Kansas Administrative Code

(Authorized by K.S.A. 65-6a20, 65- 6a30, 65-6a44; effective, E-70-22, July 1, 1970; ef- fective Jan. 1, 1971; revoked May 1, 1982.) 213 Chemigation 4-20-3

(Authorized by K.S.A. 2005 Supp. 65-6a44; implementing K.S.A. 2005 Supp. 65- 6a20, K.S.A. 65-6a21, K.S.A. 65-6a22, K.S.A. 65-6a23, K.S.A. 65-6a25, and K.S.A. 2005 Supp. 65-6a30; effective Jan. 1, 1989; amended Jan. 21, 1991; amended Jan. 25, 1993; amended Sept. 5, 1997; amended S…

(Authorized by K.S.A. 2005 Supp. 65-6a44; implementing K.S.A. 2005 Supp. 65- 6a20, K.S.A. 65-6a21, K.S.A. 65-6a22, K.S.A. 65-6a23, K.S.A. 65-6a25, and K.S.A. 2005 Supp. 65-6a30; effective Jan. 1, 1989; amended Jan. 21, 1991; amended Jan. 25, 1993; amended Dec. 12, 1994; amended S…

(Authorized by K.S.A. 65-6a44; effec- tive, E-70-22, July 1, 1970; effective Jan. 1, 1971; revoked May 1, 1982.) Part III.—SCOPE OF INSPECTION

(Authorized by K.S.A. 65-6a21, 65- 6a30, 65-6a44; effective, E-70-22, July 1, 1970; ef- fective Jan. 1, 1971; revoked May 1, 1982.) 4-17-21 to 4-17-24. (Authorized by K.S.A. 65-6a21, 65-6a22, 65-6a23, 65-6a44; effective, E-70-22, July 1, 1970; effective Jan. 1, 1971; re- voked Ma…

(Authorized by K.S.A. 65-6a23, 65- 6a30, 65-6a44; effective, E-70-22, July 1, 1970; ef- fective Jan. 1, 1971; revoked May 1, 1982.) Part X.—PREPARATION OF ARTICLES OTHER THAN FOR HUMAN FOOD

(Authorized by K.S.A. 65-6a30, 65- 6a44; effective, E-70-22, July 1, 1970; effective Jan. 1, 1971; revoked May 1, 1982.)

(Authorized by K.S.A. 65-6a23, 65- 6a30, 65-6a44; effective, E-70-22, July 1, 1970; ef- fective Jan. 1, 1971; revoked May 1, 1982.) Part XI.—REPORTS 4-17-31 to 4-17-33. (Authorized by K.S.A. 65-6a30, 65-6a44; effective, E-70-22, July 1, 1970; effective Jan. 1, 1971; revoked May 1…

(Authorized by K.S.A. 2007 Supp. 65-6a44;implementingK.S.A.2007Supp.65-6a56; effective July 1, 1992; amended Dec. 12, 1994; amended July 18, 2008; revoked May 10, 2013.)

(AuthorizedbyK.S.A.65-6a44;im- plementing K.S.A. 65-6a56; effective July 1, 1992; amended Dec. 12, 1994; revoked July 18, 2008.) 4-17-302 and 4-17-303. (Authorized by K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a56; effective July 1, 1992; amended July 18, 2008;…

(Authorized by K.S.A. 65-6a44; effec- tive, E-70-22, July 1, 1970; effective Jan. 1, 1971; revoked May 1, 1982.)

(Authorized by K.S.A. 1970 Supp. 65-6a44; effective, E-70-22, July 1, 1970; effective Jan. 1, 1971; revoked Dec. 26, 1988.)

(Authorized by K.S.A. 65-6a26, 65- 6a30, 65-6a32, 65-6a44; effective, E-70-22, July 1, 1970;effectiveJan.1,1971;revokedMay1,1982.)

(Authorized by K.S.A. 65-6a44; im- plementing K.S.A. 65-6a31; effective Jan. 1, 1989; amended Jan. 25, 1993; amended Dec. 12, 1994; revoked Sept. 1, 2006.) Part IV.—OFFICIAL PLANT NUMBERS INAUGURATION, SUSPENSION AND WITHDRAWAL OF INSPECTION SERVICES 4-17-6 to 4-17-9. (Authorized…

(Authorized by and implementing K.S.A. 1982 Supp. 47-504; effective, T-83-35, Nov. 10, 1982; effective May 1, 1983; revoked Oct. 18, 2002.)

Registration fee. The registration fee for each soil amendment shall be $100.00 for each product registered. (Authorized by K.S.A. 2005Supp.2-2805andK.S.A.2-2811;implement- ing K.S.A. 2005 Supp. 2-2805; effective, T-83-35, Nov. 10, 1982; effective May 1, 1983; amended, T-4-6-27-0…

Labeling prohibitions. Any agricul- tural seed shall be deemed mislabeled within the meaning of the act if there appears on the label, container, invoice, other accompanying litera- ture, or any advertising media, any statement di- rectly or indirectly implying that any agricultu…

Indistinguishable seed. When the identification of the kind, variety, or type of seed is not possible by seed characteristics, identification may be based upon the seeding, growing plant, or mature plant characteristics according to such au- thentic information as is available. (…

Origin. The presence of incidental weed seeds, foreign matter, or any other existing circumstances shall be considered in determining the origin of seed. (Authorized by K.S.A. 2-1427; effective Jan. 1, 1966.) GENERAL 4-2-12 and 4-2-13. (Authorized by K.S.A. 2-1427;effectiveJan.1,…

Seed offered for sale. Agricultur- al seeds whether in bags, cartons, bins or other containers exposed in salesrooms, storerooms, warehouses, or other places where seeds are sold for sowing purposes, shall be considered as seed offered or exposed for sale for planting purpos- es …

(Authorized by K.S.A. 2-1425; effec- tive Jan. 1, 1966; amended Jan. 1, 1972; amended, E-78-32, Dec. 7, 1977; amended May 1, 1978; re- voked May 1, 1983.)

(Authorized by K.S.A. 2-1427; effec- tive Jan. 1, 1966; revoked May 1, 1986.)

(Authorized by K.S.A. 2-1425; im- plementing K.S.A. 2-1425; effective May 1, 1983; revoked, T-4-7-5-89, July 5, 1989; revoked Aug. 14, 1989.)

(Authorized by K.S.A. 2-1427; im- plementing K.S.A. 2-1425 as amended by 1989 HB 2133; effective, T-4-7-5-89, July 5, 1989; ef- fective Aug. 14, 1989; revoked Oct. 6, 2017.)

Label requirements for seed de- livered to wholesalers. Seed delivered in bulk to a wholesaler after conditioning shall be com- pletely labeled by an invoice or master label at- tached to the bulk container. Seed delivered to a wholesaler in bags or other containers may be la- be…

Labeling treated seed. Treated seed mustbelabeled.Ifseedhasbeenchemicallytreat- ed, each bag or container must be labeled bearing a true statement as follows: The required infor- mation shall be in type no smaller than 8 point and may be on the tag bearing the analysis infor- mat…

Adoption by reference. The fol- lowing sections of 7 C.F.R. part 201, as revised on January 1, 2007, are hereby adopted by reference: (a) 201.39; (b) 201.40; (c) 201.41; (d) 201.42; and (e) 201.43. (Authorized by K.S.A. 2006 Supp. 2-1427; imple- menting K.S.A. 2-1423; effective D…

Registration fees for wholesalers and retailers. (a) Each wholesaler shall pay a registration fee of $250 for each location at which the wholesaler is doing business. (b) Each retailer shall pay a registration fee of $30 for each location at which the retailer is doing business. …

Sampling procedure. (a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection: (1) “Free-flowing seed” means any agricultur- al seed that readily sheds the husks, hulls, awns, bran, and other plant parts while being condi- ti…

(Authorized by K.S.A. 2-1427; effective Jan. 1, 1966; revoked Dec. 12, 1994.)

(Authorized by K.S.A. 2-1427; effective Jan. 1, 1966; revoked Dec. 12, 1994.)

(Authorized by K.S.A. 2-1427; effective Jan. 1, 1966; revoked Dec. 12, 1994.)

(Authorized by K.S.A. 2-1427; effective Jan. 1, 1966; revoked May 1, 1982.) ANALYSES IN ADMINISTRATION OF THE ACT

Methods of analyses. (a) Subject to the provisions of subsections (f), (g), and (h) of this regulation, the methods of analysis shall be those published by the association of official seed analysts in the following sections of volume 1 of the “AOSA rules for testing seeds,” title…

(Authorized by K.S.A. 2-1427; effective Jan. 1, 1966; revoked May 1, 1988.) EXAMINATIONS IN THE ADMINISTRATION OF THE ACT

Civil penalties. (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 subs…

Certified chemigation equip- ment operator examination. (a) Examinations for certified chemigation equipment operators shall be provided by the Kansas state board of ag- riculture. A grade of 75% correct answers shall be required to pass the examination. (b) Examinations for chem…

Certificates and pocket cards. 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, typeofcertificateissued,theexpirationdateof…

Report of address change by certified chemigation equipment operators. 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. (Aut…

Agronomic application rates. 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 ap- plied, as determined by sound agronomic meth- ods. Soun…

Records and reports. (a) Each person using a chemigation process shall keep records regarding each application of any chemi- cal other than water or animal waste. The records shall contain the following information: (1) the type of chemical used; (2) the amount of active ingredie…

Permits. No individual shall super- vise 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 supervi- sion and who handle pesticides: (a) a…

Waterline check valves. (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 compo- nents shall be maintained in …

Injection equipment. (a) The in- jection equipment used shall be constructed and maintained in a manner which prohibits applica- tion of any pesticide at a rate which exceeds the maximum rate of application recommended by the pesticide’s label or labeling and which prohib- its ap…

Vacuumreliefdeviceandautomat- ic low-pressure drain. 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 de- vices shall not be blocked, capped or otherwise modi…

Chemical injection line and checkvalve. The point at which any chemical, fertilizer or animal waste is injected into the irri- gation distribution system shall be located on the downstream side of any waterline checkvalve. The chemical injection line shall contain a checkvalve wh…

“Nutrient utilization plan” de- fined; amendments to the plan; exceptions. (a) A confined feeding facility for swine under Kan- sas 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…

“Field” defined. A field is defined, for purposes of preparation of a nutrient utiliza- tion 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 …

Soil samples. (a) (1) The soil nutri- ent 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 sampli…

Soil tests. The composite soil sam- ples from each field shall be analyzed for the nu- trients specified in subsection (a) in the manner prescribed by this regulation. (a) The analyses listed in this subsection shall fol- low the directions on the specified pages that are hereby …