Pesticide business licensees and pesticide dealers; persons required to hold a license, certification, registration or permit; civil penalties; appeal procedure; deposit of moneys.

2-2440e. Pesticide business licensees and pesticide dealers; persons required to hold a license, certification, registration or permit; civil penalties; appeal procedure; deposit of moneys. (a) (1) Any pesticide business licensee or pesticide dealer who violates any provision of the Kansas pesticide law or any rules or regulations adopted thereunder, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $5,000 for each violation and, in the case of a continuing violation, every day such violation continues may be deemed a separate violation. In the case of a continuing violation, the maximum civil penalty shall not exceed $10,000. (2) Except as provided in paragraph (1), any person who holds a license, certification, registration or permit or is required to hold such license, certification, registration or permit pursuant to the Kansas pesticide law and violates any provision of the Kansas pesticide law or any rules and regulations adopted thereunder, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $500 for each violation, and in the case of a continuing violation, every day such violation continues may be deemed a separate violation. In the case of a continuing violation, the maximum civil penalty shall not exceed $2,500. (b) The secretary may impose a civil penalty as provided in this section upon a finding that a pesticide business licensee, pesticide dealer or any person has violated any provision of the Kansas pesticide law or any rules or regulations adopted thereunder. (c) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary. Such order shall state the violation, the penalty to be imposed and the right of such pesticide business licensee, pesticide dealer or person to appeal to the secretary. Any such pesticide business licensee, pesticide dealer or person may make written request to the secretary for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. (d) Any pesticide business licensee, pesticide dealer or person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act. (e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. (f) This section shall be a part of and supplemental to the Kansas pesticide law. History: L. 1988, ch. 7, § 5; L. 2001, ch. 5, § 16; L. 2009, ch. 128, § 15; L. 2010, ch. 17, § 12; L. 2024, ch. 55, § 5; July 1. Law Review and Bar Journal References: "Pesticides and Property Damage," John D. Gatz, XIII J.K.T.L.A. No. 5, 17 (1990). Attorney General's Opinions: Authority of department of agriculture to enforce federal workers protection standards referenced on pesticide labels; criminal prosecution. 1999-30. CASE ANNOTATIONS 1. Court erred in exceeding its scope of review and in substituting its judgment for agency's. Karns v. Kansas Bd. of Agriculture, 22 Kan. App. 2d 739, 747, 923 P.2d 78 (1996). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026