Missouri Laws 416.505 – Operation without license enjoined — “stop-sale” orders, issuance — appeal
Terms Used In Missouri Laws 416.505
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
In any case where a person acts as a distributor or operates a milk processing plant within this state or such a plant located outside this state and is making sales within this state without having first obtained a license as provided in sections 416.410 to 416.560, the attorney general or the prosecuting attorney shall bring suit in a court of competent jurisdiction within the county in which the violation occurs to enjoin the sales or distribution of milk or milk products. In addition, the director, or his authorized agents or representatives are authorized and empowered to issue and enforce a written or printed “stop-sale” order to the owner or custodian of the milk products. The order shall prohibit the further sale of the milk products until the provisions of sections 416.410 to 416.560 have been complied with. The owner or custodian of the milk products shall have the right to appeal from the order to the circuit court of the county or city in which the milk products are located, praying for a judgment as to the justification of such order and for the discharge of the milk products from the order prohibiting the sale in accordance with the findings of the court.