FIRST EXTRAORDINARY SESSION
HOUSE BILL NO. 4
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SHOEMYER, LEGAN, MYERS, HEGEMAN, BERKOWITZ,
MERIDETH, BRITT (Co-sponsors), HANAWAY, NAEGER, ROBIRDS, CROWELL, RICHARDSON,
BEHNEN, CLAYTON, COOPER, SHIELDS, SCHWAB, CRAWFORD, REINHART, JETTON, MAYER,
TOWNLEY, MOORE, BURTON, GRIESHEIMER, RIDGEWAY, HOHULIN, GASKILL,
BARTELSMEYER, KENNEDY AND KOLLER.
Read 1st time September 5, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
To repeal sections 277.203 and 277.212, RSMo, relating to livestock marketing, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause and penalty provisions.
Section A. Sections 277.203 and 277.212, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 277.201, 277.202 and 277.212, to read as follows:
277.201. Sections 277.200 to 277.215 shall be enforced in a manner which is consistent with the purposes and intent of the Packers and Stockyards Act (7 U.S.C.A. §9).
277.202. It shall be unlawful for any packer with respect to livestock, meats, meat food products, or livestock products in unmanufactured form to:
(1) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device; or
(2) Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect whatsoever, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever; or
(3) Sell or otherwise transfer to or for any other packer or buy or otherwise receive from or for any other packer, any article for the purpose or with the effect of apportioning the supply between any such persons, if such apportionment has the tendency or effect of restraining commerce or of creating a monopoly; or
(4) Sell or otherwise transfer to or for any other person, or buy or otherwise receive from or for any other person, any article for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce; or
(5) Engage in any course of business or do any act for the purpose or with the effect of manipulating or controlling prices, or of creating a monopoly in the acquisition of, buying, selling, or dealing in, any article, or of restraining commerce; or
(6) Conspire, combine, agree, or arrange, with any other person to apportion territory for carrying on business, or to apportion purchases or sales of any article, or to manipulate or control prices; or
(7) Conspire, combine, agree or arrange with any other person to do, or aid or abet the doing of, any act made unlawful by subdivision (a), (b), (c), (d) or (e) of 7 U.S.C.A. § 192.
277.212. [1.] The attorney general shall enforce the provisions of sections 277.200 to 277.215. The department of agriculture shall refer violations of the provisions of sections 277.200 to 277.215 to the attorney general. The attorney general [or any person injured by a violation of the provisions of sections 277.200 to 277.215] may bring an action pursuant to the provisions of chapter 407, RSMo, for any remedy allowed for unlawful merchandising practices.
[2. A seller who receives a discriminatory price or who is offered only a discriminatory price in violation of the provisions of sections 277.200 to 277.215 may receive treble damages, costs and a reasonable attorney's fee.]
[277.203. A packer purchasing or soliciting livestock in this state for slaughter shall not discriminate in prices paid or offered to be paid to sellers of that livestock. The provisions of this section shall not be construed to mean that a price or payment method must remain fixed throughout any marketing period. The provisions of this section shall not apply to the sale and purchase of livestock if the following requirements are met:
(1) The price differential is based on the quality of the livestock, if the packer purchases or solicits the livestock based upon a payment method specifying prices paid for criteria relating to carcass merit; actual and quantifiable costs related to transporting and acquiring the livestock by the packer; or an agreement for the delivery of livestock at a specified date or time; and
(2) After making a differential payment to a seller, the packer publishes information relating to the differential pricing, including the payment method for carcass merit, transportation and acquisition pricing, and an offer to enter into an agreement for the delivery of livestock at a specified date or time according to the same terms and conditions offered to other sellers.]
Section B. Because of the need for continuity within the livestock packing industry, section A of this act is deemed
necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an
emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its
passage and approval.