Bill Text: MO HB2138 | 2014 | Regular Session | Introduced

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Bill Title: Specifies that a resident must have the right to sell directly to a buyer or purchase directly from a seller any farm-direct goods produced within the state without being subject to any state or local regulation

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-04-02 - Public Hearing Completed (H) [HB2138 Detail]

Download: Missouri-2014-HB2138-Introduced.html

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SECOND REGULAR SESSION

HOUSE BILL NO. 2138

97TH GENERAL ASSEMBLY

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INTRODUCED BY REPRESENTATIVES MOON (Sponsor), BURLISON, POGUE, HURST, BLACK, MCKENNA, HOUGHTON, BERRY, HARRIS, LANT, LOVE, RHOADS, SCHIEFFER, FRAKER, MESSENGER, MARSHALL, REDMON AND REIBOLDT (Co-sponsors).

5338L.02I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

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AN ACT

To amend chapter 262, RSMo, by adding thereto one new section relating to farm-direct goods.

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Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 262, RSMo, is amended by adding thereto one new section, to be known as section 262.293, to read as follows:

            262.293. 1. The residents of Missouri shall have the right to sell directly to a buyer or purchase directly from a seller any farm-direct goods produced within this state. The seller of farm-direct goods shall retain the right to choose whether or not such farm-direct goods and the sale thereof shall be subject to regulation by the state, any political subdivision of the state, or any state or local regulatory agency. Any seller of farm-direct goods not subject to such regulation shall, at the time of the direct sale, declare to the buyer via a sign, label on the package, or verbally that such farm-direct goods are not subject to regulation by the state, any political subdivision of the state, or any state or local regulatory agency. The buyer of farm-direct goods shall retain the responsibility to ensure the process of production of the farm-direct goods purchased meets the buyer's approval.

            2. For purposes of this section, the following terms shall mean:

            (1) "Buyer", a buyer of farm-direct goods for personal consumption who purchases directly from a seller;

            (2) "Farm-direct goods", goods produced on a farm in this state by a seller and sold by such seller directly to a buyer;

            (3) "Seller", a producer of farm-direct goods who sells such goods directly to a buyer.

            3. The state, any political subdivision of this state, and any state or local regulatory agency shall not interfere or otherwise attempt to regulate the sale and purchase of farm-direct goods not subject to regulation under this section.

            4. Nothing in this section shall be construed to provide any civil or criminal immunity from liability for an intentional act or an act of gross negligence by a seller or buyer under this section which constitute a violation of any civil or criminal laws of this state.

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