Section 267.230

Title XVII AGRICULTURE AND ANIMALS

Chapter 267

Effective - 28 Aug 1987, highlighted 1    

  267.230.  Quarantine violations or interference with veterinarian, penalty — interception of vehicles transporting livestock — impoundment procedure — penalties for violations — law officer may assist. — 1.  Any person or persons who shall in any way interfere with or obstruct the state veterinarian in the discharge of his duties, or any owner or owners, person or persons who shall be notified to quarantine animals as provided in sections 267.010 to 267.730 and who shall violate any of the provisions of those sections or official orders of quarantine, or any person or persons who shall violate any of the provisions of the chapter regarding district or municipality quarantine, shall be guilty of a class A misdemeanor.

  2.  The director of the department shall have the power to authorize certain employees of the department or employees of the United States Department of Agriculture to assist in the enforcement of sections 267.010 to 267.730.

  3.  In connection with such enforcement, such authorized employees may intercept, stop and detain for official inspection or inquiry any vehicle carrying livestock in this state.  Such authorized employees may use a red flashing light to aid them in stopping such vehicles.

  4.  If in the opinion of any authorized employee the animals are being transported in violation of sections 267.010 to 267.730 or the regulations promulgated pursuant thereto, the employee shall have the authority to seize and impound the animals for a period of forty-eight hours or until it is shown that the animals are being transported in compliance with sections 267.010 to 267.730 and the rules and regulations promulgated pursuant thereto.  If within forty-eight hours of initial seizure and impoundment the state veterinarian or his duly appointed deputy makes a determination that the animals were in fact being held, moved or transported in violation of sections 267.010 to 267.730, he shall order the seizure and impoundment of the animals following the notice requirements set forth in section 267.531.  Upon such order and notice being issued, the department shall follow the procedures set forth in section 267.531 regarding redemption, payment of expenses, opportunity for hearing, and application for an order of sale.  Such officers may also issue citations for violations of the provisions of sections 267.010 to 267.730, and summonses to appear before the director.  The director may, after a hearing as provided in section 276.631, assess a civil penalty not to exceed ten thousand dollars for each such violation.  Any person aggrieved by such penalty may appeal to the circuit court of the county of residence of the person or the circuit court of Cole County as provided in chapter 621.

  5.  All county and municipal law enforcement officials may assist such designated employees upon request and all state law enforcement officials shall assist such designated employees upon request to the extent that is consistent with the powers that such law enforcement officials derive from their respective jurisdictions.

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(RSMo 1939 § 14217, A.L. 1978 H.B. 1816, A.L. 1983 1st Ex. Sess. H.B. 11, A.L. 1987 H.B. 368)

Prior revisions: 1929 § 12537; 1919 § 12096; 1909 § 719