reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2804 Labeling of containers, bulk lots; listing or guaranteeing active ingredients; data substantiating usefulness, when required.

2-2804.
Labeling of containers, bulk lots; listing or guaranteeing active ingredients; data substantiating usefulness, when required.
(a) Each container of a soil amendment shall be labeled on the face or display side in a readable and conspicuous form to show the following information:
(1) The net weight of the contents;
(2) the name of the product;
(3) the guaranteed analysis, including the name and the percentage of each active ingredient and the percentage of inert ingredients;
(4) a statement as to the purpose of the product;
(5) adequate directions for use; and
(6) the name and address of the registrant.
(b) Bulk lots shall be labeled by attaching a copy of the label to the invoice, which shall be furnished the purchaser.
(c) No active ingredient may be listed or guaranteed on a label or labeling of a soil amendment without the secretary's approval. The secretary shall allow an active ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the secretary to substantiate the value and usefulness of the active ingredient. In any case where there are no active ingredients or there are no claims made for the product, the secretary may require supportive data or information to substantiate the value and usefulness of the product. The secretary may rely on outside sources such as the agricultural experiment stations established by K.S.A. 76-465, and amendments thereto, for assistance in evaluation of the data submitted.
(d) When an active ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis. The secretary may prescribe methods and procedures of inspection and analysis of the active ingredient.
(e) The provisions of this section shall not apply to any bulk lots of animal manures except that the quantity and name of any ingredients added thereto shall be specified.
History:
L. 1976, ch. 2, § 4; L. 1980, ch. 2, § 2; L. 1985, ch. 14, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2805 Registration of products; application; fee; requirements.

2-2805.
Registration of products; application; fee; requirements.
Each soil amendment product shall be registered with the secretary before it is distributed in this state. Application for registration shall be submitted to the secretary, on a form prepared for that purpose, showing the information required on the label, as provided in K.S.A. 2-2804, and amendments thereto, except net weight of product. The registration fee shall be fixed by rules and regulations adopted by the secretary of agriculture for each product, except that such fee shall not exceed $100 for each product. The soil amendment product registration fee in effect on the day preceding the effective date of this act shall continue in effect until the secretary of agriculture adopts rules and regulations fixing a different fee therefor under this section. All registrations shall expire on December 31 of the year in which such soil amendment product is registered. The applicant shall submit with the application for registration a copy of the label and a copy of all advertisements, brochures, posters and television and radio announcements to be used in promoting the sale of the soil amendment.
History:
L. 1976, ch. 2, § 5; L. 1982, ch. 4, § 12; L. 2002, ch. 181, § 8; L. 2004, ch. 85, § 8; L. 2005, ch. 38, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2807 Unregistered, unlabeled or misbranded soil amendments; stop sale, use or removal orders.

2-2807.
Unregistered, unlabeled or misbranded soil amendments; stop sale, use or removal orders.
The secretary may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of soil amendment, and to hold at a designated place when the secretary finds said soil amendment is being offered or exposed for sale which is not registered, is not labeled, is misbranded or is adulterated, until such time as the product or labeling complies with this act. The soil amendment may then be released in writing by the secretary.
History:
L. 1976, ch. 2, § 7; March 2.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2808 Violations of act.

2-2808.
Violations of act.
It shall be a violation of this act for any person to:
(a) Distribute a soil amendment that is not registered with the secretary;
(b) distribute a soil amendment that is not labeled;
(c) distribute a soil amendment that is misbranded;
(d) distribute a soil amendment that is adulterated; or
(e) fail to comply with a stop sale, use or removal order.
History:
L. 1976, ch. 2, § 8; L. 2005, ch. 38, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2809 Misbranded or adulterated, defined.

2-2809.
Misbranded or adulterated, defined.
(a) For the purposes of this act, a soil amendment shall be deemed to be misbranded if:
(1) It bears a label which is false or misleading in any particular;
(2) it is distributed under the name of another soil amendment;
(3) it is not labeled in accordance with K.S.A. 2-2804 or rules and regulations adopted under the provisions of this act; or
(4) it purports to be or is represented as being or containing a soil amendment, and does not conform to the standards of identity prescribed by rules and regulations adopted under the provisions of this act.
(b) For the purposes of this act, a soil amendment shall be deemed to be adulterated if:
(1) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with the directions for use shown on the label, or if adequate warning statements and directions for use which may be necessary to protect plant, animal or aquatic life are not shown on the label;
(2) its composition differs from that which it is purported to possess by its labeling; or
(3) it contains any noxious weed seed.
History:
L. 1976, ch. 2, § 9; March 2.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2810 Inspection.

2-2810.
Inspection.
The secretary or his or her authorized agents may inspect, sample, analyze and test soil amendments distributed in this state at any time and place, and to such extent that he or she may deem necessary to determine whether such soil amendments are in compliance with this act.
History:
L. 1976, ch. 2, § 10; March 2.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2811 Rules and regulations.

2-2811.
Rules and regulations.
The board is authorized to adopt such rules and regulations as may be necessary to administer this act, including methods of sampling, methods of analysis, designation of ingredient forms and standards of identity of products.
History:
L. 1976, ch. 2, § 11; March 2.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2812 Refusal to register products; revocation; hearing.

2-2812.
Refusal to register products; revocation; hearing.
The secretary shall refuse to register any product that does not comply with this act and the rules and regulations promulgated under this act. The secretary is also authorized and empowered to revoke any registration upon satisfactory evidence that the registrant or any of his or her agents has used fraudulent or deceptive practices except that registration shall not be revoked until the registrant has been given an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1976, ch. 2, § 12; L. 1988, ch. 356, § 33; July 1, 1989.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2813 Penalties; injunction.

2-2813.
Penalties; injunction.
(a) Any person convicted of violation of any provision of this act or the rules and regulations promulgated under this act shall be guilty of a class C misdemeanor. Nothing in this act shall be construed as requiring the secretary or his or her authorized agents to report for prosecution or for seizure of any product as a result of minor violations when he or she believes the public interest will best be served by a suitable written warning.
(b) The secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act or any rule or regulation promulgated under this act, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
History:
L. 1976, ch. 2, § 13; March 2.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 28 - Soil Amendment Act › 2-2814 Disposition of moneys; soil amendment fee fund.

2-2814.
Disposition of moneys; soil amendment fee fund.
The secretary shall remit all moneys received by or for the secretary under 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 soil amendment fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person or persons designated by the secretary.
History:
L. 1976, ch. 2, § 14; L. 2001, ch. 5, § 20; L. 2004, ch. 101, § 54; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2901 Citation; administration of act.

2-2901.
Citation; administration of act.
This act shall be known and may be cited as "The Kansas agricultural liming materials act." The provisions of this act shall be administered by the secretary of agriculture, hereinafter referred to as the secretary.
History:
L. 1976, ch. 3, § 1; L. 2004, ch. 101, § 55; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2902 Definitions.

2-2902.
Definitions.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity;
(b) "limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate, which is capable of neutralizing soil acidity;
(c) "burnt lime" means a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide;
(d) "hydrated lime" means a material made from burnt lime which consists essentially of calcium hydroxide or a combination of calcium hydroxide and magnesium hydroxide;
(e) "marl" means a granular or loosely consolidated earthy material composed largely of sea shell fragments and calcium carbonate;
(f) "industrial by-product" means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity;
(g) "brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale;
(h) "fineness" means the percentage by weight of the material which will pass U. S. standard sieves of specified sizes;
(i) "label" means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments;
(j) "person" means an individual, partnership, association, firm or corporation; and
(k) "calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
History:
L. 1976, ch. 3, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2903 Sale of agricultural liming materials; labeling, information required; false advertising prohibited; notice of adulteration; bulk deliveries.

2-2903. Sale of agricultural liming materials; labeling, information required; false advertising prohibited; notice of adulteration; bulk deliveries.
(a) Every package or container of agricultural liming materials sold, offered or exposed for sale in this state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement setting forth the following information:
(1) The name and principal office address of the manufacturer or distributor;
(2) the brand or trade name of the material;
(3) the identification of the product as to type of agricultural liming material;
(4) the net weight of the agricultural liming material;
(5) the calcium carbonate equivalent as determined by methods and in such minimum amounts as prescribed by rules and regulations of the secretary of agriculture; and
(6) the minimum percentage by weight passing through U.S. standard sieves, as prescribed by rules and regulations;
(7) the minimum percentage of weight of effective calcium carbonate equivalent (ECC), a function of calcium carbonate equivalent and fineness as prescribed by rules and regulations of the secretary of agriculture.
(b) In any case where a bulk sale of agricultural liming materials is made, the delivery slip identifying such sale shall contain the information required by subsection (a)(7).
(c) No information or statement shall appear on any package, label, delivery slip or advertising material which is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.
(d) In the case of any material which has been adulterated subsequent to packaging, labeling or loading thereof but before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of adulteration therein.
(e) At every site from which agricultural liming materials are delivered in bulk or orders for bulk deliveries are placed by consumers, there shall be conspicuously posted a statement setting forth the information required by subsection (a) of this section for each brand of material.
History:
L. 1976, ch. 3, § 3; L. 2004, ch. 101, § 56; L. 2015, ch. 37, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2904 Same; sale prohibited, when.

2-2904.
Same; sale prohibited, when.
No agricultural liming material shall be sold or offered for sale in this state if (a) it does not comply with the provisions of this act or rules and regulations adopted pursuant thereto, or (b) it contains toxic materials in quantities injurious to plants or animals.
History:
L. 1976, ch. 3, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2905 Manufacturers of liming materials; registration; fee.

2-2905.
Manufacturers of liming materials; registration; fee.
Every manufacturer of liming materials to be distributed in this state shall on July 1 of each year, or prior to manufacture or distribution of such liming materials, register each manufacturing facility on a form furnished by the secretary of agriculture, the application to be accompanied by a fee of $30, except that on and after July 1, 2015, such application shall be accompanied by a fee of $25. All such licenses shall expire on June 30 of the following year.
History:
L. 1976, ch. 3, § 5; L. 2002, ch. 181, § 10; L. 2004, ch. 85, § 10; L. 2009, ch. 128, § 27; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2906 Same; annual statement; inspection fee; secretary may reduce fee, when.

2-2906.
Same; annual statement; inspection fee; secretary may reduce fee, when.
(a) Within 30 days following expiration of registration, each registrant shall submit, on a form furnished by the secretary of agriculture, an annual statement setting forth the number of net tons of each agricultural liming material sold by such registrant for use within the state during the previous 12-month period. Such statement shall be accompanied by payment of an inspection fee which shall be at the rate of $.07 per ton, except that on and after July 1, 2015, such inspection fee shall be at the rate of $.05 per ton.
(b) The secretary is hereby authorized and empowered to reduce the inspection fee provided for in subsection (a) whenever the secretary determines that such fee is yielding more than is necessary for the purpose of administering the provisions of this act. The secretary is authorized and empowered to increase such inspection fee, or restore such inspection fee, in full or in part, when such inspection fee is necessary to produce sufficient revenues for the purposes of administering the provisions of this act, but not in excess of the fee as provided in this section.
History:
L. 1976, ch. 3, § 6; L. 2002, ch. 181, § 11; L. 2004, ch. 85, § 11; L. 2009, ch. 128, § 28; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2907 Duty of secretary to inspect; methods of analysis and sampling.

2-2907. Duty of secretary to inspect; methods of analysis and sampling.
(a) It shall be the duty of the secretary or the secretary's duly authorized agent to sample, inspect, make analyses of and test agricultural liming materials distributed within this state as often as the secretary may deem necessary to determine whether such agricultural liming materials are in compliance with the provisions of this act. The secretary or the secretary's agent may enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to the provisions of this act, and to any records relating to their distribution.
(b) The methods of analysis and sampling shall be those approved by the secretary.
History:
L. 1976, ch. 3, § 7; L. 2015, ch. 37, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2908 Sale in violation of act; stop sale, use or removal orders.

2-2908.
Sale in violation of act; stop sale, use or removal orders.
The secretary may issue and enforce a written or printed "stop sale, use or removal" order to the owner or customer of any lot of agricultural liming materials and to hold such lot at a designated place when the secretary finds said agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this act until the law has been complied with and said agricultural liming material is released in writing by the secretary, or said violation has been otherwise legally disposed of by written authority. The secretary shall release the agricultural liming materials so withdrawn when the requirements of this act have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
History:
L. 1976, ch. 3, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2909 Penalties for violations; jurisdiction.

2-2909.
Penalties for violations; jurisdiction.
Any person convicted of violating any provision of this act or any rules and regulations promulgated thereunder shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars ($100) for the first violation and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent violation. Nothing in this act shall be construed as requiring the secretary or his or her authorized agents to report violations of this act for prosecution or for the institution of seizure proceedings when he or she believes that the public interest will best be served by a suitable written warning.
The district courts of this state shall have jurisdiction to restrain violations of this act by injunction without any criminal proceeding being first initiated.
History:
L. 1976, ch. 3, § 9; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 29 - Agricultural Liming Materials › 2-2911 Disposition of moneys; agricultural liming materials fee fund; plant pest activities.

2-2911.
Disposition of moneys; agricultural liming materials fee fund; plant pest activities.
The secretary shall remit all moneys received by or for the secretary under 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 agricultural liming materials fee fund, which fund is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the Kansas department of agriculture or by a person or persons designated by the secretary.
History:
L. 1976, ch. 3, § 11; L. 2000, ch. 111, § 3; L. 2001, ch. 5, § 21; L. 2004, ch. 101, § 158; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3001 Grain commodity commissions; definitions.

2-3001.
Grain commodity commissions; definitions.
As used in this act, unless the context clearly requires otherwise:
(a) "Grower" means any natural person, partnership, association, corporation or other legal entity engaged in the growing of corn, grain sorghum, soybeans, wheat or sunflowers who owns or who shares in the ownership and risk of loss of such corn, grain sorghum, soybeans, wheat or sunflowers, whether as landlord or tenant. For the purposes of being an eligible voter pursuant to K.S.A. 2-3002, and amendments thereto, a grower who is a legal entity who owns or who shares in the ownership and risk of loss of such corn, grain sorghum, soybeans, wheat or sunflowers, whether as landlord or tenant, on which there is no individual ownership and risk of loss of such corn, grain sorghum, soybeans, wheat or sunflowers, shall designate a natural person to register to vote for such legal entity;
(b) "first purchaser" means any person, public or private corporation, association or partnership buying or otherwise acquiring after harvest, the property in or to corn, grain sorghum, soybeans, wheat or sunflowers from a grower. A mortgagee, pledgee, lienor or other person, public or private, having a claim against the grower under a nonrecourse loan made against such corn, grain sorghum, soybeans, wheat or sunflowers after harvest thereof shall be deemed a first purchaser hereunder. The term "first purchaser" shall not include a harvesting or threshing lienor;
(c) "commercial channels" means the sale of corn, grain sorghum, soybeans, wheat or sunflowers for use as food, feed, seed or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any corn, grain sorghum, soybeans, wheat or sunflowers or product produced from corn, grain sorghum, soybeans, wheat or sunflowers;
(d) "sale" means and includes any pledge or mortgage of corn, grain sorghum, soybeans, wheat or sunflowers, after harvest, to any person, public or private;
(e) "department" means the Kansas department of agriculture; and
(f) "secretary" means the secretary of agriculture or the secretary's authorized representative.
History:
L. 1977, ch. 4, § 1; L. 1996, ch. 209, § 13; L. 2000, ch. 116, § 1; L. 2002, ch. 93, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3002a Same; transfer of powers, duties and functions to such commissions; successor to department of agriculture; transfer of property to wheat commission.

2-3002a.
Same; transfer of powers, duties and functions to such commissions; successor to department of agriculture; transfer of property to wheat commission.
(a) Except for funds necessary to pay payroll expenses incurred through June 30, 2000, and payable in July, 2000, on and after July 1, 2000, the balance of all funds and all liabilities associated with the grain commodities pursuant to K.S.A. 2-2601 et seq. as in effect prior to July 1, 2000, and K.S.A. 2-3001 et seq., and amendments thereto, shall be paid and liabilities be transferred to each respective commission created by this act. Any remaining funds of the money retained for payroll expenses shall be paid to the respective commission created by this act.
(b) Except as otherwise provided by this act, all of the powers, duties and functions of the Kansas department of agriculture with regard to the corn, grain sorghum and soybean commission and the Kansas wheat commission are hereby transferred to and conferred and imposed upon the respective corn, grain sorghum, soybean and wheat commissions established by the act.
(c) Except as otherwise provided by this act, the corn, grain sorghum, soybean and wheat commissions established by this act shall be the successor in every way to the powers, duties and functions of the Kansas department of agriculture with regard to the corn, grain sorghum and soybean commissions and the Kansas wheat commission in which the same were vested prior to July 1, 2000. Every act performed in the exercise of such powers, duties and functions by or under the authority of the Kansas department of agriculture with regard to the corn, grain sorghum and soybean commissions and the Kansas wheat commission established by this act shall be deemed to have the same force and effect as if performed by the respective corn, grain sorghum, soybean and wheat commission, respectively in which such powers, duties and functions were vested prior to July 1, 2000.
(d) Except as otherwise provided by this act, whenever the Kansas department of agriculture with regard to the corn, grain sorghum and soybean commissions and the Kansas wheat commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the respective corn, grain sorghum, soybean and wheat commission established by this act.
(e) On the effective date of this act, all property of the Kansas wheat commission prior to July 1, 2000, shall become the property of the wheat commission established by this act.
History:
L. 2000, ch. 116, § 10; L. 2004, ch. 101, § 159; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3003 Qualifications of members of commodity commissions.

2-3003.
Qualifications of members of commodity commissions.
Members of each commission created pursuant to K.S.A. 2-3002, and amendments thereto, shall be residents of this state who have been actively engaged in growing corn, grain sorghum, soybeans, wheat or sunflowers, as applicable, in this state for at least five years immediately preceding such member's election. The member of each commission who has been appointed pursuant to K.S.A. 2-3002, and amendments thereto, shall be a resident of this state who has been a first purchaser in this state for at least five years preceding such member's appointment.
History: L. 1977, ch. 4, § 3; L. 2000, ch. 116, § 3; L. 2002, ch. 93, § 3; L. 2008, ch. 94, § 2; April 24.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3004 Same; organization and meetings.

2-3004.
Same; organization and meetings.
Each commission created pursuant to K.S.A. 2-3002 shall meet as soon as practicable for the purpose of organizing. Each commission shall elect a chairperson from its appointed membership. Each commission may meet at any time deemed necessary and on call of the chairperson, but shall meet at least annually for public discussion of policy with respect to its respective grain commodity.
History:
L. 1977, ch. 4, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3005 Grain commodity commissions; powers and duties; limitations.

2-3005.
Grain commodity commissions; powers and duties; limitations.
(a) In the administration of this act, each commission as provided in this act shall have the following duties, authorities and powers:
(1) To conduct a campaign of grain commodity promotion and market development through research, education and information;
(2) to accept grants and donations;
(3) to sue and be sued;
(4) to contract with the secretary for the collection of assessments pursuant to the provisions of this act and to enter into any other such contracts as may be necessary or advisable for the purpose of this act;
(5) to appoint an administrator who is knowledgeable about the grain commodity and fix the compensation. With the approval of the commission, the administrator may appoint such other personnel as needed. The administrator and any other personnel appointed as provided in this subsection shall not be employees of the state of Kansas;
(6) to cooperate or contract with any local, state or national organization or agency, whether voluntary or created by the law of any state, or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and promotion;
(7) to bring any suit or action for the collection of assessments provided under this act;
(8) to establish an office of administrator at any place in this state the commission may select;
(9) to adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules and regulations for the procedure and exercise of its powers and the performance of its duties;
(10) to approve an annual budget and establish a reserve. Each project budgeted and approved by the commission shall include a stated objective and anticipated results; and
(11) to report annually to their respective commodity growers, the secretary and house and senate agriculture committees of the Kansas legislature. Such annual report shall include details of commission projects, programs and supported research including expenditures and the results of an annual audit performed by a person or entity that is a certified public accountant. Any commission year end reserve balance exceeding 125% of the previous five-year rolling average for annual expenditures for such commission also shall be reported.
(b) Each commission as provided in this act shall not engage in lobbying as defined in K.S.A. 46-255, and amendments thereto. Nothing in this subsection shall be construed to prohibit any commission from engaging in any action designed to market the respective commodity or products directly to a foreign government or political subdivision thereof.
History: L. 1977, ch. 4, § 5; L. 1991, ch. 6, § 2; L. 1996, ch. 209, § 15; L. 2000, ch. 116, § 4; L. 2008, ch. 94, § 3; April 24.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3006 Powers and duties of secretary of agriculture.

2-3006.
Powers and duties of secretary of agriculture.
The secretary shall have the following duties, authorities and powers to:
(1) Hire such clerical and other personnel deemed necessary to carry out the provisions of this act;
(2) establish recordkeeping requirements deemed necessary by the commodity commission affected;
(3) inspect and audit any records required to be kept pursuant to this act; and
(4) contract with the corn, grain sorghum, soybean, wheat and sunflower commissions for the collection of assessment as provided by this act and enter into any other contracts necessary to carry out the provisions of this act.
History:
L. 1977, ch. 4, § 6; L. 1991, ch. 6, § 3; L. 1996, ch. 209, § 16; L. 2000, ch. 116, § 5; L. 2002, ch. 93, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3008 Assessments; collection; deposit in commission account; security for accounts.

2-3008.
Assessments; collection; deposit in commission account; security for accounts.
(a) The assessment imposed pursuant to this act shall on or before the 20th day of the calendar month following the date of settlement be paid by the purchaser to the secretary. The secretary shall issue a receipt to the purchaser for such assessment. The secretary shall deposit all moneys received in payment of such assessment in a bank account established in the name of the commission in accordance with the provisions of this act.
(b) Each bank account used in operating and conducting the commission's duties shall be secured by a pledge of securities in the manner prescribed for state bank accounts as provided under K.S.A. 75-4218, and amendments thereto.
History:
L. 1977, ch. 4, § 8; L. 1978, ch. 1, § 2; L. 1991, ch. 6, § 5; L. 1996, ch. 209, § 18; L. 2000, ch. 116, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3009 Foreclosure of liens.

2-3009.
Foreclosure of liens.
If the grain assessment is not paid to the secretary as provided in K.S.A. 2-3007, and amendments thereto, or within 10 days thereafter, the lien may within one year after the expiration of such 10-day period be foreclosed in any court having jurisdiction in the county in which the grain was grown, or sold, or in which such grain may be found, or in which such grain may have been commingled with other like grain.
History:
L. 1977, ch. 4, § 9, L. 1991, ch. 6, § 8; L. 1996, ch. 209, § 19; L. 2000, ch. 116, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3010 Unlawful acts; penalties.

2-3010.
Unlawful acts; penalties.
Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not less than thirty (30) nor more than ninety (90) days, or by both such fine and imprisonment.
History:
L. 1977, ch. 4, § 10; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3011 Kansas soybean commission; state promotion entity for soybeans.

2-3011.
Kansas soybean commission; state promotion entity for soybeans.
The Kansas soybean commission, established pursuant to K.S.A. 2-3001 et seq., and amendments thereto, shall be the state promotion entity for soybeans under the soybean promotion, research and consumer information act of 1990, public law 101-624, upon certification by the national board or other certifying entity established under such act.
History:
L. 1991, ch. 6, § 1; May 16.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3012 National checkoff program for soybeans.

2-3012.
National checkoff program for soybeans.
On and after the effective date of the national checkoff program for soybeans, established pursuant to public law 101-624, the assessment shall be collected upon all soybeans sold in the state of Kansas. Such assessment shall be levied and assessed to the grower at the time of sale and shall be collected pursuant to the terms of the national checkoff program for soybeans established pursuant to public law 101-624 and any rules and regulations or marketing orders promulgated or issued thereunder. Under the provisions of this act, no soybeans shall be subject to assessment more than once. Assessments made under this section shall constitute a preferred lien and shall have a priority over all other liens and encumbrances upon such soybeans. Any assessment made under this section shall be deducted and paid as herein provided whether such soybeans are stored in this or any other state.
History:
L. 1991, ch. 6, § 6; May 16.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 30 - Grain Commodity Commissions › 2-3013 Assessments, disposition; national checkoff program for soybeans.

2-3013.
Assessments, disposition; national checkoff program for soybeans.
(a) Any assessment collected pursuant to the national checkoff program for soybeans, established pursuant to public law 101-624, shall be paid to the commission on or before the 20th day of the calendar year following the date of settlement and shall be paid by the purchaser of the soybeans to the commission.
(b) Whenever refunds are made from the national checkoff program for soybeans, established pursuant to public law 101-624, such refunds shall be made as authorized by public law 101-624.
(c) All money credited to the soybean commission shall be expended for the soybean commission in the administration of the national checkoff program for soybeans, established pursuant to public law 101-624, the administration of article 30 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, and for the payment of claims upon obligations incurred in the performance of the activities and functions set forth in article 30 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, and for no other purpose.
(d) The Kansas soybean commission shall have the ability to pay and transfer portions of the assessments collected pursuant to the national checkoff program for soybeans, established pursuant to public law 101-624, to the national board as required.
History:
L. 1991, ch. 6, § 7; L. 1996, ch. 209, § 20; L. 2000, ch. 116, § 9; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 32 - Protection Of Farmland And Agricultural Activities › 2-3201 Protection of farmland and agricultural activities; purpose.

2-3201.
Protection of farmland and agricultural activities; purpose.
It is the declared policy of this state to conserve and protect and encourage the development and improvement of farmland for the production of food and other agricultural products. The legislature finds that agricultural activities conducted on farmland in areas in which nonagricultural uses have moved into agricultural areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses. It is therefore the purpose of this act to provide agricultural activities conducted on farmland protection from nuisance lawsuits.
History:
L. 1982, ch. 3, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 32 - Protection Of Farmland And Agricultural Activities › 2-3202 Certain agricultural activities not a nuisance.

2-3202. Certain agricultural activities not a nuisance.
(a) Agricultural activities conducted on farmland, if consistent with good agricultural practices and established prior to surrounding agricultural or nonagricultural activities, are presumed to be reasonable and do not constitute a nuisance, public or private, unless the activity has a substantial adverse effect on the public health and safety.
(b) If such agricultural activity is undertaken in conformity with federal, state, and local laws and rules and regulations, it is presumed to be good agricultural practice and not adversely affecting the public health and safety.
(c) An owner of farmland who conducts agricultural activity protected pursuant to the provisions of this section:
(1) May reasonably expand the scope of such agricultural activity, including, but not limited to, increasing the acreage or number of animal units or changing agricultural activities, without losing such protection so long as such agricultural activity complies with all applicable local, state, and federal environmental codes, resolutions, laws and rules and regulations;
(2) may assign or transfer such protection to any successor in interest; and
(3) shall not be deemed to waive such protection by temporarily ceasing or decreasing the scope of such agricultural activity.
History:
L. 1982, ch. 3, § 2; L. 2013, ch. 93, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 32 - Protection Of Farmland And Agricultural Activities › 2-3203 Definitions.

2-3203. Definitions.
As used in this act:
(a) "Agricultural activity" means the growing or raising of horticultural and agricultural crops, hay, poultry and livestock, and livestock, poultry and dairy products for commercial purposes and includes activities related to the handling, storage and transportation of agricultural commodities.
(b) "Farmland" means land devoted primarily to an agricultural activity.
(c) "Person" means any individual, partnership, profit or nonprofit corporation, trust, organization or any other business entity, but does not include any governmental entity.
(d) "Agricultural chemical" means those agricultural chemicals as defined in the agricultural chemical act set forth in K.S.A. 2-2201 et seq., and amendments thereto.
History:
L. 1982, ch. 3, § 3; L. 1988, ch. 11, § 2; L. 2013, ch. 93, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 32 - Protection Of Farmland And Agricultural Activities › 2-3204 Action for injunction alleging misuse of chemicals; when attorney fees and expenses assessed.

2-3204.
Action for injunction alleging misuse of chemicals; when attorney fees and expenses assessed.
In any case in which an action for injunction is brought alleging the prior misuse of agricultural chemicals and the court finds that the defendant properly used the agricultural chemicals according to state and federal law and the label instructions and that the plaintiff sustained no damages from the use of such agricultural chemicals, the court may assess against the plaintiff reasonable attorney fees and expenses incurred by the defendant as a result of such action. In addition, the court may assess against the plaintiff additional losses and costs incurred by the defendant upon proof that such losses and costs were the result of an injunction granted as part of such action. Any assessment under this section shall be reduced (but not below zero) by an amount equal to the amount of any bond forfeited to the defendant under article 9 of chapter 60 of the Kansas Statutes Annotated. An assessment under this section shall be collected as costs in the action. This section shall be part of and supplemental to the provisions of article 32 of chapter 2 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto.
History:
L. 1988, ch. 11, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 32 - Protection Of Farmland And Agricultural Activities › 2-3205 Exclusive compensatory damages for nuisance originating from farmland used for agricultural activity; standing.

2-3205. Exclusive compensatory damages for nuisance originating from farmland used for agricultural activity; standing.
(a) The exclusive compensatory damages that may be awarded to a claimant where the alleged nuisance originates from farmland primarily used for agricultural activity shall be as follows:
(1) If the nuisance is determined to be a permanent nuisance, compensatory damages shall be limited to the reduction in the fair market value of the claimant's property caused by such nuisance, not to exceed the fair market value of such claimant's property; and
(2) if the nuisance is determined to be a temporary nuisance, compensatory damages shall be limited to the lesser of:
(A) The diminution in fair rental value of the claimant's property caused by such nuisance;
(B) the value of the loss of the use and enjoyment of the claimant's property; or
(C) the reasonable cost to repair or mitigate any injury to the claimant caused by such nuisance.
(b) If any claimant or claimant's successor in interest brings a subsequent nuisance claim against the same defendant or defendant's successors in interest for an alleged nuisance related to the same or a substantially similar agricultural activity, such claimant and claimant's successors in interest shall be limited to the compensatory damages for a permanent nuisance as provided in subsection (a)(1). Damages from any previous final court order or judgment against the defendant or defendant's successors in interest shall be considered in any subsequent case for the purposes of determining that the total amount of damages awarded shall not exceed the fair market value of such claimant's property.
(c) If a defendant in a private nuisance case where the nuisance is alleged to originate from farmland used for agricultural activity demonstrates a good faith effort to abate a condition that is determined to constitute a nuisance, and such good faith effort is unsuccessful, such nuisance shall be deemed to be not capable of abatement and compensatory damages shall be limited as provided in subsection (a)(1). Substantial compliance with a court order regarding such farmland shall constitute a good faith effort as a matter of law.
(d) No person shall have standing to bring an action for private nuisance pursuant to this section unless such person has an ownership interest in the property alleged to be affected by the nuisance.
(e) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(f) This section shall be part of and supplemental to article 32 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2013, ch. 93, § 1; July 1.