reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1004a Inspection fee; reduction and restoration, when.

2-1004a.
Inspection fee; reduction and restoration, when.
The secretary of agriculture is hereby authorized and empowered, whenever the secretary shall determine that the fees and charges provided by K.S.A. 2-1004, and amendments thereto, and paid into the state treasury as provided by law, are yielding more than is required for the purposes to which such fees and charges are devoted by law, to reduce such fees and charges for such period as deemed justified, but not less than one year; and in the event that the secretary, after reducing any such fees or charges, finds that sufficient revenues are not being produced by such reduced fees and charges, the secretary is authorized and empowered to restore in full or in part said fees and charges, or any of them, to such rates as will, in the secretary's judgment, produce sufficient revenues for the purposes as provided in K.S.A. 2-1012, and amendments thereto, but not exceeding those now provided by K.S.A. 2-1004, and amendments thereto.
History:
L. 1941, ch. 4 § 1; L. 2004, ch. 101, § 17; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1006 Lowering or change of analysis; determination by the secretary.

2-1006.
Lowering or change of analysis; determination by the secretary.
The secretary or a duly authorized representative of the secretary shall have the power to refuse to allow any manufacturer, importer, jobber, firm, association, corporation, or person to lower the guaranteed analysis or change the ingredients of any brand of such entity's commercial feeding stuffs unless satisfactory reasons, as determined by the secretary or a duly authorized representative of the secretary, are presented for making such change or changes.
History:
L. 1923, ch. 105, § 6; R.S. 1923, § 2-1006; L. 1994, ch. 233, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1008 Samples for analysis; entry on premises, application; stop sale orders; judicial review.

2-1008.
Samples for analysis; entry on premises, application; stop sale orders; judicial review.
(a) The secretary and the duly authorized representatives thereof shall have free access to all places of business, mills, buildings and vessels, of whatsoever kind, used in the manufacture, transportation, importation, sale or storage of any commercial feeding stuffs and may open any parcel containing, or supposed to contain, any commercial feeding stuffs and may take therefrom, in the manner prescribed in K.S.A. 2-1009, and amendments thereto, samples for analysis and shall pay the retail price of the sample or samples procured. Before entering the premises, the representatives of the Kansas department of agriculture shall make application to party or parties in charge of any manufacturer, importer, jobber, firm, association, corporation or person who sells, offers, or exposes for sale or distributes in this state any commercial feeding stuffs.
(b) The secretary or a duly authorized representative thereof, acting as the enforcing officer, may issue and enforce a written or printed stop sale order to the owner or custodian of any quantity of commercial feeding stuffs which the secretary or the duly authorized representative of the secretary determines to be misbranded or adulterated or contains or may contain any substance injurious to public health or the health of livestock, poultry or pets or which are sold, offered or exposed for sale in violation of any of the statutes contained in article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder. The stop sale order shall prohibit further sale and movement of such commercial feeding stuffs, except 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. Any stop sale order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act. The provisions of this subsection shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of the statutes contained in article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1923, ch. 105, § 8; R.S. 1923, § 2-1008; L. 1985, ch. 9, § 1; L. 1986, ch. 318, § 10; L. 1994, ch. 233, § 3; L. 2001, ch. 59, § 1; L. 2004, ch. 101, § 155; L. 2010, ch. 17, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1009 Analysis of samples; procedure.

2-1009.
Analysis of samples; procedure.
(a) A representative sample of each brand of commercial feeding stuffs found, sold, offered or exposed for sale shall be taken by the secretary or the secretary's duly authorized representative. Except as provided in subsection (b), no action shall be maintained for a violation of the provisions of this act, based upon an analysis of a sample from less than five separate original packages, unless there be less than five separate original packages in the lot, in which case portions for the official sample shall be taken from each original package. If the commercial feeding stuffs is in bulk, portions shall be taken from not less than five different places in the lot. This does not exclude sampling in bulk when not exposed sufficiently to take portions from five different places, in which case portions are to be taken from as many places as practicable. If the sample thus secured is larger than is required, it shall be mixed and quartered until a sample of suitable size remains. Such sample shall be placed in a container and sealed. The secretary shall analyze the sample or cause it to be analyzed and the results of such analysis, together with such additional information as the secretary may deem advisable, shall be promptly transmitted to the manufacturer, or person responsible for the placing of the commodity on the market, and may be published in reports or bulletins from time to time. The manufacturer or person responsible for the placing of any commodity so sampled upon the market shall upon request to the secretary be furnished with a portion of the official sample referred to in this section.
(b) For canned pet food, a single package of the pet food shall be deemed to be a representative sample upon which action may be taken.
History:
L. 1923, ch. 105, § 9; R.S. 1923, § 2-1009; L. 1963, ch. 4, § 5; L. 1991, ch. 3, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1010 Prosecutions; notice and hearing.

2-1010.
Prosecutions; notice and hearing.
If it appears that any provisions of this act have been violated, the secretary shall certify the facts to the proper prosecuting attorney and furnish that officer with a copy of the result of the analysis or other examination of such feeding stuffs duly authenticated by the analyst or other officer making the determination, under the oath of such officer. If it shall appear from any such examination that any provisions of this act have been violated, the secretary shall cause notice to be given to the manufacturer or dealer from whom the sample was taken; any party so notified shall be given an opportunity to be heard in defense under such rules and regulations as may be prescribed by the secretary of agriculture before the facts shall be certified to the proper prosecuting attorney. In all prosecutions arising under the provisions of this act, certificates of the analyst making the analysis, when duly sworn to by such analyst shall be prima facie evidence of the fact or facts therein certified.
History:
L. 1923, ch. 105, § 10; R.S. 1923, § 2-1010; L. 2004, ch. 101, § 18; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1012 Disposition of moneys received; feeding stuffs fee fund.

2-1012.
Disposition of moneys received; feeding stuffs fee fund.
The secretary shall remit all moneys received by or for the secretary under article 10 of chapter 2 of Kansas Statutes Annotated, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the feeding stuffs fee fund. All expenditures from the feeding stuffs fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the Kansas department of agriculture or by a person or persons designated by the secretary.
History:
L. 1923, ch. 105, § 12; R.S. 1923, § 2-1012; L. 1933, ch. 271, § 6; L. 1937, ch. 329, § 1; L. 1971, ch. 2, § 3; L. 1973, ch. 2, § 3; L. 1994, ch. 336, § 3; L. 2000, ch. 111, § 1; L. 2001, ch. 5, § 10; L. 2004, ch. 101, § 156; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1013 Enforcement by secretary of board; rules and regulations; establishment of terms for certain ingredients.

2-1013.
Enforcement by secretary of board; rules and regulations; establishment of terms for certain ingredients.
(a) The secretary of agriculture is hereby empowered to: (1) Enforce the provisions of article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto; (2) prescribe the form of labels to be used; and (3) adopt and enforce rules and regulations relating to manufacturing practices for commercial feeding stuffs and to the sale, offering for sale or distribution of commercial feeding stuffs as the secretary may deem necessary to carry into effect the lawful intent and meaning of article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
(b) The secretary, by rules and regulations, may establish a collective term or terms for two or more ingredients, which ingredients serve a similar nutritional function, and may permit the use of such collective term or terms in the ingredient statement on the label.
(c) Nothing in article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, shall be construed as requiring the secretary or the authorized representative of the secretary to report for prosecution, institute seizure proceedings or issue a withdrawal from distribution order for any minor violations of article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, whenever the secretary or the authorized representative of the secretary believes that the public interest will be best served by a suitable notice of warning in writing.
History:
L. 1923, ch. 105, § 13; R.S. 1923, § 2-1013; L. 1971, ch. 2, § 4; L. 1987, ch. 7, § 1; L. 1994, ch. 233, § 5; L. 2004, ch. 101, § 19; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 10 - Commercial Feeding Stuffs › 2-1014 Commercial feed license; fee; renewal; grounds to deny application or suspend license.

2-1014.
Commercial feed license; fee; renewal; grounds to deny application or suspend license.
(a) No manufacturer, importer, jobber, firm, association, corporation or person shall sell, offer or expose for sale or distribute in this state any commercial feeding stuffs unless such person holds a valid license for each manufacturing or distribution facility in this state. No license shall be required of persons distributing only packages or containers of a licensed manufacturer, importer, jobber, firm, association, corporation or person as packaged and labeled by the manufacturer, importer, jobber, firm, association, corporation or person and whose name and address appear on the label as required in K.S.A. 2-1002, and amendments thereto. Any out-of-state manufacturer, importer, jobber, firm, association, corporation or person who has no distribution facility within this state shall obtain a license for such entity's principal out-of-state office if such out-of-state manufacturer, importer, jobber, firm, association, corporation, person or other entity sells, offers or exposes for sale or distributes any commercial feeding stuffs in this state. Application shall be made on forms prescribed and furnished by the secretary of agriculture. The application shall be accompanied by an annual license fee of $10. Licenses shall be renewed annually on or before July 1.
(b) The secretary, pursuant to rules and regulations, may deny, suspend, revoke or refuse to renew the commercial feed license if the applicant or the licensee of any manufacturing or distribution facility is not in compliance with the provisions of article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, and any rules and regulations promulgated thereunder. The secretary may deny, suspend, revoke or refuse to renew any commercial feed license subsequently found not to be in compliance with any provision of article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, and any rules and regulations promulgated thereunder. No commercial feed license shall be denied, suspended, revoked or refused renewal unless the applicant or licensee has been given an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
(c) The secretary, pursuant to rules and regulations, may request copies of labels and labeling in order to determine compliance with the requirements of article 10 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1994, ch. 233, § 1; L. 2004, ch. 101, § 20; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1110 Live poultry; identification of seller; purchase memorandum.

2-1110.
Live poultry; identification of seller; purchase memorandum.
Every track buyer of live poultry, every truck buyer of live poultry, every trader in live poultry, and every local buyer of or dealer in live poultry is hereby required to know or establish the identity of the seller of all live poultry purchased by him or her and to preserve for a period of not less than one year a purchase memorandum manifesting the name and address of the seller, the number and kinds or colors of poultry purchased, and the date of said purchase, which memoranda shall be produced and exhibited on the demand of any peace officer to whom a theft of poultry has been reported.
History:
L. 1925, ch. 5, § 2; L. 1931, ch. 2, § 1; May 28.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1111 Penalty for violation of preceding section.

2-1111.
Penalty for violation of preceding section.
If any track buyer of live poultry, any truck buyer of live poultry, any trader in live poultry, and any local buyer of or dealer in live poultry shall neglect or refuse to keep and preserve such memoranda, and produce such memoranda on the demand of any peace officer to whom a theft of poultry has been reported, he or she shall be deemed guilty of a misdemeanor and on conviction in any court of competent jurisdiction shall be fined in a sum not exceeding $100 or be imprisoned not exceeding thirty days in the county jail or both such fine and imprisonment.
History:
L. 1925, ch. 5, § 3; L. 1931, ch. 2, § 2; May 28.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1112 Fraudulent examination of records; penalty.

2-1112.
Fraudulent examination of records; penalty.
Any peace officer attempting to make examination of records kept under the requirements of this act without being able to show that a theft of poultry has been reported to him or her and that he or she is engaged in the performance of duty in searching for a thief or thieves, or any peace officer making a fraudulent examination of the records kept under the requirements of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25 or imprisonment in the county jail for a period of not less than thirty days.
History:
L. 1931, ch. 2, § 3; May 28.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1113 Dressed poultry; increasing weight prohibited.

2-1113.
Dressed poultry; increasing weight prohibited.
It shall be unlawful for any person, firm or corporation to inject, or cause to be injected, water or any other substance by means of what is known as a "needle" or "watergun" or by any other means, into dressed poultry that is prepared and/or offered for sale or sold in the state of Kansas, when such injection would increase the weight of such poultry.
History: L. 1933, ch. 176, § 1; February 15.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1114 Sale of such poultry unlawful.

2-1114.
Sale of such poultry unlawful.
It shall be unlawful for any person, firm or corporation to knowingly sell, or offer for sale, or cause to be sold or offered for sale, in the state of Kansas, any dressed poultry into which has been injected, by means of a "needle" or "watergun" or by any other device, any water or other substance which would increase the weight of such poultry.
History: L. 1933, ch. 176, § 2; February 15.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1115 Penalty for violations.

2-1115.
Penalty for violations.
Any person, firm or corporation violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed five hundred dollars ($500), or by imprisonment in the county jail for not to exceed ninety days, or by both such fine and imprisonment.
History: L. 1933, ch. 176, § 3; February 15.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1116 Definitions.

2-1116.
Definitions.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "End intake air probes" means any instrument which is used by any person for the collection of grain samples for the testing of grains offered for sale, processing or storage by use of a vacuum;
(b) "person" means any individual, partnership, corporation, cooperative association or association of individuals;
(c) "grains" means wheat, corn, oats, barley, rye, soybeans and grain sorghums.
History:
L. 1980, ch. 121, § 1; April 11.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 11 - Sale Of Farm Produce › 2-1117 Prohibiting use of end intake air probes; penalty.

2-1117.
Prohibiting use of end intake air probes; penalty.
(a) On and after September 1, 1980, no person shall operate an end intake air probe for the collection of grain samples for the testing of grains offered for sale, processing or storage.
(b) Any person violating the provisions of this act, upon conviction, shall be fined in an amount not to exceed one thousand dollars ($1,000).
History:
L. 1980, ch. 121, § 2; April 11.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1201a Custom blender; license; fee; label or delivery slips; contents.

2-1201a.
Custom blender; license; fee; label or delivery slips; contents.
Any person desiring to operate as a custom blender shall file an application with the secretary for a license, said application to show the name and address of the applicant and request that a license be issued. The secretary shall issue the license upon receipt of the license fee of twenty-five dollars ($25), which license shall expire on December 31 of the year issued. A separate license shall be required for each place of business. The person to whom a license has been issued shall not be required to register the grades of custom blended fertilizers made by him or her, as provided by K.S.A. 2-1202. Each person selling or distributing custom blended fertilizers shall furnish the customer-purchaser with a label showing the information as required by K.S.A. 2-1204, or shall furnish a label or delivery slip showing the following: (1) The name and address of the custom blender; (2) the date; (3) the weight and guaranteed analysis of each ingredient; (4) the grade of the custom blended fertilizer; (5) and in case the custom blended fertilizer contains any ingredient which is injurious to plants, (a) the name and percentage of each such active ingredient; (b) adequate directions for use; and (c) adequate warnings against misuse; (6) and the minimum percentage or quantity of any other material or plant food element contributing to the value of the commercial fertilizer.
History:
L. 1963, ch. 5, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1201b Custom blenders; unlawful acts; civil penalty.

2-1201b. Custom blenders; unlawful acts; civil penalty.
(a) It shall be deemed a violation of K.S.A. 2-1201 and 2-1201a, and amendments thereto, for any person to: (1) Sell or distribute in this state any custom blended fertilizer when such person does not hold a valid license as required by this act; or (2) fail to comply with the requirements of K.S.A. 2-1201a, and amendments thereto, and, except as otherwise provided, the provisions of K.S.A. 2-1208, and amendments thereto. Failure to comply with the provisions of K.S.A. 2-1208(1)(a), and amendments thereto, shall not be deemed a violation of this section. The penalties as provided in K.S.A. 2-1208, and amendments thereto, shall apply to persons as described in this section who fail to comply with the provisions of K.S.A. 2-1208, and amendments thereto.
(b) On and after July 1, 2003, any person or custom blender who violates any provision of article 12 of chapter 2 of * Kansas Statutes Annotated, and amendments thereto, or the rules and regulations adopted pursuant thereto, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may incur a civil penalty in an amount not more than $5,000 per violation. In the case of a continuing violation, every day such violation continues may be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law. Any order issued by the secretary assessing a civil penalty pursuant to this subsection is subject to review in accordance with the Kansas judicial review act. The secretary shall remit any civil penalty collected pursuant to this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1963, ch. 5, § 3; L. 2002, ch. 144, § 2; L. 2010, ch. 17, § 5; L. 2017, ch. 23, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1201c Ammonium nitrate dealers; registration; storage, security; records of sale; right to refuse sale.

2-1201c. Ammonium nitrate dealers; registration; storage, security; records of sale; right to refuse sale.
(a) Ammonium nitrate dealers shall register with the secretary of agriculture. Registration shall be required for each business location selling ammonium nitrate. Each registration shall expire on December 31 following issuance unless the registration is renewed annually. A registration fee not to exceed $25 shall accompany the application for registration for any ammonium nitrate dealer that is not registered as a custom blender, if the fee is fixed by the secretary in rules and regulations.
(b) Ammonium nitrate storage shall be secured to provide reasonable protection against vandalism, theft and unauthorized access.
(c) Ammonium nitrate dealers shall obtain the following regarding any sale of ammonium nitrate:
(1) Date of sale;
(2) quantity purchased;
(3) license number of the purchaser's valid state or federal driver's license or other picture identification card number deemed acceptable by the secretary in rules and regulations;
(4) the purchaser's name, current physical address and telephone number;
(5) if the ammonium nitrate is received to a person other than the purchaser, the name, current physical address, telephone number and license number of that person's valid state or federal driver's license or other picture identification card number deemed acceptable by the secretary in rules and regulations; and
(6) the physical address of the person to whom the ammonium nitrate is delivered if different than the physical address of the purchaser.
(d) Ammonium nitrate dealers shall maintain records of all information required to be obtained pursuant to subsection (c) for a minimum of three years. The records shall be subject to inspection upon request by the secretary of agriculture or the secretary's designee.
(e) Ammonium nitrate dealers may refuse to sell to any person attempting to purchase ammonium nitrate out of season, in unusual quantities or under suspect purchase patterns.
(f) In addition to any other penalties provided by law, each ammonium nitrate dealer registration shall be subject to denial, suspension or revocation, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, for any violation of this act whether committed by the dealer or by the dealer's officers, agents or employees.
(g) The provisions of this section are part of and supplemental to article 12 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2007, ch. 136, § 2; L. 2017, ch. 23, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1204 Labeling.

2-1204.
Labeling.
(1) Every package or container of commercial fertilizer shall bear a distinctly printed label in the English language on a tag attached to the package or container, or distinctly printed on the package or container. The label shall show and state:
(a) The name and address of the person registering the commercial fertilizer;
(b) the brand and grade of the commercial fertilizer;
(c) the net weight in the package or container;
(d) the registered guaranteed analysis. The guaranteed analysis shall include the minimum percentages of plant foods in the following order and form:
Nitrogen, minimum    ____ percent
Available phosphoric acid, minimum    ____ percent
Soluble potash, minimum    ____ percent,
except (A) unacidulated mineral phosphatic materials and basic slag shall show the guaranteed analysis in the following order and form:
Total phosphoric acid, minimum    ____ percent
Available phosphoric acid, minimum    ____ percent
Fineness of grind: ____ percent through mesh screen, and (B) bone, tankage, and other natural organic phosphate materials shall show the guaranteed analysis in the following form:
Total phosphoric acid, minimum    ____ percent;
(e) commercial fertilizers containing any ingredient which is injurious to plants, shall be labeled to show: (A) The name and percentage of each such active ingredient; (B) adequate directions for use; and (C) adequate warnings against misuse;
(f) the minimum percentage of any and all other plant food elements or compounds contributing to the value of the commercial fertilizer; and
(g) such other information as may be prescribed by rules and regulations.
(2) Bulk lots shall be accompanied by a label which shall be delivered to the purchaser showing the information required by this section.
(3) No commercial fertilizer, except a specialty fertilizer, shall contain or be manufactured from process tankage.
History:
L. 1927, ch. 14, § 3; L. 1949, ch. 2, § 3; L. 1992, ch. 195, § 3; April 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1206 Inspections; evidence; stop sale orders; judicial review.

2-1206.
Inspections; evidence; stop sale orders; judicial review.
(a) The secretary and authorized representatives of the secretary shall make such inspection of commercial fertilizers as may be deemed necessary to ascertain whether manufacturers and others are complying with all of the provisions of this act. The secretary or authorized representatives of the secretary shall procure annually samples of commercial fertilizer and cause analyses to be made. A certified statement of the results of such analysis shall be prima facie evidence in any action within the state of Kansas concerning such commercial fertilizer.
(b) 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 to the owner or custodian of any quantity of any commercial fertilizer which the secretary or duly authorized representative determines is not registered, is not labeled as required, is misbranded or bears a false or misleading statement on the application for registration, the label or the accompanying advertising in violation of the provisions of the statutes contained in article 12 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder. The stop sale order shall prohibit further sale and movement of such commercial fertilizer, except 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. Any stop sale order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act. The provisions of this subsection shall not be construed as limiting the right of the enforcement 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. 1927, ch. 14, § 5; L. 1949, ch. 2, § 5; L. 1985, ch. 9, § 2; L. 1986, ch. 318, § 11; L. 2010, ch. 17, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1207 Samples for inspection; refusal to permit.

2-1207.
Samples for inspection; refusal to permit.
In sampling commercial fertilizers packed in packages of twenty-five (25) pounds or less, an original unbroken package may be taken as the official sample and the ordinary retail price tendered therefor. When the fertilizer is in packages of over twenty-five (25) pounds in weight, portions for the official sample shall be taken from at least ten packages, if there be that many in the lot. In sampling fertilizers in bulk, not less than ten portions shall be drawn, and these from various parts, so as to represent fairly the whole. The owner of the fertilizer or a representative of the owner may be present, but any refusal by such owner or representative to permit sampling shall be taken as sufficient evidence of violation of the law by him or her.
History: L. 1927, ch. 14, § 6; June 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1208 Violations; misdemeanor; seizure; injunction.

2-1208.
Violations; misdemeanor; seizure; injunction.
(1) It shall be deemed a violation of this act for any person to sell, offer or expose for sale, or distribute in this state any commercial fertilizer or to take or receive from any person in this state any order for any commercial fertilizer, or to directly or indirectly contract with any person for the sale of any commercial fertilizer which commercial fertilizer: (a) Is not registered; (b) is not labeled as required by the provisions of this act and the authorized rules and regulations; (c) bears a false or misleading statement on the application for registration, the label or the advertising accompanying the commercial fertilizer.
(2) It shall be deemed a violation of this act for any person to: (a) Mutilate, destroy, obliterate or remove the label or any part thereof; or do any act which may result in the misbranding or false labeling of any commercial fertilizer; (b) fail or neglect to file the tonnage reports or affidavit or pay the inspection fee as required by this act; (c) impede, obstruct, hinder or otherwise prevent or attempt to prevent the secretary or authorized agents of the secretary in the performance of their duty in connection with the administration of the provisions of this act.
(3) Any person who shall violate any of the provisions of this act or the rules and regulations issued thereunder, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars for the first violation and not less than one or more than five hundred dollars for each subsequent violation.
(4) Any commercial fertilizer not in compliance with the provisions of this act shall be deemed a nuisance and shall be subject to seizure in a proceeding before a court of competent jurisdiction. In the event the said court finds the commercial fertilizer to be in violation of law the court may release the commercial fertilizer, after the filing of a bond by a proper claimant to insure compliance with the order of the court and to insure that the product will be sold or disposed of in compliance with law. The district courts of the state of Kansas shall have jurisdiction to restrain violations of this act by injunction without any criminal proceeding being first initiated.
(5) It shall not be deemed a violation of this act for the secretary or authorized representatives of the secretary to remove a label or any part thereof from a package or container of commercial fertilizer as evidence in connection with the administration of the provisions of this act.
History: L. 1927, ch. 14, § 8; L. 1949, ch. 2, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1208a Notice before prosecution; hearing; cancellation of registration; reports to county attorney.

2-1208a. Notice before prosecution; hearing; cancellation of registration; reports to county attorney.
If it shall appear to the secretary or an authorized representative of the secretary from examination or analysis of an official sample of a commercial fertilizer that the commercial fertilizer is falsely labeled or fails to comply with the provisions of this act, the secretary shall have power to cancel the registration of such brand or brands of commercial fertilizer after notice and opportunity for a hearing in accordance with the Kansas administrative procedure act. The secretary may report the facts, the results of any analysis or other examination and the record of any proceedings to the proper prosecuting attorney. Prosecution may be instituted under the provisions of this act in the district court of the county where the offense is alleged to have been committed, upon complaint of the secretary or an authorized representative of the secretary or any citizen of this state, or by any county attorney and shall be prosecuted by the county attorney in the name of the state of Kansas.
History:
L. 1927, ch. 14, § 7; L. 1949, ch. 2, § 7; L. 1988, ch. 356, § 28; L. 2004, ch. 145, § 7; L. 2017, ch. 23, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1209 Publication of reports.

2-1209.
Publication of reports.
The secretary of agriculture shall at the secretary's discretion publish a report of the analysis of official samples of commercial fertilizers, a list of the commercial fertilizers registered in this state with their guaranteed composition, and such other information as may be deemed valuable to the public concerning fertilizers and their use.
History: L. 1927, ch. 14, § 10; L. 2004, ch. 101, § 22; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1209a Invalidity of K.S.A. 2-1201 through 2-1209.

2-1209a.
Invalidity of K.S.A. 2-1201 through 2-1209.
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. 1927, ch. 14, § 11; June 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1210 Trademarks; change of analysis; rules and regulations.

2-1210.
Trademarks; change of analysis; rules and regulations.
The secretary shall refuse to register any commercial fertilizer under a name, brand or trademark which may appear to be misleading or deceptive. The secretary shall refuse to allow any person to change the guaranteed analysis of any brand of commercial fertilizer registered for sale in this state within the period for which registered. The secretary is hereby authorized and empowered to enforce the provisions of this act, and amendments thereto, and to prescribe and enforce such rules and regulations relating to commercial fertilizers as he or she may deem necessary to carry into effect the full intent and meaning of this act.
History:
L. 1927, ch. 14, § 9; L. 1949, ch. 2, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1212 Anhydrous ammonia; regulations.

2-1212.
Anhydrous ammonia; regulations.
The board is authorized and directed to make and promulgate regulations (a) for the safe handling, storage and transportation of anhydrous ammonia;
(b) for establishment of minimum general safety standards covering the design, construction, location, installation and operation of equipment for the storage, handling and transportation of such product by tank truck, tank trailer, or otherwise, and for the utilization of anhydrous ammonia; and
(c) to modify and amend such regulations to the end that said anhydrous ammonia shall be handled, stored and transported with safety.
Said regulations shall be such as are reasonably necessary for the safety of the public and persons using such material.
History:
L. 1953, ch. 9, § 1; L. 1969, ch. 6, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1215 Same; power of municipalities to regulate.

2-1215.
Same; power of municipalities to regulate.
A municipality or other political subdivision, shall not enact or enforce any ordinance inconsistent with the regulations promulgated and adopted pursuant to this act. Nothing in this act shall in any way impair the power of any municipality or other political subdivision, (1) to prohibit the use of land for anhydrous ammonia storage or handling, or (2) to impose more stringent limitations within its jurisdiction, by zoning regulations, or by building or other regulatory codes.
History:
L. 1969, ch. 6, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1216 Same; duties of secretary; employees.

2-1216.
Same; duties of secretary; employees.
It shall be the duty of the secretary (1) to administer this act, and the rules and regulations adopted thereunder, and (2) to employ the necessary personnel. Such employees are hereby authorized and directed to inspect the facilities and equipment used in the handling, storage and transportation of anhydrous ammonia.
History:
L. 1969, ch. 6, § 5; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1217 Same; inspection of facilities and equipment; duties of employees, owners and operators.

2-1217.
Same; inspection of facilities and equipment; duties of employees, owners and operators.
For the purposes of administering this act, the administrative personnel and employees shall have the right to enter private property and to inspect facilities and equipment. It shall be the duty of employees to notify the owner or operator, of any anhydrous ammonia 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. 1969, ch. 6, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1218 Same; unlawful acts.

2-1218.
Same; unlawful acts.
It shall be unlawful, and a violation of this act, for any person; (a) to operate any anhydrous ammonia facility, any transportation equipment, or to sell or offer to sell any anhydrous ammonia, unless (1) the product container, piping, valves, hose, appurtenances and equipment are constructed and installed in accordance with the regulations adopted under the provisions of K.S.A. 2-1212, as supplemented and amended; and
(2) the product container, piping, valves, hose, appurtenances and other equipment are adequately maintained; and
(3) the stationary product container is located as required in the regulations adopted pursuant to K.S.A. 2-1212, as supplemented and amended: Provided, This subsection shall not apply (A) to a stationary product container located prior to the adoption of the regulations, or (B) to a stationary product container properly located at the time of its installation.
(b) To use any product container, piping, valve, hose, appurtenances or other equipment for handling anhydrous ammonia 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 regulation.
(d) To impede, obstruct or hinder, or to otherwise prevent or to attempt to prevent, any authorized state administrative personnel or employee in the performance of his or her duties in connection with the administration of this act.
History:
L. 1969, ch. 6, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1219 Same; penalty for violations; injunctions; jurisdiction; hearings.

2-1219.
Same; penalty for violations; injunctions; jurisdiction; hearings.
Any person violating or failing to comply with, any of the provisions of this act, or any rule or regulation adopted thereunder, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500). If any person owning or operating an anhydrous ammonia facility, including transports, tank trailers and applicators, shall fail to make the changes, additions and alterations necessary (a) to correct the defects, and (b) to supply the deficiencies, within the specified time as directed, then the county attorney of the county in which the facility or equipment is located is authorized to file a petition in the district court setting forth the facts and praying for an injunction. The district courts of this state shall have jurisdiction to hear such matters, and may temporarily restrain and temporarily and permanently enjoin the operator or owner from operating such facility or equipment until such time as the defects are corrected and the deficiencies supplied. Before the secretary reports a violation for such prosecution, an opportunity shall be given the person to present his or her views. Nothing in this act shall be construed as requiring the secretary to report for prosecution minor violations of the act whenever the secretary believes that the public interest will be best served by other actions.
History:
L. 1969, ch. 6, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1220 Definitions.

2-1220. Definitions.
Unless the context otherwise requires, as used in this act, the following definitions shall apply:
(a) "Person" means any individual, any association of persons or any corporation.
(b) "Anhydrous ammonia" and "product" means the compound formed by the combination of the two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen (by volume), and used or intended for use as an agricultural fertilizer. Anhydrous ammonia is ammonia gas in compressed and liquefied form. It does not include aqueous ammonia which is a solution of ammonia gas in water.
(c) "Department" means the Kansas department of agriculture.
(d) "Secretary" means the secretary of agriculture.
History:
L. 1969, ch. 6, § 1; L. 2004, ch. 101, § 23; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1221 Fertilizer research fund; creation; use of moneys; expenditures.

2-1221.
Fertilizer research fund; creation; use of moneys; expenditures.
There is hereby created a fertilizer research fund. All moneys credited to the fund shall be expended to the agricultural experiment station under the supervision of Kansas state university for the purpose of conducting research on fertilizers, anhydrous ammonia and related materials concerning efficient methods of application, storage and handling, their effect upon environmental quality, and efficiency and safety in the use of fertilizers, anhydrous ammonia and related materials in crop production. All expenditures shall be made in accordance with the appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director of the agricultural experiment station of Kansas state university or by a person or persons designated by the director.
History:
L. 1990, ch. 4, § 5; L. 1994, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1222 Issuance of stop sale or stop use orders.

2-1222.
Issuance of stop sale or stop use orders.
(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 or stop use order to the owner or custodian of any facility or equipment used for the storage, handling or transportation of anhydrous ammonia which the secretary or duly authorized representative determines is not in compliance with the provisions of K.S.A. 2-1212 through 2-1220, and amendments thereto, or any rules and regulations adopted thereunder. The stop sale or stop use order shall prohibit the sale of anhydrous ammonia or prohibit further use of such facility or equipment for the handling, storage or transportation of anhydrous ammonia, except 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 or stop use order. Any stop sale or stop use order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act. The provisions of this subsection shall not be construed as limiting the right of the enforcement 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.
(b) This section shall be part of and supplemental to the provisions of K.S.A. 2-1212 through 2-1220, and amendments thereto.
History:
L. 1991, ch. 1, § 1; L. 2010, ch. 17, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 12 - Fertilizers › 2-1226 Definitions.

2-1226.
Definitions.
As used in this act:
(a) "Commercial fertilizer" shall have the meaning ascribed to such term under K.S.A. 2-1201, and amendments thereto.
(b) "Fertilizer materials" shall have the meaning ascribed to such term under K.S.A. 2-1201, and amendments thereto.
(c) "Bulk fertilizer" means any liquid, blended or dry fertilizer or fertilizer material stored in a fluid or dry nonpackage form.
(d) "Facility" means a place where commercial fertilizer materials are stored, mixed, blended, manufactured, weighted or handled.
(e) "Department" means the Kansas department of agriculture.
(f) "Secretary" means the secretary of agriculture.
(g) "Person" means any individual, partnership, association of persons, governmental agency or corporation.
History:
L. 1989, ch. 3, § 1; L. 1994, ch. 115, § 2; L. 2004, ch. 101, § 24; July 1.