, make recommendations to the general assembly. When reviewing such practices, the committee shall consider all of the following:
(1) The health and husbandry of poultry, livestock, and dogs at licensed dog breeding facilities;
(2) Generally accepted farm management practices;
(3) Generally accepted veterinary standards and practices;
(4) The economic impact on poultry and livestock farmers, licensed dog breeders, consumers, and the affected sector as a whole;
(5) Species specific animal care guidelines established by the respective national poultry, livestock, and licensed dog breeders organizations.
4. The committee shall review national species specific animal care guidelines once every five years.
5. Members of the committee shall not be compensated for their service on the committee. Members of the committee shall serve as long as they hold their respective positions or until they are replaced on the committee by their respective organizations.
6. The department of agriculture shall provide technical support to the board and provide a meeting place for the committee.
7. All meetings, business, and activities of the board shall be subject to the provisions of chapter 610.
273.327. No person shall operate an animal shelter, pound or dog pound, boarding kennel, commercial kennel, contract kennel, pet shop, or exhibition facility, other than a limited show or exhibit, or act as a dealer or commercial breeder, unless [he] such person has obtained a license for such operations from the director. An applicant shall obtain a separate license for each separate physical facility subject to sections 273.325 to 273.357 which is operated by the applicant. Any person exempt from the licensing requirements of sections 273.325 to 273.357 may voluntarily apply for a license. Application for such license shall be made in the manner provided by the director. The license shall expire annually unless revoked. As provided by rules to be promulgated by the director, the license fee shall range from one hundred to five hundred dollars per year. Pounds[,] or dog pounds [and animal shelters] shall be exempt from payment of such fee. License fees shall be levied for each license issued or renewed on or after January 1, 1993.
273.329. 1. The director may refuse to issue or renew or may revoke a license on any one or more of the following grounds:
(1) Material and deliberate misstatement in the application for any original license or for any renewal license under sections 273.325 to 273.357;
(2) Disregard or violation of sections 273.325 to 273.357 or of any rules promulgated pursuant thereto;
(3) Conviction of any violation of any state or federal law relating to the disposition or treatment of animals;
(4) Failure to provide adequate food, water, housing or sanitary facilities for animals under the control of an animal shelter, boarding kennel, commercial breeder, commercial kennel, contract kennel, dealer, pet shop, pound, or exhibitor as defined by regulations of the USDA.
2. The department of agriculture shall not retain, contract with, or otherwise utilize the services of the personnel of any nonprofit organization for the purpose of inspection or licensing of any animal shelter, pound, or dog pound, boarding kennel, commercial kennel, contract kennel, commercial breeder, hobby or show breeder, or pet shop under sections 273.325 to 273.357.
3. Operation of an animal shelter, pound or dog pound, boarding kennel, commercial kennel, contract kennel, pet shop, or exhibition facility, or activity as a commercial breeder or dealer without a valid license shall constitute a class A misdemeanor.
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