Chapter 2, AGRICULTURE

2-1216. Same; duties of secretary; employees. It shall be the duty of the secretary (1) to administer this act, and the rules and regulations adopted thereunder, and (2) to employ the necessary personnel. Such employees are hereby authorized and directed to inspect the facilities…

2-1217. Same; inspection of facilities and equipment; duties of employees, owners and operators. For the purposes of administering this act, the administrative personnel and employees shall have the right to enter private property and to inspect facilities and equipment. It shall…

2-1218. Same; unlawful acts. It shall be unlawful, and a violation of this act, for any person; (a) to operate any anhydrous ammonia facility, any transportation equipment, or to sell or offer to sell any anhydrous ammonia, unless (1) the product container, piping, valves, hose, …

2-1219. Same; penalty for violations; injunctions; jurisdiction; hearings. Any person violating or failing to comply with, any of the provisions of this act, or any rule or regulation adopted thereunder, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall b…

2-1220. Definitions. Unless the context otherwise requires, as used in this act, the following definitions shall apply: (a) "Person" means any individual, any association of persons or any corporation. (b) "Anhydrous ammonia" and "product" means the compound formed by the combina…

2-1221. Fertilizer research fund; creation; use of moneys; expenditures. There is hereby created a fertilizer research fund. All moneys credited to the fund shall be expended to the agricultural experiment station under the supervision of Kansas state university for the purpose o…

2-1222. Issuance of stop sale or stop use orders. (a) The secretary or a duly authorized representative of the secretary, acting as the enforcing officer, may issue and enforce a written or printed stop sale or stop use order to the owner or custodian of any facility or equipment…

2-1226. Definitions. As used in this act: (a) "Commercial fertilizer" shall have the meaning ascribed to such term under K.S.A. 2-1201, and amendments thereto. (b) "Fertilizer materials" shall have the meaning ascribed to such term under K.S.A. 2-1201, and amendments thereto. (c)…

2-1227. Rules and regulations. The secretary is authorized to adopt rules and regulations: (a) For the safe handling and storage of commercial fertilizers and fertilizer materials in bulk; (b) for the establishment of minimum general standards covering the design, construction, l…

2-1228. Approval of construction or alteration by the secretary; transferable. (a) A person beginning construction of or substantial alteration to an existing facility or equipment used for the manufacture, blending, handling or bulk storage of commercial fertilizer or fertilizer…

2-1229. Secretary's right to enter property; notice; compliance. For the purposes of administering this act, the secretary or a person or persons designated by the secretary shall have the right to enter private property and to inspect facilities and equipment. It shall be the du…

2-1230. Unlawful acts. It shall be unlawful, and a violation of this act, for any person: (a) To operate any facilities or equipment unless: (1) The facilities and equipment are constructed and installed in accordance with the rules and regulations adopted under the provisions of…

2-1231. Penalties; injunction. Any person violating or failing to comply with any of the provisions of this act, or any rule and regulation adopted under this act, shall be guilty of a class B misdemeanor. If any person owning or operating a facility or equipment used for manufac…

2-1232. Secretary may issue a stop sale or stop use order; judicial review. (a) The secretary or a duly authorized representative of the secretary, acting as the enforcing officer, may issue and enforce a written or printed stop sale order or stop use order when there is reason t…

2-1234. Storage of liquid fertilizers; mobile containers; requirements. If the secretary of agriculture does not adopt a revised regulation related to storage of liquid fertilizer in mobile containers prior to February 1, 2003, then the requirements provided in K.A.R. 4-4-900 et …

2-1235. Uniformity of fertilizer law; exclusive jurisdiction of state. (a) On and after the effective date of this section, the provisions of the Kansas fertilizer law, and any rules and regulations promulgated thereunder relating to fertilizer sale or use, including, but not lim…

2-1313a. Definitions. (a) The provisions of article 13 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, and K.S.A. 2-1313a, 2-1314c, 2-1314d and 2-1319a, and amendments thereto, shall be known and may be cited as the noxious weed act. (b) For the purposes of…

2-1314. Declaring plants as noxious weeds; control and eradication. (a) The secretary shall adopt rules and regulations to declare species of plants as noxious weeds in the state. Once a species of plant has been declared to be a noxious weed, it shall be considered a noxious wee…

2-1314c. Emergency declarations of noxious weeds. (a) The secretary may, by order, make an emergency declaration of noxious weeds if: (1) A new and potentially harmful species of plant is discovered growing in the state and is verified by the secretary; or (2) the state is facing…

2-1314d. State noxious weed advisory committee; membership; organization; duties. (a) There is hereby created the state noxious weed advisory committee, referred to in this act as the state advisory committee. The state advisory committee shall consist of 13 voting members and th…

2-1315. Adoption of official methods for the control of noxious weeds; control districts; duties of secretary; cooperation of secretary, county agents and weed supervisors; rules and regulations. (a) The secretary is hereby empowered to: (1) Establish and adopt official methods f…

2-1316. Responsibility for enforcement; weed supervisors; duties; salary; annual surveys, progress report and submission of a prospective management plan. (a) The responsibility for the enforcement of the provisions of this act shall be vested in the board of county commissioners…

2-1317. Weed supervisors, cooperation with certain entities. The secretary and the weed supervisor shall confer, at such time or times as seems necessary and advisable, with the secretary of transportation, boards of county commissioners, township boards, school boards, drainage …

2-1318. Tax levies by counties, townships and cities; budgeting through township or city general operating fund; use of proceeds; retention of records. (a) On the basis of the annual surveys of infestation required by K.S.A. 2-1316, and amendments thereto, the tax levying body of…

2-1319. State political subdivision land; control and eradication of noxious weeds; failure by political subdivision to control; payment of costs. (a) (1) The cost of controlling and eradicating noxious weeds on all lands or right-of-ways owned or supervised by a state agency, de…

2-1319a. Certification of forage, straw or mulch carried onto state land as weed free. Any and all alfalfa, grass, hay or other forage, straw or mulch carried onto or used for any purpose within the boundaries of any lands owned or managed by the state and its agencies must be ce…

2-1320. Unpaid costs of labor or material; itemized statement and notice to owner; penalties and interest; liens; copy of notice to register of deeds and county or city clerk; lien payable upon sale or transfer of ownership. In case the weed supervisor enters upon land or furnish…

2-1321. Filing of protests; hearings; appeals. If any person shall be dissatisfied with the charge made for material or rent of equipment used in the control and eradication of noxious weeds, said person shall, within ten days from the mailing of the account showing such charge, …

2-1322. Purchase and use of equipment and chemicals; sale of chemicals, price; charges for use of machinery and equipment; record of purchases, sales and charges. (a) The board of county commissioners, or the governing body of incorporated cities, cooperating with the secretary, …

2-1323. Penalty for violations. Any person, association of persons, corporation, county or city or other official who shall violate or fail to comply with any of the provisions of this act or the rules and regulations adopted pursuant to this act shall be deemed guilty of a class…

2-1324. Invalidity of part. Should it be decided upon final judicial hearing that any section or clause of this act is invalid such decision shall only apply to the section or clause so found to be invalid and shall not invalidate the entire act. History: L. 1937, ch. 1, § 11; Fe…

2-1325. Unlawful acts; disposal of screenings and materials. It shall be unlawful for any person, company or corporation to sell, offer for sale, barter, give away or otherwise dispose of any screening or offal material containing seeds of weeds mentioned in K.S.A. 2-1314 unless …

2-1326. Same; disposal of infested plants, materials or fertilizers. It shall be unlawful for any person, company or corporation to sell, barter or give away nursery stock, plants, packing materials, animal fertilizer and soil or sod for landscaping or fertilizer uses which conta…

2-1327. Same; harvesting and other machines; labeling. It shall be unlawful for any person, company or corporation to (1) bring any harvesting or threshing machinery, portable feed grinders, portable seed cleaners, or field ensilage cutters or other farm vehicles or machinery int…

2-1328. Same; infested livestock feed material. It shall be unlawful for any person, company or corporation to sell or offer for sale, barter or give away any livestock feed material which is infested with seeds of noxious weeds unless such feed material shall first have been pro…

2-1329. Same; unprocessed livestock feed. It shall be unlawful for any person, company or corporation to feed to livestock, except on the premises where grown or when purchased from a grower or dealer within the state, any grains, crops or other material containing the seeds of n…

2-1330. Entry upon and inspection of property. (a) Subject to subsection (b), the boards of county commissioners, township boards, state and city officials, weed supervisors or any city, township, county or state employee so authorized shall have at all reasonable times, free acc…

2-1331. Notification of owner of lands infested with noxious weeds; inspection; initial general or official notice; subsequent legal notice. (a) When a weed supervisor has knowledge that any land in the weed supervisor's jurisdiction is infested, in any current year, with any nox…

2-1332. Notice of the costs of treatment; itemized statement, contents; filing with register of deeds and county clerk; payment plans; liens, payable on sale or transfer of ownership. In the event the weed supervisor enters or causes entry upon land to control any noxious weed in…

2-1333. County option for discount program to control noxious weeds; petition to establish program, election and procedures. (a) The board of county commissioners may adopt a resolution to authorize the establishment of a program to provide chemical materials used in the control …

2-1415. Definitions. As used in this act: (a) "Agricultural seed" means the seed of grass, legume, forage, cereal, fiber crops, oil seed, food plot seed and any cannabis sativa crop authorized by state law, or mixtures thereof. "Agricultural seed" does not include those seeds gen…

2-1416. Testing and labeling required. Except as provided in subsection (c) of K.S.A. 2-1421, and amendments thereto, it shall be unlawful for any person to offer or expose for sale, sell or exchange any agricultural seed for planting or seeding purposes that has not been tested …

2-1417. Label requirements. (a) Each bulk quantity, package or parcel of agricultural seed offered for sale, exposed for sale or exchanged for planting or seeding purposes shall have a label that shall be affixed thereto or printed or stenciled thereon or, for bulk quantity agric…

2-1417a. Identification and labeling requirements for treated seed. (a) Seed that has been treated with an irritating or poisonous substance that is harmful to humans or other vertebrate animals shall be colored or dyed a color that clearly identifies that the seed has been treat…

2-1421. Unlawful acts. (a) It shall be unlawful for any person to sell, offer for sale, expose for sale or advertise by commercial means any agricultural seed for seeding purposes: (1) That was not tested to determine the germination rate within the nine-month period immediately …

2-1421a. Wholesaler and retailer business registration; fees; agricultural seed fee fund; disposition of moneys received; rules and regulations authority. (a) (1) Each wholesaler shall register with the secretary and shall pay a registration fee not to exceed $300. A wholesaler s…

2-1422. Criminal and civil penalties for violations; suspension, revocation or denial of registration; disposition of moneys received. (a) Any person who violates any of the provisions of this act shall be deemed guilty of an unclassified misdemeanor and upon conviction thereof s…

2-1422a. Seizure of mislabeled seed; disposition; court hearing; injunction. (a) Agricultural seed that is mislabeled shall be considered a common nuisance and shall be subject to seizure and injunction in the manner provided by law. (b) (1) When a court of competent jurisdiction…

2-1423. Inspections; stop sale orders; judicial review. (a) Inspection. The secretary shall inspect, sample and determine the purity and germination rate of agricultural seed at such time, in such places and to such extent as the secretary considers advisable. The secretary may s…

2-1424. Secretary to report violations of act to prosecuting attorney; attested copies of analysis results. When the secretary determines that prosecution for a violation of this act or rules and regulations adopted pursuant hereunder is warranted, the secretary shall: (a) Report…