reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1002 Bond, conditions; expiration date of license; damage actions; issuance of license after bond given.

47-1002. Bond, conditions; expiration date of license; damage actions; issuance of license after bond given.
(a) The bond required by K.S.A. 47-1001a, and amendments thereto, shall be in the minimum amount of $20,000 for each license year or fraction thereof, but may be a continuous bond. Each license year shall expire on September 30. Such bond shall be conditioned upon compliance by the principal with the provisions of this act and upon the prompt, faithful and honest handling by the principal of such livestock and the prompt remittance of the proceeds from the sale, purchase or exchange thereof to the lawful owner of such livestock. Such bond shall be to the state for the use and benefit of such person or persons as may suffer loss or damage by breach of the condition thereof. If the commissioner is the trustee and custodian of a surety bond or bond equivalent wherein such public livestock market operator is the principal and is operating under the provisions of the packers and stockyards act of 1921 of the United States, the commissioner may accept such bond or bond equivalent in lieu of the one herein otherwise required.
(b) For the purposes of this section, a bond equivalent shall be in one of the following forms:
(1) A trust fund agreement governing funds actually deposited or invested in fully negotiable obligations of the United States of federally-insured deposits or accounts in the name of and readily convertible to currency by a trustee; or
(2) a trust agreement governing funds that may be drawn by a trustee, under one or more irrevocable, transferable, standby letters of credit, issued by a federally-insured bank or institution and physically received and retained by the trustee.
(c) Any producer, consignor or purchaser of livestock claiming to be injured by the breach of any public livestock market operator of any of the terms and provisions of such bond may bring action thereon in district court to recover the damages caused by such breach.
(d) When such bond shall have been given, the commissioner shall thereupon issue to such applicant a license entitling the applicant, if a public livestock market operator, to conduct the business described in the application at the place named therein for a period expiring on September 30 following date of issuance, and for such additional license year periods as the public livestock market operator may be entitled to by reason of the operator's having paid the annual application fee and the proof of the operator's having paid the annual premium upon such continuous bond, or until such license shall have been revoked for cause.
History:
L. 1937, ch. 262, § 2; L. 1939, ch. 224, § 2; L. 1947, ch. 304, § 1; L. 1953, ch. 256, § 1; L. 1965, ch. 333, § 8; L. 1970, ch. 206, § 2; L. 2012, ch. 125, § 12; L. 2021, ch. 99, § 2; May 27.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1002a Release of surety on bond; notice to principal.

47-1002a.
Release of surety on bond; notice to principal.
Any surety on a bond furnished by any community sale dealer, or applicant for community sale dealer's license, shall be released and discharged from any and all liability under said bond accruing on such bond after the expiration of sixty days from the date upon which such surety shall have filed with the commissioner a written request to be released and discharged, but this provision shall not operate to relieve, release, or discharge the surety from any liability already accrued or which shall accrue before the expiration of the sixty-day period. The commissioner, upon receipt of such request, shall promptly notify the principal who furnished the bond and unless the principal shall on or before the expiration of the sixty-day period file with the commissioner a new bond fully complying with the provisions of this act, the commissioner shall forthwith revoke and cancel such community sale dealer's license and notify such dealer.
History:
L. 1947, ch. 304, § 2; August 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1003 Investigations; arrests; access.

47-1003.
Investigations; arrests; access.
For the purpose of enforcing the provisions of this act, the commissioner shall have power to make investigations and arrest any persons found violating this act and shall have, at all reasonable times, free and uninterrupted access to any and all buildings, yards, pens, chutes, or scales in or upon which any of such livestock may be kept, quartered, weighed or handled by any dealer.
History:
L. 1937, ch. 262, § 3; L. 1939, ch. 224, § 3; L. 1984, ch. 313, § 79; July 1, 1985.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1004 Investigation, examination, inspection; hearing; suspension or revocation of license.

47-1004.
Investigation, examination, inspection; hearing; suspension or revocation of license.
The commissioner may investigate, examine or inspect any transaction or happening which may involve a violation or alleged violation of this act or any rule and regulation or order lawfully issued and promulgated by the commissioner thereunder. In the furtherance of any such examination, investigation or inspection, the commissioner may examine that part of the ledgers, books, accounts, memoranda or other documents, scales, measures, livestock and other articles and things used in connection with the business of such person relating to the transactions involved.
The commissioner shall hear the parties in accordance with the provisions of the Kansas administrative procedure act, to such complaint and after the conclusion of any hearing, the commissioner shall enter in the office of the commissioner at Topeka a decision, either dismissing such complaint or specifying the facts established on such hearing, and give notice thereof to the interested parties. If the commissioner determines from the facts specified that the licensee has violated any provisions of this act, the commissioner shall, unless the offender has already made reparation to the person offended, suspend or revoke the license of the licensee.
History:
L. 1937, ch. 262, § 4; L. 1984, ch. 313, § 80; July 1, 1985.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1005 Grounds for refusal, revocation or suspension of license.

47-1005. Grounds for refusal, revocation or suspension of license.
(a) After notice and an opportunity for a hearing, conducted in accordance with the provisions of the Kansas administrative procedure act, the commissioner may refuse to grant a license, or suspend or revoke a license, upon a finding of the existence of any of the following facts:
(1) That any provision of this act, order or rule and regulation lawfully promulgated thereunder by the commissioner has been violated by the licensee;
(2) that the licensee has knowingly received on consignment or sold at a public livestock market any stolen livestock, or mortgaged livestock without authority of the lawful owner or mortgagee;
(3) that the licensee was guilty of fraud or deception in the procurement of such license;
(4) that the licensee has violated the laws of the state, or official regulations governing the interstate or intrastate movement, shipment or transportation of any livestock;
(5) that the licensee fails to practice measures of sanitation, disinfection and inspection, as prescribed by law or by the commissioner, of premises used for yarding, stabling, housing or holding of livestock;
(6) that there has been failure to keep records required by the commissioner or a refusal on the part of the licensee to produce records of transactions in the carrying on of the business for which such license is granted, or that the licensee selling livestock by weight fails or refuses to have livestock handled by such licensee weighed on scales that are regularly inspected and tested for accuracy by duly authorized public authority or authorities;
(7) that there has been failure to make timely remittances of fees due under the act to the commissioner; or
(8) that the licensee has failed to properly maintain custodial accounts or bonds.
(b) Notwithstanding the provisions of subsection (a), nothing shall preclude the commissioner from issuing an emergency order in accordance with K.S.A. 77-536, and amendments thereto, to suspend the license of a public livestock market for the following reasons:
(1) If the bond or bond equivalent as described in K.S.A. 47-1002, and amendments thereto, for a livestock market operator expires or is terminated and no valid replacement bond or bond equivalent has been filed with the commissioner at the time expiration of such surety occurs; or
(2) if a shortage exists in any of the licensee's custodial accounts which the commissioner determines to endanger the public welfare.
History:
L. 1937, ch. 262, § 5; L. 1939, ch. 224, § 4; L. 1965, ch. 333, § 9; L. 1984, ch. 313, § 81; L. 2012, ch. 125, § 13; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1005c Per diem for board members; expenses.

47-1005c.
Per diem for board members; expenses.
The members of the board shall receive for their services a per diem of twenty-five dollars ($25) and subsistence and travel expense.
History:
L. 1965, ch. 333, § 12; June 30.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1007 Report of sales; remittance.

47-1007.
Report of sales; remittance.
The dealer shall, promptly following the sale or exchange of any livestock consigned or delivered to him, transmit or deliver to the producer or consignor a true report of such sales showing the amount sold and the selling price. Remittance in full of the amount realized from such sales, less the commission, if any, that the dealer is entitled to for making such sale and other proper charges, shall accompany such written report of sales.
History:
L. 1937, ch. 262, § 7; June 30.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1009 Dealer to keep books and records; reports to commissioner.

47-1009.
Dealer to keep books and records; reports to commissioner.
Each dealer shall keep such books, records, accounts and memoranda of the business transacted at each community sale conducted and operated by such dealer hereunder, as shall show, among other things, the date on which each lot of livestock was received by the dealer, together with the names of both buyers and sellers thereof, the place of origin of livestock, the make or manufacture and the state license numbers of all vehicles transporting such livestock, together with the names of drivers of such vehicles and the driver's license number and the name of the owner or consignor, signed by owner or consignor, or their agent, to be kept on file at place of business of sale or sales for one year. Each dealer shall also make such reports to the commissioner as to the business transacted, as to the rates and charges for services rendered, as to facilities furnished by the dealer and as to such other matters and things as the commissioner may deem necessary for the effective administration of this act.
History:
L. 1937, ch. 262, § 9; L. 1939, ch. 224, § 6; July 30.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1010 Penalties for unlawful acts.

47-1010. Penalties for unlawful acts.
(a) In addition to the penalties provided in subsection (b), any person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 or more than $1,000, who commits any of the following acts:
(1) Assumes or attempts to act as a public livestock market operator without a license;
(2) imposes false charges for handling or services in connection with livestock handled, sold or offered for sale at a public livestock market;
(3) fails to account promptly, correctly and fully for any livestock sold or handled by him and properly to make settlements therefor;
(4) makes false or misleading statements as to market conditions at any public livestock market conducted or operated by the person making such statement or for whom such individual is in the employment of;
(5) makes any false or misleading statements as to the health or physical condition of the livestock or quantity of livestock shipped or sold; or
(6) fails to comply in any respect with this act and any and all lawful rules, regulations and orders of the commissioner issued and promulgated hereunder.
(b) The commissioner, upon finding that a person has violated any provision of K.S.A. 47-1001 et seq., and amendments thereto, or any rule and regulation adopted thereunder, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act, may impose a civil penalty in an amount not more than $5,000 per violation. For the purposes of this section, violations shall include, but not be limited to, acts recognized in subsection (a) and acts or omissions which are grounds for administrative action pursuant to K.S.A. 47-1005, and amendments thereto.
(c) In the case of a continuing violation, every day such violation continues shall be deemed a separate violation for the purposes of assessing civil penalties therefor. Such civil penalty may be assessed in addition to any other penalty provided by law. The recipient of a civil penalty may appeal the order to the district court in the manner provided by the Kansas judicial review act.
(d) Any penalty recovered pursuant to 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.
History:
L. 1937, ch. 262, § 10; L. 1939, ch. 224, § 7; L. 1947, ch. 304, § 3; L. 1965, ch. 333, § 14; L. 2012, ch. 125, § 15; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1010a Inapplicability of act to certain businesses.

47-1010a.
Inapplicability of act to certain businesses.
Nothing in this act shall in any manner affect any person engaged in the business of buying or assembling livestock for the purpose of shipment to any packinghouse which is subject to regulation under what is commonly known as the packers and stockyards act of 1921, or for shipment to a livestock market where federal veterinary inspection is regularly maintained, or for shipment to a public livestock market.
History:
L. 1965, ch. 333, § 15; June 30.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1011 Fees for sale of livestock; disposition of moneys.

47-1011.
Fees for sale of livestock; disposition of moneys.
(a) The public livestock market operator shall collect from the consignor of horses, mules, cattle, hogs, sheep and goats the fee per head on all such livestock sold at a public livestock market in the amount fixed by the commissioner under this section. The public livestock market operator shall remit to the commissioner on or before the 15th day of each month the amounts collected during the preceding calendar month.
(b) The electronic auction operator shall collect from the consignor of horses, mules, cattle, hogs, sheep and goats the fee per head in an amount fixed by the commissioner under this section on all such livestock sold at an electronic auction if such livestock is located in the state of Kansas. The electronic auction operator shall remit to the commissioner on or before the 15th day of each month the amounts collected during the preceding calendar month.
(c) The fee per head provided for in this section shall be in addition to the inspection fee stated in K.S.A. 47-1008, and amendments thereto, to the license fee payable to the commissioner for licenses mentioned and described in K.S.A. 47-1002, and amendments thereto, and to the fee provided for in K.S.A. 74-534, and amendments thereto.
(d) The commissioner shall determine annually the amount of funds which will be required, in addition to the funds received for fees imposed under K.S.A. 47-1001a and 47-1001e, and amendments thereto, to properly enforce and administer the laws contained in article 10 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, and shall fix and adjust from time to time the fee per head imposed under this section in such reasonable sum as may be necessary for such purposes, except that the fee per head fixed under this section shall not be more than $.25. The fee per head in effect on the day preceding the effective date of this act shall continue in effect until the commissioner fixes a different fee per head under this section.
(e) The commissioner shall remit all moneys received by or for the commissioner under K.S.A. 47-1001a, 47-1001e and this section, 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 animal disease control fund.
History: L. 1937, ch. 262, § 11; L. 1939, ch. 224, § 8; L. 1941, ch. 272, § 1; L. 1959, ch. 229, § 1; L. 1967, ch. 293, § 1; L. 1969, ch. 265, § 1; L. 1970, ch. 206, § 4; L. 1973, ch. 2, § 23; L. 1980, ch. 156, § 1; L. 1986, ch. 197, § 2; L. 1991, ch. 152, § 12; L. 2000, ch. 111, § 9; L. 2001, ch. 5, § 168; L. 2010, ch. 105, § 2; April 22.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1011a Brand inspection fees; additional fees collected, when; disposition of fees; livestock market brand inspection fee fund.

47-1011a. Brand inspection fees; additional fees collected, when; disposition of fees; livestock market brand inspection fee fund.
(a) The public livestock market operator shall collect from the consignor of cattle sold at a public livestock market, where brand inspection of such cattle is requested, by the public livestock market operator, as a brand inspection fee, in addition to amounts specified in K.S.A. 47-1011, and amendments thereto, a sum of not more than $.40 per head on all such cattle. Such amount shall be determined by the animal health commissioner. If a public livestock market operator requests brand inspection at a public livestock market pursuant to this section, the public livestock market operator shall contract with the animal health commissioner to perform such brand inspection services.
(b) The public livestock market operator shall pay all amounts received under this section to the animal health commissioner.
(c) The animal health commissioner shall remit all amounts received under this section 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 livestock market brand inspection 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 animal health commissioner or by a person or persons designated by the commissioner.
History:
L. 1973, ch. 2, § 24; L. 1975, ch. 281, § 1; L. 1982, ch. 223, § 4; L. 1991, ch. 152, § 13; L. 1994, ch. 213, § 3; L. 2001, ch. 5, § 169; L. 2012, ch. 140, § 85; L. 2016, ch. 51, § 15; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1012 Invalidity of part.

47-1012.
Invalidity of part.
If any clause, section, paragraph, or part of this act shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such adjudication shall have taken place.
History:
L. 1937, ch. 262, § 12; June 30.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1013 Inspectors, contract with; reports; fees.

47-1013.
Inspectors, contract with; reports; fees.
(a) The commissioner shall contract with inspectors and such other persons as in the commissioner's judgment may be necessary to properly administer the provisions of this act. Such persons shall be under the direct supervision of the commissioner. The commissioner shall also contract with state brand inspectors as in the commissioner's judgment may be necessary to curtail livestock thefts and assist in the enforcement of the provisions of this act.
(b) The state brand inspectors shall file a report of such inspector's inspections of brands and marks of identification of each sale inspected at the place of inspection, which copy shall be kept for a period of one year from date of filing by the organization conducting such sale.
(c) Fees paid to the state brand inspectors shall be paid out of the fees to be collected as provided in K.S.A. 47-1011a, and amendments thereto.
History: L. 1937, ch. 262, § 13; L. 1939, ch. 224, § 9; L. 1943, ch. 277, § 2; L. 1996, ch. 90, § 9; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 10 - Public Livestock Markets › 47-1014 Injunction remedy for violations.

47-1014. Injunction remedy for violations.
In addition to the remedies provided under K.S.A. 47-1001 et seq., and amendments thereto, the commissioner is hereby authorized to apply to the district court for an injunction restraining any person from violating any provision of K.S.A. 47-1001 et seq., and amendments thereto. Such court, upon a showing of cause therefore, shall have jurisdiction to grant such injunction irrespective of whether or not there exists an adequate remedy at law.
History:
L. 2012, ch. 125, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 11 - Deliveries In Motor Vehicles › 47-1101 Record of sale, purchase or receipt of livestock; exemption.

47-1101.
Record of sale, purchase or receipt of livestock; exemption.
Every person, firm or corporation engaged in the business of buying, purchasing or otherwise receiving livestock from the driver of any auto truck or other motor vehicle shall be required to keep a record of the sale, purchase or receipt of said livestock. The record shall contain the name and post-office address of the driver of the truck or motor vehicle, the license tag thereof, and a description of the livestock. Such record shall be preserved for a period of two years from the date of sale and shall be available to all duly constituted peace officers of this state: Provided, That the provisions of this act are not intended to repeal or modify any of the provisions relating to community sales nor shall this act apply to sales or deliveries of livestock to any person or persons regularly engaged in the business and whose principal business is that of farming or livestock raising.
History:
L. 1941, ch. 273, § 1; June 30.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 11 - Deliveries In Motor Vehicles › 47-1102 Penalties for violations.

47-1102. Penalties for violations.
Any person, firm or corporation violating or failing to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000, by imprisonment in the county jail for not less than 60 days nor more than six months or by both such fine and imprisonment.
History:
L. 1941, ch. 273, § 2; L. 2012, ch. 125, § 16; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1201 Definitions.

47-1201. Definitions.
As used in this act, except where the context clearly indicates a different meaning:
(a) "Commissioner" means the animal health commissioner of the state of Kansas.
(b) "Person" means any individual, partnership, firm, corporation or association.
(c) "Disposal plant" means a place of business or a location where the carcasses of domestic animals or packing house refuse is purchased, received or unloaded and where such carcasses or refuse are processed for the purpose of obtaining the hide, skin, grease, residue, or any other byproduct from the animal or refuse, in any way whatsoever.
(d) "Substation" means a concentration site equipped with at least one storage building and operated and maintained for the temporary deposit or storage of the carcasses of domestic animals pending final delivery of the carcasses to the disposal plant.
(e) "Place of transfer" means a reloading site, authorized for use in direct transferring of carcasses of domestic animals from vehicles making original pickup or loading to a line vehicle for the transportation of the carcasses to the disposal plant.
(f) "Carcasses of domestic animals" means bodies, or any part or portion thereof, of dead domestic animals not slaughtered for human food.
History:
L. 1943, ch. 198, § 1; L. 1947, ch. 305, § 1; L. 1989, ch. 156, § 52; L. 2001, ch. 163, § 4; L. 2012, ch. 140, § 86; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1202 Disposal of dead animals, license for; transportation, permit for.

47-1202.
Disposal of dead animals, license for; transportation, permit for.
It shall be unlawful for any person to engage in the business of operating a disposal plant without first obtaining a license from the commissioner. It shall be unlawful for any person to transport or move upon a public highway carcasses of domestic animals or packing house refuse, except in a vehicle for which a permit has been obtained from the commissioner.
History:
L. 1943, ch. 198, § 2; L. 1947, ch. 305, § 2; March 25.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1203 Application for license; fee.

47-1203.
Application for license; fee.
(a) Application for such license shall be made to the commissioner on forms provided by the commissioner, which application shall set forth: (1) The name and residence of the applicant; (2) the proposed place of business; (3) the location of the proposed disposal plant, all proposed substations and all places of transfer; (4) the particular method which applicant intends to employ in the disposal of such carcasses and packing house refuse; (5) the number and kind of vehicles the applicant intends to use and the proposed methods of operation; and (6) such other information as the commissioner may require.
(b) Each application for license shall be accompanied by a fee in an amount set by the Kansas animal health board and adopted by rules and regulations of the commissioner of not more than $525 for each disposal plant. The fee established by this subsection on the day preceding the effective date of this act shall continue in effect until a different fee is set as provided under this subsection.
History:
L. 1943, ch. 198, § 3; L. 1947, ch. 305, § 3; L. 1980, ch. 156, § 2; L. 1991, ch. 152, § 14; L. 1993, ch. 167, § 4; April 22.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1204 Investigation and inspection.

47-1204.
Investigation and inspection.
Upon a receipt of such application with accompanying fee, the commissioner, or some person appointed and designated by him, shall proceed to inspect the buildings, substations, places of transfer, and equipment which the applicant proposes to use in conducting such business, and the vehicles intended to be used in the transportation of carcasses. The person making such investigation and inspection shall record his findings in writing in the office of the commissioner.
History:
L. 1943, ch. 198, § 4; April 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1205 Findings by commissioner, notice to applicant; license and permit fees; posting of permits.

47-1205.
Findings by commissioner, notice to applicant; license and permit fees; posting of permits.
(a) If the commissioner finds that an applicant is a responsible and suitable person to conduct such business, and that the disposal plant, substations, places of transfer, vehicles, and equipment of such applicant and the methods of operation proposed comply with all the provisions of this act, and with the rules and regulations authorized and adopted under provisions of this act, and that such disposal plants, substations, and places of transfer are located in places approved by the commissioner, the commissioner shall thereupon notify such applicant of such findings.
(b) Upon receipt of such notification, such applicant shall pay to the commissioner the following permit fees: (1) $150 for each substation and (2) $150 for each place of transfer.
(c) Upon receipt of such fees, the commissioner shall issue to such applicant a license for each disposal plant and a permit for each substation and for each place of transfer.
(d) The permit for each substation and place of transfer shall be posted in a conspicuous place on each of such premises.
History:
L. 1943, ch. 198, § 5; L. 1947, ch. 305, § 4; L. 1980, ch. 156, § 3; L. 1991, ch. 152, § 15; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1206 Rejection of application; notice; fee not refunded.

47-1206.
Rejection of application; notice; fee not refunded.
If the commissioner finds that the buildings, substations, equipment, vehicles, places of transfer, and proposed methods of operation do not fully comply with the requirements of this act and the rules and regulations authorized and adopted hereunder, he shall notify the applicant wherein the same fails to so comply. If, within a reasonable time thereafter, to be fixed by the commissioner, the applicant notifies him that such defects are remedied, a second inspection shall be made in the same manner as upon the original application, and not more than two such inspections need be made under one application. In case a license is refused or denied such applicant, no part of the fee paid by him shall be refunded.
History:
L. 1943, ch. 198, § 6; April 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1207 Vehicle permits; application; fee; posting on vehicles.

47-1207.
Vehicle permits; application; fee; posting on vehicles.
(a) Application for a permit for a vehicle, or vehicles, to be used in the transportation of carcasses of domestic animals or packing house refuse on public highways shall be made to the commissioner on forms provided by the commissioner. Each such application shall set forth: (1) The type, make and year model of each vehicle, (2) the area of proposed operations, (3) the name and address of the disposal plant or the disposal plants where proposed deliveries are to be made and (4) such other information as the commissioner may require.
(b) Each such application shall be accompanied by a fee in an amount set by the Kansas animal health board and adopted by rules and regulations of the commissioner of not more than $75 for each such vehicle. The fee established by this subsection on the day preceding the effective date of this act shall continue in effect until a different fee is set as provided under this subsection.
(c) The permit for each vehicle used in the transportation upon public highways of the carcasses of domestic animals or packing house refuse, or approved evidence of such permit, shall be attached to such vehicles in a conspicuous place on the left side of the cab.
History:
L. 1943, ch. 198, § 7; L. 1947, ch. 305, § 5; L. 1980, ch. 156, § 4; L. 1991, ch. 152, § 16; L. 1993, ch. 167, § 5; April 22.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1208 Duration and renewal of licenses and permits.

47-1208. Duration and renewal of licenses and permits.
All licenses and permits issued under this act shall expire on September 30 following date of issuance. All applications for renewal of licenses and permits shall be in compliance with the requirements of this act for the issuance of original licenses and permits.
History:
L. 1943, ch. 198, § 8; L. 2021, ch. 99, § 3; May 27.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1209 Transportation of carcasses of domestic animals and packing house refuse; conditions and limitations.

47-1209.
Transportation of carcasses of domestic animals and packing house refuse; conditions and limitations.
All vehicles used in the transportation upon public highways of the carcasses of any domestic animals or packinghouse refuse, shall conform with the following conditions and limitations:
(1) The carcasses of dead animals or packinghouse refuse, shall be placed in containers or vehicles which are constructed of, or lined with, impervious material, and which do not permit the escape of any liquid;
(2) after original loading, the carcasses of domestic animals shall not be moved from the transporting container or vehicle upon a public highway or in any other place except at the disposal plant, at an authorized substation, or at an authorized place for transfer of carcasses or refuse into line vehicles;
(3) containers and vehicles shall be disinfected each time before leaving a disposal plant, or substation, and the exterior thereof shall be disinfected each time after loading and before entering the public highway, all in conformance with requirements and regulations prescribed by the commissioner;
(4) containers and vehicles used for transporting of carcasses of animals or packinghouse refuse shall not be used for the transportation of live animals except to a licensed disposal plant or the transportation of food or feed for human or livestock consumption until properly cleaned and sterilized.
History:
L. 1943, ch. 198, § 9; L. 1969, ch. 266, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1210 Buildings and disposal plants; specifications.

47-1210.
Buildings and disposal plants; specifications.
All disposal plants, substations, and buildings used in connection therewith shall conform with the following requirements: (1) All floors of buildings shall be constructed of concrete or other impervious material; (2) adequate sanitary drainage must be provided; and all buildings must be so constructed and maintained that no unsterile liquid is permitted to escape openly therefrom. All disposal plants, substations and places of transfer shall be so located, arranged, constructed, and maintained, and the operation so conducted at all times consistent with public health and safety.
History:
L. 1943, ch. 198, § 10; April 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1211 Disposal of carcasses and refuse; requirements; release of portions of carcasses.

47-1211.
Disposal of carcasses and refuse; requirements; release of portions of carcasses.
(a) The operator of a licensed disposal plant shall dispose of the carcasses of domestic animals or packinghouse refuse by complying with the following standards and requirements:
(1) The skinning and dismembering of carcasses of domestic animals shall be performed within the building where the carcasses are processed;
(2) the cooking vats or tanks shall be airtight, except proper escape for live steam;
(3) steam shall be so disposed of as not to be detrimental to public health or safety;
(4) the materials not cooked or entirely consumed by burning within the plant, shall be disposed of:
(A) By burying to such a depth that no part of such carcass shall be nearer than three feet to the surface of the ground, and shall be covered with quick-lime and with at least three feet of earth; or
(B) in such manner as may be prescribed by rules and regulations adopted by the commissioner;
(5) all carcasses of domestic animals or packinghouse refuse shall be disposed of within 48 hours after delivery to the disposal plant;
(6) all carcasses, parts thereof, or refuse under process for marketing shall not be permitted to come in contact with any part of the building or the equipment used in connection with the unloading, skinning, dismembering and grinding of carcasses or refuse as originally received at disposal plant;
(7) the cooking of materials shall be at a temperature of 212° F. (boiling point) for a period of 30 minutes.
(b) The commissioner may issue a release for portions of carcasses of dead animals which are uncooked, or which are cooked for a period shorter than 30 minutes or at a temperature less than 212° F., or both. Such release requires that the products so released shall be identified by freely slashing and covering all exposed surfaces of such products with an edible green dye or other such suitable substance as may be approved by the commissioner. Such products shall otherwise meet the requirements of the Kansas feeding stuffs statute, article 10 of chapter 2, Kansas Statutes Annotated.
History:
L. 1943, ch. 198, § 11; L. 1967, ch. 294, § 1; L. 2001, ch. 163, § 5; May 17.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1212 Animal inspection.

47-1212.
Animal inspection.
The commissioner, or his authorized representatives, shall inspect disposal plants, substations, places of transfer, and vehicles at least once each year, and so often as deemed necessary, and shall have free and uninterrupted access of all such buildings and premises.
History:
L. 1943, ch. 198, § 12; April 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1213 Suspension and revocation of licenses; notice and hearing.

47-1213. Suspension and revocation of licenses; notice and hearing.
The commissioner, after providing notice and opportunity for a hearing in accordance with the Kansas administrative procedure act, shall have power to suspend or revoke any license or permit issued under this act for the failure or refusal of any licensee or permit holder to obey and comply with the provisions of this act and all rules and regulations authorized and adopted thereunder.
History:
L. 1943, ch. 198, § 13; L. 1988, ch. 356, § 154; L. 2012, ch. 125, § 17; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1214 Declaration of construction; "refuse" defined.

47-1214.
Declaration of construction; "refuse" defined.
The provisions of this act shall be construed to apply to the transportation upon public highways of carcasses and refuse, from packing houses or other points of origin to disposal plants or substations. The term "refuse" as used in K.S.A. 47-1201 to 47-1220, inclusive, or any amendments thereto, shall include offal, bones, suet and meat trimmings. The provisions of this act shall not apply to disposal plants operating under the supervision of the United States bureau of animal industry, meat inspection division, or those licensed by the secretary of health and environment, meat inspection division, and processing only packing house refuse received from a packing house operated by the same person or group upon contiguous premises.
History:
L. 1943, ch. 198, § 14; L. 1951, ch. 319, § 1; L. 1975, ch. 462, § 57; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1215 Rules and regulations; filing.

47-1215.
Rules and regulations; filing.
The commissioner may adopt and enforce such reasonable rules and regulations relating to transportation of carcasses of domestic animals and packing house refuse, specifications for disposal plants, substations, places of transfer, equipment and vehicles, and all operations in connection therewith, as the commissioner deems advisable and which are not inconsistent with provisions of this act. All such rules and regulations shall be filed with the secretary of state.
History:
L. 1943, ch. 198, § 15; L. 1988, ch. 366, § 15; June 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1216 Judicial review of commissioner's actions.

47-1216.
Judicial review of commissioner's actions.
Any action of the commissioner is subject to review in accordance with the Kansas judicial review act.
History:
L. 1943, ch. 198, § 16; L. 1986, ch. 318, § 69; L. 2010, ch. 17, § 86; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1217 Penalties for violations; actions.

47-1217. Penalties for violations; actions.
The willful violation of any of the provisions of this act, or the willful failure to comply with any of the provisions of this act, or any of the rules and regulations adopted thereunder, is hereby made a misdemeanor, and any person upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500. It shall be the duty of the attorney general and the various county attorneys, to file suit in a court of competent jurisdiction to enjoin any violation of this act or any rule and regulation authorized and adopted under the provisions of this act.
History:
L. 1943, ch. 198, § 17; L. 2012, ch. 125, § 18; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1218 Disposition of moneys received under article.

47-1218. Disposition of moneys received under article.
(a) All moneys received by the animal health commissioner under article 12 of chapter 47 of Kansas Statutes Annotated, and amendments thereto, 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 animal disease control fund.
(b) On July 1, 1986, the director of accounts and reports shall transfer all moneys in the animal health department fee fund to the animal disease control fund. On July 1, 1986, all liabilities of the animal health department fee fund are hereby imposed upon the animal disease control fund, and the animal health department fee fund is hereby abolished.
History:
L. 1943, ch. 198, § 18; L. 1973, ch. 2, § 25; L. 1986, ch. 197, § 3; L. 2001, ch. 5, § 170; L. 2012, ch. 140, § 87; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1219 Unlawful disposal; penalty.

47-1219. Unlawful disposal; penalty.
(a) Any person or persons who shall put any dead animals, carcasses of such animals or domestic fowl, or any part thereof, into any well, spring, brook, branch, river, creek, pond, road, street, alley, lane other than the person's own private driveway, lot not owned or leased by such person, field not owned or leased by such person, meadow not owned or leased by such person or commonly-owned or public property shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding $500.
(b) Any owner or owners of any dead animals, carcasses of such animals or domestic fowl, or any part thereof, who shall knowingly permit the same to remain in any well, spring, brook, branch, river, creek, pond, road, street, alley, lane other than the person's own private driveway, lot not owned or leased by such person, field not owned or leased by such person, meadow not owned or leased by such person or commonly-owned or public property to the injury of the health or to the annoyance of or damage to the citizens of the state or any of them, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding $500. Every 24 hours the owners shall permit the same to remain thereafter shall be deemed an additional offense.
(c) Persons disposing of dead animals shall do so in one of the following ways: (1) Burial; (2) incineration; (3) delivery or unloading of the carcasses of dead animals or packing house refuse at a disposal plant, substation, rendering plant or place of transfer licensed by the commissioner; (4) composting; or (5) in accordance with rules and regulations adopted pursuant to K.S.A. 65-1,199, and amendments thereto.
History:
L. 1947, ch. 305, § 6; L. 1996, ch. 90, § 10; L. 1998, ch. 143, § 27; L. 2012, ch. 125, § 19; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 12 - Disposal Of Dead Animals › 47-1220 Act inapplicable to movement of certain farm animals; exception.

47-1220.
Act inapplicable to movement of certain farm animals; exception.
The provisions of this act, exclusive of subsection (b) of K.S.A. 47-1219 shall not apply to the movement of the carcasses of cattle and horses from one farm to another, if said carcasses are moved by the person who owned such animals immediately prior to their deaths, and if such animals were not affected with any contagious or infectious disease at the time of their deaths.
History:
L. 1947, ch. 305, § 7; March 25.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 13 - Garbage Restrictions › 47-1301 Garbage defined.

47-1301. Garbage defined.
As used in article 13 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, "garbage" means all waste material derived in whole or in part from the meat of any animal, including fish and poultry, other waste animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking or consumption of food. For the purposes of article 13 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, "garbage" shall not be deemed to include pasteurized dairy products.
History:
L. 1953, ch. 257, § 1; L. 1995, ch. 244, § 2; L. 2012, ch. 125, § 20; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 13 - Garbage Restrictions › 47-1302 Unlawful to feed unprocessed garbage to animals; exceptions.

47-1302. Unlawful to feed unprocessed garbage to animals; exceptions.
(a) Except as provided in subsection (b), it shall be unlawful for any person, firm, partnership or corporation to feed garbage to animals.
(b) Nothing in this section shall prohibit an individual from feeding such individual's own animals only the garbage obtained from such individual's own household.
History:
L. 1953, ch. 257, § 2; L. 1989, ch. 156, § 53; L. 2001, ch. 163, § 6; L. 2012, ch. 140, § 88; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 13 - Garbage Restrictions › 47-1303 Unlawful acts.

47-1303. Unlawful acts.
(a) It shall be unlawful for the governing body of any city, or any official or employee of a city, to enter into any contract or agreement for the collection or disposal of garbage unless such contract or agreement requires a disposal of garbage in accordance with rules and regulations of the state animal health commissioner, when disposed of by other means.
(b) It shall be unlawful for any person to give, sell or transfer garbage to another person, if such person knows that such other person is commercially feeding the garbage to a cloven hoofed animal.
History:
L. 1953, ch. 257, § 3; L. 1989, ch. 156, § 54; L. 2001, ch. 163, § 7; L. 2012, ch. 140, § 89; July 1.