reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 16 - MEAT AND MEAT PRODUCTS INSPECTION › Section 4-16-306 - Retail exemption; establishments selling food other than meat and poultry

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Any person operating an establishment that is registered or required to be
			 registered under the Kansas meat and poultry inspection act may process meat
			 and poultry products for retail sale without the mark of inspection as
			 specified in 9 C.F.R.
			 303.1, as adopted in K.A.R. 4-16-1c, if both
			 of the following conditions are met:
(1) The
			 establishment is maintained and operated in a sanitary manner.
(2) The establishment meets the applicable
			 requirements of the department's regulations to ensure that any carcasses or
			 parts thereof, meat, meat food products, poultry, and poultry products handled
			 on a retail basis, and any containers or packages containing these products,
			 are separated at all times from both of the following:
(A) Carcasses or parts thereof, meat, meat
			 food products, poultry, and poultry products that bear the mark of inspection;
			 and
(B) carcasses or parts thereof,
			 meat, meat food products, poultry, and poultry products custom-prepared
			 according to
			 K.S.A.
			 65-6a31(b), and amendments
			 thereto, and 9 C.F.R.
			 303.1, as adopted in K.A.R.
			 4-16-1c.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 17 - POULTRY AND POULTRY PRODUCTS INSPECTION › Section 4-17-1c - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following sections of 9 C.F.R. part 381, as revised on January 1, 2005, are
			 hereby adopted by reference.
(1) 381.1,
			 except the following terms and their definitions in subsection (b): "act,"
			 "adulterated," "misbranded," "territory," and "U.S. refused entry";
(2) 381.3 through 381.7, except 381.5;
(3) 381.10 through 381.35, except
			 sections 381.10(a)(2) through 381.10(a)(7), 381.13(b), and 381.33, with the
			 following modification: in section 381.10(b)(1), the number "20,000" shall be
			 replaced by the number "1,000";
(4) 381.36;
(5) 381.37;
(6) 381.65 through 381.103;
(7) 381.108 through 381.182;
(8) 381.189 through 381.194;
(9) 381.210 through 381.218; and
(10) 381.300 through 381.500.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-3 - Records and reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person
			 using a chemigation process shall keep records regarding each application of
			 any chemical other than water or animal waste. The records shall contain the
			 following information:
(1) the type of
			 chemical used;
(2) the amount of
			 active ingredient used;
(3) the
			 date of use;
(4) the legal
			 description of the location of the water supply or the point of diversion of
			 the water supply;
Chemigation
(5) the total number of acres treated by
			 means of chemigation;
(6) the type
			 of crop to which the chemical was applied; and
(7) the EPA registration number for each
			 pesticide applied and the name of the target pest stated as the common name for
			 the pest or pests. When pesticides are applied for the control of weeds, the
			 target pests may at a minimum be identified as grassy or broadleaf weeds.
			 Records required under this section shall be retained by the holder of the
			 chemigation user permit for a period of not less than two years from the date
			 of application.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-4 - Permits

Current through Register Vol. 43, No. 28, July 11, 2024
No individual shall supervise more than 10 operating
				chemigation units at one time.
Each individual possessing a chemigation user permit shall be
				responsible for insuring that those persons who work under his or her direct
				supervision and who handle pesticides:
(a) are knowledgeable in the use of the
			 pesticide;
(b) are knowledgeable
			 concerning the proper calibration methods for the pesticide;
(c) are knowledgeable regarding the injection
			 devices and anti-pollution devices being used in the system;
(d) follow all applicable directions on the
			 pesticide's label; and
(e) use all
			 safety precautions pertaining to that pesticide.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-5 - Waterline check valves

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 waterline check valve required by
			 K.S.A.
			 2-3305, and amendments thereto, shall be
			 constructed and installed in accordance with the requirements specified in
			 K.A.R. 5-6-13a.
(b) Each check
			 valve and all required components shall be maintained in an operating condition
			 that prevents backflow into the source of water supply whenever a foreign
			 substance could reasonably be expected to be introduced into the water system.
(c) Each chemigation installation,
			 unit, or system that can serve as a conduit for chemicals, effluent, or any
			 substance while water is not being pumped shall also be equipped with a
			 positive closing gate valve or its equivalent. This valve shall be located
			 between the check valve and the point at which chemicals, effluents, or other
			 substances enter the water distribution system and shall be closed whenever
			 chemicals, effluents, or other substances enter the distribution system and
			 water is not being pumped.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-6 - Injection equipment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 injection equipment used shall be constructed and maintained in a manner which
			 prohibits application of any pesticide at a rate which exceeds the maximum rate
			 of application recommended by the pesticide's label or labeling and which
			 prohibits application of any fertilizer or animal wastes at any rate which
			 exceeds the planned application rate. Injection equipment shall be calibrated
			 before each chemigation application.
(b) Chemigation users who apply only animal
			 wastes through their irrigation distribution systems are required to install
			 only those anti-pollution devices required by
			 K.S.A.
			 2-3305.
(c) For those chemigation users who apply
			 fertilizers and other chemicals, injection equipment shall include:
(1) a manually operated valve on the supply
			 tank;
(2) a strainer on the
			 suction side of the injection pump; and
(3) a calibration device of sufficient volume
			 to accurately calibrate the injection pump.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-7 - Vacuum relief device and automatic low-pressure drain

Current through Register Vol. 43, No. 28, July 11, 2024
The vacuum relief device and automatic low-pressure drain shall
				be properly installed and shall be fully operational whenever the chemigation
				process is being used. These devices shall not be blocked, capped or otherwise
				modified in any manner which prevents their proper operation in any manner to
				render them inoperable.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-8 - Chemical injection line and checkvalve

Current through Register Vol. 43, No. 28, July 11, 2024
The point at which any chemical, fertilizer or animal waste is
				injected into the irrigation distribution system shall be located on the
				downstream side of any waterline checkvalve. The chemical injection line shall
				contain a checkvalve which shall be located between the chemical injection pump
				and the point at which any chemical or fertilizer enters the irrigation
				distribution system.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-11 - Civil penalties

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The process
			 for issuing and processing civil penalties shall follow the procedure
			 established in K.A.R. 4-13-60 and in K.A.R. 4-13-62 through 4-13-65, except for
			 the following:
(1) The provision of K.A.R.
			 4-13-62(b) shall be replaced by the provisions of subsection (b) in this
			 regulation.
(2) The terms "state
			 and federal pesticide laws" and "pesticide law" contained in K.A.R. 4-13-60 and
			 K.A.R. 4-13-62 through 4-13-65 shall be replaced by the term "the Kansas
			 chemigation safety law," as the context requires.
(3) The term "pesticide business licensee"
			 shall be replaced by the term "person" or "swine facility," as the context
			 requires.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-12 - Certified chemigation equipment operator examination

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Examinations for certified chemigation equipment operators shall be provided by
			 the Kansas state board of agriculture. A grade of 75% correct answers shall be
			 required to pass the examination.
Nutrient Utilization Plans
(b) Examinations for chemigation equipment
			 operator certification shall test the applicant's knowledge in those subject
			 areas set out in
			 K.S.A.
			 2-3306 as amended and supplemented involving
			 chemigation practices associated with the applicant's agricultural operation
			 and the applicant's legal responsibility as a certified chemigation equipment
			 operator.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-13 - Certificates and pocket cards

Current through Register Vol. 43, No. 28, July 11, 2024
A certificate and pocket card shall be issued to each certified
				person upon satisfactory completion of the requirements for certification. Such
				certificate and pocket card shall show the applicator's name, type of
				certificate issued, the expiration date of the certification and other
				pertinent information. The certified chemigation equipment operator shall
				produce such certificate or pocket card when requested to do so by any law
				enforcement official, the secretary or any authorized representative of the
				secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-14 - Report of address change by certified chemigation equipment operators

Current through Register Vol. 43, No. 28, July 11, 2024
Each certified chemigation equipment operator shall notify the
				secretary of any change in the operator's mailing address by the 10th day of
				the month following the month during which such change occurred.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 20 - CHEMIGATION › Section 4-20-15 - Agronomic application rates

Current through Register Vol. 43, No. 28, July 11, 2024
The agronomic application rate for swine waste shall be the
				amount of waste required for plant nutrition and for the nutrient-holding
				capacity of the surfaces or soils to which swine waste is applied, as
				determined by sound agronomic methods. Sound agronomic application rates shall
				be determined in consultation with Kansas state university. Sound agronomic
				methods may include the rate derived from the calculations from the form
				prescribed by the secretary of agriculture in
				K.A.R.
				4-21-1 and
				K.A.R.
				4-21-7.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 21 - NUTRIENT UTILIZATION PLANS › Section 4-21-1 - Nutrient utilization plan defined; amendments to the plan; exceptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A confined
			 feeding facility for swine under Kansas law that has an animal unit capacity of
			 1,000 or more and whose waste is applied to land shall prepare a nutrient
			 utilization plan for review by the secretary of agriculture. The plan shall be
			 on a form prescribed by the secretary and shall be a plan that forecasts
			 nutrient management from the date of submission through the next five years.
			 The plan shall be updated annually, maintained at the office of the swine
			 facility, along with the three previous years' versions of the records, and
			 made available to the secretary of agriculture upon request.
(b) Whenever the term "waste" is referred to
			 in article 21 of these regulations, it shall mean swine manure, swine
			 wastewater, or swine manure and swine wastewater mixed together.
(c) Changes in conditions that warrant
			 amendments requiring the secretary's approval to a facility's nutrient
			 utilization plan shall include any of the following:
(1) A swine facility's permit is no longer
			 valid, but the facility plans to seek a new permit.
(2) Additional land to which waste will be
			 applied is not described in an approved plan.
(3) A procedure for waste application will be
			 used that is not described in an approved plan.
(4) Land included in an approved nutrient
			 utilization plan is no longer available for application as provided for in the
			 approved nutrient utilization plan because legal authorization for land
			 application no longer exists for that land.
(5) A phosphorus soil analysis result exceeds
			 the phosphorus-holding capacity of the soil in a field as prescribed by K.A.R.
			 4-21-7.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 21 - NUTRIENT UTILIZATION PLANS › Section 4-21-2 - Field defined

Current through Register Vol. 43, No. 28, July 11, 2024
A field is defined, for purposes of preparation of a nutrient
				utilization plan, as an expanse of land devoted to one particular crop or
				tillage condition at a time and managed uniformly. A field shall also be the
				area identified by section, township, and range and outlined on a site map
				contained in a filed nutrient utilization plan approved by the secretary of
				agriculture.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 21 - NUTRIENT UTILIZATION PLANS › Section 4-21-3 - Soil samples

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) The soil nutrient values may be
			 determined either by analysis of a single composite of representative samples
			 from a field or from the mathematical average of all the results from grid
			 samples. Grid soil sampling is defined as a systematic method of sampling that
			 separates the field into identified subunits with each subunit sampled
			 separately. Each composite sample shall be representative, at the time it is
			 taken, of the soils and of the nutrient values in the field from which the
			 sample is taken.
(2) Each field
			 where waste is to be applied shall be sampled before the application unless the
			 field has been sampled in the preceding 12 months, but sampling shall not be
			 required more frequently than annually unless required by the department due to
			 elevated nutrient levels. The sampling shall consist of a representative number
			 of soil cores from each field and shall be collected by either of the following
			 methods:
(A) Two composite samples shall be
			 collected from each field by separating the top six inches of each core
			 collected from the bottom of the core sample. If multiple cores are taken, all
			 samples from the top six inches of soil shall be mixed together. This composite
			 sample shall be tested for phosphorous, zinc, copper, nitrate-N, and chloride.
			 The bottom segment of each soil core sample from six through 24 inches shall
			 then be mixed together, and this composite sample shall be tested for nitrate-N
			 and chloride.
(B) Two composite
			 samples shall be collected by obtaining individual core samples. A composite
			 sample to be tested for phosphorous, copper, and zinc shall be collected from
			 the top six inches of the soil and mixed if multiple cores are collected. The
			 second composite sample shall be tested for nitrate-N and chloride, and shall
			 be collected by taking a core sample from the soil surface to a soil depth of
			 24 inches. If multiple cores are taken, the samples shall be mixed before
			 testing.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 21 - NUTRIENT UTILIZATION PLANS › Section 4-21-4 - Soil tests

Current through Register Vol. 43, No. 28, July 11, 2024
The composite soil samples from each field shall be analyzed
				for the nutrients specified in subsection (a) in the manner prescribed by this
				regulation.
(a) The analyses listed
			 in this subsection shall follow the directions on the specified pages that are
			 hereby adopted by reference from the north central regional research
			 publication no. 221, "recommended chemical soil test procedures for the north
			 central region," revised January 1998, as follows:
(1) The analysis for nitrate-N shall follow
			 the directions on pages 17 through 19.
(2) The analysis for phosphorus shall follow
			 the directions on pages 21 through 26. Calcareous soils shall follow the
			 directions for the Olsen phosphorus test on pages 25 through 26. For
			 noncalcareous soils, the analysis shall follow the directions for either the
			 Bray and Kurtz P-1 analysis, on pages 21 through 22, or the Mehlich 3 analysis,
			 on pages 23-24. Calcareous soil is defined as soil having a pH above 7.0 that
			 effervesces when a solution of 3N (three normal) hydrochloric acid is added
			 drop-wise to the sample.
(3) The
			 analysis for copper shall follow the directions for
			 diethylenetriaminepentaacetic acid (DTPA) extraction on pages 41 through 42.
(4) The analysis for chlorides
			 shall follow the directions for the mercury (II) thiocyanate method on pages 49
			 through 50.
(5) The analysis for
			 zinc shall follow the directions for DTPA extraction on pages 41 through 42.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 21 - NUTRIENT UTILIZATION PLANS › Section 4-21-5 - Agreements to apply waste

Current through Register Vol. 43, No. 28, July 11, 2024
Each agreement for the application of waste on land owned by a
				person or persons other than the swine facility that is required to prepare a
				nutrient utilization plan shall be in writing.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 21 - NUTRIENT UTILIZATION PLANS › Section 4-21-6 - Recordkeeping

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each swine
			 facility that is required to prepare a nutrient utilization plan shall keep
			 records required by the law for the five years immediately preceding the date
			 of the then-current inspection or for the years the swine facility operates
			 after January 1, 1999. The swine facility shall not be required to keep records
			 required by these regulations for more than five years from the date of
			 approval.
(b) Actual nutrient
			 values of waste may be used if the analysis used to determine the values is
			 based on generally recognized sound agronomic interpretations and laboratory
			 methods. Book values that are generally recognized as based on sound agronomic
			 calculations may be substituted for actual values in preparing a nutrient
			 utilization plan except for soil nutrient contents that require assay.
(c) Only actual soil analysis
			 values shall be used in the preparation of nutrient utilization plans.
(d) Each facility shall maintain
			 the records required for that facility by K.A.R. 4-21-1 through K.A.R. 4-21-7,
			 and K.A.R. 4-20-15 at the facility's site office. All records required to be
			 kept by K.A.R. 4-21-1 through K.A.R. 4-21-7, and K.A.R. 4-20-15 shall be made
			 available to the secretary of agriculture upon request.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 21 - NUTRIENT UTILIZATION PLANS › Section 4-21-7 - Exceeding the agronomic rate for phosphorus-holding capacity

Current through Register Vol. 43, No. 28, July 11, 2024
A phosphorus soil analysis, as required by the secretary, shall
				be deemed to exceed the agronomic rate for phosphorus-holding capacity of the
				soil in a field if any of the following conditions is met:
(a) The average annual rainfall is less than
			 or equal to 22 inches, all of the field has a slope of five percent or less,
			 and the soil analysis result using the Bray and Kurtz P-1 or the Mehlich 3
			 analysis method for phosphorus ("P") for the field exceeds 200 ppm or exceeds
			 76 ppm of "P" using the Olsen analysis method, as adopted by reference in
			 K.A.R. 4-21-4.
(b) The average
			 annual rainfall is less than or equal to 22 inches, any part of the field has a
			 slope of greater than five percent, and the soil analysis result using the Bray
			 and Kurtz P-1 or the Mehlich 3 analysis method for "P" exceeds 150 ppm or
			 exceeds 57 ppm of "P" using the Olsen analysis method.
(c) The average annual rainfall is greater
			 than 22 inches but less than 30 inches, the slope for all of the field is less
			 than five percent, and the soil analysis result using the Bray and Kurtz P-1 or
			 Mehlich 3 analysis method for "P" for the field exceeds 150 ppm or exceeds 57
			 ppm of "P" using the Olsen analysis method.
(d) The average annual rainfall is greater
			 than 22 inches but less than or equal to 30 inches, the slope of any part of
			 the field is greater than five percent, and the soil analysis result using the
			 Bray and Kurtz P-1 or Mehlich 3 analysis method for "P" for the field exceeds
			 100 ppm or exceeds 38 ppm of "P" using the Olsen analysis method.
(e) The average annual rainfall is greater
			 than 30 inches, and the soil analysis result using the Bray and Kurtz P-1 or
			 Mehlich 3 analysis method for "P" for the field exceeds 100 ppm or exceeds 38
			 ppm of "P" using the Olsen analysis method.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-1a - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				department's regulations, shall have the meaning specified in this
				regulation:
(a) "Act" means the Kansas
			 grain warehouse law,
			 K.S.A.
			 34-101 et seq. and amendments thereto, and
			 the implementing regulations.
(b)
			 "Conditional storage" means a location where grain is stored that is not part
			 of the licensed storage of a licensed public warehouse but that meets the
			 requirements of K.A.R. 4-25-19(c) or is otherwise deemed an adequate storage
			 location by the secretary. Conditional storage may include adequately
			 constructed steel or concrete bins with aeration; bunkers with adequate bases,
			 sidewalls, tarps, and aeration; or any other structure approved by the
			 secretary.
(c) "Emergency storage"
			 means a location where grain is stored that is not part of the licensed storage
			 of a licensed public warehouse, does not meet the requirements of K.A.R.
			 4-25-19(c), and has not otherwise been deemed an adequate licensed or
			 conditional storage location by the secretary. This term shall include ground
			 piles with no cover or aeration and other structures that do not have an
			 adequate base, sidewall, cover, or aeration.
(d) "Functional unit" has the meaning
			 specified for that term in
			 K.S.A.
			 34-223, and amendments thereto.
(e) "Grain" has the meaning specified for
			 that term in
			 K.S.A.
			 34-223, and amendments thereto, and shall
			 include dry edible beans.
(f)
			 "Unpaid grain contract" means a contract, written or verbal, under which the
			 title of grain has been transferred to a licensed public warehouse and the
			 grain has been delivered to the licensed public warehouse, including a licensed
			 conditional storage or emergency storage facility of the licensed public
			 warehouse, but payment has not been made by the licensed public warehouse for
			 the grain. This term shall include deferred payment contracts, price-later
			 contracts, basis contracts, and other similar contracts.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-2 - Record retention

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each person who, as a result of licensure as a public warehouseman pursuant to
			 the act, is liable for grain or has been liable for grain at any time during
			 the preceding six years shall retain the following documents for all grain that
			 the person is or was liable for during the preceding six-year period:
(1) Scale tickets;
(2) evidence of cancelled checks;
(3) customer ledgers;
(4) records of daily grain
			 position;
(5) insurance
			 records;
(6) warehouse receipts;
			 and
(7) any other document, stored
			 electronically or by any other means, that identifies in any way any grain for
			 which the person is or was liable.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-3 - Return of documents

Current through Register Vol. 43, No. 28, July 11, 2024
Each public warehouseman shall return to the secretary all
				unused warehouse receipts and all Kansas public warehouseman licenses when
				either of the following occurs:
(a)
			 The public warehouseman is no longer engaged in business as a public
			 warehouseman.
(b) The name of the
			 public warehouseman changes.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-5 - Storage liability reports

Current through Register Vol. 43, No. 28, July 11, 2024
(a) No
			 later than the fifth day of each month, each public warehouseman shall provide
			 a copy of all of the public warehouseman's executed warehouse receipts for the
			 previous month to the secretary. Copies of executed warehouse receipts may be
			 provided to the secretary by electronic means. Each copy of executed warehouse
			 receipts provided to the secretary by U.S. mail shall be postmarked no later
			 than the fifth day of each month.
(b) Each public warehouseman shall maintain
			 current and complete records at all times with respect to all grain, including
			 grain owned by the public warehouseman, that is stored in or handled at the
			 public warehouseman's licensed public warehouse. These records shall include a
			 daily summarized position report, which shall include the following:
(1) The total quantity of each kind of grain
			 received and shipped by the licensed public warehouse;
(2) the total quantity of each kind of grain
			 remaining in the licensed public warehouse at the close of each business day;
			 and
(3) the public warehouseman's
			 total storage obligation for each kind of grain at the close of each business
			 day.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-6 - Secretary's right to seal bins and weigh grain

Current through Register Vol. 43, No. 28, July 11, 2024
Any grain on hand for which there are outstanding warehouse
				receipts may be weighed and required to be stored in sealed bins or tanks by
				the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-7 - Public warehouse receipts; form

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each public warehouse receipt form shall
			 comply with
			 K.S.A.
			 34-239, and amendments thereto, and all other
			 applicable provisions of the act. Each public warehouse receipt form issued to
			 a licensed public warehouse on or after the effective date of this regulation
			 shall include the following:
"The undersigned public warehouseman is not the owner of the
				grain covered by this receipt, solely, jointly, or in common with others,
				unless otherwise stated herein. It is hereby agreed that the grain herein
				described has been graded as required by law and may be stored with other grain
				of the same grade and that this grain is stored pursuant to the Kansas grain
				warehouse law and is subject to all of the rights, powers, privileges, and
				duties provided therein. This grain is fully covered by fire, lightning,
				tornado, and internal explosion insurance. The storage, insurance, elevation,
				and other charges incurred in conjunction with the storage of this grain shall
				be governed by the schedule of charges submitted to the secretary by the public
				warehouseman with whom this grain was deposited pursuant to
				K.S.A.
				34-235, and amendments
				thereto."
(b) Each public
			 warehouse receipt issued to a licensed public warehouse for subsequent issuance
			 to a producer shall be issued to the licensed public warehouse by a vendor
			 authorized by the secretary and shall be issued only in electronic
			 form.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-8 - Scale tickets; inbound form

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 All grain delivered by a depositor to any licensed public warehouse licensed
			 pursuant to the act shall be weighed and graded as provided for in the
			 act.
(b) Each scale ticket for
			 grain deposited at a licensed public warehouse shall be plainly marked
			 "inbound," shall be serially numbered, and shall contain, in a conspicuous
			 location, the phrase "approved by the Kansas department of agriculture." Each
			 ticket shall also include lines designated for the following:
(1) The name of the licensee receiving the
			 grain;
(2) the date the grain was
			 deposited;
(3) the name of the
			 depositor delivering the grain;
(4)
			 the gross weight of the grain deposited;
(5) the tare weight of the grain
			 deposited;
(6) the net weight of
			 the grain deposited and a designation of whether the driver was on or off the
			 truck when the net weight was obtained;
(7) the test weight of the grain
			 deposited;
(8) the price of the
			 grain deposited;
(9) the kind of
			 grain deposited; and
(10) the
			 signature of the public warehouseman or a duly authorized agent of the public
			 warehouseman.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-9 - Scale tickets; outbound form

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All grain shipped or transferred by a
			 licensed public warehouseman by any means of transportation except rail or
			 water shall be weighed as required by the act.
(b) Each scale ticket for grain shipped or
			 transferred by a licensed public warehouseman by any means of transportation
			 except rail or water shall be plainly marked "outbound," shall be serially
			 numbered, and shall contain, in a conspicuous location on the ticket, the
			 phrase "approved by the Kansas department of agriculture." Each ticket shall
			 include lines designated for the following:
(1) The name of the licensee shipping or
			 transferring the grain;
(2) the
			 date of the shipment or transfer;
(3) the name of the customer to whom the
			 grain is being shipped or transferred;
(4) the gross weight of the grain being
			 shipped or transferred;
(5) the
			 tare weight of the grain being shipped or transferred;
(6) the net weight of the grain being shipped
			 or transferred and a designation of whether the driver was on or off the truck
			 when the net weight was obtained;
(7) the test weight of the grain being
			 shipped or transferred;
(8) the
			 price of the grain;
(9) the kind of
			 grain being shipped or transferred; and
(10) the signature of the public warehouseman
			 or a duly authorized agent of the public warehouseman.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-10 - Grain bank grain

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Grain bank grain shall be considered storage grain and shall be subject to the
			 same requirements as those for storage grain.
(b) Any public warehouseman may waive the
			 public warehouse's minimum load-out and receiving fees for grain that is
			 processed in the same public warehouse where the grain was originally deposited
			 for processing.
(c) Each public
			 warehouseman shall enter all of the public warehouseman's grain bank grain into
			 the public warehouseman's records as a liability in the same manner as that for
			 other storage grain for which the public warehouseman is liable.
(d) Grain bank grain shall be accounted for
			 on an individual depositor basis. The records for grain bank grain shall be
			 kept on a pound, bushel, or hundredweight basis for the grain
			 deposited.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-12 - Financial statements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 financial statement of an applicant for a license or the financial statement of
			 an existing grain warehouse shall show that current liquid assets equal or
			 exceed current liabilities. If liabilities exceed liquid assets, the bond
			 required by
			 K.S.A.
			 34-229, and amendments thereto, may be
			 amended to cover the deficiency, or an unused line of credit available to pay
			 the depositor may offset the deficiency.
(b) If current liabilities exceed current
			 liquid assets, the public warehouseman shall comply with subsection (a) of this
			 regulation within 60 days from the date the secretary receives the financial
			 statement that shows any deficiency.
(c) For the purposes of this regulation,
			 liquid assets shall not include deferred income taxes or residential property.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-13 - Appraisals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the
			 financial statement of a public warehouseman does not reflect assets sufficient
			 to comply with the net worth requirements of
			 K.S.A.
			 34-228, and amendments thereto, the public
			 warehouseman may acquire an appraisal. Each appraisal prepared pursuant to this
			 regulation shall be performed by an independent appraiser certified by a
			 generally recognized appraisal society. Each public warehouseman shall submit
			 credentials for the appraiser upon request of the secretary.
(b) Surplus designated under an appraisal
			 shall be discounted by 30 percent to account for estimated unrealized capital
			 gains at the time of the disposition of any grain for which the public
			 warehouseman is liable.
(c) An
			 appraisal prepared according to this regulation may be relied upon by the
			 secretary for up to four years from the date of completion of the appraisal.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-14 - Successor agreement

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In each
			 successor's agreement, grain in open storage, grain bank grain, or warehouse
			 receipts shall be identified separately. The public warehouseman whose
			 liability is being assumed shall report within five days of closing, or within
			 a reasonable time approved by the secretary, the amount of each commodity
			 stored in the warehouse and shall identify the grain as grain in open storage,
			 grain bank grain, or grain subject to a warehouse receipt. The report shall be
			 submitted in writing on a form prescribed by the secretary.
(b) The report specified in subsection (a) of
			 this regulation shall not be required if the change in the ownership is a
			 change only in the name of the grain warehouse.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-18 - Credit for unexpired portion of license on new or amended license

Current through Register Vol. 43, No. 28, July 11, 2024
A successor to a current license holder may prorate the unused
				portion of the license fee to reduce the amount of a new license fee if the
				change in the successor is solely a change in the name of the license holder.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-19 - Licensed storage, conditional storage, and emergency storage

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A public
			 warehouseman shall not utilize any licensed public warehouse for grain storage
			 until the secretary has measured the empty storage volume of the licensed
			 public warehouse and determined that the licensed public warehouse is adequate
			 to store grain in a manner that will maintain the condition of the
			 grain.
(b) Any public warehouseman
			 who takes possession of a grain storage facility, including as the result of an
			 acquisition or merger, may utilize the facility for grain storage upon assuming
			 ownership of the facility and obtaining all required licensure if the secretary
			 has previously measured the empty storage volume of the facility and determined
			 that the facility is adequate to store grain in a manner that will maintain the
			 condition of the grain.
(c) The
			 determination of whether each grain storage facility is adequate to store grain
			 in a manner that will maintain the condition of the grain shall be made by the
			 secretary and shall be based on the following:
(1) Whether the facility is constructed of
			 base material that is adequate to maintain the condition of stored grain,
			 including concrete, asphalt, rock, or other material approved by the
			 secretary;
(2) whether the facility
			 uses rigid, self-supporting sidewalls that provide adequate separation of
			 different types of grain;
(3)
			 whether the facility provides aeration adequate to maintain the condition of
			 stored grain;
(4) whether the
			 facility provides cover adequate to maintain the condition of stored grain,
			 including a tarp or other material approved by the secretary; and
(5) whether the licensed grain storage
			 facility is adequate to store grain in a manner that will maintain the
			 condition of the grain, according to any other criteria related to the physical
			 structure of the grain storage facility that the secretary deems
			 relevant.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-20 - Undermeasurements and overmeasurements of stored grain

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each public warehouseman who is
			 determined by the secretary during an examination to be in possession of less
			 grain than is reflected on the licensed public warehouse's daily position
			 report by an amount equal to or greater than either 500 bushels or 1.5 percent
			 of the licensed public warehouse's total grain inventory, separated by
			 commodity, shall adjust the daily position report so that the report reflects
			 the volume of grain actually stored in the licensed public warehouse, by
			 commodity. A public warehouseman who is determined by the secretary during an
			 examination to be in possession of more grain than is reflected on the daily
			 position report shall not be required to adjust the public warehouse's daily
			 position report.
(b) For purposes
			 of this regulation, the volume of grain stored in each licensed public
			 warehouse shall be the volume of grain stored in the licensed public warehouse
			 on the date and at the time that the licensed public warehouse's daily position
			 report is provided to the secretary at the beginning of an
			 examination.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-21 - Unpaid grain contracts

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each written unpaid grain contract shall be signed by an authorized
			 representative of the licensed public warehouse and by an authorized
			 representative of the seller of the grain within 30 days of entering into the
			 unpaid grain contract. Each verbal unpaid grain contract shall be evidenced by
			 a written confirmation of the unpaid grain contract, which shall be signed by
			 an authorized representative of the licensed public warehouse and by an
			 authorized representative of the seller of the grain within 30 days of entering
			 into the unpaid grain contract.
The signatures required by this subsection may be obtained by
				electronic or other similar means sufficient to verify that both signing
				parties have approved the contract or confirmation. Each unpaid grain contract
				shall comply with
				K.S.A.
				34-2,111, and amendments
				thereto.
(b) Each public
			 warehouseman shall maintain all unpaid grain contracts in a manner that allows
			 the secretary to easily access and verify the contracts during inspection or
			 examination. Unpaid grain contracts that have been fulfilled shall be stored
			 separately from unfulfilled unpaid grain contracts or shall be clearly marked
			 to indicate that the contracts have been fulfilled.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-22 - Safety of facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each public warehouseman shall ensure that the public warehouseman's licensed
			 public warehouse can be safely examined and inspected.
(b) The performance of any examination or
			 inspection of a public warehouse may be refused by the secretary if the
			 secretary determines that the public warehouse is in such a condition that it
			 cannot be adequately examined or inspected or that it presents a danger to the
			 health and safety of examination or inspection personnel. A functional unit
			 that is not examined due to a determination by the secretary pursuant to this
			 regulation shall not be included on a daily position report, shall not be
			 included in an examination, and shall not be used to cover a warehouse receipt
			 or any other liability.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 25 - GRAIN WAREHOUSE › Section 4-25-23 - Disciplinary actions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each public warehouseman who is determined by the secretary during an
			 examination to have failed to comply with any provision of the act shall be
			 issued a report of conditions detailing each violation.
(b) Each public warehouseman who is issued a
			 report of conditions shall, within 15 days of the issuance of the report of
			 conditions, provide a report to the secretary detailing how the public
			 warehouseman has remedied or plans to remedy each violation that was cited in
			 the report of conditions.
(c) Each
			 public warehouseman who fails to respond to a report of conditions within 15
			 days of its issuance as specified in subsection (b) shall be subject to further
			 disciplinary action. The further disciplinary action may include the temporary
			 suspension or revocation of the public warehouseman's license or any other
			 action deemed appropriate by the secretary.
(d) Nothing in this regulation shall limit
			 the power of the secretary to take disciplinary action against any public
			 warehouseman to the fullest extent pursuant to the act if the secretary
			 determines that doing so is necessary or is in the public interest.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-1 - Lodging establishment application fees

Current through Register Vol. 43, No. 28, July 11, 2024
The application fee for each lodging establishment doing
				business in Kansas shall be based on the number of rooms as follows:
(a) 1 room through 29 rooms: $100;
			 and
(b) 30 rooms or more:
			 $200.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Bathhouse"
			 shall mean a room provided to guests, including a locker room, shower room, or
			 other similar room, where guests can shower, store personal items, or change
			 into appropriate clothing for use in the spa.
(b) "Bed and breakfast home" shall mean a
			 boarding house that is a private residence where the owner or manager resides
			 and provides lodging and meals for guests. Any licensee operating a bed and
			 breakfast home may serve food only to the licensee's overnight guests, unless
			 the licensee obtains a food service license.
(c) "Egress" shall mean an exit or route
			 leading out of a lodging establishment.
(d) "Extended-stay establishment" shall mean
			 a lodging establishment in which a room is rented or leased to transient
			 guests. Housekeeping functions are not provided on a daily basis.
(e) "Hot tub" shall mean a pool or container
			 of water designated for recreational use in which one or more people can soak.
			 A hot tub can use hydrojet circulation or an air induction system, or a
			 combination of these, to provide water circulation. A hot tub can use various
			 water temperatures and additives, including minerals and oils, to provide
			 therapy or relaxation.
(f)
			 "Imminent health hazard" shall mean fire, flood, sewage backup, rodent
			 infestation, bed bug or other insect infestation, misuse of poisonous or toxic
			 materials, gross unsanitary occurrence or condition, or any other condition
			 that could endanger the health or safety of guests, employees, or the general
			 public.
(g) "Kitchenette" shall
			 mean a compact kitchen with cooking utensils, tableware, refrigerator,
			 microwave, stove, or sink or any combination of these.
(h) "Licensee" shall mean a person who is
			 responsible for the operation of the lodging establishment and possesses a
			 valid license to operate a lodging establishment.
(i) "Linens" shall mean the cloth items used
			 in the lodging establishment, including sheets, bedspreads, blankets,
			 pillowcases, mattress pads, towels, and washcloths.
(j) "Lodge" shall mean a boarding house or a
			 rooming house that provides seasonal lodging for recreational purposes. If
			 meals are provided for overnight guests, the lodge is operating as a boarding
			 house. If meals are not provided for overnight guests, the lodge is operating
			 as a rooming house.
(k) "Major
			 renovation" shall mean a physical change to a lodging establishment or portion
			 of a lodging establishment, including the following:
(1) Replacing or upgrading any of the
			 following types of major systems:
(A)
			 Electrical;
(B) plumbing;
(C) heating, ventilation, and
			 air-conditioning;
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-3 - Licensure; plans and specifications; variances

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person applying for a license to
			 operate a lodging establishment shall submit the following to the secretary:
(1) A completed application and the required
			 application and license fees; and
(2) if required by subsection (b), the plans
			 and specifications of the lodging establishment.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-4 - Food service and food safety

Current through Register Vol. 43, No. 28, July 11, 2024
Each person operating a guest house that serves food to the
				general public, in addition to overnight guests, shall obtain a food
				establishment license in accordance with
				K.S.A.
				65-688 et seq., and amendments
				thereto.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-5 - Imminent health hazard

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each licensee shall discontinue operations of the affected portions of the
			 lodging establishment on discovery that an imminent health hazard
			 exists.
(b) Each licensee shall
			 notify the secretary within 12 hours of the discovery of an imminent health
			 hazard.