reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1227 Rules and regulations.

2-1227.
Rules and regulations.
The secretary is authorized to adopt rules and regulations:
(a) For the safe handling and storage of commercial fertilizers and fertilizer materials in bulk;
(b) for the establishment of minimum general standards covering the design, construction, location, installation and operation for the storage and handling of commercial fertilizer and fertilizer in bulk and the prevention of commercial fertilizer, fertilizer materials or fertilizer in bulk from being introduced into the ground or surface waters of the state;
(c) for the establishment of minimum general standards covering the design, construction, location and installation of a structure constructed for the purpose of confining any spills or discharged fertilizer or fertilizer material within a specified area;
(d) for the prompt recovery of fertilizer or fertilizer materials spilled within a specified area;
(e) for dates by which the owners or operators, or both, of facilities and equipment subject to the provision of this act and in existence prior to the effective date of this act shall comply with this act;
(f) for the issuance of a stop sale order or stop use order, pursuant to K.S.A. 2-1232; and
(g) for the administration of this act.
History:
L. 1989, ch. 3, § 2; L. 1994, ch. 115, § 3; L. 2004, ch. 101, § 25; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1228 Approval of construction or alteration by the secretary; transferable.

2-1228.
Approval of construction or alteration by the secretary; transferable.
(a) A person beginning construction of or substantial alteration to an existing facility or equipment used for the manufacture, blending, handling or bulk storage of commercial fertilizer or fertilizer materials shall apply to the secretary, on forms provided by the secretary, for approval of such construction or alteration. The person shall provide the secretary with such information as the secretary deems necessary. The secretary shall approve the construction or alteration of the facility or equipment if such construction or alteration is consistent with the standards and other requirements established by rules and regulations under K.S.A. 2-1227, and amendments thereto.
(b) The approval shall be transferable from the owner issued the approval to another owner if the new owner notifies the department within 30 days after the facility has changed ownership. Approval shall not be transferable from one location to another.
(c) The owner or operator of a facility or equipment used for the manufacture, blending, handling or bulk storage of commercial fertilizer or fertilizer materials established prior to the effective date of this act shall obtain the secretary's approval of the facility or equipment according to the dates specified in rules and regulations.
History:
L. 1989, ch. 3, § 3; L. 2004, ch. 101, § 26; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1229 Secretary's right to enter property; notice; compliance.

2-1229.
Secretary's right to enter property; notice; compliance.
For the purposes of administering this act, the secretary or a person or persons designated by the secretary shall have the right to enter private property and to inspect facilities and equipment. It shall be the duty of the secretary or any such designated person or persons to notify the owner or operator of any facility or equipment: (1) Of any defect or deficiency in the construction, installation or operation of any such facility or equipment; and (2) of any defect or deficiency in the safety equipment or in the use thereof. The owner or operator of such facility or equipment may be given a specified reasonable time within which to comply with the rules and regulations.
History:
L. 1989, ch. 3, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1230 Unlawful acts.

2-1230.
Unlawful acts.
It shall be unlawful, and a violation of this act, for any person:
(a) To operate any facilities or equipment unless:
(1) The facilities and equipment are constructed and installed in accordance with the rules and regulations adopted under the provisions of K.S.A. 2-1227, and amendments thereto; and
(2) the facilities and equipment are adequately maintained; and
(3) the facilities and equipment are approved under K.S.A. 2-1228, and amendments thereto.
(b) To use any product container, piping, valve, hose, appurtenances or other equipment for handling and storage of commercial fertilizer and fertilizer materials which is defective or which is otherwise unsafe.
(c) To fail to provide, or fail to have available, for use such safety material and such effective safety equipment, as required by rules and regulations.
(d) To violate any rule and regulation adopted under K.S.A. 2-1227, and amendments thereto.
(e) To impede, obstruct or hinder, or to otherwise prevent or to attempt to prevent, any authorized state personnel or employee in the performance of duties in connection with the administration of this act.
(f) To fail to comply with a stop sale order or stop use order issued pursuant to K.S.A. 2-1232.
History:
L. 1989, ch. 3, § 5; L. 1994, ch. 115, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1231 Penalties; injunction.

2-1231.
Penalties; injunction.
Any person violating or failing to comply with any of the provisions of this act, or any rule and regulation adopted under this act, shall be guilty of a class B misdemeanor. If any person owning or operating a facility or equipment used for manufacture, blending, handling or bulk storage of commercial fertilizer or fertilizer materials fails to make the changes, additions and alterations necessary to correct any defects or to correct the deficiencies, within the specified time as directed, then the county or district attorney of the county in which the facility or equipment is located shall seek an injunction.
History:
L. 1989, ch. 3, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1232 Secretary may issue a stop sale or stop use order; judicial review.

2-1232.
Secretary may issue a stop sale or stop use order; judicial review.
(a) The secretary or a duly authorized representative of the secretary, acting as the enforcing officer, may issue and enforce a written or printed stop sale order or stop use order when there is reason to believe, based on inspections or tests, that the facility or equipment for the transporting, handling, distributing, dispensing, selling, storage or disposal of commercial fertilizer or bulk fertilizer has been, is currently or intends to be in violation of any provision of K.S.A. 2-1226 through 2-1231, and amendments thereto, or the rules and regulations adopted thereunder.
(b) The stop sale order or stop use order shall prohibit further sale of commercial fertilizer or bulk fertilizer or prohibit further use of such facility or equipment for the transporting, handling, distributing, dispensing, selling, storage or disposal of commercial fertilizer or bulk fertilizer, except in accordance with the provisions of the order or on approval of the enforcing officer, until the enforcing officer has evidence that the law and rules and regulations have been complied with and issues a release from the stop sale order or stop use order.
(c) The stop sale order or stop use order may be issued to any person who runs, controls, operates or has custody of any facility or equipment or may be posted in a conspicuous place in, on or about the facility or equipment affected by the order.
(d) Any order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(e) The provisions of this subsection shall not be construed as limiting the right of the enforcing officer to proceed as authorized by other provisions of the statutes contained in article 12 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1994, ch. 115, § 1; L. 2010, ch. 17, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1234 Storage of liquid fertilizers; mobile containers; requirements.

2-1234.
Storage of liquid fertilizers; mobile containers; requirements.
If the secretary of agriculture does not adopt a revised regulation related to storage of liquid fertilizer in mobile containers prior to February 1, 2003, then the requirements provided in K.A.R. 4-4-900 et seq. shall be applicable to each mobile container or combination of mobile containers which has a combined capacity of 2,000 gallons or more which is used to store liquid fertilizer for more than 60 consecutive days.
History:
L. 2002, ch. 144, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1235 Uniformity of fertilizer law; exclusive jurisdiction of state.

2-1235.
Uniformity of fertilizer law; exclusive jurisdiction of state.
(a) On and after the effective date of this section, the provisions of the Kansas fertilizer law, and any rules and regulations promulgated thereunder relating to fertilizer sale or use, including, but not limited to, application of fertilizers, storage of fertilizers, transportation of fertilizers and disposal of fertilizers within the state of Kansas, shall be applicable and uniform throughout this state and in all cities, counties and political subdivisions therein. No local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas fertilizer law unless expressly authorized by law to do so. Any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas fertilizer law is hereby declared to be invalid and of no effect. Any amendment to the Kansas fertilizer law or any amendment of the rules and regulations promulgated thereunder, shall supersede and preempt the conflicting, additional or supplemental provisions of any law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state. As used in this section, "Kansas fertilizer law" means the statutes contained in article 12 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
(b) Nothing in this section shall be construed to preempt or otherwise limit the authority of any city, county or political subdivision therein to adopt and enforce zoning regulations, fire codes or hazardous waste disposal restrictions.
(c) The provisions of this section are part of and supplemental to the Kansas fertilizer law.
History:
L. 2005, ch. 105, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1313a Definitions.

2-1313a. Definitions.
(a) The provisions of article 13 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, and K.S.A. 2-1313a, 2-1314c, 2-1314d and 2-1319a, and amendments thereto, shall be known and may be cited as the noxious weed act.
(b) For the purposes of this act:
(1) "Act" means the noxious weed act;
(2) "certified weed free" means any unprocessed plant product that has been inspected by authorized state officials and found to be free of the reproductive parts of noxious and invasive weeds according to standards set forth by the North American invasive species management association;
(3) "control" means the removal or destruction of the reproductive parts of any noxious weeds before such weeds propagate and spread or whenever required by the secretary or the weed supervisor;
(4) "governing body" means the board, body or persons in which the powers of a political subdivision as a corporate body are vested;
(5) "governmental agency" means the state or any agency or political subdivision thereof or the government of the United States or any agency or instrumentality thereof;
(6) "noxious weed" means any species of plant that the secretary shall declare to be a noxious weed in rules and regulations adopted and promulgated pursuant to this act;
(7) "noxious weed plant material" means any noxious weed plant or plant part that is capable of reproducing sexually or asexually;
(8) "person" means an individual, associations of persons, companies, corporations, the secretary of transportation, boards of county commissioners, township boards, school boards, drainage boards, governing bodies of cities, railroad companies and other transportation companies or corporations or their authorized agents and those supervising state-owned lands;
(9) "political subdivision" means any agency or unit of the state authorized to levy taxes or empowered to cause taxes to be levied;
(10) "secretary" means the secretary of agriculture or the secretary's designated representative;
(11) "state advisory committee" means the state noxious weed advisory committee consisting of 13 voting members and the secretary; and
(12) "weed supervisor" means a person hired by a county, township, city or district and approved by the secretary to enforce the noxious weed act and to control and manage noxious weeds within the supervisor's jurisdiction.
History:
L. 2018, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1314b Noxious weeds; declaration of multiflora rose, bull thistle as noxious authorized.

2-1314b. Noxious weeds; declaration of multiflora rose, bull thistle as noxious authorized.
(a) The board of county commissioners of any county may declare the multiflora rose (Rosa multiflora) or the bull thistle (Cirsium vulgare), or both, to be a noxious weed within the boundaries of such county. In such event, all of the provisions of article 13 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, that pertain to the control and eradication of noxious weeds shall apply to the control and eradication of the multiflora rose or the bull thistle, or both, within any such county.
(b) If the board of county commissioners of any county does not declare the multiflora rose or the bull thistle, or both, to be a noxious weed within the boundaries of such county, a petition requesting the secretary of agriculture to declare the multiflora rose or the bull thistle, or both, to be a noxious weed within the boundaries of such county, signed by not less than 5% of the qualified electors of the county, may be filed with the county election officer of the county. Upon receipt of any such petition, the county election officer shall certify the sufficiency of the petition and submit it to the secretary of agriculture. Thereupon, the secretary of agriculture may declare the multiflora rose or the bull thistle, or both, to be a noxious weed within the boundaries of such county. In such event, all of the provisions of article 13 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, that pertain to the control and eradication of noxious weeds shall apply to the control and eradication of the multiflora rose or the bull thistle, or both, within any such county.
(c) The provisions of this section shall expire on December 1, 2020*.
History:
L. 1982, ch. 2, § 1; L. 1988, ch. 3, § 3; L. 1998, ch. 85, § 4; L. 1998, ch. 85, § 5; L. 2018, ch. 77, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1314c Emergency declarations of noxious weeds.

2-1314c. Emergency declarations of noxious weeds.
(a) The secretary may, by order, make an emergency declaration of noxious weeds if:
(1) A new and potentially harmful species of plant is discovered growing in the state and is verified by the secretary; or
(2) the state is facing a potential influx of harmful species of plant as the result of a natural disaster.
(b) Once a species of plant has been declared a noxious weed under this section, the secretary shall consider such species of plant noxious as provided in K.S.A. 2-1314, and amendments thereto, and take every action and use any means available to control or eradicate such noxious weed as authorized in this act.
(c) The secretary shall not make an emergency declaration for the same species of plant more than once in a five-year period without the recommendation of the state advisory committee.
(d) The emergency declaration of a noxious weed shall remain in effect for the earlier of 18 months, until action can be taken by the secretary to declare the species of plant a noxious weed by rules and regulations, or until the secretary rescinds the emergency declaration.
History:
L. 2018, ch. 77, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1315 Adoption of official methods for the control of noxious weeds; control districts; duties of secretary; cooperation of secretary, county agents and weed supervisors; rules and regulations.

2-1315. Adoption of official methods for the control of noxious weeds; control districts; duties of secretary; cooperation of secretary, county agents and weed supervisors; rules and regulations.
(a) The secretary is hereby empowered to: (1) Establish and adopt official methods for the control and eradication of noxious weeds and to publish such methods; (2) adopt such rules and regulations as in the secretary's judgment are necessary to carry out the provisions of this act; and (3) alter or suspend such rules and regulations when necessary.
(b) The secretary may establish not to exceed five noxious weed control districts within this state and define the boundaries of such districts. Such districts shall be established to provide for the most efficient control and eradication of noxious weeds and for the most economical supervision by the state.
(c) The secretary may consult, advise or render assistance to weed supervisors as to the best and most practical methods of noxious weed control and eradication. It shall be the duty of the county agricultural agent to cooperate with and assist the weed supervisors in an intensive educational program on weed control. The secretary is hereby authorized to enter into agreements with any agencies of the federal government for cooperation in the control and eradication of noxious weeds in Kansas in keeping with the provisions of this act.
History:
L. 1937, ch. 1, § 2; L. 1957, ch. 7, § 1; L. 1965, ch. 435, § 3; L. 2002, ch. 37, § 1; L. 2004, ch. 96, § 1; L. 2018, ch. 77, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1317 Weed supervisors, cooperation with certain entities.

2-1317. Weed supervisors, cooperation with certain entities.
The secretary and the weed supervisor shall confer, at such time or times as seems necessary and advisable, with the secretary of transportation, boards of county commissioners, township boards, school boards, drainage boards, governing bodies of cities, railroad companies and other transportation companies or other corporations, or their authorized agents, and those supervising state-owned lands, as to the extent of noxious weed infestation on their lands, and the control methods deemed best suited to the control and eradication of each kind of noxious weeds within their respective jurisdictions.
History:
L. 1937, ch. 1, § 4; L. 1957, ch. 7, § 3; L. 1967, ch. 4, § 1; L. 1975, ch. 427, § 2; L. 2004, ch. 101, § 28; L. 2018, ch. 77, § 9; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1318 Tax levies by counties, townships and cities; budgeting through township or city general operating fund; use of proceeds; retention of records.

2-1318. Tax levies by counties, townships and cities; budgeting through township or city general operating fund; use of proceeds; retention of records.
(a) On the basis of the annual surveys of infestation required by K.S.A. 2-1316, and amendments thereto, the tax levying body of each county, township or incorporated city shall either make a tax levy each year for the purpose of paying the cost of control and eradication thereof as provided in this act or set aside a portion of the county general fund equivalent to the budget of the noxious weed program. In the case of cities and counties, a portion of the lax* levy may be used to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Each county, city, and township, separately, shall make a levy each year for such purpose. Any township or city may budget expenditures for noxious weed control within its general operating fund in lieu of levying a special tax therefor or maintaining a separate noxious weed eradication fund. Moneys collected from such levy, except for an amount to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, shall be set apart as a noxious weed eradication fund and warrants duly verified by the weed supervisor or city supervisor, if such is employed, or, if no such supervisor is employed, then by the county, township or city clerk, as the case may be, may be drawn against this fund for all items of expense incident to control of noxious weeds in such jurisdiction respectively. Any moneys remaining in the noxious weed eradication fund at the end of any year for which a levy is made under this section shall either be transferred to the noxious weed capital outlay fund for making of capital expenditures incident to the control of noxious weeds or remain in the noxious weed eradication fund for use in the next year.
(b) All records relating to funds received into and spent from both the noxious weed eradication fund and the noxious weed capital outlay fund shall be retained by the county for at least five years and shall be made available to the secretary upon request.
History:
L. 1937, ch. 1, § 5; L. 1957, ch. 7, § 4; L. 1969, ch. 7, § 1; L. 1970, ch. 69, § 1; L. 1973, ch. 3, § 1; L. 1975, ch. 3, § 1; L. 1979, ch. 52, § 22; L. 1982, ch. 5, § 1; L. 1988, ch. 3, § 1; L. 1990, ch. 66, § 12; L. 1999, ch. 154, § 27; L. 2004, ch. 101, § 29; L. 2018, ch. 77, § 10; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1319a Certification of forage, straw or mulch carried onto state land as weed free.

2-1319a. Certification of forage, straw or mulch carried onto state land as weed free.
Any and all alfalfa, grass, hay or other forage, straw or mulch carried onto or used for any purpose within the boundaries of any lands owned or managed by the state and its agencies must be certified weed free.
History:
L. 2018, ch. 77, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1321 Filing of protests; hearings; appeals.

2-1321.
Filing of protests; hearings; appeals.
If any person shall be dissatisfied with the charge made for material or rent of equipment used in the control and eradication of noxious weeds, said person shall, within ten days from the mailing of the account showing such charge, file a protest with the board of county commissioners, who shall hold a hearing thereon and shall have the power to either adjust or affirm such charge. If any person shall be dissatisfied with the decision rendered by the board of county commissioners said person shall within thirty days file a written notice of appeal with the clerk of the district court of the county and thereupon an action shall be docketed in the district court and be tried the same as other actions. Upon the final determination of any change in the account, if any, the county or city clerk shall correct the records in his or her office in accordance therewith.
History: L. 1937, ch. 1, § 8; February 26.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1323 Penalty for violations.

2-1323. Penalty for violations.
Any person, association of persons, corporation, county or city or other official who shall violate or fail to comply with any of the provisions of this act or the rules and regulations adopted pursuant to this act shall be deemed guilty of a class C nonperson misdemeanor and, upon conviction, shall be punished by a fine of $100 per day for each day of noncompliance up to a maximum fine of $1,500.
History:
L. 1937, ch. 1, § 10; L. 1957, ch. 7, § 8; L. 1995, ch. 215, § 1; L. 2018, ch. 77, § 14; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1324 Invalidity of part.

2-1324.
Invalidity of part.
Should it be decided upon final judicial hearing that any section or clause of this act is invalid such decision shall only apply to the section or clause so found to be invalid and shall not invalidate the entire act.
History: L. 1937, ch. 1, § 11; February 26.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1325 Unlawful acts; disposal of screenings and materials.

2-1325.
Unlawful acts; disposal of screenings and materials.
It shall be unlawful for any person, company or corporation to sell, offer for sale, barter, give away or otherwise dispose of any screening or offal material containing seeds of weeds mentioned in K.S.A. 2-1314 unless such screenings and materials shall first have been processed by grinding or other adequate means, and the viability of all such weed seeds therein destroyed provided, unprocessed screenings or offal materials may be sold to a commercial processor or commercial feed mixer for processing.
History:
L. 1945, ch. 3, § 6; March 20.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1326 Same; disposal of infested plants, materials or fertilizers.

2-1326.
Same; disposal of infested plants, materials or fertilizers.
It shall be unlawful for any person, company or corporation to sell, barter or give away nursery stock, plants, packing materials, animal fertilizer and soil or sod for landscaping or fertilizer uses which contains or is infested with noxious weed plant material or seeds.
History:
L. 1945, ch. 3, § 7; March 20.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1327 Same; harvesting and other machines; labeling.

2-1327.
Same; harvesting and other machines; labeling.
It shall be unlawful for any person, company or corporation to (1) bring any harvesting or threshing machinery, portable feed grinders, portable seed cleaners, or field ensilage cutters or other farm vehicles or machinery into the state without first cleaning such equipment free from all weed seed and litter, or (2) to move any harvesting or threshing machines, portable feed grinders, portable seed cleaners or field ensilage cutters from any field or farm infested with any noxious weed without first cleaning such equipment free from all weed seed and litter. Each such machine operated by a person doing work for another shall be labeled with an appropriate label on a form provided by the secretary of agriculture containing this section of the law.
History:
L. 1945, ch. 3, § 8; L. 1957, ch. 7, § 9; L. 2004, ch. 101, § 32; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1328 Same; infested livestock feed material.

2-1328.
Same; infested livestock feed material.
It shall be unlawful for any person, company or corporation to sell or offer for sale, barter or give away any livestock feed material which is infested with seeds of noxious weeds unless such feed material shall first have been processed and the viability of all noxious weed seeds present therein destroyed, except such feeds (1) may be sold for consumption on the same farm where grown or (2) may be sold to commercial processors or commercial feed mixers.
History:
L. 1945, ch. 3, § 9; March 20.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1329 Same; unprocessed livestock feed.

2-1329.
Same; unprocessed livestock feed.
It shall be unlawful for any person, company or corporation to feed to livestock, except on the premises where grown or when purchased from a grower or dealer within the state, any grains, crops or other material containing the seeds of noxious weeds, without first having processed same as to destroy the viability of all such weed seeds.
History:
L. 1945, ch. 3, § 10; March 20.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 13 - Weeds › 2-1330 Entry upon and inspection of property.

2-1330. Entry upon and inspection of property.
(a) Subject to subsection (b), the boards of county commissioners, township boards, state and city officials, weed supervisors or any city, township, county or state employee so authorized shall have at all reasonable times, free access to enter upon such premises, without interference or obstruction to inspect property, both real and personal, regardless of location, in connection with the administration of this act. Entry upon such premises in accordance with this act shall not be deemed a trespass.
(b) Any individual conducting an inspection pursuant to subsection (a) upon private property shall, before or immediately upon entering any such premises:
(1) Attempt to notify, if practicable, the owner, operator or lessee of the premises of the purpose for the inspection; and
(2) allow any such present and notified owner, operator or lessee of the premises, or any representative thereof, to accompany the individual conducting the inspection.
History:
L. 1945, ch. 3, § 11; L. 1957, ch. 7, § 10; L. 2018, ch. 77, § 15; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1416 Testing and labeling required.

2-1416.
Testing and labeling required.
Except as provided in subsection (c) of K.S.A. 2-1421, and amendments thereto, it shall be unlawful for any person to offer or expose for sale, sell or exchange any agricultural seed for planting or seeding purposes that has not been tested and is not labeled. This provision shall apply to grain when sold as such or when sold according to grain standards and the seller knows, or has reason to know, it is to be used for seed.
History:
L. 1935, ch. 4, § 2; L. 1961, ch. 5, § 2; L. 1985, ch. 10, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1417a Identification and labeling requirements for treated seed.

2-1417a. Identification and labeling requirements for treated seed.
(a) Seed that has been treated with an irritating or poisonous substance that is harmful to humans or other vertebrate animals shall be colored or dyed a color that clearly identifies that the seed has been treated and shall be labeled with the following information:
(1) A warning statement that the seed has been treated;
(2) the common, coined, chemical or abbreviated chemical name of the substance applied to the seed; and
(3) a caution statement that reads "treated seed—do not use for food, feed or oil purposes" and for mercurial and similarly toxic substances also includes the word "poison" and a skull-and-crossbones.
(b) If seed has been treated with a substance that is not irritating, poisonous or harmful to humans or other vertebrate animals, the seed shall be labeled with a statement describing the applied substance.
(c) If seed has been treated with an inoculant, the date beyond which the inoculant is not considered effective or the date of the inoculant's expiration shall be included on the label.
(d) A separate label may be used for the information required by this section, or such information may be a component of the main label.
(e) This section shall be a part of and supplemental to the Kansas seed law.
History:
L. 2022, ch. 69, § 10; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1422 Criminal and civil penalties for violations; suspension, revocation or denial of registration; disposition of moneys received.

2-1422. Criminal and civil penalties for violations; suspension, revocation or denial of registration; disposition of moneys received.
(a) Any person who violates any of the provisions of this act shall be deemed guilty of an unclassified misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.
(b) The secretary, after providing notice and an opportunity for a hearing, in accordance with the Kansas administrative procedure act, may suspend, revoke or deny any registration and assess a civil penalty against any person who violates or fails to comply with the requirements of this act, or any rules or regulations adopted hereunder, of not less than $100 nor more than $1,000 per violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
(c) All moneys collected pursuant to this section shall be deposited in the state treasury in accordance with K.S.A. 75-4215, and amendments thereto, and shall be credited to the state general fund.
History:
L. 1935, ch. 4, § 8; L. 1943, ch. 2, § 3; L. 1961, ch. 5, § 5; L. 2022, ch. 69, § 15; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1422a Seizure of mislabeled seed; disposition; court hearing; injunction.

2-1422a. Seizure of mislabeled seed; disposition; court hearing; injunction.
(a) Agricultural seed that is mislabeled shall be considered a common nuisance and shall be subject to seizure and injunction in the manner provided by law.
(b) (1) When a court of competent jurisdiction finds any seed to be in violation of this act and orders the condemnation of such seed, the seed may be denatured, reprocessed, destroyed, relabeled or otherwise disposed of as the court directs.
(2) Before a court orders a disposition of any seed, the defendant shall have an opportunity to be heard and to apply to the court for:
(A) Permission to reprocess or relabel the seed in order to bring such seed into compliance with this act and any rules or regulations applicable thereto; and
(B) a release of such seed.
(3) When the secretary applies to any court for a temporary restraining order or a temporary or permanent injunction to prevent any person from violating or continuing to violate any of the provisions of this act or any rules and regulations adopted pursuant thereto, an order granting or denying the secretary's request shall be issued without bond and without regard to whether any criminal proceeding has been instituted.
History:
L. 1949, ch. 3, § 2; L. 1961, ch. 5, § 6; L. 2022, ch. 69, § 16; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1424 Secretary to report violations of act to prosecuting attorney; attested copies of analysis results.

2-1424. Secretary to report violations of act to prosecuting attorney; attested copies of analysis results.
When the secretary determines that prosecution for a violation of this act or rules and regulations adopted pursuant hereunder is warranted, the secretary shall:
(a) Report the facts supporting such determination to the prosecuting attorney of the county in which the violation was committed; and
(b) furnish that prosecuting attorney with a copy of the results of any analysis or other examination of such agricultural seed. Such results shall be duly attested to by the analyst or other representative of the secretary who performed the analysis or made the examination.
History:
L. 1935, ch. 4, § 10; L. 1961, ch. 5, § 8; L. 2022, ch. 69, § 18; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1426a Records; seed samples.

2-1426a.
Records; seed samples.
Each person whose name appears on the label as handling agricultural seeds subject to this act, shall keep for a period of three (3) years complete records of each lot of agricultural seed handled, and shall keep a file sample of each lot of seed for a period of one (1) year after final disposition of said lot of agricultural seed. All such records and samples pertaining to any shipment of agricultural seed shall be accessible during customary business hours, for inspection by the secretary, or a duly authorized representative of the secretary.
History:
L. 1961, ch. 5, § 12; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1427 Rules and regulations; enforcement of act.

2-1427. Rules and regulations; enforcement of act.
The secretary is hereby empowered to adopt such rules and regulations as the secretary deems necessary to carry out the full intent and meaning of article 14 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto. The secretary is hereby empowered to enforce the provisions of this act and the rules and regulations adopted hereunder.
History:
L. 1935, ch. 4, § 13; L. 1961, ch. 5, § 13; L. 2004, ch. 101, § 37; L. 2022, ch. 69, § 19; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1429 Designation of agencies.

2-1429.
Designation of agencies.
The Kansas state university of agriculture and applied science is hereby authorized to appoint and designate an agency or agencies within the state of Kansas for the purpose of setting certain standards, making requirements and forms of and for the certification of seeds and plant parts intended for propagation or sale or to be sold or offered for sale within the state.
History: L. 1937, ch. 3, § 1; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1430 Persons subject to K.S.A. 2-1429 through 2-1440; certification defined.

2-1430.
Persons subject to K.S.A. 2-1429 through 2-1440; certification defined.
Every person, firm, association, or corporation who shall issue, use or circulate, any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, written or printed or otherwise reproduced presentation or description of or pertaining to seeds or plant parts intended for propagation or sale, or sold or offered for sale wherein the word "Kansas state certified," "state certified," "Kansas certified," "certified," "foundation," "pedigreed," or "registered," or similar words or phrases are used or employed, or wherein are used or employed signs, symbols, maps, diagrams, pictures, words or phrases expressly or impliedly stating or representing that such seeds or plant parts comply with or conform to the standards or requirements recommended or approved by the agency or agencies designated by the Kansas state university of agriculture and applied science of the state of Kansas, shall be subject to the provisions of this act. Every issuance, use or circulation of any certificate or any other instrument, as in this section above described, shall be deemed to be "certification" as that term is employed in this act.
History: L. 1937, ch. 3, § 2; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1431 Agency for certification of specified crop.

2-1431.
Agency for certification of specified crop.
The Kansas state university of agriculture and applied science shall designate not more than one agency for the certification of any one specified crop within the state of Kansas. No certification, within the provisions of this act shall be made except by or on the authority of said Kansas state university of agriculture and applied science.
History: L. 1937, ch. 3, § 3; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1432 Certification in other states recognized.

2-1432.
Certification in other states recognized.
The agency or agencies designated by the Kansas state university of agriculture and applied science may recognize the certification of officially authorized certifying agencies in states and territories other than Kansas and in countries, provinces, and territories other than those under the jurisdiction of the United States government.
History: L. 1937, ch. 3, § 4; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1433 Annual permits.

2-1433.
Annual permits.
The authority of any agency or agencies to issue, make, use or circulate any certificate or evidence of certification as defined in this act shall be indicated by a permit signed by an authorized representative of the Kansas state university of agriculture and applied science. Such permit shall be issued annually and shall become null and void at the expiration of one year after date of issue. Renewal of the permit shall be at the discretion of the Kansas state university of agriculture and applied science.
History: L. 1937, ch. 3, § 5; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1434 Agencies to be self-supporting.

2-1434.
Agencies to be self-supporting.
Certification work, conducted by the agency or agencies designated by the Kansas state university of agriculture and applied science within the state of Kansas shall be on a financially self-supporting basis.
History: L. 1937, ch. 3, § 6; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1435 Same; financial responsibility.

2-1435.
Same; financial responsibility.
The Kansas state university of agriculture and applied science shall not be financially responsible for debts incurred by, damages inflicted by, or contracts broken by a certifying agency.
History: L. 1937, ch. 3, § 7; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1436 Withholding certification, when.

2-1436.
Withholding certification, when.
The agency or agencies designated by the Kansas state university of agriculture and applied science may withhold certification from any grower of seeds or plant parts who is engaged in or attempting to engage in any dishonest practices for the purpose of evading the provisions of this act, including standards, rules and regulations laid down by the agency or agencies designated by the Kansas state university of agriculture and applied science to cover certification.
History: L. 1937, ch. 3, § 8; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1437 Investigations and prosecutions.

2-1437.
Investigations and prosecutions.
The agency or agencies designated by the Kansas state university of agriculture and applied science may call upon the secretary of agriculture to investigate or aid in the investigation and prosecution of any violations of this act. The secretary of agriculture may on the secretary's own initiative investigate and prosecute any violations of the provisions of this act.
History:
L. 1937, ch. 3, § 9; L. 2004, ch. 101, § 38; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1438 Unlawful acts; penalty.

2-1438.
Unlawful acts; penalty.
It shall be unlawful for any person, firm, association or corporation to issue, make, use or circulate any certification, or evidence of certification as defined in this act, without the authority and approval of the duly authorized agency or agencies of the Kansas state university of agriculture and applied science as herein provided. Every person, firm, association, or corporation who shall violate any of the provisions of this act, or any of the rules and regulations based hereon, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding five hundred dollars or a jail sentence of not more than sixty days, or both.
History: L. 1937, ch. 3, § 10; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1439 K.S.A. 2-1415 through 2-1428 not affected.

2-1439.
K.S.A. 2-1415 through 2-1428 not affected.
Nothing contained in this act shall be construed to affect any of the provisions of the Kansas seed law as set forth in K.S.A. 2-1415 to 2-1428, inclusive, and amendments thereto.
History: L. 1937, ch. 3, § 11; February 19.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 14 - Sale And Distribution Of Agricultural Seeds › 2-1450 Uniformity of seed law; exclusive jurisdiction of state.

2-1450.
Uniformity of seed law; exclusive jurisdiction of state.
(a) On and after the effective date of this section, the provisions of the Kansas seed law, and any rules and regulations promulgated thereunder relating to seed sale or use, including, but not limited to, planting, production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification or registration of an agricultural seed within the state of Kansas, shall be applicable and uniform throughout this state and in all cities, counties and political subdivisions therein. No local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas seed law unless expressly authorized by law to do so. Any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas seed law is hereby declared to be invalid and of no effect. Any amendment to the Kansas seed law or any amendment of the rules and regulations promulgated thereunder, shall supersede and preempt the conflicting, additional or supplemental provisions of any law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state. As used in this section, "Kansas seed law" means the statutes contained in article 14 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
(b) Nothing in this section shall be construed to preempt or otherwise limit the authority of any city, county or political subdivision therein to adopt and enforce zoning regulations, fire codes or hazardous waste disposal restrictions.
(c) The provisions of this section are part of and supplemental to the Kansas seed law.
History:
L. 2005, ch. 105, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 16 - Board Of Trade › 2-1601 "Board of trade" defined.

2-1601.
"Board of trade" defined.
The term "board of trade" means and includes any exchange or association, incorporated or not, of persons who are engaged in the business of buying or selling grain or receiving the same for sale on consignment.
History: L. 1925, ch. 6, § 1; February 23.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 16 - Board Of Trade › 2-1602 Dealing in futures.

2-1602.
Dealing in futures.
All transactions in grain, including and involving the sale thereof for future delivery, as commonly conducted on boards of trade, and known as "futures" are affected with a public interest.
History: L. 1925, ch. 6, § 2; February 23.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 16 - Board Of Trade › 2-1603 Contract market.

2-1603.
Contract market.
All boards of trade which have not been designated a contract market by the secretary of agriculture under the act of congress are hereby declared to be and are designated as "a contract market" and affected with a public interest.
History: L. 1925, ch. 6, § 3; February 23.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 16 - Board Of Trade › 2-1604 Membership.

2-1604.
Membership.
No board of trade shall exclude from, or refuse membership therein, nor deny any of the privileges thereof to any duly authorized representative of any lawfully formed and conducted co-operative association of producers, having adequate financial responsibility, which is engaged in cash grain business if such co-operative association has complied with such terms and conditions as are, or may be, imposed lawfully on other members of such board: Provided, That no rule of a board of trade or contract market shall forbid or be construed to forbid the return on any patronage basis by such co-operative association to bona fide members, of moneys collected or made in excess of the expense of conducting the business of such association.
History: L. 1925, ch. 6, § 4; February 23.