Farmers who run dyed diesel on U.S. 36 or U.S. 63 could still face a federal penalty despite Gov. Mike Kehoe's harvest emergency order, his office said Thursday.
"This executive order only applies to state highways," Gabby Picard, the governor's communications director, said in an email. Asked about U.S. highways such as U.S. 36 and U.S. 63, Picard said, "Yes, using dyed diesel on a US Highway could still face a federal penalty unless a waiver is granted."
The governor's office is in regular contact with federal officials about the issue, Picard said, and state departments may consider more guidance as questions arise.
Federal law sets the penalty for using dyed fuel for a taxable use at the greater of $1,000 or $10 a gallon, according to the Internal Revenue Code and IRS Publication 510. The federal rule is not limited to U.S. highways. IRS regulations define a highway as any road in the United States that is not a private roadway, including state highways, city streets and rural roads.
Executive Order 26-19, which Kehoe signed Wednesday, lets motor vehicles registered for highway use in Missouri use dyed diesel through Oct. 30 without state penalties if the trip is "strictly limited to agricultural purposes," including harvesting and hauling crops, livestock and commodities from field to storage or to market, according to the order filed with the Missouri secretary of state. The governor's news release describes the eligible vehicles as commercial vehicles licensed for farm use.
The order suspends enforcement of the state law that bars dyed fuel in vehicles on public highways, and it prohibits any state agency or law enforcement officer from assessing taxes or penalties under that law against anyone operating within the exemption.
Dyed diesel is sold without motor fuel tax for off-road farm use, according to the governor's office. Missouri's motor fuel tax has been 29.5 cents a gallon since July 1, 2025, according to the Missouri Department of Revenue.
"Missouri farmers are working hard to bring in this year's harvest while facing higher costs at nearly every turn," Kehoe said in the release.
Missouri Farm Bureau, the Missouri Corn Growers Association and the Missouri Soybean Association each said in statements Wednesday that the order does not waive federal dyed-diesel restrictions or authorize the fuel's use on interstates or U.S. highways under federal law. Missouri Soybean Association CEO Casey Wasser said the group is talking with federal officials about corresponding relief and clear guidance so farmers can use dyed diesel with confidence.
The order also lets six-axle combinations with at least 43 feet between the first and last axles haul livestock, grain, timber or other seasonally harvested farm products at up to 90,000 pounds gross weight without a special permit or permit fees. Trips must run from field to storage, market or stockpile, or from farm storage to market.
The higher limit applies on state highways and local roads but not on interstates, according to the order. It replaces the 10% harvest allowance in state law, and no other weight tolerance may be added on top of it. Single-axle limits still apply, and trucks must obey posted limits on bridges and other weight-restricted structures. The soybean and corn growers associations said the change raises the harvest limit from 88,000 pounds.
The order expires Oct. 30 unless it is extended in whole or in part.
Missouri's average diesel price was $6.15 a gallon Thursday, according to AAA, down from a record $6.35 on Sept. 22 but up from $3.40 a year ago.