Section 261.099

Title XVII AGRICULTURE AND ANIMALS

Chapter 261

Effective - 28 Aug 2021   

  261.099.  Exclusive inspection of certain grounds and facilities, by whom — limitation of inspection — inapplicability, when — inadmissibility of evidence in criminal cases, when. — 1.  The Missouri department of agriculture or its representative, the Missouri department of natural resources or its representative, the county sheriff for the county in which the facility is located, the United States Department of Agriculture, and any other federal or Missouri state agency with statutory or regulatory authority over the products, animals, or processes described in subdivisions (1) to (3) of this subsection have the exclusive authority to inspect grounds or facilities that are located in Missouri and that are used for:

  (1)  The production of eggs;

  (2)  The production of milk or other dairy products; or

  (3)  The raising of livestock or poultry.

  2.  No person, individual, corporation or other association, governmental agency, or any other entity except the entities described in subsection 1 of this section shall inspect the grounds or facilities described in subsection 1 of this section to enforce or carry out the laws or administrative rules of this state or a state other than Missouri unless specifically requested by the owner of the grounds or facilities, or pursuant to a search warrant lawfully issued by a court of competent jurisdiction.

  3.  (1)  This section shall not apply to inspections performed in any municipality located in three or more counties, with one being a charter county, charter counties, except any county with a charter form of government and with more than three hundred thousand but fewer than four hundred fifty thousand inhabitants, or any city not within a county.

  (2)  This section shall not apply to inspections performed on any further processing component of any production agriculture farm.

  (3)  This section shall not apply to searches carried out under section 252.100.

  4.  No testimony or evidence regarding any condition or event at the grounds or facilities set forth in subsection 1 of this section shall be admissible in any criminal prosecution unless such testimony or evidence is offered by:

  (1)  A representative of any agency or office set forth in subsection 1 of this section;

  (2)  Any person, individual, corporation or other association, governmental agency, or other entity specifically authorized by the owner of such grounds or facilities to be present at such grounds or facilities;

  (3)  Any person who entered such grounds or facilities pursuant to a valid search warrant issued by the court of competent jurisdiction; or

  (4)  Any person who has observed a condition or event at the grounds or facilities from public land or private land owned or rented by the person offering the testimony or evidence.

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(L. 2021 H.B. 574)