HCS SB 824 -- ANIMALS AND AGRICULTURE

SPONSOR:  Clemens (Brown, 149)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Emerging Issues in Animal Agriculture by a vote of 9 to 3.

This substitute changes the laws regarding animals and
agriculture.

DISEASED ANIMALS (Sections 267.565 and 267.600, RSMo)

The substitute specifies that any animal or bird under
investigation by the State Veterinarian for carrying a toxin must
not be removed from the premises until certain specified actions
have taken place.  The State Veterinarian will be authorized to
choose the method of eradication of the toxin and may implement a
holding period restricting the movement of any animal or bird
under investigation for the presence of a toxin.  Once an
investigation is completed, the animal or bird must be released
from the holding period or must be permanently quarantined by the
State Veterinarian or his or her representative.

MISSOURI ANIMAL CARE ADVISORY COMMITTEE (Section 267.810)

The Missouri Animal Care Advisory Committee is established within
the Department of Agriculture to review and make recommendations
on the welfare of poultry, livestock, and licensed dog breeding
facilities in this state.  The 19-member committee will include
the chairs of the Senate Agriculture Committee and the House of
Representatives Agriculture Committee as nonvoting members.

The committee must review the animal care practices related to
poultry, livestock, and licensed dog breeding facilities and,
when necessary, make recommendations to the General Assembly.
When reviewing these practices, the committee must consider:

(1)  The health and husbandry of poultry, livestock, and dogs at
licensed 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; and

(5)  Species specific animal care guidelines established by the
respective national poultry, livestock, and licensed dog breeders
organizations.

The committee must review national species specific animal care
guidelines once every five years.

WILD AND FERAL SWINE (Sections 270.260, 270.270, and 270.400)

The substitute changes the laws regarding wild or feral swine.
The Director of the Department of Agriculture must establish
rules regarding the fencing and health standards for Russian and
European wild boars or wild-caught swine held alive on private
land.  Any person holding these swine on private land must
annually obtain a permit from the department.  The capture and
possession of feral hogs on public land and the transport of live
Russian and European wild boars or wild-caught swine through or
on public land without a permit is prohibited.  The transport of
live Russian and European wild boars or wild-caught swine for any
purpose other than to slaughter or to move to another farm
requires a permit from the department unless the transporter is
issued an exemption permit by the department.  Any person in
violation of these provisions will be guilty of a class A
misdemeanor and may be assessed an administrative penalty of up
to $1,000 per violation.

Any person who recklessly or knowingly releases any swine on
public or private land to live in a wild or feral state without
adequate fencing will be guilty of a class A misdemeanor and will
be subject to an administrative penalty of $1,000 for each swine
released for the first offense.  Anyone who has previously pled
guilty to or been found guilty of violating this provision on two
separate occasions within 10 years of the first violation will be
guilty of a class D felony and may be assessed an administrative
penalty of up to $1,000 per violation.

The Animal Health Fund is created which will consist of all fees
and administrative penalties collected by the department under
these provisions.  Moneys appropriated from the fund must be used
to administer these provisions.

These provisions do not apply to domestic swine.

LICENSURE AND REGULATION OF ANIMAL CARE FACILITIES (Sections
273.327 and 273.329)

The substitute changes the laws regarding the Animal Care
Facilities Act.  The substitute:

(1)  Removes the exemption for animal shelters from the required
annual licensure fee; and

(2)  Prohibits the Department of Agriculture from retaining,
contracting with, or otherwise utilizing the services of the
personnel of any nonprofit organization for the purpose of
inspecting or licensing a shelter, pound, kennel, breeder, pet
shop, or any animal care facility subject to the provisions of
the act.

NONPROFIT COOPERATIVE MARKETING ASSOCIATIONS (Section 274.180)

The substitute specifies that each nonprofit cooperative
marketing association must pay a $10 annual fee in lieu of all
franchise or license or corporation or other taxes, taxes, state
sales taxes, or charges upon reserves held by it members.

BLASTING SAFETY (Sections 319.306 and 319.321)

Individuals using explosives along with a well screen cleaning
device for the purpose of unblocking clogged agricultural
irrigation well screens located within the Southeast Missouri
Regional Water District are added to the list of individuals who
are exempt from the requirement to obtain a blaster's license.

PRIVATE NUISANCE DAMAGES (Sections 537.296)

The allowable amount of damages for a private nuisance is limited
as follows:

(1)  If the nuisance is permanent, compensatory damages must be
measured by the reduction in the fair market value of the
claimant's property but may not exceed the fair market value of
the property;

(2)  If the nuisance is temporary, compensatory damages must be
measured by the diminution in the fair rental value of the
property which resulted from the nuisance; and

(3)  No damages will be awarded for annoyance, discomfort,
sickness, emotional distress, or similar claims for a private
nuisance.

If the claim for injury or damages to a person is asserted in the
same proceeding as a claim for damage to the claimant's property
caused by a private nuisance, liability for the injury or damage
must be determined on the basis of applicable principles of tort
law independent of whether the defendant's use of the property is
found to constitute a nuisance.

AGRITOURISM PROMOTION ACT (Sections 537.850 - 537.862)

The Agritourism Promotion Act is established which allows for the
registration of any person who is engaged in a business which
provides agritourism activities in Missouri.  The substitute:

(1)  Defines "agritourism activity" as any activity which allows
the general public for recreational, entertainment, or
educational purposes to view or enjoy rural activities including,
but not limited to, farming and ranching activities or historic,
cultural, or natural attractions;

(2)  Defines "inherent risks of a registered agritourism
activity" as dangers or conditions which are an integral part of
an agritourism activity including the potential of a participant
to act in a negligent manner that may contribute to injury to the
participant or others;

(3)  Allows any person to register his or her agritourism
activity with the Director of the Department of Agriculture.  The
registration must contain a description of the agritourism
activity he or she intends to conduct and the location where the
activity will be conducted;

(4)  Specifies that the registration is for a period of two years
and a fee of up to $100 may be imposed on an applicant to cover
the actual administrative costs associated with the registration;

(5)  Requires the department to maintain and make available to
the public a list of all registered agritourism operators, the
registered agritourism activities conducted by each operator, and
the registered agritourism location;

(6)  Requires the department to promote and publicize registered
agritourism operators, activities, and locations by promoting and
encouraging tourism;

(7)  Requires every registered agritourism location to post and
maintain signage which contains a specific warning notice that
there is no liability for certain injuries or the death of a
participant in a registered agritourism activity;

(8)  Specifies that any participant is assuming certain inherent
risks when participating in an agritourism activity;

(9)  Specifies that a registered agritourism operator is not
liable for an injury to or the death of a participant resulting
from the inherent risks of agritourism activities if the warning
is posted as required unless the injury to the participant was by
willful or wanton conduct or the operator failed to make
dangerous conditions known to a participant and the condition
resulted in an injury;

(10)  Specifies that the operator has an affirmative defense to
liability if the injured person deliberately disregarded
conspicuously posted signs, verbal instructions, or other
warnings regarding safety measures during the activity or if any
equipment, animals, or appliances used by the injured person
during the activity were used in a manner or for a purpose other
than that for which a reasonable person should have known they
were intended; and

(11)  Creates the Agritourism Fee Fund consisting of registration
fees and moneys appropriated to the fund to be used solely for
the administration of the provisions of the act.

The substitute contains an emergency clause for the provisions
regarding nonprofit cooperative marketing associations.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $98,600
in FY 2011, $95,000 in FY 2012, and $95,000 in FY 2013.
Estimated Income on Other State Funds of Unknown in FY 2011, FY
2012, and FY 2013.

PROPONENTS:  Supporters say that the State Veterinarian needs
the authority to hold an animal that may have ingested a toxin to
identify the toxin ingested and to determine the appropriate
treatment or protocol regarding the disposition of the animal.

Testifying for the bill were Senator Clemens; Department of
Agriculture; and Missouri Veterinary Medical Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:15 pm