reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-214 - Additional definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Whenever the following terms are used in the United States
				department of agriculture's recommended requirements regarding "milk for
				manufacturing purposes and its production and processing," adopted by reference
				in K.A.R.
				4-7-213, the terms shall have the meanings
				assigned in this regulation:
(a) All
			 references to "the act" or "act" shall mean
			 K.S.A.
			 65-771 et seq., and amendments thereto.
(b) All references to "Brucellosis
			 test" shall mean any and all requirements of the Kansas department of animal
			 health pertaining to brucellosis.
(c) All references to any "form" shall mean a
			 form supplied by the Kansas secretary of agriculture.
(d) All references made to an "inspector"
			 shall mean the individual who inspects for compliance with the Kansas dairy
			 law.
(e) All references to
			 "official methods" shall mean the "official methods of analysis of AOAC
			 international," adopted by reference in K.A.R. 4-7-716.
(f) All references to "regulatory agency"
			 shall mean the Kansas department of agriculture.
(g) All references to "standard methods"
			 shall mean the edition of "standard methods for the examination of dairy
			 products," adopted by reference in K.A.R. 4-7-716.
(h) All references to equipment, whenever
			 "3-A sanitary standards," "3-A standards," "3-A suggested methods," and "3-A
			 accepted practices" are used, shall mean that the equipment referred to in that
			 context is 3-A sanitary standards-approved before use in producing
			 manufacturing-grade milk.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-507 - Special dietary frozen desserts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The term
			 "special dietary frozen desserts" shall mean frozen dairy desserts for special
			 dietary purposes that are made in semblance of ice cream or ice milk and that
			 contain sweetening ingredients other than nutritive carbohydrate sweeteners.
(b) Special dietary frozen
			 desserts shall be labeled to meet the requirements of the Kansas food, drug,
			 and cosmetic act, code of federal regulations, title 21.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-510 - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
Except for 21 C.F.R. 135.160, pertaining to
				water ices, 21 C.F.R. part 135, revised on April 1, 2005, titled "frozen
				desserts," is hereby adopted by reference. Copies of these federal regulations,
				or pertinent portions of the regulations, may be obtained from the Kansas
				department of agriculture.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-530 - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following sections of 7 C.F.R. part 58, revised on January 1, 2006, are hereby
			 adopted by reference:
(1) All of section
			 58.126;
(2) all of sections 58.132
			 through 58.138; and
(3) all of
			 sections 58.605 through 58.654, except sections 58.646, 58.648, and 58.653.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-531 - Additional definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Notwithstanding any language to the contrary, all references to any "standard
			 of identity" in 7 C.F.R.
			 58.605, as adopted by reference in K.A.R.
			 4-7-530, shall mean the corresponding standard of identity established by
			 K.A.R. 4-7-510.
(b) All references
			 to "standard methods for the examination of dairy products" in the regulations
			 adopted by reference in K.A.R. 4-7-530 shall mean the edition of the "standards
			 for examination of dairy products" adopted by reference in K.A.R. 4-7-716.
(c) All references to "official
			 methods of analysis of the association of analytical chemists" in the
			 regulations adopted by reference in K.A.R. 4-7-530 shall mean the edition of
			 the "official methods of analysis of AOAC international" adopted by reference
			 in K.A.R. 4-7-716.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-532 - Examination of frozen dairy desserts and frozen dairy dessert mixes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A sample of
			 any frozen dairy dessert or frozen dairy dessert mix may be taken by the Kansas
			 secretary of agriculture as often as the secretary deems necessary to prevent
			 the introduction of or to remove any adulterated, misbranded, or unclean frozen
			 dairy desserts or frozen dairy dessert mixes from the marketplace.
(b) Samples shall be taken at least annually
			 at each business or location owned or operated by any person required to obtain
			 a license to operate a dairy manufacturing plant.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-533 - Coliform and bacteria standards for frozen dairy desserts and frozen dairy dessert mixes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A frozen
			 dairy dessert product shall not contain more than 50,000 bacteria per gram as
			 determined by the standard plate count and shall not contain more than 10
			 coliform organisms per gram in three out of the last five samples.
(b) A frozen dairy dessert mix shall not
			 contain more than 20,000 bacteria per gram as determined by the standard plate
			 count and shall not contain more than 10 coliform organisms per gram in three
			 out of the last five samples.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-715 - Enforcement

Current through Register Vol. 43, No. 28, July 11, 2024
K.A.R.
				4-7-715 through
				K.A.R.
				4-7-722 shall be enforced by the Kansas
				secretary of agriculture in accordance with the corresponding provisions
				contained in the "grade 'A' pasteurized milk ordinance" adopted by reference in
				K.A.R.
				4-7-716, a copy of which shall be on file in
				the office of the Kansas secretary of agriculture.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-716 - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The following
			 documents are hereby adopted by reference:
(1)
			 The "grade A' pasteurized milk ordinance," 2019 revision, including appendices,
			 published by the U.S. department of health and human services, public health
			 service, and food and drug administration, except pages i-xvi, pages 400-423,
			 section 1 (G), (V), (GG), (HH), (II), (JJ), (KK), (LL), (NN),
(OO),
and (SS), sections 2, 9,15,16, 17, and 18, appendix Q, and all
			 explanatory public health reasons information. The following C.F.R. sections,
			 as in effect on April 1, 2019, are also adopted by reference:
(A)
										21 C.F.R.
			 11;
(B)
										21 C.F.R.
			 108, except subpart A;
(C)
										21 C.F.R.
			 113, except subpart B;
(D)
										21 C.F.R.
			 117, except subpart E;
(E)
										21 C.F.R.
			 131.3;
(F)
										21 C.F.R.
			 131.170;
(G)
										21 C.F.R.
			 173.310, except subsection (f);
(H)
										21 C.F.R.
			 174, except § 174.6;
(I)
										21 C.F.R.
			 175, except subpart A;
(J)
										21 C.F.R. 176, except subpart
			 A;
(K)
										21 C.F.R.
			 177, except subpart A; and (L)
			 21 C.F.R.
			 178, except subpart A;
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-717 - Additional definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 references to "this ordinance" in the "grade 'A' pasteurized milk ordinance"
			 adopted by reference in K.A.R. 4-7-716 shall mean K.A.R. 4-7-716.
(b) All references to "regulatory agency" in
			 the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R.
			 4-7-716 shall mean the department.
(c) All references to "jurisdiction" in the
			 "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716
			 shall mean the state of Kansas.
(d) "Cottage cheese" means the product
			 defined in 21 C.F.R.
			 133.128 as revised on April 1, 2005 and
			 hereby adopted by reference. Grading of this product shall be optional.
(e) "Dry curd cottage cheese"
			 means the product defined in 21 C.F.R. 133.129 as revised on
			 April 1, 2005 and hereby adopted by reference. Grading of this product shall be
			 optional.
(f) All references to
			 the "standard methods for the examination of dairy products of the American
			 public health association" in the "grade 'A' pasteurized milk ordinance"
			 adopted by reference in K.A.R. 4-7-716 shall mean the publication adopted by
			 reference in K.A.R. 4-7-716(a)(4).
(g) All references to the "official method of
			 analysis of AOAC international" in the "grade 'A' pasteurized milk ordinance"
			 adopted by reference in K.A.R. 4-7-716 shall mean the publication adopted by
			 reference in K.A.R. 4-7-716(a)(5).
(h) Whenever reference is made in the "grade
			 'A' pasteurized milk ordinance," as adopted by reference in K.A.R. 4-7-716, to
			 the requirements or responsibilities of a "vendor," the reference shall
			 obligate the processor of milk.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-718 - Insertions

Current through Register Vol. 43, No. 28, July 11, 2024
Each reference to the proper legal jurisdiction in the "grade
				'A' pasteurized milk ordinance" adopted by reference in
				K.A.R.
				4-7-716 shall be completed by insertion of
				the word "Kansas" or the phrase "state of Kansas," whichever the context
				requires.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-719 - Additions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In item 10p
			 appearing in section 7 of the "grade 'A' pasteurized milk ordinance" adopted by
			 reference in K.A.R. 4-7-716, the following language shall be inserted after the
			 last sentence in the first paragraph: "However, cottage cheese, cheese
			 dressings, or cheese ingredients may be transported by other methods which
			 protect the product from contamination."
(b) In item 18p appearing in section 7 of the
			 "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716,
			 the following language shall be inserted after the last sentence in the first
			 paragraph: "However, cottage cheese, dry curd cottage cheese, and reduced-fat
			 or low-fat cottage cheese may be transported in sealed containers in a
			 protected sanitary manner from one plant to another for creaming or packaging."
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-804 - Schedule of fees for nonregulatory laboratory work

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person who requests the Kansas
			 department of agriculture laboratory to perform any of the following analyses
			 shall pay the department $15.00 for each analysis:
(1) An analysis to determine the presence of
			 coliforms or E. coli in water used for dairy production or dairy
			 processing;
(2) an analysis to
			 determine the percentage of added water in raw milk;
(3) an analysis to determine the percentage
			 of butterfat in raw milk, retail milk, or milk products; and
(4) an analysis to determine the amount of
			 extraneous material in raw milk.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-900 - Civil penalty; order

Current through Register Vol. 43, No. 28, July 11, 2024
Each order assessing a civil penalty shall include the
				following:
(a) A general statement
			 citing the section of the act authorizing the assessment of a civil penalty;
(b) a specific reference to each
			 provision of the act or implementing regulation that the respondent is alleged
			 to have violated;
(c) a concise
			 statement of the factual basis for each alleged violation;
(d) the amount of the civil penalty; and
(e) notice of the respondent's
			 right to request a hearing.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-902 - Amount of civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A separate
			 civil penalty shall be assessed for each violation of the Kansas dairy law,
			 K.S.A.
			 65-771 et seq., and amendments thereto, that
			 results from each independent act or failure to act by any dairy manufacturing
			 plant or agent or employee of the plant or agent. In determining whether a
			 given violation is independent of and substantially distinguishable from any
			 other violation for the purpose of assessing separate civil penalties,
			 consideration shall be given to whether each violation requires an element of
			 proof not required by another violation. If several violations require the same
			 elements of proof and are not distinguishable, assessment of separate civil
			 penalties shall be within the discretion of the secretary or the secretary's
			 authorized representative.
(b) A
			 penalty of not more than $300 may be assessed by the secretary if a violation
			 ultimately could result in harm or danger to the public health or is a repeat
			 violation identified in subsection (c).
(c) For the second occurrence and for each
			 subsequent occurrence of a violation for which a civil penalty has been
			 assessed within a three-year period, the civil penalty assessed shall be the
			 maximum amount allowed by law.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-903 - Criteria to determine dollar amount of the civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
In determining the amount of civil penalty, the gravity of the
				violation shall be considered by the secretary or the secretary's designee.
				Factors to be considered may include the following:
(a) The potential of the act to injure or
			 endanger the health of any consumer, or the general public;
(b) the severity of actual or potential
			 injuries;
(c) the respondent's
			 history of compliance with
			 K.S.A.
			 65-789, and amendments thereto, and the
			 regulations adopted thereunder;
(d) any action taken by the respondent to
			 remedy the specific violation or to mitigate any adverse health effects or
			 environmental effects that were the result of the violation; and
(e) any misrepresentation or fraud associated
			 with the violation.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-904 - Informal settlement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 respondent may request a settlement conference if the respondent timely filed a
			 written request for hearing. The request may be made before the prehearing
			 conference.
(b) If a settlement is
			 reached, the parties shall reduce the settlement to writing and present the
			 proposed written consent agreement to the secretary. The consent agreement
			 shall state that, for the purpose of the proceeding, the following conditions
			 are met:
(1) The respondent admits the
			 jurisdictional allegations and admits the facts stipulated in the consent
			 agreement.
(2) The respondent
			 neither admits nor denies the specific violations contained in the order.
(3) The respondent consents to the
			 assessment of a stated civil penalty.
The consent agreement shall include all terms of the agreement
				and shall be signed by all parties or their counsel.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 7 - MILK AND DAIRY PRODUCTS › Section 4-7-1000 - Milk hauler license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each milk
			 hauler shall sample, weigh, handle, and transport milk or cream samples in
			 accordance with the "standard methods for examination of dairy products," the
			 "official methods of analysis of AOAC international," and the provisions of the
			 "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716.
(b) Before the initial issuance of
			 the milk hauler license, each applicant shall pass a written examination on the
			 proper procedures for sampling, testing, and weighing milk or cream, and on the
			 state laws and regulations pertaining to milk and dairy products.
(c) Each milk hauler license shall be renewed
			 when the applicant pays the required fees and attends renewal training provided
			 by the secretary at least once during any three consecutive licensing periods.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-13 - Service of notices and statements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Service of notices and statements
			 required by
			 K.S.A.
			 2-1320, and amendments thereto, shall be
			 deemed sufficient when made upon the owner of the land to which the notice or
			 statement pertains or the landowner's agent or trustee, the executor or
			 administrator of the estate of a deceased landowner, the guardian or
			 conservator of the estate of a minor or legally disabled person, or one of
			 several joint owners or tenants in common, by either of the following means:
(1) Personal delivery; or
(2) certified mail.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-14a - Herbicides approved for cost-share

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"approved herbicides for cost-share," dated May 20, 2020, is hereby adopted by
				reference.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-27 - Adoption of control methods for musk thistle

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The Kansas department of agriculture's
			 document titled "official control methods for musk thistle," dated May 20,
			 2020, is hereby adopted by reference and shall apply to the control of musk
			 thistle in Kansas.
(b) If a county,
			 city, township, or district weed supervisor determines that musk thistles in
			 the weed supervisor's county, city, township, or district have reached a stage
			 of maturity that will render the weed control methods currently being used in
			 that county, city, township, or district ineffective, the weed supervisor may
			 give notice requiring the effective control methods to be implemented within 10
			 business days of the date the notice was issued.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-28 - Adoption of control methods for Johnson-grass

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for Johnsongrass," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of Johnsongrass in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-29 - Adoption of control methods for field bindweed

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for field bindweed," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of field bindweed in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-30 - Adoption of control methods for hoary cress

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for hoary cress," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of hoary cress in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-31 - Adoption of control methods for Russian knapweed

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for Russian knapweed," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of Russian knapweed in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-32 - Adoption of control methods for bur ragweed

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for bur ragweed," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of bur ragweed in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-33 - Adoption of control methods for Canada thistle

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for Canada thistle," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of Canada thistle in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-34 - Adoption of control methods for leafy spurge

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for leafy spurge," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of leafy spurge in Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-35 - Adoption of control methods for quackgrass

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for quackgrass," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of quackgrass in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-36 - Adoption of control methods for pignut

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for pignut," dated May 20, 2020, is hereby adopted by
				reference and shall apply to the control of pignut in Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-37 - Adoption of control methods for kudzu

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for kudzu," dated May 20, 2020, is hereby adopted by
				reference and shall apply to the control of kudzu in Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-38 - Weed supervisor employment

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each individual hired to serve as a county, city, township, or district weed
			 supervisor shall be hired as an employee of the county, city, township, or
			 district and not as an independent contractor. Any county, city, township, or
			 district weed supervisor serving as an independent contractor when this
			 regulation becomes effective may continue to serve as an independent contractor
			 until the expiration of the current term under that individual's existing
			 contract, which shall not be renewed or extended.
(b) Any individual seeking employment as a
			 county, city, township, or district weed supervisor may be conditionally
			 approved for employment by the secretary if the individual has education,
			 training, or experience sufficient to allow the individual to carry out the
			 employment duties of a county, city, township, or district weed
			 supervisor.
(c) Final approval of
			 the employment of each individual who has been conditionally approved to be
			 employed as a county, city, township, or district weed supervisor may be issued
			 by the secretary when the individual has met the following requirements:
(1) Obtained certification as a pesticide
			 applicator in category 9a, regulatory pest control, noxious weed control,
			 pursuant to
			 K.S.A. 2-2438a et
			 seq. and amendments thereto; and
(2) successfully completed the noxious weed
			 basic short course offered by the Kansas department of agriculture, plant
			 protection and weed control program.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-40 - Adoption of control methods for sericea lespedeza

Current through Register Vol. 43, No. 28, July 11, 2024
The Kansas department of agriculture's document titled
				"official control methods for sericea lespedeza," dated May 20, 2020, is hereby
				adopted by reference and shall apply to the control of sericea lespedeza in
				Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-44 - Designation of noxious weeds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Pursuant to
			 K.S.A.
			 2-1314 and amendments thereto, the weeds
			 designated noxious by the secretary shall be placed in the following
			 categories:
(1) Category A noxious weeds,
			 which are weed species that are generally not found in the state or that are
			 found limited in distribution throughout the state;
(2) category B noxious weeds, which are weed
			 species with discrete distributions throughout the state; and
(3) category C noxious weeds, which are weed
			 species that are well established within the state and known to exist in larger
			 or more extensive populations in the state.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-45 - official control plans

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each official control plan adopted by the secretary shall be based on the most
			 current available science and shall include, if applicable, biological,
			 chemical, cultural, and mechanical methods of control.
(b) A control method adopted by the secretary
			 as part of an official control plan that includes more than one control method
			 shall not be used alone for the control of noxious weeds, except that any
			 chemical control method may be used alone and any county, city, township, or
			 district weed supervisor may, at the county, city, township, or district weed
			 supervisor's discretion, use any integrated weed management technique alone for
			 the control of any perennial noxious weed.
(c) The control of each noxious weed species
			 shall be undertaken in accordance with the official control plan adopted by the
			 secretary for that noxious weed species.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-46 - Annual report

Current through Register Vol. 43, No. 28, July 11, 2024
Each annual weed eradication progress report that a weed
				supervisor submits to the secretary pursuant to
				K.S.A.
				2-1316, and amendments thereto, shall
				include, at a minimum, the following:
(a) The approximate acreage of land,
			 including roadside areas, currently infested with each species of noxious weed
			 and the location of each infestation in the county;
(b) the dollar amount of all expenditures
			 made during the year to purchase materials, chemicals, and other equipment for
			 the control of noxious weeds;
(c)
			 the dollar amount of all sales made during the year, for cash or charge, of
			 materials, chemicals, and other equipment for the control of noxious
			 weeds;
(d) the dollar amount of all
			 charges and receipts made during the year for use of equipment owned by each
			 county, city, township, or district on public or private land;
(e) the approximate acreage of land,
			 including roadside areas, treated for each species of noxious weed during the
			 year and the control methods used for treatment; and
(f) any other relevant information that the
			 secretary deems necessary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-47 - Management plan

Current through Register Vol. 43, No. 28, July 11, 2024
Each county, city, township, or district weed supervisor, with
				the aid of that county, city, township, or district weed supervisor's board of
				county commissioners or city or township board, shall submit a management plan
				to the secretary no later than March 15 of each year pursuant to
				K.S.A.
				2-1316, and amendments thereto. Each
				management plan shall be submitted on a form provided by the department and
				shall include, at a minimum, the following:
(a) The goals and priorities of the county,
			 city, township, or district's noxious weed control program;
(b) the distribution and abundance of each
			 noxious weed species known to exist within the county, city, township, or
			 district; specific locations of new infestations; and areas particularly
			 susceptible to new infestations;
(c) integrated weed management goals and
			 procedures, including goals and procedures regarding biological control agent
			 selection and distribution, pesticide selection and application, and cultural
			 and mechanical controls;
(d) the
			 estimated personnel, operations, and equipment costs of the proposed
			 program;
(e) a compliance plan or
			 strategy;
(f) a strategy for
			 working with state agencies to control noxious weeds on state lands;
			 and
(g) any other relevant
			 information that the secretary deems necessary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 8 - NOXIOUS WEEDS › Section 4-8-48 - Contents of notices and statements

Current through Register Vol. 43, No. 28, July 11, 2024
Each notice or statement given to the owner, operator, or
				supervising agent of any noxious weed-infested land pursuant to
				K.S.A.
				2-1331, and amendments thereto, shall
				include, at a minimum, the following:
(a) The legal description of the noxious
			 weed-infested land;
(b) the name of
			 the owner, operator, or supervising agent of the noxious weed-infested land, as
			 indicated by the records of the clerk of the county where the land is
			 located;
(c) the approximate
			 acreage of the noxious weed infestation or infestations specified in the notice
			 or statement;
(d) the official
			 methods adopted by the secretary for the control of the noxious weeds specified
			 in the notice or statement;
(e) a
			 time frame, which shall not be fewer than five days after mailing the notice,
			 in which the owner or operator or supervising agent of the noxious
			 weed-infested land shall implement the required noxious weed control
			 methods;
(f) a statement that if
			 the owner, operator, or supervising agent fails to implement the required
			 noxious weed control methods within the time frame provided in the notice or
			 statement, the county, city, township, or district weed supervisor may enter
			 the noxious weed-infested land or cause the noxious weed-infested land to be
			 entered upon as often as necessary to control the noxious weed infestation and
			 may use approved noxious weed control methods that the county, city, township,
			 or district weed supervisor deems best adapted for the control of noxious weeds
			 on the particular area of land;
(g)
			 a statement that if the county, city, township, or district weed supervisor
			 enters the noxious weed-infested land or causes the noxious weed-infested land
			 to be entered upon to control the noxious weed infestation, the owner,
			 operator, or supervising agent shall be served notice of the costs of treatment
			 pursuant to
			 K.S.A.
			 2-1332, and amendments thereto; and
(h) a statement that the owner, operator, or
			 supervising agent may be prosecuted pursuant to
			 K.S.A.
			 2-1323, and amendments thereto, and, if
			 convicted, fined as established by law.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-1a - Prohibited acts

Current through Register Vol. 43, No. 28, July 11, 2024
It shall be a violation to perform any of the following:
(a) Install, relocate, modify, repair, or use
			 any system or equipment for storing, reacting, transferring, transporting,
			 applying, or dispersing by any other means anhydrous ammonia unless the system,
			 permanent storage facility, or equipment is in compliance with this article
			 10;
(b) except as provided under
			 K.A.R. 4-10-4b(b), transfer anhydrous ammonia into a mobile container unless
			 the container bears a legible manufacturer's data plate or equivalent
			 stamp;
(c) deface the
			 manufacturer's data plate or equivalent stamp;
(d) transfer any anhydrous ammonia into a
			 container or system having structural damage or any other defect that would
			 prevent the containment of anhydrous ammonia;
(e) transfer anhydrous ammonia into or out of
			 any container without the consent of the owner of each container;
(f) transfer, or permit the transfer of,
			 anhydrous ammonia into a permanent storage container unless the permanent
			 storage container has a current KDA-issued proof-of-inspection seal attached to
			 the respective system;
(g) conduct
			 non-code welding directly on a container or any parts subject to
			 pressure;
(h) fail to report any
			 release of 100 pounds or more of anhydrous ammonia within 48 hours of the
			 release;
(i) conduct a transfer
			 without an attendant present at the transfer site;
(j) transfer anhydrous ammonia into any
			 vessel that does not comply with K.A.R. 4-10-1 through 4-10-16 ; or
(k) maintain anhydrous ammonia in any vessel
			 that does not meet the requirements of K.A.R. 4-10-1 through 4-10-16
			 .
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-1b - Reportable events

Current through Register Vol. 43, No. 28, July 11, 2024
The owner or operator of each anhydrous ammonia storage
				facility or any equipment shall report, to the secretary or the secretary's
				authorized representative, each accidental or unauthorized release of 100
				pounds or more of anhydrous ammonia within 48 hours after the release. Nothing
				in this regulation shall require the reporting of an intentional release of
				anhydrous ammonia into the soil during the normal course of
				application.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-2e - Container valves and appurtenances

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Connections to containers shall be
			 limited to liquid-level gauges, emergency shutoff valves, pressure gauges,
			 vapor-relief valves, liquid lines, vapor lines, and thermometers.
(b) Each vapor line and liquid line shall
			 have a manually operated shutoff valve located as close to the container as
			 practical.
(c) On or before July 1,
			 2012, each permanent storage container shall be equipped with an emergency
			 shutoff valve that meets the requirements of K.A.R. 4-10-1(l) .
(d) No metal part or component of a system
			 that is normally in contact with anhydrous ammonia shall be made of a metal
			 that is incompatible with anhydrous ammonia, including galvanized metal, cast
			 iron, zinc, copper, and brass.
(e)
			 Openings from the container or through fittings that are not larger than a no.
			 54 drill size opening shall not be required to be equipped with an excess flow
			 valve.
(f) Each valve and
			 appurtenance shall be suitable for use with anhydrous ammonia and designed for
			 not less than the maximum pressure to which the valve and appurtenance will be
			 subjected. Each valve that could be subjected to container pressures shall have
			 a rated working pressure of at least 250 psig.
(g)
(1) Each
			 vapor or liquid line greater than a no. 54 drill size opening shall be equipped
			 with an excess flow valve that closes automatically at the rated flows of vapor
			 or liquid specified by the manufacturer.
(2) The connections, lines, valves, and
			 fittings protected by one or more excess flow valves shall have a greater
			 capacity than the rated flow of the excess flow valves so that the valves will
			 close in case of failure at any point in the lines or fittings.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-4a - Containers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each container
			 shall be constructed and tested in accordance with the code and shall have a
			 minimum design pressure of 250 psig.
(b) Subsection (a) shall not prohibit the
			 continued use of permanent storage containers that were constructed and
			 maintained in accordance with Kansas statutes and regulations in effect before
			 the effective date of this regulation.
(c) Each permanent storage container shall be
			 inspected according to
			 K.S.A.
			 44-913 et seq., and amendments thereto, by
			 the Kansas department of labor, division of industrial safety and health upon
			 initial installation and relocation.
(d)
(1) Each
			 permanent storage container that has sustained structural damage shall be
			 inspected and approved for use by the Kansas department of labor, division of
			 industrial safety and health.
(2)
			 Each mobile container that has sustained any structural damage shall be
			 inspected and approved for use by a national board inspector.
(3) Structural damage shall include evidence
			 of any of the following:
(A)
			 Corrosion;
(B) any indentation or
			 abrasion that meets any of the following conditions:
(i) Is over one-half inch deep and includes a
			 weld;
(ii) is deeper than 1/10th
			 of the greatest length of the dent but does not include a weld; or
(iii) is deeper than one inch;
(C) stretching;
(D) cracking;
(E) faulty welds;
(F) non-code welding;
(G) faulty couplings; or
(H) any other similar condition.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-4b - Markings on containers and systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as provided by K.A.R. 4-10-4a(b)
			 and 4-10-4b(b), each container shall have a data plate, or manufacturer's
			 equivalent stamping, that is permanently attached to the container in a
			 location that is both legible and readily accessible for inspection.
(b) A mobile container that does not have a
			 legible data plate or equivalent stamping may be allowed for ammonia use only
			 if the container is properly tested, registered, and marked under USDOT
			 exemption # DOT-SP13554.
(c) Each
			 shutoff valve within a system shall be identified to show whether the valve is
			 in liquid or vapor service. The method of identification may be by color code
			 or by use of the word "vapor" or "liquid" placed within 12 inches of the valve
			 by means of a stencil, tag, or decal.
(d) All container surfaces shall be
			 maintained to avoid deterioration. Surfaces that require paint shall be painted
			 white.
(e) Each permanent storage
			 container or group of permanent storage containers shall be marked with the
			 following:
(1) Letters at least four inches
			 high, on at least two sides, with the words "CAUTION AMMONIA" or "ANHYDROUS
			 AMMONIA," in a color that contrasts with the color of the container;
			 and
(2) a national fire protection
			 association diamond for anhydrous ammonia placed in a location that would be
			 readily visible to emergency responders.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-4c - Permanent storage facility design and permanent storage container location

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Before installing or relocating a permanent storage container or permanent
			 storage facility, the owner may submit to the secretary a detailed diagram of
			 the permanent storage facility for review or request a preliminary site survey
			 to ensure that the proposed site meets the requirements in subsections (c),
			 (d), (e), and (f).
(b) The name of
			 the permanent storage facility and the telephone number to be contacted in case
			 of an emergency shall be posted and be legible from each facility entrance
			 using letters at least two inches high.
(c) No permanent storage container shall be
			 located inside an enclosed structure unless the structure is specifically
			 constructed for this purpose.
(d)
			 The nearest edge of the nearest permanent storage container shall be located at
			 a distance meeting the following conditions:
(1) At least 50 feet from the edge of any
			 property not owned or leased by the permanent storage facility;
(2) at least 50 feet from a well or other
			 point of diversion used as a source of drinking water;
(3) at least 50 feet from storage locations
			 of flammables or explosives;
(4) at
			 least 1,000 feet from the area accessible to the public of any public assembly
			 area, as defined in K.A.R. 4-10-1 ; and
(5) not on or less than 100 feet from the
			 surface of a public roadway.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-4d - Pressure-relief valves

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each container or system of containers shall have liquid and vapor
			 pressure-relief valves to prevent pressure build-up in any portion of the
			 system. Each pressure-relief valve shall be manufactured for use with anhydrous
			 ammonia and be installed, maintained, and replaced according to the
			 manufacturer's instructions.
(b)
			 Each vapor-relief valve shall be set to indicate discharge at a pressure of not
			 less than 95 percent, and not more than 100 percent, of the design pressure of
			 the container to which the vapor-relief valve is attached. Each vapor-relief
			 valve shall be constructed to completely discharge before the pressure exceeds
			 120 percent of the design pressure of the container to which the vapor-relief
			 valve is attached.
(c)
			 Pressure-relief valves shall not exhaust within or beneath any building or
			 other confined area.
(d) Each
			 pressure-relief valve discharge opening shall have a suitable rain cap or other
			 device that allows free discharge of the vapor and prevents the entrance of
			 water.
(e) Each pressure-relief
			 valve shall be replaced if the valve meets any of the following conditions:
(1) Fails to meet applicable
			 requirements;
(2) shows evidence of
			 damage, corrosion, or foreign matter; and
(3) does not have functional weep holes that
			 permit moisture to escape.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-4e - Hose specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each hose with a diameter of at least 
			 1/2 inch used in ammonia service and
			 subject to container pressure shall withstand at least 350 psig and shall have
			 the following information etched, cast, or impressed in a legible format at
			 intervals not to exceed five feet along the hose surface:
(1) The phrase "Anhydrous Ammonia";
(2) the maximum working pressure of the hose;
			 and
(3) the date the hose is to be
			 removed from service.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-4f - Gauging devices

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each container, except any container filled by weight, shall be equipped with a
			 liquid-level gauging device designed for use with anhydrous ammonia and
			 installed according to the manufacturer's instructions.
(b) Each gauging device shall be arranged so
			 that the maximum liquid level to which the container may be filled is readily
			 determinable.
(c) Each container
			 shall be equipped with a fully operational pressure-indicating gauge with a
			 dial graduated from 0-400 psig.
(d)
			 Each gauging device shall have a design pressure at least equal to the design
			 pressure of the container on which the device is used.
(e) Each device used to weigh or measure
			 anhydrous ammonia shall meet all of the requirements of weighing and measuring
			 devices in
			 K.S.A.
			 83-201 et seq., and amendments thereto, and
			 any implementing regulations adopted by the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-5 - Tank trucks, semitrailers and trailers for transportation of anhydrous ammonia

Current through Register Vol. 43, No. 28, July 11, 2024
Each tank truck, semitrailer, and trailer, except implements of
				husbandry, used for the transportation of anhydrous ammonia shall meet the
				following requirements:
(a) Design
			 pressure of containers.
(1) Each container
			 shall be constructed in accordance with K.A.R. 4-10-2b and shall have a minimum
			 design pressure of 250 psig.
(2)
			 The shell or head thickness of each container shall not be less than 3/16 of an
			 inch.
(3) Baffles shall not be
			 required for any cargo tank that is designed so that the container is loaded to
			 capacity and discharged at one unloading point. All other containers having a
			 capacity in excess of 500 gallons shall be equipped with suitable, semirigid
			 baffle plates.
(4) Except for
			 safety relief valves, liquid level gauging devices, and pressure gauges, all
			 container openings shall be labeled to designate whether they communicate with
			 liquid or vapor space. Labels may be located on valves.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-5a - Tank trucks and semitrailers used for transport for infield delivery

Current through Register Vol. 43, No. 28, July 11, 2024
Tank trucks and semitrailers used to transport anhydrous
				ammonia may be used to fill an implement of husbandry with a capacity of 20,000
				pounds or more. These trucks and semitrailers shall be exempt from the
				requirements in
				K.A.R.
				4-10-6b if the following requirements are
				met:
(a) The tank truck or the
			 semitrailer transferring the anhydrous ammonia or the implement of husbandry
			 shall carry at least 100 gallons of water for whole-person rinsing if exposure
			 to anhydrous ammonia occurs.
(1) The water
			 shall be clearly identified for safety use and be readily accessible.
(2) The water shall be visibly clean, free of
			 debris, and maintained in a liquid state.