reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-208 Inspections; prohibited acts; penalty for violation.

83-208.
Inspections; prohibited acts; penalty for violation.
The secretary, or an authorized representative of the secretary, may enter any premises or vehicle in or on which any weights, measures, balances or measuring devices may be located or used for the purposes of trade, for the purpose of inspecting, testing and sealing or rejecting the same. Whoever hinders, obstructs, or in any way interferes with the secretary or an authorized representative of the secretary, while in the performance of the inspection, or whoever fails to produce, upon demand by such secretary or authorized representative, all weights, measures, balances or measuring devices in or upon the premises or vehicle of such person or in the possession of such person for use in manufacture or trade, shall be deemed guilty of a class A, nonperson misdemeanor.
History:
L. 1985, ch. 345, § 8; L. 1996, ch. 146, § 16; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-209 Enforcement; orders of secretary.

83-209.
Enforcement; orders of secretary.
(a) If the secretary finds that any package or amount of any commodity is held, offered or exposed for sale in violation of law, the secretary may order them off-sale and may mark or tag them to show they are illegal.
(b) Whenever the secretary finds that any violation of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted under it has occurred, the secretary may issue a stop-use order, stop-sale order, stop-removal order or removal order or any combination of such orders with respect to weights and measures being, or capable of being, commercially used. The secretary may issue stop-sale orders, stop-removal orders or removal orders, or any combination of such orders, with respect to any package or amount of any commodity held, offered or exposed for sale, sold or being delivered if the secretary deems it necessary for the protection of the public.
(c) No person may sell, use, remove, otherwise dispose of, or fail to remove from the premises specified, any weight, measure or package or any amount of any commodity contrary to the terms of any order issued under this section.
(d) This section does not limit the right of the secretary to proceed as authorized by other sections of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.
History:
L. 1985, ch. 345, § 9; L. 1996, ch. 146, § 17; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-210 County or city enforcement; powers and duties of officials.

83-210.
County or city enforcement; powers and duties of officials.
(a) Any county or city in the state may establish a department of public inspection of weights and measures, appoint inspectors of weights and measures and fix their compensation and pass such ordinances relating to weights and measures not in conflict with the state laws as may be deemed necessary. If a county or city establishes such a department it shall provide the department with suitable quarters, a set of secondary standards and all other equipment for the proper performance of duties. All county and city standards shall be tried, proved and sealed under the direction of the secretary, and shall be returned to the secretary for verification at least once in every year.
(b) Any weights and measures official appointed for a county or city shall have the duties enumerated in subsections (e) to (h), inclusive, of K.S.A. 83-206, and amendments thereto, and the powers enumerated in K.S.A. 83-208 and 83-209, and amendments thereto. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. Weights and measures officials appointed for a county or city shall exercise such additional powers as may be granted by the governing body of such county or city, but such additional powers shall not be less than the powers granted to state inspectors of weights and measures under chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and shall not be in conflict with powers granted to the secretary under chapter 83 of the Kansas Statutes Annotated, and amendments thereto.
(c) All departments of public inspection of weights and measures established by cities or counties prior to July 1, 1985, are hereby specifically continued in existence.
History:
L. 1985, ch. 345, § 10; L. 1996, ch. 146, § 18; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-212 Bulk sales delivery ticket; contents.

83-212.
Bulk sales delivery ticket; contents.
All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by rules and regulations of the secretary of agriculture, shall be accompanied by a delivery ticket containing the following information:
(a) The names and addresses of the buyer and seller;
(b) the date of delivery of the product or commodity;
(c) the quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;
(d) the identity of the commodity or product being sold in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale;
(e) the count of individually wrapped packages, if more than one; and
(f) the unit price, unless otherwise agreed on by both the buyer and seller.
History:
L. 1985, ch. 345, § 12; L. 1996, ch. 146, § 19; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-213 Labeling of packages; rules and regulations.

83-213.
Labeling of packages; rules and regulations.
(a) Except as otherwise provided in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or by rules and regulations adopted pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration of:
(1) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;
(2) the quantity of contents in terms of weight, measure or count; and
(3) the name and place of business of the manufacturer, packer or distributor, in the case of any package kept, offered or exposed for sale, or sold in any place other than on the premises where packed.
(b) The secretary of agriculture may adopt rules and regulations which establish reasonable variations or tolerances, prescribe the size of printing of the labeling required and prescribe exemptions of small packages.
History:
L. 1985, ch. 345, § 13; L. 1996, ch. 146, § 20; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-215 Rejection of weighing or measuring device; repair or destruction of device.

83-215.
Rejection of weighing or measuring device; repair or destruction of device.
(a) The secretary is hereby authorized and empowered to reject any weighing or measuring device which is found not to conform to state standards or which is found not to weigh or measure within authorized tolerances.
(b) Service companies or any agent or employee thereof, shall be prohibited from condemning or taking a weighing or measuring device out of service.
(c) Any weighing or measuring device that has been rejected under authority of the secretary shall remain subject to the control of the secretary until such time as suitable and acceptable repair has been made of the same, or an authorized disposition of the same has been approved. An authorized repair period of use not longer than 30 days for purposes of obtaining a repair of the weighing or measuring device by the owner, or a reasonable extension of that period, may be given by the secretary when it is determined that the immediate cessation of use of such weighing or measuring device will work an undue hardship on the person using such device or the patrons of such person. The owner of such rejected weighing or measuring device shall cause the same to be repaired and corrected to weigh or measure within authorized tolerances within 30 days after being rejected, or within such extension as may be authorized, or in lieu thereof, the owner of the same may dispose of or destroy such weighing or measuring device or any rejected weight or measure under specific authority from the secretary.
History:
L. 1985, ch. 345, § 15; L. 1996, ch. 146, § 22; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-216 Same; devices declared to be common nuisance and contraband; action for disposal of device.

83-216.
Same; devices declared to be common nuisance and contraband; action for disposal of device.
(a) Any weight, measure or weighing or measuring device which has been rejected by the secretary and which has not been repaired or restored to weigh or measure within approved tolerances, during any authorized repair period, is hereby declared to be a common nuisance and a contraband device. The secretary may seal the beam or mechanism out of service on any weighing or measuring device, or may take possession of any contraband weight or measure. The secretary shall deliver to the owner or person found in possession of any contraband weight, measure or weighing or measuring device a statement giving the location and description of the weight, measure or weighing or measuring device so sealed or taken.
(b) Any weighing or measuring device which has been sealed out of service by the secretary and which has not been repaired or restored and made to weigh or measure within approved tolerances within 90 days following the date of sealing, or an authorized extension thereof, may be proceeded against by an action, instituted in Shawnee county district court or in the county where such weighing or measuring device is located, for an order for the disposal of such device.
(c) Procedure in regard to the prevention of the maintenance of a common nuisance and procedure for the disposal of any weighing or measuring device may be had in accordance with and in the manner provided for under K.S.A. 41-805 and 41-806, and amendments thereto, and as otherwise authorized by statute.
History:
L. 1985, ch. 345, § 16; L. 1996, ch. 146, § 23; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-217 Damages owed by person using inaccurate, false or rejected device; variations in weight, measure or quantity.

83-217.
Damages owed by person using inaccurate, false or rejected device; variations in weight, measure or quantity.
Any person who is liable to an injured person by reason of any inaccurate, false or rejected weighing or measuring device shall be assessed and adjudged to pay damages in double the amount of property wrongfully taken or not given, and in addition thereto, for punitive damages the additional sum of $25, and reasonable attorney fees, to be recovered in any court of competent jurisdiction. The selling and delivery of a stated quantity of any commodity shall be prima facie evidence of representations on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. A slight variation from the stated weight, measure or quantity, within authorized tolerances, is permissible for individually packaged commodities if such variation is as often over, as it is under, the correct weight, measure or quantity stated.
History:
L. 1985, ch. 345, § 17; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-218 Presumptive proof of regular use of device.

83-218.
Presumptive proof of regular use of device.
For the purposes of this act, proof of the existence of a weight, measure or a weighing or measuring device, in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, in the absence of conclusive evidence to the contrary, shall be presumptive proof of the regular use of such weight, measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle.
History:
L. 1985, ch. 345, § 18; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-220 Penalty for violations.

83-220.
Penalty for violations.
Any person violating any of the provisions of article 2 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or violating any rules and regulations adopted thereunder shall be guilty of a class A, a nonperson misdemeanor.
History:
L. 1985, ch. 345, § 20; L. 1996, ch. 146, § 25; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-221 Dispensing devices and vehicle tanks; inspections, tests, certifications.

83-221.
Dispensing devices and vehicle tanks; inspections, tests, certifications.
All inspections and tests to inspect, test and seal, certify or reject any dispensing device, as defined in K.S.A. 83-401, and amendments thereto, or the capacity of any vehicle tank used in the transportation of liquefied petroleum gas, motor-vehicle fuels or liquid fuels shall be made in compliance with the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and the rules and regulations promulgated thereunder.
History:
L. 1985, ch. 345, § 21; L. 1988, ch. 397, § 8; L. 1989, ch. 163, § 9; L. 1996, ch. 146, § 26; L. 2007, ch. 180, § 3; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-222 Continuation of rules and regulations.

83-222.
Continuation of rules and regulations.
Except as otherwise provided in article 2 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, all rules and regulations adopted under the provisions of article 1 of chapter 83 of the Kansas Statutes Annotated in existence immediately prior to July 1, 1985, shall continue to be effective and shall be deemed to be the rules and regulations of the secretary of agriculture until revised, amended, repealed or nullified pursuant to law.
History:
L. 1985, ch. 345, § 22; L. 1996, ch. 146, § 27; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-223 Action for injunction authorized to restrain or prevent violations.

83-223.
Action for injunction authorized to restrain or prevent violations.
The secretary may bring action in the district court in the name of the state of Kansas for injunction or other process to restrain or prevent a violation of this act.
History:
L. 1985, ch. 345, § 23; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-224 Severability.

83-224.
Severability.
If any part or parts of this act are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History:
L. 1985, ch. 345, § 24; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-225 Scale; authorized removal of rejection tag or other mark.

83-225.
Scale; authorized removal of rejection tag or other mark.
(a) A licensed service company shall be authorized to remove an official rejection tag or other mark placed on a scale by authority of the secretary for the purpose of testing or repairing any scale.
(b) After the test is conducted and necessary repairs are completed, the service company shall place the weighing and measuring device in service and shall notify the secretary of such within the time periods established by the secretary pursuant to rules and regulations adopted hereunder.
(c) When a scale cannot be repaired properly, the service company shall replace the rejection tag or other mark with a substitute rejection tag or other mark supplied by the department and shall notify the secretary within the time period as established by the secretary pursuant to rules and regulations adopted hereunder.
(d) This section shall apply to new and used scales.
(e) This section shall be supplemental to and part of the act appearing in article 2 of chapter 83 of Kansas Statutes Annotated. Administrative or civil penalties specified in K.S.A. 83-220, and amendments thereto, shall apply to violations of this section.
History:
L. 1986, ch. 398, § 1; L. 1988, ch. 398, § 10; L. 1996, ch. 146, § 28; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-301 Definitions.

83-301.
Definitions.
As used in K.S.A. 83-301 through 83-325, and amendments thereto:
(a) "Weighing and measuring device" means any scales, liquefied petroleum gas meter or vehicle tank meter used for commercial weighing or measuring of commodities;
(b) "person" means any individual, agent or employee of a service company, partnership, association, corporation or governmental agency;
(c) "place of business" means any location from which a scale testing and service company, or one or more representatives or employees thereof, sell and perform services for the purpose of testing, repairing, adjusting or calibrating scales;
(d) "technical representative" means an individual who conducts any of the following: Installs, repairs, adjusts, calibrates or certifies the accuracy of, a weighing and measuring device;
(e) "secretary" means the secretary of agriculture or an authorized representative of the secretary;
(f) "service company" means a company which is in the business of any of the following: Installing, examining, calibrating, testing, repairing or adjusting weighing and measuring devices but such term does not include a technical representative unless the technical representative is the owner of such service company;
(g) "vehicle tank meter" means those meters mounted on vehicle tanks used for the measurement and delivery of petroleum products; and
(h) "liquefied petroleum gas" means commercial propane and such commercial butane as is used for heating fuel.
History:
L. 1985, ch. 343, § 1; L. 1988, ch. 398, § 1; L. 1990, ch. 364, § 7; L. 1996, ch. 146, § 29; L. 2004, ch. 4, § 1; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-303 Rules and regulations of secretary of agriculture; access to private premises by secretary.

83-303.
Rules and regulations of secretary of agriculture; access to private premises by secretary.
(a) The secretary of agriculture may adopt, amend and revoke reasonable rules and regulations concerning:
(1) Standards of workmanship for technical representatives and service companies;
(2) requirements for contractual responsibilities and fulfillment of agreements by service companies;
(3) maintenance and furnishing of reports and information necessary for the secretary to carry out the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder; and
(4) other matters necessary for the administration of the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.
(b) For purposes of inspection, the secretary may enter upon private premises during normal business hours so as to inspect a weights and measures device or to inspect the installation, or repair or service reports the owner of the device or the service company is required to keep pursuant to chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder or to perform any other lawful act as set out in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder.
History:
L. 1985, ch. 343, § 3; L. 1988, ch. 398, § 3; L. 1996, ch. 146, § 31; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-305 Test of scale for accuracy by secretary, when.

83-305.
Test of scale for accuracy by secretary, when.
When the secretary has been notified by a licensed service company, by an authorized representative of the secretary or by a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, that a weighing and measuring device does not comply with tolerances and specifications adopted by the secretary, by rule and regulation, then the secretary may test the weighing and measuring device for accuracy after repairs have been made.
History:
L. 1985, ch. 343, § 5; L. 1988, ch. 398, § 5; L. 1990, ch. 365, § 4; L. 1996, ch. 146, § 33; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-307 Railroad track scales exempt from act.

83-307.
Railroad track scales exempt from act.
Chapter 83 of the Kansas Statutes Annotated, and amendments thereto, does not apply to a railway track scale used exclusively for the weighing of commodities on railroad vehicles.
History:
L. 1985, ch. 343, § 7; L. 1996, ch. 146, § 34; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-308 Grounds for revocation of, suspension of, failure to renew or failure to issue a license.

83-308.
Grounds for revocation of, suspension of, failure to renew or failure to issue a license.
At any time after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act, the secretary may revoke, suspend, decline to renew or decline to issue a service company license or technical representative's license, when the service company or technical representative:
(a) Has refused to provide the secretary with reasonably complete and accurate information regarding methods used, materials used or work performed as required by the secretary;
(b) has failed to comply with any provision or requirement of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder;
(c) has failed to perform work in a manner consistent with the standards set forth in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder; or
(d) has committed an unlawful act as established in K.S.A. 83-219, and amendments thereto.
History:
L. 1985, ch. 343, § 8; L. 1988, ch. 398, § 7; L. 1990, ch. 366, § 1; L. 1996, ch. 146, § 35; L. 2010, ch. 60, § 11; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-311 Penalty for violations.

83-311.
Penalty for violations.
Any person violating or failing to comply with any of the provisions of K.S.A. 83-301 through 83-311 and K.S.A. 83-321 through 83-325, and amendments thereto, or violating or failing to comply with any authorized rules and regulations of the secretary adopted thereunder, shall be deemed guilty of a class A nonperson misdemeanor. Each separate violation shall be a separate misdemeanor.
History:
L. 1985, ch. 343, § 11; L. 1996, ch. 146, § 36; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-322 Same; transfer of officers and employees; retention of benefits and rights; service deemed continuous.

83-322.
Same; transfer of officers and employees; retention of benefits and rights; service deemed continuous.
On the effective date of this act, officers and employees who immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, and who in the opinion of the secretary of agriculture, are necessary to perform the powers, duties and functions of the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, shall be transferred to and shall become officers and employees of the state department of agriculture. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous.
History:
L. 1990, ch. 364, § 9; L. 1996, ch. 146, § 38; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-323 Same; resolution of conflicts by governor; succession to property and records.

83-323.
Same; resolution of conflicts by governor; succession to property and records.
(a) When any conflict arises as to the disposition of any property, power, duty or function, or the unexpended balance of any appropriation, as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor whose decision shall be final.
(b) The state department of agriculture shall succeed to all property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of agriculture. Any conflict as to the proper disposition of property or records arising under this section and resulting from the transfer, attachment or all or part of the powers, duties and functions of the director of the Kansas state grain inspection department shall be determined by the governor whose decision shall be final.
History:
L. 1990, ch. 364, § 10; L. 1996, ch. 146, § 39; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-324 Same; civil and criminal actions saved.

83-324.
Same; civil and criminal actions saved.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced by or against the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties shall abate by reason of the transfers effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the secretary of agriculture or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1990, ch. 364, § 11; L. 1996, ch. 146, § 40; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-325 Same; transfer of appropriations; assumption of liability for compensation of transferred officers and employees.

83-325.
Same; transfer of appropriations; assumption of liability for compensation of transferred officers and employees.
(a) On the effective date of this act, the balance of all funds appropriated and reappropriated to the director of the Kansas state grain inspection department, the actual inspection of scales and other weighing and measuring devices with regard to the Kansas grain inspection laws is hereby transferred to the state department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this act, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date were engaged in the performance of powers, duties or functions of any state agency or officer transferred by this act, or which becomes a part of the state department of agriculture or the powers, duties and functions of which are transferred to the secretary of agriculture, shall be assumed and paid by the state department of agriculture.
History:
L. 1990, ch. 364, § 12; L. 1996, ch. 146, § 41; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 3 - Scales › 83-326 Severability clause.

83-326.
Severability clause.
If any part of this act are [is] held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History:
L. 1996, ch. 146, § 42; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 4 - Dispensing Devices › 83-401 Definitions.

83-401.
Definitions.
As used in K.S.A. 83-401 et seq. and 83-501 et seq., and amendments thereto:
(a) "Dispensing device" means a motor-vehicle fuel or liquid fuel dispensing pump, meter or other similar measuring device and shall include any device which dispenses refined or blended gasoline or diesel fuel product. This definition shall not include liquefied petroleum meters;
(b) "person" means any individual, agent, technical representative, partnership, association, corporation or governmental agency but does not include the secretary;
(c) "secretary" means the secretary of agriculture, the secretary's authorized representative or the secretary's authorized inspector;
(d) "place of business" means any location from which a testing service, or one or more representatives or employees thereof, sell and perform services for the purpose of testing, repairing, adjusting, measuring or calibrating dispensing devices;
(e) "technical representative" means an individual who is responsible for the proper installation, repair, adjustment or calibration and certification of the accuracy of such dispensing devices; and
(f) "service company" means a company which is in the business of examining, calibrating, testing, repairing and adjusting of dispensing devices but such term does not include a technical representative unless the technical representative is the owner of such service company.
History:
L. 1985, ch. 344, § 1; L. 1988, ch. 397, § 1; L. 1989, ch. 163, § 10; L. 1996, ch. 105, § 16; L. 2007, ch. 180, § 4; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 4 - Dispensing Devices › 83-403 Same; rules and regulations of secretary of agriculture; access to private premises by state sealer.

83-403.
Same; rules and regulations of secretary of agriculture; access to private premises by state sealer.
(a) The secretary of agriculture with the recommendation of the state sealer may adopt, amend and revoke reasonable rules and regulations concerning:
(1) Standards of workmanship for testing services;
(2) requirements for contractual responsibilities and fulfillment of agreements by testing services;
(3) furnishing of reports and information necessary for the state sealer to carry out the provisions of K.S.A. 83-401 to 83-410, inclusive, and amendments thereto; and
(4) other matters necessary for the administration of the provisions of K.S.A. 83-401 to 83-410, inclusive, and amendments thereto.
(b) For purposes of inspection, the state sealer or authorized representatives of the state sealer may enter upon private premises with consent of the occupant.
History:
L. 1985, ch. 344, § 3; L. 2004, ch. 101, § 154; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 4 - Dispensing Devices › 83-405 Test of dispensing device for accuracy by secretary, when.

83-405.
Test of dispensing device for accuracy by secretary, when.
When the secretary is notified by a licensed service company, an authorized representative of the secretary or by a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, that a dispensing device does not comply with tolerances and specifications adopted by the secretary, by rules and regulations, the secretary may test for accuracy after repairs have been made.
History:
L. 1985, ch. 344, § 5; L. 1988, ch. 397, § 4; L. 1989, ch. 163, § 20; L. 1990, ch. 365, § 7; L. 1996, ch. 105, § 19; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 4 - Dispensing Devices › 83-407 Grounds for revocation of, suspension of, failure to renew or failure to issue a license.

83-407.
Grounds for revocation of, suspension of, failure to renew or failure to issue a license.
At any time after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act, the secretary may revoke, suspend, decline to renew or decline to issue a service company license or a technical representative's license, when the service company or technical representative:
(a) Has refused to provide the secretary with reasonably complete and accurate information regarding methods used, materials used or work performed;
(b) has failed to comply with any provision or requirement of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder;
(c) has failed to perform work in a manner consistent with the standards set forth in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder; or
(d) has committed an unlawful act pursuant to K.S.A. 83-219, and amendments thereto, or any rules and regulations adopted thereunder.
History:
L. 1985, ch. 344, § 7; L. 1988, ch. 397, § 6; L. 1990, ch. 366, § 2; L. 1996, ch. 105, § 20; L. 2010, ch. 60, § 12; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 4 - Dispensing Devices › 83-409 Unlawful acts.

83-409.
Unlawful acts.
It is unlawful for any person, other than the secretary or an authorized representative of a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, to: (a) Commit any unlawful act pursuant to K.S.A. 83-219, and amendments thereto; or
(b) violate any of the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder.
History:
L. 1985, ch. 344, § 9; L. 1988, ch. 397, § 7; L. 1989, ch. 163, § 11; L. 1990, ch. 365, § 8; L. 1996, ch. 105, § 21; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 4 - Dispensing Devices › 83-410 Penalty for violations.

83-410.
Penalty for violations.
Any person violating or failing to comply with any of the provisions of K.S.A. 83-401 through 83-410, and amendments thereto, or violating or failing to comply with any authorized rules and regulations of the secretary adopted thereunder, shall be deemed guilty of a class A, nonperson misdemeanor. Each separate violation shall be a separate misdemeanor.
History:
L. 1985, ch. 344, § 10; L. 1996, ch. 105, § 22; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 4 - Dispensing Devices › 83-411 Severability clause.

83-411.
Severability clause.
If any part of this act are [is] held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History:
L. 1996, ch. 105, § 23; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 5 - Civil Penalties › 83-501 Civil penalties for violation of chapter 83.

83-501.
Civil penalties for violation of chapter 83.
(a) In addition to any other penalty provided by law, any person who violates any provision of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder, may incur a civil penalty imposed under subsection (b) in the amount, fixed by rules and regulations of the secretary of agriculture, of not less than $100 nor more than $5,000 for each such violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) In determining the amount of the civil penalty, the following shall be taken into consideration: (1) The extent of harm caused by the violation; (2) the nature and persistence of the violation; (3) the length of time over which the violation occurs; (4) any corrective actions taken; and (5) any and all relevant circumstances.
(c) All civil penalties assessed shall be due and payable within 10 days after written notice of assessment is served on the person, unless a longer period of time is granted by the secretary. If a civil penalty is not paid within the applicable time period, the secretary may file a certified copy of the notice of assessment with the clerk of the district court in the county where the weighing and measuring device or dispensing device is located. The notice of assessment shall be enforced in the same manner as a judgment of the district court.
(d) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the secretary to the person who committed the violation or to the person whose agent or employee committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(e) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(f) An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty.
(g) Any civil penalty recovered pursuant to the provisions of this section or recovered under the consumer protection act for violations of any provision of K.S.A. 83-219, 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 weights and measures fee fund.
History:
L. 1996, ch. 105, § 2; L. 2001, ch. 5, § 485; L. 2010, ch. 17, § 223; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 5 - Civil Penalties › 83-502 Same; civil penalties.

83-502.
Same; civil penalties.
(a) In addition to any other penalty provided by law, any person who violates any provision of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder, may incur a civil penalty imposed under subsection (b) in the amount, fixed by rules and regulations of the secretary of agriculture, of not less than $100 nor more than $5,000 for each such violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) In determining the amount of the civil penalty, the following shall be taken into consideration: (1) The extent of harm caused by the violation; (2) the nature and persistence of the violation; (3) the length of time over which the violation occurs; (4) any corrective actions taken; and (5) any and all relevant circumstances.
(c) All civil penalties assessed shall be due and payable within 10 days after written notice of assessment is served on the person, unless a longer period of time is granted by the secretary. If a civil penalty is not paid within the applicable time period, the secretary may file a certified copy of the notice of assessment with the clerk of the district court in the county where the weighing and measuring device or dispensing device is located. The notice of assessment shall be enforced in the same manner as a judgment of the district court.
(d) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the secretary to the person who committed the violation or to the person whose agent or employee committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(e) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(f) An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty.
(g) Any civil penalty recovered pursuant to the provisions of this section or recovered under the consumer protection act for violations of any provision of K.S.A. 83-219, 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 weights and measures fee fund.
History:
L. 1996, ch. 146, § 1; L. 2001, ch. 5, § 486; L. 2010, ch. 17, § 224; July 1.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-101 Short titles.

84-1-101.
Short titles.
(a) This act may be cited as the uniform commercial code.
(b) This article may be cited as uniform commercial code — general provisions.
History:
L. 2007, ch. 89, § 1; July 1, 2008.
Revisor's Note:
Former section 84-1-101 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-102 Scope of article.

84-1-102.
Scope of article.
This article applies to a transaction to the extent that it is governed by another article of the uniform commercial code.
History:
L. 2007, ch. 89, § 2; July 1, 2008.
Revisor's Note:
Former section 84-1-102 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-103 Construction of uniform commercial code to promote its purposes and policies; applicability of supplemental principles of law.

84-1-103.
Construction of uniform commercial code to promote its purposes and policies; applicability of supplemental principles of law.
(a) The uniform commercial code must be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) To simplify, clarify, and modernize the law governing commercial transactions;
(2) to permit the continued expansion of commercial practices through custom, usage and agreement of the parties; and
(3) to make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of the uniform commercial code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.
History:
L. 2007, ch. 89, § 3; July 1, 2008.
Revisor's Note:
Former section 84-1-103 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-104 Construction against implied repeal.

84-1-104.
Construction against implied repeal.
The uniform commercial code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
History:
L. 2007, ch. 89, § 4; July 1, 2008.
Revisor's Note:
Former section 84-1-104 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-105 Severability.

84-1-105.
Severability.
If any provision or clause of the uniform commercial code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the uniform commercial code which can be given effect without the invalid provision or application, and to this end the provisions of the uniform commercial code are severable.
History:
L. 2007, ch. 89, § 5; July 1, 2008.
Revisor's Note:
Former section 84-1-105 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-106 Use of singular and plural; gender.

84-1-106.
Use of singular and plural; gender.
In the uniform commercial code, unless the statutory context otherwise requires:
(1) Words in the singular number include the plural, and those in the plural include the singular; and
(2) words of any gender also refer to any other gender.
History:
L. 2007, ch. 89, § 6; July 1, 2008.
Revisor's Note:
Former section 84-1-106 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-107 Section captions.

84-1-107.
Section captions.
Section captions are part of the uniform commercial code.
History:
L. 2007, ch. 89, § 7; July 1, 2008.
Revisor's Note:
Former section 84-1-107 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 1 - General Provisions › 84-1-108 Relation to electronic signatures in global and national commerce act.

84-1-108.
Relation to electronic signatures in global and national commerce act.
This article modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that act.
History:
L. 2007, ch. 89, § 8; July 1, 2008.
Revisor's Note:
Former section 84-1-108 was repealed by L. 2007, ch. 89, § 49 and the number reassigned to the current text.