Chapter 2, AGRICULTURE

2-2116. Disposition of plant pests. Wherever the secretary finds a plant, plant product or other regulated article that is infested by a plant pest or finds that a plant pest exists on any premises in this state or is in transit in this state, the secretary may: (a) Upon giving n…

2-2117. Quarantines; notice and hearings. The secretary is authorized to quarantine this state or any portion thereof when the secretary determines that such action is necessary to prevent or retard the spread of a plant pest or to contain a plant pest for the protection of the p…

2-2118. Inspections; fees. Upon request the secretary may provide inspection services for any person who owns or possesses plants or plant products or for certification purposes of regulated articles intended for shipment. Upon payment of the appropriate fee as established by rul…

2-2120. Live plant dealer's license; application fees; renewal; special event live plant dealer, registration; sale of live plants, conditions. (a) Every live plant dealer, before advertising for sale, selling, offering for sale or delivering any live plants in this state, shall …

2-2122. Revocation of live plant dealer license; notice and opportunity for hearing. The secretary, after providing notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny any application or revoke, suspend, modi…

2-2123. Unlawful to ship live plants or other articles not in compliance with act; tags or labels; electronic or mail order sales. (a) Any live plants sold, delivered, transported or shipped into or within this state by a live plant dealer shall be accompanied by a tag, label, it…

2-2124. Violations; temporary restraining orders. (a) It shall be a violation of this act for any person to: (1) Sell, barter, offer for sale, or move, transport, deliver, ship or offer for shipment into or within this state any plant pests in any living stage without first obtai…

2-2125. Penalties for violations. (a) Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500. (b) The secretary, after providing notice and opportunity …

2-2126. Rules and regulations. The secretary shall adopt, amend and repeal such rules and regulations as, in the discretion of the secretary, are necessary for the administration and enforcement of the provisions of this act. History: L. 1965, ch. 6, § 15; L. 2001, ch. 175, § 2; …

2-2127. Invalidity of part. If any clause, sentence, paragraph, section, or part of this act shall for any reason be declared unconstitutional by any court of competent jurisdiction it shall not affect the validity or constitutionality of any remaining sentence, clause, paragraph…

2-2128. Disposition of moneys received; plant protection fee fund. (a) The secretary shall remit all moneys received by or for the secretary under article 21 of chapter 2 of * Kansas Statutes Annotated, and amendments thereto, to the state treasurer in accordance with the provisi…

2-2129. Plant pest emergency response fund. (a) There is hereby created a plant pest emergency response fund in the state treasury. Such fund shall be funded by a fee assessed in addition to the fees assessed a live plant dealer under article 21 of chapter 2 of the Kansas Statute…

2-2144. Title and citation of act. K.S.A. 2-2144 through 2-2151, and amendments thereto, shall be known and may be cited as the Kansas cotton boll weevil act. History: L. 2022, ch. 69, § 1; July 1.

2-2145. Definitions. As used in K.S.A. 2-2144 through 2-2151, and amendments thereto: (a) "Act" means the Kansas cotton boll weevil act. (b) "Board" means the board of directors of the Kansas cotton boll weevil program established by K.S.A. 2-2146, and amendments thereto. (c) "Co…

2-2146. Establishment of Kansas cotton boll weevil program; board of directors; membership; vacancies; terms; required meetings. (a) There is hereby established the Kansas cotton boll weevil program. (b) The board of directors of the Kansas cotton boll weevil program is hereby es…

2-2147. Powers and duties of board of directors; requirements for individuals conducting inspections or setting or monitoring traps. (a) In order to administer and implement the Kansas cotton boll weevil program, the board shall have the authority to: (1) Establish and implement …

2-2148. Cotton pest eradication plan; implementation in coordination with secretary. If the presence of boll weevils or any other cotton pest is discovered within the state, the board may authorize the development of an eradication plan and implement such plan in coordination wit…

2-2149. Assessment levy on cotton; collection and disposition of assessment moneys; authorized expenditures. (a) There is hereby levied an assessment set by the board not to exceed $2 per cotton bale. The assessment shall be reviewed, set and communicated annually to growers. (b)…

2-2150. Criminal penalty for violations of act. Any violation of this act shall be a class C nonperson misdemeanor. History: L. 2022, ch. 69, § 7; July 1.

2-2151. Discontinuation of Kansas cotton boll weevil program or activity thereunder; requirements. (a) The boll weevil program, or any activity conducted under the program, may be discontinued upon resolution of the program or such activity and with approval by the secretary, if …

2-2201. Title. This act may be cited as the "agricultural chemical act of 1947." History: L. 1947, ch. 10, § 1; June 30. CASE ANNOTATIONS 1. Cited; whether rabon oral larracide is a "harmful material" under K.S.A. 60-3303 triggering four-year statute of repose examined. Koch v. S…

2-2202. Definitions. For the purpose of this act: (a) The terms "agricultural chemical" and "pesticide" shall be construed as synonymous terms, shall apply to substances used for both agricultural and non-agricultural uses and shall mean and include any substance or mixture of su…

2-2203. Prohibited acts. (a) It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the followin…

2-2204. Registration; renewal; chemicals subject to federal registration may be exempted; fees and charges; reduction; cancellation of registration upon notice. (a) Every agricultural chemical which is distributed, sold or offered for sale within this state or delivered for trans…

2-2205. Determinations after hearings; rules and regulations; uniformity between states and federal government. (a) The secretary is authorized, after opportunity for a hearing: (1) To declare as a pest any form of plant or animal life or virus which is injurious to plants, men, …

2-2206. Examinations; prosecutions; stop sale orders; judicial review; inspections. (a) The examination of agricultural chemicals shall be made under the direction of the secretary, or an authorized representative of the secretary, for the purpose of determining whether they comp…

2-2207. Exemptions. (a) The secretary may issue a permit for an experimental use pesticide in lieu of registration, as prescribed by rules and regulations adopted by the secretary. (b) The penalties provided for violations of subsection (a) of K.S.A. 2-2203, and amendments theret…

2-2208. Penalties. (a) Any person violating K.S.A. 2-2203 (a)(1) shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars and not more than five hundred dollars. (b) Any person violating any provisions of this act other than K.S.A. 2-2…

2-2209. Seizures. (a) Any agricultural chemical that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be pr…

2-2210. Delegation of duties. All authority vested in the secretary by virtue of the provisions of this act may with like force and effect be executed by such employees of the Kansas department of agriculture as the secretary may from time to time designate for said purpose. Hist…

2-2211. Cooperation with other agencies. The secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States department of agriculture, and any other state or agency thereof for the purpose of carrying out…

2-2212. Disposition of moneys received; agricultural chemical fee fund. The secretary shall remit all moneys received by or for the secretary under article 22 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto, to the state treasurer in accordance with K.S.A. 7…

2-2213. Invalidity of part. If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons and circumstances s…

2-2214. Jurisdiction over distribution, sale and transportation; emergency situations. (a) Jurisdiction in all matters pertaining to the distribution, sale and transportation of agricultural chemicals is by this act vested exclusively in the secretary, and an authorized represent…

2-2215. Judicial review of secretary's actions. In addition to any other remedy which may be available, any action of the secretary pursuant to the agricultural chemical act of 1947 is subject to review in accordance with the Kansas judicial review act. History: L. 1947, ch. 10, …

2-2301. Definitions. The term "person" shall mean and include individuals, corporations, associations, receivers, and trustees. The term "agricultural products" shall mean and include products and foods, in raw or processed form which are obtained in whole or in part from plants …

2-2302. Unlawful acts. It shall be unlawful for any person: (a) To label any agricultural product, or the container thereof, with any grade, standard, designation, words or figures denoting comparative quality which is in any way misleading; (b) to represent any agricultural prod…

2-2303. Same; false established standards. It shall be unlawful for any person to grade any agricultural product, and identify it or its container, with a false established standard. It shall be unlawful for any person to label any agricultural product, or its container, with a f…

2-2304. Nuisances; seizure; injunctions. Agricultural products which are moved, or possessed, or exposed for sale, with an incorrect or unlawful label on such product, or its container, shall constitute a common nuisance and such products shall be subject to seizure in the manner…

2-2305. Penalty. Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than twenty-five dollars ($25), nor more than five hundred dollars ($500). History: L. 1951, ch. 14, § 5; June 30.

2-2306. Administration and enforcement. The secretary of agriculture shall be charged with the administration and enforcement of the provisions of article 23 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto. History: L. 1951, ch. 14, § 6; L. 1996, ch. 209, § …

2-2438a. Definitions. As used in this act, unless the context otherwise requires: (a) "Animal" means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish and shellfish. (b) "Department" means the Kansas department of agricultu…

2-2439. Administration of act; rules and regulations. The secretary is hereby authorized and empowered to administer and enforce the provisions of this act. The secretary is authorized to promulgate rules and regulations designating certain pesticides as restricted use pesticides…

2-2440. Pesticide business license, requirements and fees, exemptions; unlawful acts; government agency registration, exemptions; license and registration renewals. (a) Subject to the provisions of subsection (d), it is unlawful for any pesticide business that has not been issued…

2-2440a. Pesticide business licensee requirements. (a) A pesticide business licensee applying pesticides for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pests shall ensure that registered pest control technicians who …

2-2440b. Pest control technician registration, requirements and fees; unlawful acts. (a) It shall be unlawful for any pesticide business licensee to apply pesticides for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pes…

2-2440c. Registered pest control technician; training; approval of training materials; maintenance of records verifying training. (a) Each registered pest control technician shall have received training, to the extent prescribed by the secretary by rules and regulations in each o…

2-2440d. Same; fees. (a) The fee for registration of each registered pest control technician shall be paid by the pesticide business licensee employing the registered pest control technician. The registration shall inure to the benefit of the pesticide business licensee and shall…

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 …

2-2440f. Uncertified applicators employed by pesticide business licensees or private applicators; supervision and training requirements; maintenance of records verifying training. (a) Each pesticide business licensee who applies restricted use pesticides or causes restricted use …