Effective - 14 Oct 2016
*261.130. Certain agriculture information and data not subject to disclosure, when — disclosure permitted, when. — 1. For purposes of this section, the following terms shall mean:
(1) "Agent", a duly authorized representative of the Missouri department of agriculture or the Missouri department of natural resources;
(2) "Agricultural land", the same as defined in section 350.010;
(3) "Agricultural operation", any sole proprietorship, partnership, corporation, cooperative, or other business entity which derives income from farming;
(4) "Disclose", to publish or otherwise share with or release to individuals, business entities, political subdivisions, media outlets, or other entities;
(5) "Farming", the same as defined in section 350.010;
(6) "Personal information", data which is linked to a specific individual including, but not limited to, Social Security numbers, telephone numbers, and addresses;
(7) "Voluntary participation", participation in a government program that is not compulsory but requires the collection of specific information from an agricultural producer or owner of agricultural land in order to participate in such program.
2. Information or data in either paper or electronic form concerning an agricultural producer or owner of agricultural land that, in connection with such producer's** or owner's voluntary participation in a program, is collected from or provided by an agricultural producer or owner of agricultural land that is related to a farmer's personal information, their agricultural operation, farming or conservation practices, environmental or production data, details on assets of their farm, or the land itself and any geospatial information maintained by the Missouri department of agriculture or by the Missouri department of natural resources based on agricultural land or operations where a farmer's agricultural operation, farming or conservation practices, environmental or production data, details on assets of their farm, or the land itself is depicted or identified shall not be considered a public record and shall not be subject to disclosure under chapter 610. Further, such information shall not be disclosed to agents of the department of agriculture or the department of natural resources unless such disclosure complies with subsection 3 of this section.
3. The department of agriculture and the department of natural resources may disclose the information or data described in subsection 2 of this section to agents only if:
(1) Such information or data will not be subsequently disclosed beyond such agent except in accordance with subsection 4 of this section;
(2) Such agent is providing technical or financial assistance with respect to the agricultural operation, agricultural land, or farming or conservation practices, and so long as there is a written agreement in place between the parties certifying adherence to this section; or
(3) Such agent is responding to an agricultural disease or pest threat or other related emergency impacting agricultural operations, if the director of the department of agriculture and the director of the department of natural resources both determine that a threat to agricultural operations exists and the disclosure of information to a person or cooperating government entity is necessary to assist such departments in responding to the disease or pest threat or emergency.
4. Nothing in this section shall prevent:
(1) The disclosure of information described in subsection 2 of this section in paper format if such information has been transformed into a statistical or aggregate form, or from an electronic database where such information can be compiled for distribution into a statistical or aggregate form, that prevents the information from directly or indirectly naming or identifying any individual owner, operator, producer, or operation or a specific data gathering site;
(2) The disclosure of information described in subsection 2 of this section pursuant to the expressed written consent of both the agriculture producer and owner of agriculture land; or
(3) The disclosure of information or data required by law as a condition of compliance with any of the departments' regulatory functions;
(4) The disclosure of information collected not in connection with a producer's** or owner's voluntary participation in a government program.
5. The participation of an agricultural producer or owner of agricultural land in, or receipt of any benefit under, any program administered by the department of agriculture or the department of natural resources shall not be conditioned on the consent of the agricultural producer or owner of agricultural land under subdivision (2) of subsection 4 of this section.
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(L. 2016 H.B. 1414)
*Effective 10-14-16, see § 21.250. H.B. 1414 was vetoed July 8, 2016. The veto was overridden on September 14, 2016.
**Word "producer" appears in original rolls.