reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2459a Courses of instruction.

2-2459a.
Courses of instruction.
The secretary may, in cooperation with Kansas state university, any other educational institutions of this state or of any other state, state and federal agencies, or any other person, publish information and conduct short courses of instruction in the safe use and application of pesticides.
History:
L. 1977, ch. 3, § 12; L. 2010, ch. 50, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2460a Cooperation with other agencies; educational institutions or persons.

2-2460a.
Cooperation with other agencies; educational institutions or persons.
The secretary may cooperate or enter into formal agreements with any other agency or educational institution of this state or its subdivisions, with any agency or educational institution of any other state, with the federal government, or with any other person for the purpose of carrying out the provisions of this act or securing uniformity of regulations.
History:
L. 1977, ch. 3, § 13; L. 2010, ch. 50, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2461 Penalties; injunction.

2-2461.
Penalties; injunction.
(a) Any person other than a certified private applicator violating or failing to comply with any provision of this act or any authorized rule or regulation of the secretary shall be deemed guilty of a class A misdemeanor. Each separate violation shall constitute a separate offense.
(b) Any certified private applicator who violates any of the provisions of this act or any authorized rules and regulations of the secretary shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $100 and not more than $500. Each day of operation after notice shall constitute a separate offense.
(c) The district courts of Kansas shall have jurisdiction to restrain violations of this act by injunction without the institution of criminal proceedings. Said injunction shall be issued without bond.
History:
L. 1976, ch. 1, § 24; L. 1977, ch. 3, § 14; L. 2004, ch. 101, § 48; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2462 Enforcement.

2-2462.
Enforcement.
For the purposes of carrying out the provisions of this act, the secretary or his or her agent or the county or district attorney or their agents may enter any premises at any reasonable time, in order:
(1) To have access for the purpose of inspecting any equipment subject to this act and such premises on which such equipment is kept or stored; or
(2) to inspect or sample lands and crops actually or reported to be exposed to pesticides; or
(3) to inspect storage or disposal areas; or
(4) to inspect or investigate complaints of injury to humans, crops or land; or
(5) to sample pesticides being applied or to be applied; or
(6) to observe the use and application of a pesticide.
Should the secretary, his or her agent or the county or district attorney or their agents be denied access to any land where such access was sought for the purposes authorized, the secretary or the county or district attorney may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application, issue the search warrant for the purposes requested.
The enforcement of the criminal provisions of this act shall be the duty of, and shall be implemented by, the county or district attorneys of the various counties or districts. In the event a county or district attorney refuses to act, the attorney general shall so act. The secretary is charged with the duty of enforcing all other provisions of this act.
History: L. 1976, ch. 1, § 25; October 21, 1977.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2463 Subpoenas.

2-2463.
Subpoenas.
The secretary may issue subpoenas to compel the attendance of witnesses and/or production of books, documents and records anywhere in the state in any hearing affecting the authority or privilege granted by a license, registration, certificate or permit issued under the provisions of this act.
History: L. 1976, ch. 1, § 26; October 21, 1977.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2464a Disposition of moneys; pesticide use fee fund.

2-2464a.
Disposition of moneys; pesticide use fee fund.
The secretary shall remit all moneys received by or for the secretary under this act and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the pesticide use fee fund. All expenditures from the pesticide use fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person or persons designated by such secretary.
History:
L. 1977, ch. 3, § 15; L. 1994, ch. 336, § 5; L. 2001, ch. 5, § 17; L. 2004, ch. 101, § 49; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2467a Rules and regulations.

2-2467a.
Rules and regulations.
The secretary is hereby authorized to promulgate and adopt rules and regulations for the administration of this act and concerning the following matters which include, but are not limited to:
(a) The designation of certain pesticides as restricted use pesticides as provided in K.S.A. 2-2439, and amendments thereto;
(b) the designation of categories for the issuance of pesticide business licenses as provided in K.S.A. 2-2444a, and amendments thereto;
(c) the designation of categories for the certification of applicators as provided in K.S.A. 2-2444a, and amendments thereto;
(d) the designation of training requirements for those persons applying for a pest control technician's registration as provided in K.S.A. 2-2440b, and amendments thereto;
(e) the registration and identification of equipment used in the commercial application of pesticides as provided in K.S.A. 2-2456, and amendments thereto;
(f) the storing and discarding of pesticides, pesticide materials, pesticide rinsates and pesticide containers;
(g) proper health and safety precautions;
(h) proof of financial responsibility including acceptable surety bond, liability insurance coverage, letter of credit or proof of an escrow account;
(i) furnishing of reports and information necessary for the secretary to carry out the provisions of this act; and
(j) imposing limitations on the use of any pesticide in a manner inconsistent with its label or labeling, pursuant to K.S.A. 2-2471, and amendments thereto; and
(k) any procedural or other matters related to the designation of pesticide management areas.
History:
L. 1977, ch. 3, § 16; L. 1987, ch. 12, § 5; L. 1989, ch. 6, § 16; L. 1994, ch. 199, § 5; April 21.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2469 Pesticide dealers; registration; exemptions; denial, suspension or revocation, notice and opportunity for hearing; fees.

2-2469.
Pesticide dealers; registration; exemptions; denial, suspension or revocation, notice and opportunity for hearing; fees.
(a) Each person who is a pesticide dealer shall register with the secretary. Registration shall be required for each business location distributing pesticides and shall be on a form provided by the secretary. Each registration shall expire on June 30 following issuance unless such registration is renewed annually. A registration fee of $20 shall accompany the application.
(b) The provisions of this section shall not apply to a licensed pesticide business which sells pesticides only as an integral part of such business' pesticide application service when the pesticides are dispensed only through equipment used for this pesticide application, nor to the sale of general use pesticides purchased for household use only, nor to any federal, state, county or municipal agency which provides pesticides only for its own programs nor to any individual who is the final purchaser of a pesticide for application to property or property rights owned, leased, or otherwise acquired by such person.
(c) Each registered pesticide dealer is responsible for the acts of each individual employed by such dealer in the solicitation and sale of pesticides and for all claims and recommendations for use of pesticides made by such employees. The dealer's registration shall be subject to denial, suspension, or revocation after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act for any violation of this act whether committed by the dealer or by the dealer's officers, agents or employees.
(d) All fees received under this section shall be remitted to the state treasurer in accordance with K.S.A. 2-2464a, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and 75% of such amount shall be credited to the pesticide use fee fund and 25% of each such amount shall be credited to the publications fee fund of the Kansas department of agriculture.
History:
L. 1985, ch. 12, § 2; L. 1988, ch. 356, § 32; L. 1994, ch. 336, § 6; L. 2004, ch. 101, § 50; L. 2009, ch. 128, § 24; L. 2010, ch. 60, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2470 Allowable pesticide applications by the applicator.

2-2470.
Allowable pesticide applications by the applicator.
Unless limited by K.S.A. 2-2471, and amendments thereto, or prohibited by the pesticide product label, the applicator may: (1) Apply a pesticide at any dosage, concentration or frequency less than that specified on the label or labeling; or (2) apply a pesticide against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling, and if the secretary has determined that the use of the pesticide against other pests would not cause an unreasonable effect on the environment.
History:
L. 1989, ch. 6, § 2; L. 2009, ch. 128, § 25; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2471 Rule and regulation authority to the secretary to limit pesticide use.

2-2471.
Rule and regulation authority to the secretary to limit pesticide use.
Notwithstanding the provisions of K.S.A. 2-2470, and amendments thereto, whenever the secretary deems it necessary to preserve the health, safety and welfare or the natural resources of the state, the secretary is hereby authorized to promulgate rules and regulations imposing limitations on the use of any pesticide.
History:
L. 1989, ch. 6, § 3; L. 2009, ch. 128, § 26; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2472 Pesticide management areas; development by the secretary.

2-2472.
Pesticide management areas; development by the secretary.
(a) The secretary of the Kansas department of agriculture is hereby authorized and may develop pesticide management areas after receiving notification by the administrator of the United States environmental protection agency or by the secretary of the Kansas department of health and environment, that a pesticide poses a serious threat to the public health, safety and welfare or the natural resources of this state.
(b) The secretary upon the secretary's own investigation may initiate such proceedings whenever the secretary has reason to believe that a pesticide poses a serious threat to the public health, safety and welfare or the natural resources of this state.
History:
L. 1989, ch. 6, § 4; L. 2004, ch. 101, § 51; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2473 Same; factors to examine in area development; pesticide management area technical advisory committee; membership and duties thereof.

2-2473. Same; factors to examine in area development; pesticide management area technical advisory committee; membership and duties thereof.
(a) (1) The pesticide management areas shall be developed by examination of the following factors:
(A) Precipitation;
(B) topography;
(C) soil type;
(D) depth to the watertable; and
(E) other factors as the secretary deems relevant.
(2) The areas shall be designated as permitted, modified or prohibited for the use of certain types of pesticides as determined by the pesticide management plan for the management area. The order of the secretary designating such pesticide management area shall define specifically the boundaries of the pesticide management area and shall indicate specifically the pesticide management plan for the area. Pesticide management plans may include provisions for the handling or release of pesticides, including, but not limited to, the application, mixing, loading, storage, disposal or transportation and guidelines for the best management practices.
(b) (1) When considering whether to establish such pesticide management areas, the secretary shall consult with a pesticide management area technical advisory committee composed of a representative or representatives of each of the following:
(A) Kansas department of health and environment appointed by the secretary of health and environment;
(B) Kansas department of wildlife and parks appointed by the secretary of wildlife and parks;
(C) Kansas state university appointed by the president of Kansas state university;
(D) Kansas water authority appointed by the chairperson of the Kansas water authority;
(E) conservation commission appointed by the chairperson of the state conservation commission;
(F) Kansas geological survey appointed by the state geologist; and
(G) other persons the secretary determines to have beneficial information to the establishment of such areas as appointed by the secretary.
(2) This technical advisory committee shall assist the secretary in the development of the proposed boundaries of the pesticide management area and the proposed plan for the pesticide management area.
History:
L. 1989, ch. 6, § 5; L. 2012, ch. 47, § 3; L. 2023, ch. 7, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2474 Same; public hearing concerning designation; notice.

2-2474.
Same; public hearing concerning designation; notice.
Notwithstanding the provisions of K.S.A. 2-2475, before designating any pesticide management area, the secretary shall hold a public hearing at which any interested party may appear and be heard in person or by attorney. Notice of the hearing shall be given by a publication in the Kansas register and by three publications in a newspaper or newspapers of general circulation within the area in question within the 30-day period prior to the date set for the hearing. The notice shall state the proposed boundaries of the pesticide management area and a summary of the proposed pesticide management plan to be applied within the proposed pesticide management area.
History:
L. 1989, ch. 6, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2475 Temporary pesticide management areas; secretary authorization.

2-2475.
Temporary pesticide management areas; secretary authorization.
Where, in the opinion of the secretary, a pesticide poses an imminent threat to the public health, safety and welfare or the natural resources of this state the secretary is authorized to establish temporary pesticide management areas for a period not to exceed 90 days. The order of designation of a temporary pesticide management area shall be in full force and effect upon entry in the records of the secretary and the secretary shall take all steps reasonably necessary to disseminate the information of the order to all interested parties.
History:
L. 1989, ch. 6, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2476 Pesticide management area; order of designation.

2-2476.
Pesticide management area; order of designation.
Notwithstanding the provisions of K.S.A. 2-2475, the order of designation of a pesticide management area shall be in full force and effect 60 days from the date of publication in the Kansas register unless and until its operation shall be stayed by an appeal therefrom in accordance with the provisions of the act for judicial review and civil enforcement of agency action. The secretary upon request shall deliver a copy of such order to any interested person who is affected by such order, and shall file a copy of the same with the register of deeds of any county which lies within such designated pesticide management area.
History:
L. 1989, ch. 6, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2477 Same; secretary authorization to revoke, modify or expand.

2-2477.
Same; secretary authorization to revoke, modify or expand.
The secretary is authorized to revoke, modify or expand the boundaries or plan of a pesticide management area after publication and public hearings, pursuant to K.S.A. 2-2474, on the proposed change.
History:
L. 1989, ch. 6, § 9; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2478 Same; use of pesticides in area; civil penalty; appeal procedure.

2-2478.
Same; use of pesticides in area; civil penalty; appeal procedure.
(a) Following the establishment of any pesticide management area, all persons shall use pesticides consistently with the provisions of the pesticide management plan for the pesticide management area. Any person who applies pesticides in violation of a plan of an established pesticide management area may incur a civil penalty in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $5,000 for each violation.
(b) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary or the secretary's duly authorized agent to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(c) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(d) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1989, ch. 6, § 10; L. 2001, ch. 5, § 18; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2479 Same; statewide education program on areas and plans.

2-2479.
Same; statewide education program on areas and plans.
The secretary shall initiate a statewide program to educate the public on pesticide management areas and pesticide management plans. The secretary may use other state agencies as well as the Kansas cooperative extension service to disseminate this information to the public.
History:
L. 1989, ch. 6, § 11; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2480 Uniformity of pesticide law; state has exclusive jurisdiction.

2-2480.
Uniformity of pesticide law; state has exclusive jurisdiction.
(a) On and after the effective date of this act, the provisions of the Kansas pesticide law, and any rules and regulations promulgated thereunder relating to pesticide sale or use, including, but not limited to, application of pesticides, training and certification of pesticide applicators, storage of pesticides, transportation of pesticides and disposal of pesticides within the state of Kansas shall be applicable and uniform throughout this state and in all cities, counties and political subdivisions therein. No local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas pesticide law unless expressly authorized by law to do so. Any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas pesticide law is hereby declared to be invalid and of no effect. Any amendment to the Kansas pesticide law or any amendment of the rules and regulations promulgated thereunder, shall supersede and preempt the conflicting, additional or supplemental provisions of any law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state.
(b) Nothing in this section shall be construed to preempt or otherwise limit the authority of any city, county or political subdivision therein to adopt and enforce zoning regulations, fire codes or hazardous waste disposal restrictions.
(c) This act is supplemental to and shall become a part of the Kansas pesticide law.
History:
L. 1992, ch. 195, § 4; April 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2481 Format of required documentation.

2-2481. Format of required documentation.
Documentation required under the provisions of the Kansas pesticide law, or any rule or regulation adopted under it, may be created and maintained in paper or electronic format, or a combination of both. Documents shall be provided upon request to the secretary or the secretary's designee in the format selected by the secretary or the secretary's designee. Any required document created or maintained in an electronic format shall be capable of being reproduced in a readable paper format.
History:
L. 2018, ch. 20, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2501 Citation; definitions.

2-2501.
Citation; definitions.
(a) This act shall be known and may be cited as the Kansas egg law.
(b) For the purposes of this act:
(1) "Eggs" mean eggs in the shell that are the product of the domesticated chicken, turkey, goose, guinea and any other eggs offered for sale for human consumption. Eggs shall not include balut;
(2) "person" means all individuals, firms, associations, partnerships and corporations;
(3) "department" means the Kansas department of agriculture;
(4) "secretary" means the secretary of agriculture or the secretary's authorized representative;
(5) "consumer" means a person who buys or otherwise acquires eggs for personal consumption and not for resale;
(6) "container" means any box, case, basket, carton, sack, bag or other receptacle;
(7) "ambient temperature" means the air temperature maintained in an egg storage facility or transport vehicle;
(8) "balut" means a food derived from fertile eggs, generally chicken or duck eggs, which are incubated for a period of time shorter than is necessary for hatching;
(9) "candling" means the careful examination of each shell egg and the elimination of those eggs determined unfit for human consumption;
(10) "expiration date" means the date the eggs are to be removed from sale;
(11) "food purveyor" means state institutions, military or federal installations, retailers, restaurants, cafes, cafeterias, hotels, institutions or other places where eggs are served in the shell or broken out for immediate consumption or where any foods containing eggs are sold;
(12) "graded egg" means an egg which is classified in accordance with the standards established by the Kansas department of agriculture, taking into consideration the size or weight, quality factors, interior and exterior, including condition of white and yolk, the size and condition of the air cell and cleanliness and soundness of shell;
(13) "identity" means types of eggs other than chicken eggs such as turkey, duck, guinea and other eggs;
(14) "last handler" means any person who sells, offers or exposes for sale or distributes eggs to retailers or food purveyors;
(15) "pack date" means the date the eggs were packed which shall be expressed in terms of the month and day or as a julian date;
(16) "packer" means any person who grades, sizes, candles and packs eggs for purpose of sale;
(17) "producer" means any person who exercises control over the production of eggs and disposes of eggs from the output of a flock owned by such person;
(18) "repackaging eggs" means packaging eggs in another carton or container other than the carton in which the eggs were first packed; and
(19) "retailer" means any person selling or offering eggs for sale to consumers and not for resale.
History:
L. 1955, ch. 9, § 1; L. 2000, ch. 57, § 1; L. 2004, ch. 101, § 190; L. 2006, ch. 90, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2502 Standards; tolerances.

2-2502.
Standards; tolerances.
The standards of size and quality of graded eggs shall be those promulgated and adopted by the department as provided in article 5 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto. The tolerances for eggs in any container or bulk lot, as determined by count, of the quality grades "Grade AA," "Grade A," and "Grade B," shall conform to the tolerances adopted by the department as provided by statute.
History:
L. 1955, ch. 9, § 2; L. 2000, ch. 57, § 2; L. 2006, ch. 90, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2503 Violations of act.

2-2503.
Violations of act.
It shall be a violation of this act for any person, other than those exempted by K.S.A. 2-2508, and amendments thereto, to:
(a) Sell graded eggs below the quality of "Grade B";
(b) sell graded eggs that are not labeled on the container to indicate size and quality thereof in boldface type letters not less than 3/8 inch in height;
(c) sell graded eggs without the name and address of either the packer, last handler, retailer or agent by or for whom the eggs were graded, labeled or packed, indicated on the carton or container;
(d) falsely or deceptively label, advertise or invoice eggs;
(e) advertise graded eggs in a manner which indicates price without also indicating the full, correct and unabbreviated designation of size and quality as provided herein;
(f) hold eggs for human consumption at an ambient temperature higher than 45° Fahrenheit after being received at the point of first purchase or assembly;
(g) sell graded eggs in a container which does not bear an inspection fee stamp showing that the inspection fee has been paid thereon unless the person has been issued a permit to pay the inspection fee on a quarterly basis as required by K.S.A. 2-2507, and amendments thereto;
(h) use an inspection fee stamp more than once, or to use a counterfeit thereof;
(i) grade eggs for size and quality for subsequent resale to food purveyors, retailers or consumers without first acquiring a license issued by the secretary for such person's place of business;
(j) fail or neglect to file the quarterly inspection fee report and pay the inspection fee due, as provided in K.S.A. 2-2507, and amendments thereto, or to file a false quarterly inspection fee report of the quantity of eggs sold during any period;
(k) refuse entry to any authorized inspector or employee of the department for the purpose of making inspections under the provisions of this act;
(l) engage in the business of purchasing eggs unless there is posted in a conspicuous place in such place of business every day that such place of business is open for the purchase of eggs the prices which are being paid for each of the various grades of eggs;
(m) offer eggs for sale that have not been candled and graded;
(n) fail to mark all containers with official United States or Kansas grade AA, A or B identification with label to indicate that refrigeration is required, using "keep refrigerated," or words of similar meaning;
(o) sell, offer or expose for sale or distribute eggs in this state without first acquiring a license issued by the secretary for such person's place of business; or
(p) fail to comply with any other provision of this act or any rule or regulation adopted pursuant to this act.
History:
L. 1955, ch. 9, § 3; L. 1971, ch. 7, § 1; L. 2000, ch. 57, § 3; L. 2006, ch. 90, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2504 Enforcement of act; rules and regulations.

2-2504.
Enforcement of act; rules and regulations.
(a) The secretary and inspectors under the supervision and control of the secretary shall enforce the provisions of this act. The department shall adopt such rules and regulations as may be necessary to carry out the provisions of this act.
(b) Any authorized inspector or employee of the department may enter any place of business within the state where any eggs are held and may take for inspection purposes representative samples of such eggs and containers for the purpose of determining whether or not any provisions of this act have been violated.
(c) Any authorized inspector or employee of the department, while enforcing the provisions of this act, may seize and hold as evidence any eggs held to be in violation of any provisions of this act.
History:
L. 1955, ch. 9, § 4; L. 2000, ch. 57, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2505 Sampling of eggs; evidence.

2-2505.
Sampling of eggs; evidence.
The department shall prescribe by rules and regulations methods of selecting samples of lots or containers of eggs that will fairly represent the entire lots or containers sampled. Any sample taken pursuant to this section or an official certificate of the grade shall be prima facie evidence, in any court in this state, of the true condition of the entire lot in the examination of which such sample was taken.
History:
L. 1955, ch. 9, § 5; L. 2000, ch. 57, § 5; L. 2006, ch. 90, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2506 Penalties; injunctions.

2-2506.
Penalties; injunctions.
(a) Any person who violates any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100, nor more than $1,000, or by imprisonment in the county jail for not more than six months, or by both such imprisonment and fine.
(b) The district courts of Kansas shall have jurisdiction to enjoin violations of this act by injunction without the institution of criminal proceedings.
History:
L. 1955, ch. 9, § 6; L. 2000, ch. 57, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2508 Licensure of place of business, fee, exemptions; record retention.

2-2508.
Licensure of place of business, fee, exemptions; record retention.
(a) Any person selling, offering or exposing for sale or distributing or grading eggs in this state shall first obtain a license for such person's place of business from the secretary. A written application for such license or a renewal of such license shall be made on a form supplied by the secretary and shall include payment of an annual license fee to be set by rules and regulations adopted by the secretary, except that such license fee shall not exceed $25. Each license shall expire on December 31 of the year in which issued. Licenses shall not be transferable and shall be posted conspicuously at the place of business for which the license was issued so that the license may be seen by the public and by inspectors of the department of agriculture at any time during business hours. Before any license is renewed, the previous year's licensing fees and, when applicable, inspection fees shall be paid. Any person selling eggs without the required license shall be subject to having the eggs removed from sale until a license is obtained.
(b) Retailers and food purveyors shall be exempt from the licensing fee requirement of subsection (a), but shall be subject to all other requirements of the Kansas egg law.
(c) Licensees and any person required to be licensed under the provisions of this act shall keep and retain for three years such records required to verify the quantity of eggs bought, sold, offered for sale or distributed in this state. Such records shall be available for inspection by the secretary at all reasonable times.
(d) (1) A producer of eggs when selling ungraded eggs of the producer's own flock production is exempted from the provisions of this act if: (A) The producer owns 50 or fewer hens; or
(B) (i) The producer owns more than 50 hens but fewer than 250 hens;
(ii) eggs are washed and clean;
(iii) eggs are prepackaged and labeled as ungraded with the name and address of the producer;
(iv) cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material;
(v) sales are to consumers only; and
(vi) eggs are maintained at a temperature of 45° Fahrenheit or below.
(2) If such producer desires to sell graded eggs, the producer shall be permitted to do so if in compliance with this act.
History:
L. 1955, ch. 9, § 8; L. 1971, ch. 7, § 3; L. 2000, ch. 57, § 8; L. 2006, ch. 90, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2509 Container labeling requirements.

2-2509.
Container labeling requirements.
(a) Each container of eggs shall be labeled with the following information:
(1) The size and quality of eggs which shall be printed in boldface type letters not less than 3/8 inch in height;
(2) the identity of the eggs;
(3) name and address of either the packer, the person for whom the eggs are packed or the retailer if the eggs have been repacked;
(4) the pack date;
(5) safe handling instructions, which shall include the statements:
(A) "Keep refrigerated at or below 45° Fahrenheit," which shall be printed on the outside of the carton; and
(B) "to prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly," which may be printed either on the outside or the inside of the carton; and
(6) the expiration date which shall be preceded by "exp," "sell by," "use by" or similar language.
(b) Such information shall be printed in English, be clearly and conspicuously placed on the outside of the carton except as otherwise provided in this section, and not be false or misleading.
(c) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History:
L. 2006, ch. 90, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2510 Repackaging by retailers, requirements; grounds for loss of privilege.

2-2510. Repackaging by retailers, requirements; grounds for loss of privilege.
(a) A retailer may repackage eggs, including dirty eggs or eggs from containers with broken eggs, located in a store as long as the following requirements are met:
(1) The eggs do not pose a health risk;
(2) the eggs are not subject to an embargo issued by the secretary;
(3) the eggs have not previously been repackaged;
(4) the eggs remain subject to inspection and the requirements of this act;
(5) no container with repackaged eggs is labeled with a declaration of enhanced quality or with any claim that did not appear on the original container;
(6) all eggs with undamaged shells are handled and repackaged employing good manufacturing practices under refrigerated conditions in accordance with United States food and drug administration regulations;
(7) all damaged containers and packaging material identified with the United States department of agriculture grade shield are destroyed;
(8) all damaged eggs are properly segregated to prevent human consumption; and
(9) the eggs satisfy the standards of subsection (b) or (c).
(b) Repackaged eggs may be graded as grade B if the following standards are met:
(1) The eggs meet grade B requirements;
(2) all containers shall have the following labeling requirements printed on the outside of the carton:
(A) Grade B and size;
(B) a statement saying that the eggs have been repackaged by the retailer where the eggs are located;
(C) name and address of the retailer that repackaged the eggs;
(D) a statement containing the phrase, "Keep refrigerated at or below 45° Fahrenheit";
(E) the expiration date that is the earliest expiration date of the repackaged eggs; and
(F) an inspection fee stamp on the carton indicating that the inspection fee has been paid; and
(3) records must be kept and available for inspection on all eggs repackaged by the retailer.
(c) Repackaged eggs may be graded higher than grade B if undamaged eggs are placed only into containers that are already labeled with the same distributor and packer information, including the name, address, Kansas egg license number or United States department of agriculture plant number and packaging code.
(d) Retailers may lose the privilege to repackage eggs if:
(1) The retailer is found postdating repackaged eggs;
(2) the eggs do not meet grade B or higher standards; and
(3) the retailer has violated any other provision of this act.
(e) The provisions of this section shall be a part of and supplemental to the Kansas egg law.
History:
L. 2006, ch. 90, § 8; L. 2018, ch. 14, § 1; L. 2021, ch. 79, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2511 Civil penalties for violations; order of secretary, appeal procedure.

2-2511.
Civil penalties for violations; order of secretary, appeal procedure.
(a) In addition to any other penalty provided by law, any person who violates any provision of this act, and amendments thereto, or any rules and regulations adopted thereunder, may incur a civil penalty of not less than $100 nor more than $500 for each such violation. In the case of a continuing violation, every day such violation continues may be deemed a separate violation.
(b) In determining the amount of the civil penalty, the following shall be taken into consideration:
(1) The potential or actual harm, or both, caused by the violation;
(2) the nature and persistence of the violation;
(3) the length of time over which the violation occurs;
(4) compliance history;
(5) any corrective actions taken; and
(6) any and all other relevant circumstances.
(c) All civil penalties assessed shall be due and payable within 10 days after written notice of assessment is served on the person, unless a longer period of time is granted by the secretary.
(d) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act.
(e) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(f) An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty.
(g) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(h) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History:
L. 2006, ch. 90, § 9; L. 2010, ch. 17, § 14; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2512 License denial, suspension, revocation or modification, grounds.

2-2512.
License denial, suspension, revocation or modification, grounds.
(a) The secretary may deny, suspend, revoke or modify the provisions of any license issued under this act, if the secretary finds, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act, that the applicant, licensee or permit holder has:
(1) Been convicted of or pleaded guilty to a violation of the Kansas egg law, and amendments thereto, or been convicted of or pleaded guilty to a felony under the laws of this state or of the United States, if the department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(2) failed to comply with any provision or requirement of this act or any rule and regulation adopted thereunder, or any of the laws or rules and regulations of any other state or the United States relating to licensing or other provisions concerning eggs; or
(3) had any license, certificate or permit issued to the person under the Kansas egg law, and amendments thereto, or the egg laws of any other state revoked.
(b) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History:
L. 2006, ch. 90, § 10; L. 2010, ch. 60, § 5; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 25 - Kansas Egg Law › 2-2513 Balut; refrigeration and labeling requirements.

2-2513.
Balut; refrigeration and labeling requirements.
(a) Balut must be refrigerated upon removal from incubation and maintained at a refrigerated temperature of 45° Fahrenheit, or less, while transported, stored or held for retail sale.
(b) Each container of balut shall be clearly and conspicuously labeled to inform the consumer that the product is an embryonated egg or such other term or phrase that is informative and not false or misleading.
(c) The provisions of this section shall be part of and supplemental to the Kansas egg law.
History:
L. 2006, ch. 90, § 11; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 27 - Agricultural Hall Of Fame › 2-2701 Acquisition of certain real estate in Wyandotte county by highway commission authorized; purposes; conditions; title; succession by secretary of transportation to commission's right, title and interest in said property.

2-2701.
Acquisition of certain real estate in Wyandotte county by highway commission authorized; purposes; conditions; title; succession by secretary of transportation to commission's right, title and interest in said property.
The state highway commission is hereby authorized and empowered to acquire by purchase or condemnation the following described real estate, together with all improvements thereon: A tract of real estate in the northeast one-fourth (1/4) of section seventeen (17), township eleven (11), range twenty-three (23), bounded on the north by Riverview road and the west by K-7 highway and on the south by the Kansas turnpike north right-of-way lines and on the east by the east section line. Also that portion lying north of the Kansas turnpike right-of-way in the north one-half (1/2) of northwest one-fourth (1/4) of section sixteen (16), township eleven (11), range twenty-three (23), all in Wyandotte county, Kansas, for the purpose of securing a site which will provide: (1) Visual access to the agricultural hall of fame; (2) an area suitable for the location of recreational facilities in connection with such hall of fame; and (3) an area for landscaping adjoining such hall of fame. No purchase or condemnation of such real estate shall be made unless and until the agricultural hall of fame is located on a site adjoining the real estate described herein. Said commission shall acquire fee simple title to such real estate, and if it shall be necessary to condemn any of such real estate, the commission may exercise the power of eminent domain in the acquisition of the fee simple title to such real estate in the manner prescribed in K.S.A. 26-501 to 26-516, inclusive, or acts amendatory thereof, and the legal department of said commission shall institute and prosecute said condemnation proceedings in the name of the state, and if any such real estate shall be acquired by purchase, the abstract of title and the deed conveying the same shall be approved by the attorney general before payment therefor is made; said commission shall record all conveyances of any such real estate in the office of the register of deeds of Wyandotte county which shall thereafter be deposited in the office of the secretary of state. The secretary of transportation shall succeed to all right, title and interest of the highway commission in such property.
History: L. 1959, ch. 326, § 1; L. 1963, ch. 234, § 17; L. 1975, ch. 426, § 24; August 15.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2801 Citation of act.

2-2801.
Citation of act.
This act shall be known and may be cited as the Kansas soil amendment act.
History:
L. 1976, ch. 2, § 1; L. 1985, ch. 14, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2803 Definitions.

2-2803.
Definitions.
As used in this act, unless the context otherwise requires:
(a) "Soil amendment" means and includes any substance which is intended to improve the physical, chemical or other characteristics of the soil or improve agricultural crop production, except that it shall not include the following: Commercial fertilizers, agricultural liming materials including ground and slaked lime, unmanipulated animal manures, vegetable compost and pesticides.
(b) "Name" means the specific designation under which the individual product is offered for sale.
(c) "Bulk" means in nonpackaged form.
(d) "Distribute" means to import, consign, offer for sale, sell, barter or to otherwise supply soil amendments to any person in this state.
(e) "Label" means the display of written, printed or graphic matter upon the immediate container of a soil amendment.
(f) "Unmanipulated animal manures" means the refuse of stables, barnyards or feedlots consisting of animal excreta with or without litter.
(g) "Secretary" means the secretary of agriculture.
(h) "Department" means the Kansas department of agriculture.
(i) "Active ingredient" means the ingredient or ingredients which affect the physical, chemical or other characteristics of the soil and thereby improve soil condition.
(j) "Inert ingredient" means the ingredients which do not have any beneficial effect but are present in the product.
(k) "Person" means individuals, partnerships, associations and corporations.
(l) "Percent" or "percentage" means by weight.
(m) "Registrant" means any person who registers a soil amendment under the provisions of this act.
(n) "Value" means that a product provides statistically established economic benefits to the end user of the product.
(o) "Usefulness" means that there exists data on a product that proves that the product has a beneficial contribution towards the improvement of the physical, chemical or other characteristics of the soil or that the product improves agricultural crop production.
(p) "Agricultural crop production" means the production of field crops commonly grown in Kansas as opposed to horticultural or landscaping stock.
History:
L. 1976, ch. 2, § 3; L. 1980, ch. 2, § 1; L. 1985, ch. 14, § 2; L. 2004, ch. 101, § 53; July 1.