Section 278.135

Title XVII AGRICULTURE AND ANIMALS

Chapter 278

Effective - 27 Jun 2000, see footnote   

  278.135.  Districts engaging in soil conservation products business, approval of state soil and water commission required — complaint procedures — rulemaking authority. — 1.  Any soil and water conservation district engaged in the marketing or buying and selling of farm products used directly or indirectly in soil conservation shall be required to obtain approval from the state soil and water districts commission to continue such activity if the commission receives written complaints from three or more business entities.  Upon request from any person, all soil and water conservation districts shall provide information on the complaint procedure provided for in this section, including information on how to contact the state soil and water districts commission.

  2.  The commission shall notify the district upon receiving complaints from three or more business entities pursuant to subsection 1 of this section, and request that the district provide information to the commission on the marketing, buying, and selling activity within sixty days.  The commission shall consider information provided by the district and any written comments from concerned citizens and businesses in making its determination.  The commission shall grant approval only upon finding that the products being marketed, bought, and sold are:

  (1)  Reasonably related to soil and water conservation; and

  (2)  Not readily available in the area.  If the commission grants approval to a district, no complaints about the marketing, buying, or selling activities of such district shall be accepted by the commission from any business entity for a period of one year after the date of approval, and no such complaints shall be accepted by the commission from the same business entities that initiated the approval procedure pursuant to this section for a period of three years after the date of approval.

  3.  The commission shall enact rules to allow districts with a pending approval request, or districts that have had their approval denied, to sell any existing inventory of products within a reasonable time.  This subsection shall not be interpreted to allow any district with a pending approval request to restock or replenish its inventory until such district has received approval from the commission.

  4.  The commission is authorized to adopt those rules that are reasonable and necessary to accomplish the limited duties specifically delegated within this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated under the authority delegated in this section shall become effective only if it has been promulgated pursuant to the provisions of chapter 536.  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 June 27, 2000, shall be invalid and void.

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(L. 2000 S.B. 741)

Effective 6-27-00