June 1, 2001 Proposed Rules MISSOURI Vol. 26, No. 11 REGISTER ment filed April 16, 1985, effective May 1, 1985, expired July 1, nder this heading will appear the text of proposed 1985. Amended: Filed April 16, 1985, effective June 27, 1985. Urules and changes. The notice of proposed rulemak- Rescinded: Filed April 17, 2001. ing is required to contain an explanation of any new rule or any change in an existing rule and the reasons therefor. PUBLIC COST: This proposed rescission will not cost state agen- This is set out in the Purpose section with each rule. Also cies or political subdivisions more than $500 in the aggregate. required is a citation to the legal authority to make rules. This appears following the text of the rule, after the word PRIVATE COST: This proposed rescission will not cost private “Authority.” entities more than $500 in the aggregate. ntirely new rules are printed without any special sym- Ebology under the heading of the proposed rule. If an NOTICE TO SUBMIT COMMENTS: Anyone may file a statement existing rule is to be amended or rescinded, it will have a in support of or in opposition to this proposed rescission with the Weights and Measures Division, Attention: Ron Hooker, Director, heading of proposed amendment or proposed rescission. PO Box 630, Jefferson City, MO 65102-0630. To be considered, Rules which are proposed to be amended will have new comments must be received within thirty days after publication of matter printed in boldface type and matter to be deleted this notice in the Missouri Register. No public hearing is sched- placed in brackets. uled. n important function of the Missouri Register is to Asolicit and encourage public participation in the rule- making process. The law provides that for every proposed Title 2—DEPARTMENT OF AGRICULTURE rule, amendment or rescission there must be a notice that Division 90—Weights and Measures anyone may comment on the proposed action. This com- Chapter 50—Moisture-Measuring Devices ment may take different forms. f an agency is required by statute to hold a public hear- PROPOSED RESCISSION Iing before making any new rules, then a Notice of Public Hearing will appear following the text of the rule. Hearing 2 CSR 90-50.010 Moisture-Measuring Devices for Plant dates must be at least 30 days after publication of the Products. This rule established standards for the operation of notice in the Missouri Register. If no hearing is planned or moisture-measuring devices for plant products. required, the agency must give a Notice to Submit Comments. This allows anyone to file statements in support PURPOSE: This rule is being rescinded in its entirety. The statu- of or in opposition to the proposed action with the agency tory authority to promulgate regulations under 265.610, RSMo no within a specified time, no less than 30 days after publica- longer exists. Moisture meter inspection responsibilities were tion of the notice in the Missouri Register. transferred to Chapter 413, RSMo in 1997. n agency may hold a public hearing on a rule even Athough not required by law to hold one. If an agency AUTHORITY: section 265.610, RSMo 1986. Original rule filed allows comments to be received following the hearing date, Sept. 23, 1976, effective Jan. 14, 1977. Amended: Filed April 17, 1990, effective June 28, 1990. Rescinded: Filed April 17, 2001. the close of comments date will be used as the beginning day in the 90-day-count necessary for the filing of the order PUBLIC COST: This proposed rescission will not cost state agen- of rulemaking. cies or political subdivisions more than $500 in the aggregate. f an agency decides to hold a public hearing after plan- Ining not to, it must withdraw the earlier notice and file a PRIVATE COST: This proposed rescission will not cost private new notice of proposed rulemaking and schedule a hearing entities more than $500 in the aggregate. for a date not less than 30 days from the date of publication of the new notice. NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed rescission with the Proposed Amendment Text Reminder: Weights and Measures Division, Attention: Ron Hooker, Director, Boldface text indicates new matter. PO Box 630, Jefferson City, MO 65102-0630. To be considered, [Bracketed text indicates matter being deleted.] comments must be received within thirty days after publication of this notice in the Missouri Register. No public hearing is sched- Title 2—DEPARTMENT OF AGRICULTURE uled. Division 90—Weights and Measures Chapter 40—National Bureau of Standards Handbook 44 Title 3—DEPARTMENT OF CONSERVATION Division 10—Conservation Commission PROPOSED RESCISSION Chapter 4—Wildlife Code: General Provisions 2 CSR 90-40.010 NBS Handbook 44, Specifications, Tolerances PROPOSED AMENDMENT and Other Technical Requirements for Commercial Weighing and Measuring Devices. This rule provided specifications and tol- 3 CSR 10-4.113 Ginseng. The department proposes to amend sec- erance for commercial weighing and measuring devices. tions (1), (2) and (3). PURPOSE: This rule is being rescinded in its entirety. The statu- PURPOSE: This amendment clarifies that ginseng cultivated in tory authority to promulgate regulations under 414.110 and Missouri may be harvested, possessed, transported or purchased 414.151 no longer exists. at any time of the year, whether certified or not. AUTHORITY: sections 414.110 and 414.151, RSMo 1986. Original (1) Wild ginseng (Panax quinquefolium) may be harvested from rule filed July 27, 1970, effective Aug. 5, 1970. Emergency amend- September 1 through December 31. Wild ginseng plants or roots 1129 June 1, 2001 Page 1130 Proposed Rules Vol. 26, No. 11 harvested must possess three (3) or more true leaves (prongs) or effective Oct. 16, 1976. Amended: Filed Aug. 11, 1976, effective flowering/fruiting stalks. The entire stalk, minus the mature fruits, Dec. 31, 1976. Amended: Filed Oct. 20, 1976, effective Feb. 11, shall be kept with the plants until they are taken to the harvester’s 1977. Amended: Filed Feb. 23, 1977, effective April 11, 1977. home or place of business. When harvesting wild ginseng, har- Amended: Filed May 5, 1977, effective June 11, 1977. Amended: vesters shall plant all seeds from harvested plants within one hun- Filed May 5, 1977, effective Aug. 11, 1977. Amended: Filed June dred feet (100’) of the parent plants. Plants or roots of wild gin- 3, 1977, effective Oct. 1, 1977. Amended: Filed June 27, 1977, seng taken in Missouri, or acquired from outside the state, may be effective Oct. 1, 1977. Amended: Filed June 27, 1977, effective purchased, sold, transported or exported only from September 1 Dec. 1, 1977. Amended: Filed July 29, 1977, effective Nov. 11, through March 15; provided, certified roots may be possessed, 1977. Amended: Filed March 13, 1978, effective April 13, 1978. purchased, sold, transported or exported throughout the year in Amended: Filed May 22, 1978, effective Sept. 15, 1978. Amended: accordance with this rule. Filed July 5, 1978, effective Aug. 11, 1978. Amended: Filed July 5, 1978, effective Oct. 12, 1978. Amended: Filed July 5, 1978, (2) Wild and cultivated Missouri ginseng plants or roots exported effective Dec. 1, 1978. Amended: Filed Aug. 4, 1978, effective from the state must be accompanied by a numbered certificate of Nov. 11, 1978. Amended: Filed Aug. 4, 1978, effective Jan. 1, origin on forms provided by the department. Roots may be import- 1979. Amended: Filed Sept. 5, 1978, effective Oct. 12, 1978. ed from other states, territories or countries only with appropriate Amended: Filed Nov. 1, 1978, effective Dec. 11, 1978. Amended: certification of origin. Uncertified roots that have been received Filed Jan. 22, 1979, effective March 11, 1979. Amended: Filed from outside the state must be returned to that state for certifica- Feb. 22, 1979, effective June 11, 1979. Amended: Filed April 25, tion within thirty (30) days of receipt. Uncertified Missouri wild 1979, effective Aug. 11, 1979. Amended: Filed May 22, 1979, roots may be possessed only from September 1 through March 15. effective Sept. 15, 1979. Amended: Filed May 22, 1979, effective Dec. 1, 1979. Amended: Filed June 25, 1979, effective Aug. 11, (3) Any person, group or business that purchases ginseng in 1979. Emergency amendment filed July 30, 1979, effective Oct. 1, Missouri for resale must register annually with the department as 1979, expired Jan. 25, 1980. Amended: Filed July 30, 1979, effec- a ginseng dealer, and submit quarterly reports of all transactions tive Jan. 1, 1980. Amended: Filed Aug. 31, 1979, effective Jan. within fifteen (15) days of the preceding buying period and an 12, 1980. Amended: Filed Sept. 27, 1979, effective Jan. 1, 1980. annual report of inventory, on forms provided by the department Amended: Filed Nov. 28, 1979, effective March 14, 1980. which are [incorporated into this rule by reference] included Amended: Filed Feb. 28, 1980, effective June 12, 1980. Amended: herein. Annual registration shall be contingent upon compliance Filed April 2, 1980, effective July 11, 1980. Amended: Filed June with this rule and receipt of the required reports. All records 27, 1980, effective Oct. 11, 1980. Amended: Filed June 27, 1980, required by this rule shall be retained for three (3) years. effective Aug. 11, 1980. Amended: Filed Aug. 1, 1980, effective Nov. 14, 1980. Amended: Filed Aug. 29, 1980, effective Oct. 11, AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original 1980. Amended: Filed Nov. 24, 1980, effective March 13, 1981. rule filed Aug. 29, 1983, effective Jan. 1, 1984. For intervening Amended: Filed Dec. 22, 1980, effective April 11, 1981. history, please consult the Code of State Regulations. Amended: Emergency amendment filed April 1, 1981, effective April 11, 1981, Filed April 30, 2001.