261.235.  AgriMissouri fund, created, purposes, lapse of fund into general revenue prohibited — advisory commission, created, purposes, duties, membership — trademark fees. — 1.  There is hereby created in the state treasury for the use of the agriculture business development division of the state department of agriculture a fund to be known as "The AgriMissouri Fund".  All moneys received by the state department of agriculture for Missouri agricultural products marketing development from any source, including trademark fees, shall be deposited in the fund.  Moneys deposited in the fund shall, upon appropriation by the general assembly to the state department of agriculture, be expended by the agriculture business development division of the state department of agriculture for promotion of Missouri agricultural products under the AgriMissouri program.  The unexpended balance in the AgriMissouri fund at the end of the biennium shall not be transferred to the general revenue fund of the state treasury and accordingly shall be exempt from the provisions of section 33.080 relating to transfer of funds to the ordinary revenue funds of the state by the state treasurer.

  2.  There is hereby created within the department of agriculture the "AgriMissouri Advisory Commission for Marketing Missouri Agricultural Products".  The commission shall establish guidelines, and make recommendations to the director of agriculture, for the use of funds appropriated by the general assembly for the agriculture business development division of the department of agriculture, and for all funds collected or appropriated to the AgriMissouri fund created pursuant to subsection 1 of this section.  The guidelines shall focus on the promotion of the AgriMissouri trademark associated with Missouri agricultural products that have been approved by the general assembly, and shall advance the following objectives:

  (1)  Increasing the impact and fostering the effectiveness of local efforts to promote Missouri agricultural products;

  (2)  Enabling and encouraging expanded advertising efforts for Missouri agricultural products;

  (3)  Encouraging effective, high-quality advertising projects, innovative marketing strategies, and the coordination of local, regional and statewide marketing efforts;

  (4)  Providing training and technical assistance to cooperative-marketing partners of Missouri agricultural products.

  3.  The commission may establish a fee structure for sellers electing to use the AgriMissouri trademark associated with Missouri agricultural products, so long as the fees established and collected under this subsection do not yield revenue greater than the total cost of administering this section during the ensuing year.  All trademark fees shall be deposited to the credit of the AgriMissouri fund, created pursuant to this section.

  4.  The commission shall consist of nine members appointed by the governor with the advice and consent of the senate.  One member shall be the director of the agriculture business development division of the department of agriculture, or his or her representative.  At least one member shall be a specialist in advertising; at least one member shall be a specialist in agribusiness; at least one member shall be a specialist in the retail grocery business; at least one member shall be a specialist in communications; at least one member shall be a specialist in product distribution; at least one member shall be a family farmer with expertise in livestock farming; at least one member shall be a family farmer with expertise in grain farming and at least one member shall be a family farmer with expertise in organic farming.  Members shall serve for four-year terms, except in the first appointments three members shall be appointed for terms of four years, three members shall be appointed for terms of three years and three members shall be appointed for terms of two years each.  Any member appointed to fill a vacancy of an unexpired term shall be appointed for the remainder of the term of the member causing the vacancy.  The governor shall appoint a chairperson of the commission, subject to ratification by the commission.

  5.  Commission members shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties on the commission.  The division of agriculture business development of the department of agriculture shall provide all necessary staff and support services as required by the commission to hold commission meetings, to maintain records of official acts and to conduct all other business of the commission.  The commission shall meet quarterly and at any such time that it deems necessary.  Meetings may be called by the chairperson or by a petition signed by a majority of the members of the commission.  Ten days' notice shall be given in writing to such members prior to the meeting date.  A simple majority of the members of the commission shall be present to constitute a quorum.  Proxy voting shall not be permitted.

  6.  If the commission does establish a fee structure as permitted under subsection 3 of this section, the agriculture business development division of the department of agriculture shall promulgate rules establishing the commission's fee structure.  The department of agriculture shall also promulgate rules and regulations for the implementation of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  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 August 28, 2016, shall be invalid and void.