reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25l - Penalty for noncompliance with pesticide containment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The license, certification, or
			 registration of any pesticide business licensee, governmental agency
			 registrant, pesticide dealer, or certified private applicator who is found to
			 have violated a pesticide containment requirement in K.A.R. 4-13-25a through
			 4-13-25k shall be subject to suspension, revocation, nonrenewal, or
			 cancellation.
(b) Any pesticide
			 business licensee or pesticide dealer who is found to have violated a pesticide
			 containment requirement in K.A.R. 4-13-25 through 4-13-25k may incur a civil
			 penalty in accordance with K.A.R. 4-13-62 .
(c) Enforcement of K.A.R. 4-13-25 through
			 K.A.R. 4-13-25k shall be conducted in accordance with the provisions of the
			 Kansas administrative procedures act,
			 K.S.A.
			 77-501 et seq. and amendments thereto.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25m - Change in owner or operator of bulk pesticide storage facility; reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If
			 the owner or operator of a bulk pesticide storage facility changes, the new
			 owner or operator shall notify the secretary of the change within 30 days after
			 the effective date of the change, on a form prescribed by the
			 secretary.
(b) The new owner or
			 operator shall meet one of the following requirements:
(1) Submit to the secretary the diagram,
			 plans, and specifications of the bulk pesticide storage facility required by
			 K.A.R. 4-13-25h ; or
(2)
(A) State on the notification form that the
			 owner or operator has reviewed the existing diagrams, plans, and specifications
			 maintained by the secretary;
(B)
			 certify that the bulk pesticide storage facility remains consistent with those
			 existing diagrams, plans, and specifications; and
(C) certify that the bulk pesticide storage
			 facility has been constructed, remodeled, or converted and is maintained and
			 operated in accordance with K.A.R. 4-13-25 through K.A.R. 4-13-25k .
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-26 - Preconstruction application of pesticide for termite control

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to the requirements of the label, each
				preconstruction application of pesticide for the control of termites shall
				consist of establishing both horizontal and vertical chemical barriers, as
				specified in this regulation.
(a)
			 Horizontal chemical barriers shall be established in areas intended to be
			 covered, including the soil beneath slab floors and porches, footing trenches
			 for monolithic slabs, and the soil beneath stairs.
(b) Vertical chemical barriers shall be
			 established in the soil around the base of foundations, plumbing fixtures,
			 foundation walls, support piers, and voids in masonry, and any other critical
			 areas where structural components extend below grade.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-27 - Certificate of liability insurance

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant for a pesticide business license shall provide
				the secretary with a certificate of liability insurance which shall contain the
				following information:
(a) the name
			 of the insured pesticide business licensee;
(b) the name of the insurance company which
			 issued the policy;
(c) the
			 effective date of the policy;
(d)
			 the expiration date of the policy; and
(e) the policy number.
If a surety bond is furnished in lieu of a certificate of
				liability insurance, the bond shall be executed on a form provided by the
				secretary and shall comply with the provisions of K.A.R. 4-13-8.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-28 - Target pests which are not specified on the pesticide's label or labeling

Current through Register Vol. 43, No. 28, July 11, 2024
Any pesticide may be applied for the purpose of controlling a
				pest which is not specified on the pesticide's label or labeling provided that:
(a)
(1) the pesticide's label or labeling
			 authorizes application of the pesticide to the same crop, animal or site
			 requiring application;
(2) the
			 pest to be controlled belongs to the same general group of pests intended to be
			 controlled by the pesticide to be applied;
(3) the pesticide's label or labeling does
			 not specifically prohibit its application to the target pest to be controlled,
			 or to the crop, animal or site to which the pesticide is to be applied; and
(4) the application of the
			 pesticide to the target pest, or to the crop, animal or site, has not been
			 prohibited by rules and regulations promulgated by the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-29 - General use pesticides for household application or use for the purpose of pesticide dealer registrations

Current through Register Vol. 43, No. 28, July 11, 2024
General use pesticide products sold for household application
				or use shall include only those ready-to-use general use pesticide products
				which:
(a) are to be applied
			 undiluted, in accordance with use instructions shown on the pesticide's label;
			 and
(b) are to be applied by
			 homeowners or occupants to control pests in and around the family dwelling and
			 associated structures.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-30 - Dealer recordkeeping requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each pesticide dealer shall maintain
			 records of all restricted-use pesticide products sold or otherwise conveyed.
			 These records shall be made available during reasonable business hours to the
			 secretary or the secretary's authorized representative for purposes of
			 inspection and copying. Each record required by this regulation shall be kept
			 for at least two years after the date of the sale or conveyance.
(b) The records specified in subsection (a)
			 shall contain the following information:
(1)
			 The name of each person to whom the restricted-use pesticide product has been
			 sold or conveyed, as verified by the person's presentation of a federal or
			 state government-issued identification card;
(2) the address of either the residence or
			 principal place of business of each person to whom the restricted-use pesticide
			 product has been sold or conveyed;
(3) the name and address of either the
			 residenceor principal place of business of the individual to whom the
			 restricted-use pesticide product has been delivered or conveyed, if different
			 from the purchaser;
(4) the
			 certification number of the applicator's certificate;
(5) the name of the state issuing the
			 certificate;
(6) the expiration
			 date of the certificate;
(7) if the
			 applicator is a certified commercial applicator of pesticides, then, if
			 applicable, the categories and sub-categories in which the applicator is
			 certified;
(8) the registered name
			 of the restricted-use pesticide product, the EPA registration number of the
			 restricted-use pesticide product, and, if applicable, the "special local need"
			 state registration number of the restricted-use pesticide product;
(9) the quantity of the restricted-use
			 pesticide product sold or conveyed; and
(10) the date of the transaction.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-32 - Report of address change by pesticide dealers

Current through Register Vol. 43, No. 28, July 11, 2024
Each pesticide dealer shall notify the secretary of any change
				in its business address or business name by the tenth day of the month
				following the month in which the change occurred.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-33 - Pest control technician registration and renewal fees

Current through Register Vol. 43, No. 28, July 11, 2024
The application fee for a pest control technician registration
				or for the renewal of a pest control technician registration shall be $40.00.
				Each fee paid by the applicant pursuant to
				K.A.R.
				4-13-9 shall be applied toward payment of the
				fee required by this regulation. This regulation shall apply to all pest
				control technician registrations, or renewals of these registrations, that will
				be effective through June 30, 2015, regardless of when the department receives
				the application. The $40.00 pest control technician registration fee shall
				revert to $25.00 on and after July 1, 2015, unless this date is modified by
				statute.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-34 - Verification of training of registered pest control technicians

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 pesticide business licensee who applies pesticides or causes pesticides to be
			 applied for the control of wood destroying pests, structural pests, ornamental
			 pests, turf pests, interior landscape pests, or any combination of these pests
			 shall maintain records to verify that each registered pest control technician
			 employed by such business licensee has received the required training in each
			 appropriate category of pest control. These training records shall contain the
			 following information for each training session:
(a) The typed or printed name of the trainee;
(b) the subject matter covered;
(c) type of training, classroom or
			 on-the-job;
(d) the date on which
			 the training occurred;
(e) the
			 duration of the training in hours;
(f) the signature of the trainee; and
(g) the signature of the
			 authorized officer or representative of the pesticide business licensee who
			 administered the training.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-35 - Registered pest control technician identification cards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 secretary shall issue an identification card to each registered pest control
			 technician upon satisfactory completion of the requirements for registration.
			 This identification card shall show the registered technician's typed name and
			 signature, the category or subcategory for which the registration has been
			 issued, the name of the business licensee employing the registered technician,
			 the date on which the identification card was issued, and the expiration date
			 of the registration. The registered pest control technician shall have this
			 identification card in the technician's possession when applying any pesticide
			 for the control of wood destroying pests, structural pests, ornamental pests,
			 turf pests, interior landscape pests, or any combination of these pests or when
			 supervising the application of any general use pesticide. The technician shall
			 produce this identification card when requested to do so by any customer, law
			 enforcement official, the secretary or any authorized representative of the
			 secretary. This regulation does not authorize any registered pest control
			 technician to supervise the use of, or to apply, any restricted use pesticide
			 unless the application is supervised by a commercial applicator who is
			 certified to apply restricted use pesticides for the control of pests in the
			 category or subcategory for which the pesticide application is made.
(b) This regulation shall be in force and
			 effect from and after January 1, 1989.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-36 - Training of registered pest control technicians in wood destroying pest control and structural pest control

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 applicants for pest control technician registration in wood destroying pest
			 control or structural pest control shall have completed a minimum of 40 hours
			 of verifiable training, 30 hours of which must consist of supervised
			 application of pesticides in and around structures, and 10 hours of which must
			 be classroom instruction.
(b)
			 Classroom instruction shall include the following:
(1) The proper use and maintenance of
			 equipment, including calibration, "crack and crevice" and "spot" application,
			 and other application techniques;
(2) the potential dangers involved in
			 applying the pesticides, including:
(A)
			 hazards to the applicator resulting from mixing, loading and applying
			 pesticides, poisoning prevention, symptoms and first aid for pesticide
			 poisoning;
(B) hazards to the
			 occupants of the structures where pesticides are applied with particular
			 emphasis on children, the aged and infirm;
(C) procedures for preventing pesticide
			 contamination of food, groundwater, wells and cisterns, and the air within the
			 structure being treated;
(D) label
			 review and basic information about each pesticide used for control of wood
			 destroying pests or structural pests, including common names of the pesticides,
			 where and how each pesticide may be applied, and the kinds of pests controlled;
(E) basic information about
			 prevention and cleanup of spills; and
(F) the use of non-chemical means to control
			 wood destroying and structural pests;
(3) calculating the concentration of
			 pesticides to be used and the quantities of diluted pesticide necessary to
			 complete a particular treatment;
(4) identification of common pests to be
			 controlled and damages caused by such pests as subterranean termites, carpenter
			 ants, wood decaying fungi, German, American and oriental cockroaches,
			 silverfish, fleas, ticks, spiders, pantry pests, house mice, field mice, and
			 Norway rats, the basic characteristics and habits of these pests and conditions
			 that favor structural infestation by these pests;
(5) protective clothing and equipment,
			 including the use and maintenance of rubber gloves and respirators;
(6) general precautions to be followed in the
			 storage and disposal of pesticide containers and rinsate, as well as the
			 cleaning and decontamination of equipment;
(7) applicable state and federal pesticide
			 laws and regulations germane to the work of a technician, including but not
			 limited to following label directions, direct supervision, information required
			 on statements of services, and termite control application procedures; and
(8) basic information regarding
			 elements of construction likely to be encountered including, heating and
			 plumbing systems and such terms as footing, foundation wall, wall voids, sill
			 plate, joists, subfloor, and slab-on-grade.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-37 - Renewal of pest control technician registration

Current through Register Vol. 43, No. 28, July 11, 2024
A pest control technician's registration may be renewed for a
				succeeding one-year period by paying the fees prescribed by law, completing the
				renewal application form provided by the secretary, and completing successfully
				six hours of classroom training in approved subjects during the effective
				period of the technician's registration. This training may be conducted by the
				pesticide business licensee, or in the alternative, the pest control technician
				may attend a training course approved by the secretary. The pesticide business
				licensee shall verify and maintain records to support the verification that
				each pest control technician it employs has satisfactorily completed the
				training required for renewal.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-40 - Types of hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 conference adjudicative hearing may be used for the following types of action:
(1) Suspension or revocation of a pesticide
			 business license for the licensee's failure to maintain acceptable insurance or
			 bond continuously during the licensing period as required by
			 K.S.A.
			 2-2448, and amendments thereto;
(2) suspension or revocation of the pesticide
			 business license or governmental registration for the licensee's failure to
			 employ a certified commercial applicator for each category of business
			 operations in which a license has been issued;
(3) suspension of a pesticide business
			 license, governmental registration, or applicator's certificate, whether
			 commercial or private, that has been issued when fees were paid by an
			 insufficient fund check;
(4)
			 suspension or revocation of a pesticide business license, governmental agency
			 registration, or any certificate for multiple or repeated violations of the
			 Kansas pesticide law or of the implementing regulations, if no material issue
			 of fact is involved; and
(5) any
			 other instances designated in
			 K.S.A.
			 77-533, and amendments thereto.
Nothing in this subsection shall prohibit the conversion of
				another type of hearing to a conference adjudicative hearing. Conversion
				procedures shall conform with
				K.S.A.
				77-506, and amendments thereto.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-60 - 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 statement reciting
			 each subsection of the act authorizing the assessment of 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 violation alleged;
(d) the amount of the civil penalty to be
			 assessed; and
(e) the notice of
			 the respondent's right to request a hearing.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-62 - 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 pesticide law that results from each
			 independent act or failure to act by any pesticide business licensee or
			 pesticide dealer, or any agent or employee of a pesticide business licensee or
			 pesticide dealer. 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, the assessment of separate civil penalties shall be within the
			 discretion of the secretary or the secretary's authorized
			 representative.
(b) The amount of
			 each civil penalty shall be within the following ranges:
(1) For each violation of
			 K.S.A.
			 2-2453(a) or (b) and
			 amendments thereto, the civil penalty shall be not less than $100 and not more
			 than $5,000.
(2) For each violation
			 of K.S.A.
			 2-2454(b), (m), (o), (r), (s), or
			 (t) and amendments thereto, the civil penalty
			 shall be not less than $100 and not more than $5,000.
(3) For each violation of
			 K.S.A.
			 2-2454, and amendments thereto, not covered
			 in paragraph (b)(2), the civil penalty shall be not less than $100 and not more
			 than $1,000.
(4) For each violation
			 of K.S.A.
			 2-2453(c), and amendments
			 thereto, not already covered in paragraph (b) (1), (2), or (3), the civil
			 penalty shall be not less than $100 and not more than $1,000.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-63 - Criteria to determine dollar amount of proposed civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
In determining the amount of any proposed civil penalty, the
				gravity of the violation shall be considered by the secretary or the
				secretary's designee. Factors to be considered shall include:
(a) The potential of the act to injure
			 humans, pets, domestic animals, wildlife or the environ-ment;
(b) the severity of potential injuries;
(c) the extent to which injury
			 actually occurred;
(d) the
			 respondent's history of compliance with state and federal pesticide laws and
			 regulations promulgated thereunder;
(e) any action taken by respondent to remedy
			 the specific violation or to mitigate any adverse health effects or
			 environmental effects which were the result of the violation; and
(f) whether or not the violation involved any
			 misrepresentation or fraud.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-64 - 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 13 - PESTICIDES › Section 4-13-65 - Adjusting the amount of the civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 respondent shall present all evidence on the issue of adjustment of the civil
			 penalty at the settlement conference. This evidence may include mitigating
			 factors or new evidence not previously known to the agency when the order was
			 issued.
(b) Upon presentation by
			 the respondent of new evidence establishing facts and circumstances that were
			 unknown to the secretary when the order was issued and that relate to the
			 gravity of the violation, the civil penalty may be reduced. If additional facts
			 establish a respondent did not commit a violation, the order shall be amended
			 or vacated.
(c) The burden shall
			 be on the respondent to present evidence of any mitigating factors to support
			 any requested reduction in the amount of the civil penalty. The amount of the
			 civil penalty may be reduced if the reduction serves the public interest.
(d) The amount of a civil penalty
			 shall not be reduced to less than $100 per offense.
(1) Whether or not a civil penalty is reduced
			 shall be within the sole discretion of the secretary or the secretary's
			 designee.
(2) Reductions shall not
			 occur unless evidence of mitigating factors has been presented by a respondent.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-4 - Live plant definition: exclusions

Current through Register Vol. 43, No. 28, July 11, 2024
The following shall be excluded from the definition of live
				plant in K.S.A. 2-2113, and amendments
				thereto:
(a) Field and forage
			 crops;
(b) seeds of any
			 kind;
(c) cut flowers and cut
			 greenery not used for propagation; and
(d) fruits and vegetables used for food or
			 feed.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-6 - Plant pest emergency response fund fee

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to the license fee specified in
				K.A.R.
				4-15-5, each licensed live plant dealer shall
				pay a fee of $5, which shall be deposited in the plant pest emergency response
				fund.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-7 - Live plant dealer licensing exemptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any live plant dealer who does not import
			 live plants from outside the state of Kansas, does not export live plants from
			 the state of Kansas, and has annual gross receipts from the distribution of
			 live plants that are less than $10,000 shall be exempt from the licensing
			 requirements.
(b) Each live plant
			 dealer seeking to claim the licensing exemption shall submit annually on a form
			 furnished by the department an application specifying the applicant's basis for
			 claiming exemption from licensing requirements. If the secretary finds that an
			 applicant meets the criteria specified in subsection (a), the applicant shall
			 be exempt from licensing requirements.
(c) Each live plant dealer exempt from
			 licensing requirements shall be subject to all quarantines and the regulated
			 nonquarantine pest freedom standards established in K.A.R. 4-15-10 .
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-8 - Fees for the inspection of live plants, plant products, bees, beekeeping equipment, and regulated articles

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Inspection services may be provided upon
			 request to any person who owns or possesses live plants, plant products, bees,
			 beekeeping equipment, or regulated articles. The person shall pay inspection
			 fees of $30 per hour plus mileage expenses. Inspection fees shall include
			 hourly fees for travel time and time spent on-site.
(b) On-site hourly fees shall be calculated
			 from the inspector's time of arrival until completion of the inspection,
			 excluding breaks, meals, and any time not directly associated with conducting
			 the inspection. A quarter-hour minimum shall be assessed, and the total on-site
			 inspection time shall be rounded to the nearest quarter-hour.
(c) Hourly fees for travel time shall consist
			 of actual driving time, excluding breaks, meals, and any time not directly
			 associated with traveling to and from the inspection site. The total travel
			 time shall be rounded to the nearest quarter-hour. If multiple inspections are
			 completed at different locations, travel time shall be apportioned between
			 inspections using the method for calculating and apportioning mileage fees
			 specified in this regulation. If mileage fees are reduced to reflect a distance
			 less than the distance actually travelled, travel time shall be reduced by a
			 percentage equal to the percentage of reduction in the number of miles actually
			 travelled.
(d) Mileage to the
			 inspection site shall be calculated from one of the following locations as
			 applicable on the date the inspection is conducted, whichever is less:
(1) The inspector's official
			 station;
(2) the last location at
			 which a requested inspection was conducted; or
(3) the last location at which the inspector
			 incurred lodging expenses.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-9 - Fees for the certification of live plants, plant products, bees, beekeeping equipment, and regulated articles

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a state certificate is required for
			 the entry of an inspected article into another state or a foreign country, the
			 person needing certification shall pay one or more of the following, as
			 applicable:
(1) $20 for a certificate for a
			 commodity or article certified for domestic shipment;
(2) $50 for a certificate for a commodity or
			 article certified for international shipment; or
(3) 20 cents for each bale tag provided to
			 satisfy a weed-free forage requirement.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-9a - Live plant dealer; certificate of inspection

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any live plant dealer may request a
			 certificate of inspection to establish that the live plant dealer's live plants
			 meet pest freedom standards.
(b)
			 Each inspection pursuant to this regulation shall be conducted at a time chosen
			 by the secretary to permit adequate inspection for the presence of plant pests
			 giving consideration to the type of live plants inspected. If necessary due to
			 the diversity of the live plants or for other reasons, multiple inspections may
			 be conducted by the secretary.
(c)
			 If the live plants inspected meet pest freedom standards, a certificate of
			 inspection may be issued by the secretary.
(d) Each certificate of inspection shall be
			 valid for one of the following:
(1) A period
			 beginning on October 1 of the year the inspection was conducted through
			 September 30 of the following calendar year; or
(2) a lesser period that the secretary may
			 determine based upon the request of the live plant dealer due to the growing
			 season and distribution schedule for the live plants.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-11 - 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 statement reciting
			 each subsection of the act authorizing the assessment of a civil penalty;
(b) a statement of the factual
			 basis for each violation alleged and a reference to each provision of the act
			 or implementing regulation that the respondent is alleged to have violated;
(c) the amount of the civil
			 penalty; and
(d) notice of the
			 respondent's right to a hearing.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-13 - Criteria to determine dollar amount of civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A civil penalty of at least $100.00 but
			 not more than $2,000.00 may be assessed by the secretary for each violation of
			 the plant pest and agriculture commodity certification act,
			 K.S.A.
			 2-2112 et seq., and amendments thereto, and
			 the implementing regulations.
(b)
			 In determining the amount of any civil penalty, the gravity of the violation
			 shall be considered by the secretary. Factors to be considered shall include
			 the following:
(1) The potential of the act to
			 injure, endanger, or harm the health of any consumer, the general public,
			 cultivated or native plant resources, or the environment;
(2) the severity of actual or potential harm
			 or injuries;
(3) the respondent's
			 history of compliance with the plant pest and agriculture commodity
			 certification act, and amendments thereto, and the implementing
			 regulations;
(4) any action taken
			 by respondent to remedy the specific violation or to mitigate any adverse
			 effects of the violation on public health, cultivated or native plant
			 resources, or the environment as a result of the violation; and
(5) any misrepresentation or fraud involved
			 in the violation.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 15 - PLANTS AND PLANT PRODUCTS › Section 4-15-14 - 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 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-1c - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following portions of title 9 of the code of federal regulations, as revised on
			 January 1, 2008, except as otherwise specified, are hereby adopted by
			 reference:
(1) Part 301, except the following
			 terms and their definitions in 301.2: "the act," "adulterated," "livestock,"
			 "misbranded," "official import inspection established," and "territory";
(2) part 302, except section
			 302.2;
(3) part 303, except
			 sections 303.1(d)(3) and 303.2;
(4) parts 304 through 306, except sections
			 306.1, 306.2, and 306.3;
(5) part
			 307, except sections 307.5 and 307.6;
(6) part 309;
(7) part 310;
(8) part 311;
(9) part 312, except section 312.8;
(10) parts 313 through 316;
(11) part 317, except section
			 317.7;
(12) part 318, except
			 section 318.8;
(13) part 319;
(14) part 320;
(15) part 325, except section 325.3;
(16) part 329;
(17) section 354.1, except subparagraphs (a)
			 and (n);
(18) section 354.2;
(19) sections 354.10 through
			 354.14;
(20) sections 354.23
			 through 354.24;
(21) sections
			 354.26 through 354.30;
(22)
			 sections 354.45 through 354.49;
(23) sections 354.53 through 354.92;
(24) sections 354.120 through
			 354.133;
(25) sections 354.160
			 through 354.247;
(26) parts 416
			 and 417; and
(27) parts 424
			 through 500.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-1e - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The following portions of title 9 of the code of federal regulations, as
			 revised on January 1, 2012, except as otherwise specified, are hereby adopted
			 by reference:
(1) Part 301, except the
			 following terms and their definitions in section 301.2: "the act,"
			 "adulterated," "animal food manufacturer," "label," "labeling," "livestock,"
			 "meat broker," "meat food product," "misbranded," "official import inspection
			 established," "person," "pesticide chemical, food additive, color additive, raw
			 agricultural commodity," "prepared," and "territory";
(2) part 302, except section 302.2;
(3) part 303, except sections 303.1(d)(3) and
			 303.2;
(4)
(A) Sections 304.1 and 304.2; and
(B) section 304.3, as amended by 77 fed. reg.
			 26936 (2012);
(5) parts
			 305 and 306, except sections 306.1, 306.2, and 306.3;
(6)
(A)
			 Sections 307.1 through 307.3;
(B)
			 section 307.4, as amended by 77 fed. reg. 59294 (2012); and
(C) section 307.7;
(7) part 309;
(8) part 310;
(9) part 311;
(10) part 312, except section
			 312.8;
(11) parts 313 through
			 316;
(12) part 317, except sections
			 317.7 and 317.369;
(13) part 318,
			 except section 318.8;
(14) part
			 319;
(15) part 320, except section
			 320.5(a);
(16) part 325, except
			 section 325.3;
(17) part
			 329;
(18) part 352, except sections
			 352.1 (e), (f), (g), (j), (k), and (1), 352.4, 352.8, 352.10(a), 352.11(b),
			 352.17, and 352.18;
(19)
(A) Section 354.1, except subparagraphs (a),
			 (n), and (w);
(B) section
			 354.2;
(C) sections 354.10 through
			 354.14;
(D) sections 354.23 through
			 354.24;
(E) sections 354.26 through
			 354.30;
(F) sections 354.46 through
			 354.49;
(G) sections 354.53 through
			 354.92;
(H) sections 354.120
			 through 354.133; and
(I) sections
			 354.160 through 354.247;
(20)
(A)
			 Section 381.1, except the following terms and their definitions in subsection
			 (b): "act," "adulterated," "animal food manufacturer," "label," "labeling,"
			 "misbranded," "pesticide chemical, food additive, color additive, raw
			 agricultural commodity," "poultry products broker," "territory," and "U.S.
			 refused entry";
(B) sections 381.3
			 through 381.7, except 381.5;
(C)
			 sections 381.10 through 381.21;
(D)
			 section 381.22, as amended by 77 fed. reg. 26936 (2012);
(E) sections 381.23 through 381.36;
(F) section 381.37, as amended by 77 fed.
			 reg. 59294 (2012);
(G) sections
			 381.65 through 381.103, except 381.96;
(H) sections 381.108 through
			 381.182;
(I) sections 381.189
			 through 381.194;
(J) sections
			 381.210 through 381.217, except section 381.216; and
(K) sections 381.300 through 381.500, except
			 section 381.469;
(21)
			 part 416;
(22)
(A) Sections 417.1 through 417.3;
(B) section 417.4, as amended by 77 fed. reg.
			 26936 (2012); and
(C) sections
			 417.5 through 417.8;
(23) part 418, as added in 77 fed. reg. 26936
			 (2012); and
(24) parts 424, 430,
			 439, 441, 442, and 500.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-3a - Exemptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Notwithstanding the requirements for the exemption as a "custom slaughterer" as
			 set forth in 9 C.F.R.
			 303.1(a) and
(b) adopted by reference in K.A.R. 4-16-1c,
			 both the custom slaughtering of dead or dying animals by any person and the
			 custom processing of the carcasses of dead or dying animals by any person shall
			 be prohibited.
(b)
(1) The custom slaughtering of diseased or
			 disabled animals by any person and the custom processing of the carcasses of
			 diseased or disabled animals by any person may be allowed if both of the
			 following requirements are met:
(A) The
			 animal shall be examined by a licensed veterinarian on the day of slaughter.
(B) The animal shall be
			 accompanied by a health certificate that meets the following requirements:
(i) Is issued on the day of slaughter by that
			 veterinarian. This health certificate shall be valid only on the date of
			 issuance;
(ii) includes a record
			 of the animal's body temperature, taken at the time of the veterinary
			 examination;
(iii) for cattle,
			 states that the animal was ambulatory when examined;
(iv) includes a description of the condition
			 of the animal; and
(v) states that
			 the animal is free of any visible signs of infection or contagious disease.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-7a - Inspection fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each establishment that requires inspection services at any time other than the
			 establishment's regularly scheduled inspection periods or requests voluntary
			 inspection services shall be subject to the charges specified in this
			 regulation to defray the department's costs of providing these inspection
			 services. Regularly scheduled inspection periods shall not include any legal
			 holiday or any officially observed holiday as designated in K.A.R.
			 1-9-2.
(b) Each establishment that
			 requests inspection services on a legal holiday or an officially observed
			 holiday as designated in K.A.R. 1-9-2 shall give the secretary at least two
			 weeks' notice before the holiday. Except for Martin Luther King, Jr. Day, the
			 Fourth of July, and Veterans' Day, if the legal holiday occurs or is observed
			 on a Monday or Friday, the fees shall also apply to inspection services
			 requested during the adjacent weekend.
(c)
(1) The
			 hourly fee shall be $28. The hourly fee shall be calculated in quarter-hour
			 units. Unless otherwise specified, a required minimum charge of two hours shall
			 be assessed.
(2) For slaughter with
			 the mark of inspection, the hourly fee shall be assessed for the amount of time
			 needed to conduct the inspection. The inspection shall include the inspector's
			 drive time to and from the establishment. If the establishment processes with
			 the mark of inspection that day, then the amount of time to inspect the
			 processing operations shall be included in the total inspection time.
(3) For processing with the mark of
			 inspection, a fee of $40 shall be assessed per day if the establishment is
			 processing with the mark of inspection and not slaughtering with the mark of
			 inspection.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-129a - Special marking for custom products

Current through Register Vol. 43, No. 28, July 11, 2024
Each custom prepared carcass, parts thereof, and each package
				of custom prepared or processed product shall be plainly marked "CUSTOM NOT FOR
				SALE" in letters not less than three-eighths inch in height immediately after
				being received or prepared.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-300 - 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 statement citing
			 K.S.A.
			 65-6a56, and amendments thereto, 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 that is
			 assessed; and
(e) the notice of
			 the respondent's right to request a hearing.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-302 - 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 any provision of the
			 Kansas meat and poultry inspection act or any implementing regulation that
			 results from each independent act or failure to act by any person or the
			 person's agent or employee. 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) For each violation, the amount
			 of the civil penalty shall be within the following ranges:
(1) For each violation of
			 K.S.A.
			 65-6a34 or
			 K.S.A.
			 65-6a41, and amendments thereto, or any
			 regulations implementing these statutes, the civil penalty shall be not less
			 than $100 and not more than $1,000.
(2) For each violation of
			 K.S.A.
			 65-6a22,
			 K.S.A.
			 65-6a24,
			 K.S.A.
			 65-6a25,
			 K.S.A.
			 65-6a27(a),
			 K.S.A.
			 65-6a29,
			 K.S.A.
			 65-6a31, or
			 K.S.A.
			 65-6a32, and amendments thereto, or any
			 regulations implementing these statutes, the civil penalty shall be not less
			 than $100 and not more than $2,500.
(3) For each violation of
			 K.S.A.
			 65-6a20,
			 K.S.A.
			 65-6a21,
			 K.S.A.
			 65-6a23,
			 K.S.A.
			 65-6a27(b),
			 65-6a28, or
			 K.S.A.
			 65-6a33, and amendments thereto, or any
			 regulations implementing these statutes, the civil penalty shall be not less
			 than $100 and not more than $5,000.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-303 - 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 shall 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 the Kansas meat and poultry inspection act and the
			 implementing regulations;
(d) any
			 action taken by the respondent to remedy the specific violation or to mitigate
			 any adverse effects that were the result of the violation; and
(e) specification of whether or not the
			 violation involved any adulterated article, misrepresentation, or fraud.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-304 - 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. The
			 respondent consents to the assessment of a stated civil penalty, if any is
			 assessed.
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 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-305 - Adjusting the amount of the civil penalty

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 respondent shall present all evidence on the issue of adjustment of the civil
			 penalty at the settlement conference. This evidence may include mitigating
			 factors or new evidence not previously known to the secretary when the order
			 was issued.
(b) Upon presentation
			 by the respondent of new evidence establishing facts and circumstances that
			 were unknown to the secretary or to the secretary's duly authorized agent when
			 the order was issued and that relate to the gravity of the violation, an
			 adjusted civil penalty may be assessed. If these additional facts establish
			 that a respondent did not commit a violation, the order shall be amended or
			 vacated.
(c) The burden shall be
			 on the respondent to present evidence of any mitigating factors to support any
			 requested reduction in the amount of the civil penalty. The amount of the civil
			 penalty may be reduced if the reduction serves the public interest.
(d) The amount of a civil penalty shall not
			 be reduced to less than $100 per offense.
(1)
			 Whether or not a civil penalty is reduced shall be within the sole discretion
			 of the secretary or the secretary's duly authorized representative.
(2) Reductions shall not occur unless
			 evidence of mitigating factors has been presented by a respondent.