reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2148 Cotton pest eradication plan; implementation in coordination with secretary.

2-2148. Cotton pest eradication plan; implementation in coordination with secretary.
If the presence of boll weevils or any other cotton pest is discovered within the state, the board may authorize the development of an eradication plan and implement such plan in coordination with the secretary pursuant to the plant pest and agriculture commodity certification act, K.S.A. 2-2112 et seq., and amendments thereto.
History:
L. 2022, ch. 69, § 5; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2149 Assessment levy on cotton; collection and disposition of assessment moneys; authorized expenditures.

2-2149. Assessment levy on cotton; collection and disposition of assessment moneys; authorized expenditures.
(a) There is hereby levied an assessment set by the board not to exceed $2 per cotton bale. The assessment shall be reviewed, set and communicated annually to growers.
(b) The assessment imposed shall be levied on a grower at the time of deposit at the cotton gin and shall be collected and remitted to the board as follows:
(1) If an in-state cotton gin serves as the selling agent for the cotton products, such cotton gin shall:
(A) Collect the assessment on behalf of the grower at the time of deposit at the gin by deducting the assessment from the ginning price of the cotton as a ginning cost or from any funds advanced for ginning costs;
(B) provide monthly reports to the board on or before the 15th day of each month regarding the assessments collected;
(C) remit all of the assessments collected each month to the board;
(D) provide the board with any other information reasonably requested by the board to ensure the collection of the assessments for each grower; and
(E) provide a copy of the sales invoice or other document evidencing the transaction to the grower that shows the amount of the assessment collected.
(2) If an out-of-state cotton gin is serving as the selling agent for the cotton produced, such gin may, subject to any contract with the board:
(A) Collect the assessment on behalf of the grower at the time of deposit at the gin; and
(B) remit all of the assessments collected each month to the board.
(c) Each cotton gin that is required to collect an assessment pursuant to this section shall forward to the board by June 1 of each year:
(1) An accounting of all assessments collected and paid; and
(2) payment for all assessments previously collected but not paid.
(d) All funds expended by the board in the administration of this act and for the payment of all claims arising out of the performance or neglect of any duties or activities pursuant to this act shall be paid from the proceeds derived from the assessment levied pursuant to this section.
(e) Each bank account used for operating and conducting the boll weevil program's duties shall be secured by pledge of securities in the manner prescribed for state bank accounts under K.S.A. 75-4218, and amendments thereto, or, if such bank account is in an institution outside the state of Kansas, the institution shall be licensed by a state or the federal government.
(f) All money collected from the assessments levied pursuant to this section shall be expended in the administration of this act, and for the payment of claims based upon obligations incurred in the performance of the activities and functions set forth in this act, and for no other purpose.
History:
L. 2022, ch. 69, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2151 Discontinuation of Kansas cotton boll weevil program or activity thereunder; requirements.

2-2151. Discontinuation of Kansas cotton boll weevil program or activity thereunder; requirements.
(a) The boll weevil program, or any activity conducted under the program, may be discontinued upon resolution of the program or such activity and with approval by the secretary, if the board determines that the program or such activity is no longer necessary or reasonable to operate pursuant to this act.
(b) (1) Prior to any such dissolution of the boll weevil program, the board shall file a final report with the secretary, including a financial report, and submit all remaining funds into the Kansas cotton association. Final books of the boll weevil program shall be filed with the secretary and are subject to audit by the secretary.
(2) The secretary shall pay from the boll weevil program remaining funds all of the program's outstanding obligations and may continue to collect assessments until all such obligations are paid.
(3) Funds remaining after payment under paragraph (2) shall be returned to the Kansas cotton association.
(4) The secretary shall provide a final report to the legislature upon conclusion of all activities related to the dissolution of the program.
History:
L. 2022, ch. 69, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2203 Prohibited acts.

2-2203.
Prohibited acts.
(a) It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (1) Any agricultural chemical which has not been registered pursuant to the provisions of K.S.A. 2-2204, and amendments thereto; (2) any agricultural chemical, if any of the claims made for it, or if any of the directions for its use, differ in substance from the representations made in connection with its registration; (3) any agricultural chemical if the composition thereof differs from its composition as represented in connection with its registration, unless within the discretion of the secretary, or an authorized representative of the secretary, a change in the labeling or formula of an agricultural chemical within a registration period, has been authorized, without requiring a reregistration of the product. (4) Any agricultural chemical, unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing the following: (a) The name and address of the manufacturer, registrant, or person for whom manufactured; (b) the name, brand, or trademark of said article and (c) the minimum net weight or measure of the contents except that herbicides shall be labeled to state the net weight of contents. (5) Any agricultural chemical which contains any substance or substances in quantities highly toxic to man, determined as provided in K.S.A. 2-2205, and amendments thereto, unless the label shall bear, in addition to any other matter required by this act: (a) The skull and crossbones; (b) the word "poison" prominently, in red, on a background of distinctly contrasting color; and (c) a statement of an antidote for the pesticide. (6) Any agricultural chemical which is adulterated or misbranded.
(b) It shall be unlawful: (1) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this act, or by regulations promulgated hereunder, or to add any substance to, or take any substance from, an agricultural chemical in any manner which may defeat the purposes of this act. (2) For any person to use for his or her own advantage or to reveal, other than to the secretary or an authorized representative of the secretary, or proper officials or employees of the state or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of K.S.A. 2-2204, and amendments thereto.
History:
L. 1947, ch. 10, § 3; L. 2009, ch. 128, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2205 Determinations after hearings; rules and regulations; uniformity between states and federal government.

2-2205.
Determinations after hearings; rules and regulations; uniformity between states and federal government.
(a) The secretary is authorized, after opportunity for a hearing: (1) To declare as a pest any form of plant or animal life or virus which is injurious to plants, men, domestic animals, articles, or substances; (2) to determine whether agricultural chemicals are highly toxic to man; (3) to determine standards of coloring or discoloring for agricultural chemicals; and (4) to subject agricultural chemicals to the requirements of K.S.A. 2-2203(a)(6), and amendments thereto.
(b) The secretary is authorized, after due public hearing, to make appropriate rules and regulations for carrying out the provisions of this act, including rules and regulations providing for the collection and examination of samples of agricultural chemicals.
(c) In order to avoid confusion endangering the public health and safety resulting from diverse requirements, particularly as to the labeling and coloring of agricultural chemicals and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such products, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such products. To this end the secretary is authorized, after due public hearing, to adopt regulations, applicable to and in conformity with the primary standards established by this act; or as have or may be prescribed by the EPA with respect to agricultural chemicals or pesticides.
History:
L. 1947, ch. 10, § 5; L. 2009, ch. 128, § 5; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2207 Exemptions.

2-2207.
Exemptions.
(a) The secretary may issue a permit for an experimental use pesticide in lieu of registration, as prescribed by rules and regulations adopted by the secretary.
(b) The penalties provided for violations of subsection (a) of K.S.A. 2-2203, and amendments thereto, shall not apply to: (1) Any carrier while engaged in transporting an agricultural chemical within this state, if such carrier, upon request, permits the secretary or the secretary's designated representative or agent to copy all records showing the transactions in and movement of the products; (2) public officials of this state and the federal government engaged in the performance of their official duties; (3) the manufacturer or shipper of an agricultural chemical for experimental use only (A) by or under the supervision of any agency of this state or of the federal government authorized by law to conduct research in the field of agricultural chemicals, or (B) by others if the agricultural chemical is not sold and if the container thereof is plainly and conspicuously marked "for experimental use only not to be sold," together with the manufacturer's name and address. If a written permit has been obtained from the secretary, or an authorized representative of the secretary, an agricultural chemical may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit.
(c) No article shall be deemed in violation of this act when consigned for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported all of the provisions of this act shall apply.
(d) This act shall not limit or abridge in any manner the right of any pharmacist licensed in the state of Kansas to sell chemicals and drugs in broken packages in compliance with the Kansas pharmacy laws.
(e) Any pesticide product that is permitted for distribution and use under the provisions of an emergency exemption shall be exempt from the requirements for registration of the label allowing for use in an emergency.
(f) Any pesticide product label for which the secretary seeks registration under the provisions for special local need (SLN) registration shall be exempt from the registration fee for the remainder of the first year the SLN is in place. A registration fee in an amount fixed by the secretary shall be required for renewal of the SLN registration.
History:
L. 1947, ch. 10, § 7; L. 1986, ch. 231, § 1; L. 2009, ch. 128, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2208 Penalties.

2-2208.
Penalties.
(a) Any person violating K.S.A. 2-2203 (a)(1) shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars and not more than five hundred dollars.
(b) Any person violating any provisions of this act other than K.S.A. 2-2203 (a)(1) or failing to comply with any of the provisions of this act other than K.S.A. 2-2203 (a)(1) or violating or failing to comply with any rule or regulation adopted under the provisions of this act, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars for the first offense and upon conviction for a subsequent offense shall be fined not less than one hundred dollars or more than five hundred dollars for each subsequent offense: Provided, That any offense committed more than five years after a previous conviction shall be considered a first offense. The registration of the article with reference to which the violation occurred shall terminate automatically upon entry of judgment by the court against the violator. An article the registration of which has been terminated may not again be registered unless the article, its labeling, and other material required to be submitted appear to the secretary, or an authorized representative of the secretary, to comply with all the requirements of this act.
(c) Notwithstanding any other provisions of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of K.S.A. 2-2204, he or she shall be fined not more than five hundred dollars or imprisoned for not more than one year or both.
History:
L. 1947, ch. 10, § 8; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2209 Seizures.

2-2209.
Seizures.
(a) Any agricultural chemical that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any court of competent jurisdiction in any county of the state where it may be found and seized for confiscation by process of libel for condemnation if it: (1) Is adulterated or misbranded; (2) has not been registered under the provisions of K.S.A. 2-2204, and amendments thereto; or (3) fails to bear on its label the information required by the agricultural chemical act of 1947.
(b) If the article is condemned, after entry of decree, it shall be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be paid to the state treasurer. The article shall not be sold contrary to the provisions of the agricultural chemical act of 1947. Upon payment of costs and upon the execution and delivery to the clerk of such court, of a good and sufficient bond to be approved by the judge, conditioned that the article shall not be disposed of unlawfully, the court may direct that such article be delivered to the owner thereof for relabeling or reprocessing as the case may be.
(c) When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.
History:
L. 1947, ch. 10, § 9; L. 1992, ch. 314, § 1; L. 2009, ch. 128, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2210 Delegation of duties.

2-2210.
Delegation of duties.
All authority vested in the secretary by virtue of the provisions of this act may with like force and effect be executed by such employees of the Kansas department of agriculture as the secretary may from time to time designate for said purpose.
History:
L. 1947, ch. 10, § 10; L. 2004, ch. 101, § 43; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2211 Cooperation with other agencies.

2-2211.
Cooperation with other agencies.
The secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States department of agriculture, and any other state or agency thereof for the purpose of carrying out the provisions of this act and securing uniformity of regulations.
History:
L. 1947, ch. 10, § 11; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2212 Disposition of moneys received; agricultural chemical fee fund.

2-2212.
Disposition of moneys received; agricultural chemical fee fund.
The secretary shall remit all moneys received by or for the secretary under article 22 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, to the state treasurer in accordance with 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 agricultural chemical fee fund. All expenditures from such 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 the secretary.
History:
L. 1947, ch. 10, § 12; L. 1973, ch. 2, § 7; L. 2001, ch. 5, § 15; L. 2004, ch. 101, § 44; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2213 Invalidity of part.

2-2213.
Invalidity of part.
If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons and circumstances shall not be affected thereby.
History:
L. 1947, ch. 10, § 13; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2214 Jurisdiction over distribution, sale and transportation; emergency situations.

2-2214.
Jurisdiction over distribution, sale and transportation; emergency situations.
(a) Jurisdiction in all matters pertaining to the distribution, sale and transportation of agricultural chemicals is by this act vested exclusively in the secretary, and an authorized representative of the secretary, except as otherwise specifically provided in this act.
(b) The secretary shall have the authority to apply for a permit for pesticide use in emergency situations as provided for under the provisions of section 18 of FIFRA and to apply for special local need registrations under the provisions of subsection (c) of section 24 of FIFRA.
History:
L. 1947, ch. 10, § 14; L. 2009, ch. 128, § 9; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 22 - Agricultural Chemicals › 2-2215 Judicial review of secretary's actions.

2-2215.
Judicial review of secretary's actions.
In addition to any other remedy which may be available, any action of the secretary pursuant to the agricultural chemical act of 1947 is subject to review in accordance with the Kansas judicial review act.
History:
L. 1947, ch. 10, § 15; L. 1986, ch. 318, § 14; L. 2010, ch. 17, § 11; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 23 - Labeling Of Agricultural Products › 2-2301 Definitions.

2-2301.
Definitions.
The term "person" shall mean and include individuals, corporations, associations, receivers, and trustees. The term "agricultural products" shall mean and include products and foods, in raw or processed form which are obtained in whole or in part from plants or domestic animals. Domestic animals shall be construed to include poultry and bees. The term "established standard" shall mean and include a grade and standard which has been adopted and provided for by the United States congress, the Kansas legislature, or by an authorized federal or state agency.
History:
L. 1951, ch. 14, § 1; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 23 - Labeling Of Agricultural Products › 2-2302 Unlawful acts.

2-2302.
Unlawful acts.
It shall be unlawful for any person: (a) To label any agricultural product, or the container thereof, with any grade, standard, designation, words or figures denoting comparative quality which is in any way misleading;
(b) to represent any agricultural product as being of any grade, standard or comparative quality, which representation is in any way misleading;
(c) to move into the state for sale, have in possession for sale, or sell, any agricultural product, which is labeled or represented in any misleading manner as any grade or standard. Nothing in this section shall prohibit any person from using a brand or descriptive term in the labeling of an agricultural product: Provided, Such labeling is not misleading. If an established standard has not been adopted for an agricultural product nothing in this section shall prohibit any person from selling such a product with a label thereon, or on its container, denoting comparative qualities: Provided, That such product is not made in semblance of or imitation of, a product for which an established standard has been adopted.
History:
L. 1951, ch. 14, § 2; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 23 - Labeling Of Agricultural Products › 2-2303 Same; false established standards.

2-2303.
Same; false established standards.
It shall be unlawful for any person to grade any agricultural product, and identify it or its container, with a false established standard. It shall be unlawful for any person to label any agricultural product, or its container, with a false established standard.
History:
L. 1951, ch. 14, § 3; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 23 - Labeling Of Agricultural Products › 2-2304 Nuisances; seizure; injunctions.

2-2304.
Nuisances; seizure; injunctions.
Agricultural products which are moved, or possessed, or exposed for sale, with an incorrect or unlawful label on such product, or its container, shall constitute a common nuisance and such products shall be subject to seizure in the manner as provided by law. Acts and threatened acts in violation of the provisions of this law, and acts amendatory thereof, and supplemental thereto, may be enjoined in a court of competent jurisdiction without any other civil or criminal action being instituted.
History:
L. 1951, ch. 14, § 4; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 23 - Labeling Of Agricultural Products › 2-2305 Penalty.

2-2305.
Penalty.
Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than twenty-five dollars ($25), nor more than five hundred dollars ($500).
History:
L. 1951, ch. 14, § 5; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 23 - Labeling Of Agricultural Products › 2-2306 Administration and enforcement.

2-2306.
Administration and enforcement.
The secretary of agriculture shall be charged with the administration and enforcement of the provisions of article 23 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1951, ch. 14, § 6; L. 1996, ch. 209, § 12; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2439 Administration of act; rules and regulations.

2-2439.
Administration of act; rules and regulations.
The secretary is hereby authorized and empowered to administer and enforce the provisions of this act. The secretary is authorized to promulgate rules and regulations designating certain pesticides as restricted use pesticides.
The secretary shall have the authority, by rules and regulations, to make any additional changes in the classification of restricted use pesticides.
History:
L. 1976, ch. 1, § 2; L. 2004, ch. 101, § 46; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2440a Pesticide business licensee requirements.

2-2440a.
Pesticide business licensee requirements.
(a) A pesticide business licensee applying pesticides for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pests shall ensure that registered pest control technicians who handle, mix or apply pesticides have been trained as provided in this act. The pesticide business licensee shall notify the secretary within 30 days following the date of employment of the employment of a registered pest control technician or a person to be trained as a registered pest control technician. The pesticide business licensee shall ensure that all persons employed by the pesticide business who apply pesticides and who are not registered pest control technicians meet the requirements of this act within 90 days after they are employed. This requirement shall not apply to certified commercial applicators employed by the pesticide business licensee.
(b) This section shall be part of and supplemental to the Kansas pesticide law.
History:
L. 1987, ch. 12, § 3; L. 1988, ch. 7, § 2; L. 2009, ch. 128, § 12; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2440b Pest control technician registration, requirements and fees; unlawful acts.

2-2440b. Pest control technician registration, requirements and fees; unlawful acts.
(a) It shall be unlawful for any pesticide business licensee to apply pesticides for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pests unless the applicator of the pesticide is a certified commercial applicator or is a registered pest control technician, except that an uncertified commercial applicator may apply pesticides when either a certified applicator or registered pest control technician is physically present.
(b) Any such employee applying for a pest control technician registration shall file an application on a form prescribed by the secretary. Application for such registration shall be accompanied by an application fee established by rules and regulations adopted by the secretary, except that such fee shall not exceed $40, except that on and after July 1, 2028, such fee shall not exceed $25, and shall be reduced, but not below zero, by an amount equal to the additional fee paid under K.S.A. 2-2440(b), and amendments thereto, for such uncertified individual.
(c) If the secretary finds the applicant qualified to be a registered pest control technician after meeting the training requirements determined by the secretary in rules and regulations, the secretary shall issue a pest control technician registration that will expire at the end of the calendar year.
(d) This section shall be part of and supplemental to the Kansas pesticide law.
History:
L. 1987, ch. 12, § 2; L. 1988, ch. 7, § 3; L. 2002, ch. 181, § 4; L. 2004, ch. 85, § 4; L. 2009, ch. 128, § 13; L. 2014, ch. 133, § 2; L. 2017, ch. 86, § 4; L. 2022, ch. 9, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2440c Registered pest control technician; training; approval of training materials; maintenance of records verifying training.

2-2440c.
Registered pest control technician; training; approval of training materials; maintenance of records verifying training.
(a) Each registered pest control technician shall have received training, to the extent prescribed by the secretary by rules and regulations in each of the subjects enumerated in K.S.A. 2-2443a, and amendments thereto.
(b) Within 90 days after the effective date of this act, each pesticide business licensee who applies pesticides or causes pesticides to be applied for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pests shall submit its training materials to the secretary for approval. After initial approval, each such pesticide business licensee shall resubmit its training materials for approval every five years. Training materials submitted to the secretary shall be approved or disapproved within 60 days of the date of receipt by the secretary. If the training materials submitted are disapproved, the secretary shall provide the pesticide business licensee within 60 days of receipt of the training materials a written explanation of the reason for such disapproval.
(c) Each pesticide business licensee who applies pesticides or causes pesticides to be applied for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pests shall maintain records to verify that each registered pest control technician employed by such pesticide business licensee has been properly trained. These records shall contain the name of each person who takes the training to become a registered pest control technician, the date or dates of such training, the date the training was completed and any other information required by the secretary. These records shall be maintained for a period of three years after the training has been given. These records shall be made available to the secretary or the secretary's authorized designee upon request.
(d) This section shall be part of and supplemental to the Kansas pesticide law.
History:
L. 1987, ch. 12, § 6; L. 1988, ch. 7, § 4; L. 2009, ch. 128, § 14; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2440d Same; fees.

2-2440d.
Same; fees.
(a) The fee for registration of each registered pest control technician shall be paid by the pesticide business licensee employing the registered pest control technician. The registration shall inure to the benefit of the pesticide business licensee and shall not be transferable.
(b) This section shall take effect and be in force from and after January 1, 1988.
History:
L. 1987, ch. 12, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2440e Pesticide business licensees and pesticide dealers; civil penalties; appeal procedure; deposit of moneys.

2-2440e.
Pesticide business licensees and pesticide dealers; civil penalties; appeal procedure; deposit of moneys.
(a) Any pesticide business licensee or pesticide dealer who violates any of the provisions of K.S.A. 2-2453 or 2-2454, and amendments thereto, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) 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 and, in the case of a continuing violation, every day such violation continues may be deemed a separate violation.
(b) A duly authorized agent of the secretary, upon a finding that a pesticide business licensee or pesticide dealer or any employee or agent thereof or any person or entity required to be licensed as a pesticide business licensee or registered as a pesticide dealer who violates any of the provisions of K.S.A. 2-2453 and 2-2454, and amendments thereto, may impose a civil penalty as provided in this section upon such licensee or dealer.
(c) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the secretary to the pesticide business licensee or pesticide dealer who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such pesticide business licensee or pesticide dealer to appeal to the secretary. Any such licensee or dealer, 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.
(d) 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.
(e) 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.
(f) This section shall be a part of and supplemental to the Kansas pesticide law.
History:
L. 1988, ch. 7, § 5; L. 2001, ch. 5, § 16; L. 2009, ch. 128, § 15; L. 2010, ch. 17, § 12; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2441a Commercial applicator's certificate; exemptions; application and fees; expiration.

2-2441a.
Commercial applicator's certificate; exemptions; application and fees; expiration.
No individual except the following shall use any restricted use pesticide without a commercial applicator's certificate issued by the secretary: (a) Individuals applying restricted use pesticides under a private applicator certification;
(b) employees of a pesticide business licensee using only nonaerial methods of applying pesticides and who work only under the supervision of a certified commercial applicator. The secretary may authorize any certified aerial applicator to apply restricted use pesticides in a category or subcategory other than one in which such applicator is certified under the supervision of an applicator certified in the category or subcategory in which the pesticide is being applied during an emergency situation declared by the secretary with the consent of the governor;
(c) veterinarians or physicians using pesticides as a part of their professional services;
(d) qualified laboratory personnel employed by recognized pesticide research facilities, using pesticides or pest control services while engaged in pesticide use research; and
(e) federal employees using pesticides as a part of their employment by a federal agency which has its own certification program which is the full equivalent of the requirements of this state.
Such a commercial applicator's certificate shall be required in addition to any other license or permit required by law for the operation or use of pesticide application equipment. Any person applying for such commercial applicator's certificate shall file an application on a form prescribed by the secretary. If the secretary finds the applicant qualified to apply pesticides in the categories or subcategories the applicant has applied for after examinations on the same basis as provided for in K.S.A. 2-2443a, and amendments thereto, the secretary shall issue a commercial applicator's certificate limited to the categories or subcategories for which the applicant is qualified, which certificate shall expire at the end of the second calendar year after the year of issue. If a certificate is not issued as applied for, the secretary shall inform the applicant in writing of the reasons for such denial.
History:
L. 1977, ch. 3, § 3; L. 1982, ch. 4, § 9; L. 2002, ch. 181, § 5; L. 2004, ch. 85, § 5; L. 2009, ch. 128, § 16; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2442 Same; temporary permit; examination.

2-2442.
Same; temporary permit; examination.
(a) Any person required to obtain a commercial applicator's certification may apply for a temporary permit. The temporary permit may be used in lieu of the regular certification, described in K.S.A. 1976 Supp. 2-2441*, until the person is scheduled for regular examination. In no event will the period of time for use of a temporary permit exceed sixty (60) days and a second temporary permit for the same category cannot be issued to the same person during the calendar year within which such temporary permit was issued.
(b) Temporary permits may be issued to persons who have:
(1) Completed application on a form prescribed by the secretary;
(2) paid the fees prescribed in K.S.A. 1976 Supp. 2-2441*; and
(3) passed an emergency examination provided to each county extension office by the secretary.
(c) The county extension agent shall make available emergency examinations and give and grade such examinations. The county clerk will be responsible for issuing the temporary permits, collecting the fees and forwarding the fees with necessary informational records to the secretary.
History: L. 1976, ch. 1, § 5; October 21, 1977.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2444a Categories of qualification for certification and licensing; subdivision by secretary.

2-2444a.
Categories of qualification for certification and licensing; subdivision by secretary.
(a) The categories of qualification for certification and licensing shall include:
(1) Agricultural pest control;
(2) forest pest control;
(3) ornamental and turf pest control;
(4) seed treatment;
(5) aquatic pest control;
(6) right-of-way pest control;
(7) industrial, institutional, structural and health related pest control;
(8) public health pest control;
(9) regulatory pest control; and
(10) demonstration and research pest control.
(b) The secretary shall have authority to subdivide any category of qualification for certification or licensing enumerated in subsection (a) of this section in order to account for the special needs or business practices of this state. The secretary may also adopt any additional categories he or she deems necessary for any reason. Any such changes in the categories enumerated in subsection (a) shall be adopted by rules and regulations of the secretary.
History:
L. 1977, ch. 3, § 5; L. 2004, ch. 101, § 47; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2446 Renewal of certification or registration.

2-2446.
Renewal of certification or registration.
(a) A commercial applicator's certification may be renewed for a succeeding three-year period by paying the fees prescribed in K.S.A. 2-2441a, and amendments thereto, passing the examinations provided for in K.S.A. 2-2443a, and amendments thereto, and completing the renewal application form prescribed by the secretary.
(b) In lieu of such examinations, the secretary may accept attendance and satisfactory completion of a training course approved by the secretary. If certification is renewed by training, the renewal application form shall be accompanied by a recertification-by-training fee of $50 per category unless a fee not to exceed $50 is established in rules and regulations adopted by the secretary.
(c) A certified commercial applicator may recertify by training following the expiration of the certification period, if:
(1) All training requirements were completed during the certification period; and
(2) the renewal application form and all appropriate fees were received by the secretary on or before 30 days following expiration of the certification period.
(d) A private applicator's certification may be renewed for a succeeding five-year period by paying the fee prescribed in K.S.A. 2-2445a, and amendments thereto, passing the examination provided for in K.S.A. 2-2445a, and amendments thereto, and completing the renewal application form prescribed by the secretary. Such examination shall be offered by the secretary by mail. County extension agricultural meetings shall include pertinent pesticide information for private applicators.
(e) A pest control technician's registration may be renewed for a succeeding one-year period by paying the fees prescribed in K.S.A. 2-2440b, and amendments thereto, completing the renewal form prescribed by the secretary, and completing any requirements concerning retraining prescribed by rules and regulations.
History:
L. 1976, ch. 1, § 9; L. 1981, ch. 10, § 2; L. 1987, ch. 12, § 4; L. 2009, ch. 128, § 19; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2447 Nonresident applicant for license; consent to action for damages; service of process.

2-2447.
Nonresident applicant for license; consent to action for damages; service of process.
Any nonresident applying for a license under this act to operate in the state of Kansas shall file a written irrevocable consent that any action for damages resulting from the application or misapplication of pesticides and any action to enforce the provisions of any contract providing for the application of pesticides, may be commenced against said nonresident in the proper court of any county in this state in which a cause of action may arise or in which the plaintiff may reside; that service of process upon the secretary of the state of Kansas may be had and that such service of process shall be valid and binding to the same extent as if personal service had been had and obtained upon said nonresident in this state.
History: L. 1976, ch. 1, § 10; October 21, 1977.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2449 Grounds for denial, suspension, revocation or modification of license.

2-2449.
Grounds for denial, suspension, revocation or modification of license.
The secretary may deny, suspend, revoke or modify the provisions of any license, registration, permit or certificate 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, registrant, permit holder or certificate holder has:
(a) Been convicted of or pleaded guilty to a violation of this act, or been convicted of or pleaded guilty to a felony under the laws of this state or of the United States, if the secretary determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(b) 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 pesticide use or control; or
(c) had any license, certificate, registration or permit issued to the person under this act, or the pest control or pesticide use laws of any other state revoked.
History:
L. 1976, ch. 1, § 12; L. 1977, ch. 3, § 7; L. 1984, ch. 313, § 44; L. 2009, ch. 128, § 20; L. 2010, ch. 60, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2450 Suspension of pesticide business license for failure to have surety bond, liability insurance, letter of credit or escrow account or to employ certified commercial applicator.

2-2450. Suspension of pesticide business license for failure to have surety bond, liability insurance, letter of credit or escrow account or to employ certified commercial applicator.
(a) If the surety bond, certificate of liability insurance, letter of credit or proof of an escrow account previously furnished by the licensee expires or is canceled or terminated, the secretary shall suspend without a hearing the pesticide business license until an acceptable substitute surety bond, letter of credit, proof of an escrow account or certificate establishing acceptable replacement of liability insurance is supplied.
(b) If the pesticide business fails to employ one or more commercial applicators certified in each category and subcategory in which the pesticide business makes commercial pesticide applications, the secretary may suspend, without a hearing, the pesticide business license for that category until the pesticide business employs a commercial applicator with the appropriate certification.
History:
L. 1976, ch. 1, § 13; L. 1985, ch. 13, § 2; L. 1994, ch. 199, § 3; L. 2009, ch. 128, § 21; L. 2011, ch. 16, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2452 Appeal of denial, suspension or revocation.

2-2452.
Appeal of denial, suspension or revocation.
The licensee or certificate holder may appeal from the decision and order, in accordance with the provisions of the Kansas judicial review act.
History:
L. 1976, ch. 1, § 15; L. 1977, ch. 3, § 9; L. 1979, ch. 161, § 1; L. 1984, ch. 313, § 46; L. 2010, ch. 17, § 13; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2453 Unlawful acts.

2-2453.
Unlawful acts.
It shall be unlawful for any person to: (a) Except as provided for in K.S.A. 2-2470, use pesticides in a manner which is inconsistent with such pesticide's label or labeling; or
(b) discard or store any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, pollinating insects or waterways and wildlife therein; or
(c) fail to comply with any other provision of this act or any rule or regulation adopted pursuant thereto.
History:
L. 1976, ch. 1, § 16; L. 1977, ch. 3, § 10; L. 1989, ch. 6, § 13; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2456 Registration and marking of equipment.

2-2456.
Registration and marking of equipment.
(a) The secretary may, at his or her discretion, require the registration of any equipment used in the commercial application of pesticides, and any equipment required to be so registered may be marked for identification in a manner prescribed by the secretary. Unannounced inspections may be made without charge to determine if the equipment is properly calibrated and maintained in conformance with laws and rules and regulations, and the secretary may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by rules and regulations.
(b) The secretary may, in his or her discretion, require that any car, truck or other vehicle used for the purpose of applying pesticides or transporting pesticide application equipment or personnel to an application site be marked for identification purposes in a location and manner as the secretary shall prescribe: Provided, That such application is for the purpose of controlling pests in the categories of either (1) ornamental and turf pest control, or (2) industrial, institutional, structural and health related pest control.
History: L. 1976, ch. 1, § 19; October 21, 1977.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 24 - Pest Control › 2-2457a Statement of claim of damage from pesticide application; filing with secretary; forms; effect of failure to file.

2-2457a.
Statement of claim of damage from pesticide application; filing with secretary; forms; effect of failure to file.
(a) Because pesticides have short residual life, a person damaged from pesticide application shall file with * secretary, within 60 days after the date the damage was discovered, a written statement, on a form prescribed by the secretary, claiming that the person has been damaged. The statement shall contain, but shall not be limited to, the name of the person responsible for the application of the pesticide, if known, the name of the owner or lessee of the land on which the pesticide was being applied at the time the alleged damage occurred, if known, and the name of the owner or lessee of the land on which it is alleged that the damage occurred.
(b) The secretary shall prepare a form to be furnished to persons for use in such cases and such forms shall contain such other information as the secretary may deem proper. The secretary shall send a duplicate copy of this statement to the person responsible for the application of the pesticide, if known, and to the owner or lessee of the land to which the pesticide was being applied at the time the alleged damage occurred, if known, or other person who may be charged with the responsibility for the alleged damage.
(c) The failure to file a report pursuant to this section:
(1) Shall create a rebuttable presumption that the alleged damage did not result from the pesticide application;
(2) shall not preclude the maintenance of any criminal or civil action; and
(3) shall not constitute a violation of the Kansas pesticide law.
(d) This section shall be part of and supplemental to the Kansas pesticide law.
History:
L. 1986, ch. 8, § 1; April 17.