Chapter 2 — AGRICULTURE

2-3010. Unlawful acts; penalties. Any person who shall violate 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 twenty-five dollars ($25) nor more than five hundred dollars ($500) or by imp…

2-3011. Kansas soybean commission; state promotion entity for soybeans. The Kansas soybean commission, established pursuant to K.S.A. 2-3001 et seq., and amendments thereto, shall be the state promotion entity for soybeans under the soybean promotion, research and consumer inform…

2-3012. National checkoff program for soybeans. On and after the effective date of the national checkoff program for soybeans, established pursuant to public law 101-624, the assessment shall be collected upon all soybeans sold in the state of Kansas. Such assessment shall be lev…

2-3013. Assessments, disposition; national checkoff program for soybeans. (a) Any assessment collected pursuant to the national checkoff program for soybeans, established pursuant to public law 101-624, shall be paid to the commission on or before the 20th day of the calendar yea…

2-3101. Interstate Compact on Agricultural Grain Marketing. The "Interstate Compact on Agricultural Grain Marketing" is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows: Interstate Compact on Agricultura…

2-3201. Protection of farmland and agricultural activities; purpose. It is the declared policy of this state to conserve and protect and encourage the development and improvement of farmland for the production of food and other agricultural products. The legislature finds that ag…

2-3202. Certain agricultural activities not a nuisance. (a) Agricultural activities conducted on farmland, if consistent with good agricultural practices and established prior to surrounding agricultural or nonagricultural activities, are presumed to be reasonable and do not cons…

2-3203. Definitions. As used in this act: (a) "Agricultural activity" means the growing or raising of horticultural and agricultural crops, hay, poultry and livestock, and livestock, poultry and dairy products for commercial purposes and includes activities related to the handlin…

2-3204. Action for injunction alleging misuse of chemicals; when attorney fees and expenses assessed. In any case in which an action for injunction is brought alleging the prior misuse of agricultural chemicals and the court finds that the defendant properly used the agricultural…

2-3205. Exclusive compensatory damages for nuisance originating from farmland used for agricultural activity; standing. (a) The exclusive compensatory damages that may be awarded to a claimant where the alleged nuisance originates from farmland primarily used for agricultural act…

2-3301. Citation of act. This shall be known and may be cited as the "Kansas chemigation safety law." History: L. 1985, ch. 5, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Arch…

2-3302. Definitions. As used in the Kansas chemigation safety law: (a) "Chemigation" means any process whereby pesticides, fertilizers or other chemicals or animal wastes are added to irrigation water applied to land or crops, or both, through an irrigation distribution system. (…

2-3303. Requirements for chemigation users. Persons applying any chemical by the chemigation process in an irrigation system shall: (a) Register with the secretary; (b) use anti-pollution devices; and (c) keep records and make reports as deemed appropriate by the secretary. Histo…

2-3304. Registration of chemigation users; permit; fee; renewal. (a) Any user of the chemigation process shall register and obtain a chemigation user's permit before using the process. (b) Registration shall consist of making application on a form supplied by the secretary. Such …

2-3305. Functional anti-pollution devices, requirements. Functional anti-pollution devices shall be used in the chemigation process according to: (a) Criteria adopted by the secretary by rules and regulations that, in the secretary's discretion, follow the latest scientific knowl…

2-3306. Responsibility of chemigation equipment operators; chemigation equipment operator examination; renewal; fee. (a) Any individual operating chemigation equipment under a chemigation user permit shall be responsible for the safe operation of such chemigation equipment and an…

2-3307. Access to premises by secretary; inspections, samples and investigations; search warrants; enforcement of criminal and civil provisions of act. (a) For the purpose of carrying out the provisions of this act, including any review of the application of swine waste under K.S…

2-3308. Unlawful acts; criminal penalties. (a) Except as provided by subsection (b), it is a misdemeanor punishable by a fine not exceeding $500 for: (1) Any person to engage in chemigation without first obtaining a permit as provided in this act; (2) any person to engage in chem…

2-3309. Administration of act; employees; rules and regulations. (a) The secretary of agriculture shall administer this act and shall have authority to employ such qualified persons deemed necessary to carry out the provisions of this act. (b) The secretary shall adopt such rules…

2-3310. Denial, suspension, revocation or modification of permits; notice and hearing; grounds. The secretary, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny, suspend, revoke or modify the provisio…

2-3311. Denial, suspension, revocation or modification of permit; notice and opportunity for hearing. The secretary may revoke, deny renewal or suspend, for any cause, a chemigation user's permit, after notice and opportunity for a hearing are given in accordance with the provisi…

2-3312. Same; judicial review of secretary's action. The registrant or permit holder may obtain review of an order of the secretary revoking or suspending a chemigation user registration or chemigation user's permit or denying or declining to issue or to renew such registration o…

2-3313. Unlawful acts. It shall be unlawful for any person required to be registered or to hold a permit under the provisions of this act to: (a) Make a pesticide use or application not in accordance with the directions for use shown on the label registered under the Kansas agric…

2-3314. Injunctive relief for violations of act. The district courts of Kansas shall have jurisdiction to restrain violations of this act by injunction without the institution of criminal proceedings. The injunction shall be issued without bond. History: L. 1985, ch. 5, § 14; Jul…

2-3315. Chemigation fee fund; expenditures. The secretary shall remit all moneys received under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the…

2-3316. Subpoena power. The secretary may issue subpoenas to compel the attendance of witnesses or production of books, documents and records anywhere in the state in any hearing affecting the authority or privilege granted by a registration or permit issued under the provisions …

2-3317. Penalties. (a) Any person who violates any of the provisions of the Kansas chemigation safety law, 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 …

2-3318. Application of swine waste; authority of secretary of health and environment; nutrient utilization plans, review and approval; penalties for violations. (a) Regardless of whether irrigation water is added, whenever swine waste is applied to crops or land, the secretary of…

2-3601. Definitions. As used in this act: (a) "Council" means the Kansas agricultural seed council. (b) "Seedsman" or "seedsmen" means a person, private entity or corporation registered with the Kansas department of agriculture to sell seed in Kansas. (c) "Agricultural seed," "re…

2-3602. Membership of council; terms; vacancies; ex officio members; meetings. (a) There is hereby created the Kansas agricultural seed council. (b) The council shall consist of seven members who will be elected at the annual meeting of the Kansas seed industry association. The b…

2-3603. Powers and duties of council. In the administration of this act, the council shall have the following duties, authorities and powers: (a) To conduct a campaign of seed industry development, through research, education and information; (b) to accept grants and donations; (…

2-3701. Short title. K.S.A. 2-3701 through 2-3714, and amendments thereto, may be cited as the agricultural and specialty chemical remediation act. History: L. 2000, ch. 82, § 1; July 1. Attorney General's Opinions: Agricultural Remediation Board is a state agency for purpose of …

2-3702. Definitions. As used in K.S.A. 2-3701 et seq., and amendments thereto: (a) "Agricultural or specialty chemical" means any pesticide, fertilizer, plant amendment or soil amendment but does not include nitrate and related nitrogen from a natural source. (b) "Board" means th…

2-3703. Purpose; rules and regulations; annual reports. (a) There is hereby established the remediation linked deposit loan program, which shall be administered by the state treasurer. The program shall be for the purpose of providing loans to eligible persons to pay the costs of…

2-3704. Loans; application; limitations; use; approval or rejection. (a) The state treasurer is hereby authorized to disseminate information and provide remediation linked deposit loan packages to lending institutions eligible for participation in the remediation linked deposit l…

2-3705. Procedures for making deposits; deposit agreement, terms. (a) If sufficient moneys are not available for a remediation linked deposit, applications may be considered in the order received when moneys are once again available, subject to a review by the lending institution…

2-3706. Procedures for making loans; interest rate. Upon the placement of a remediation linked deposit with an eligible lending institution, the institution shall make the loan to each approved eligible person listed in the remediation linked deposit loan package in accordance wi…

2-3707. Effect of late payment or default. Neither the state nor the state treasurer shall be liable to any eligible lending institution in any manner for payment of the principal or interest on a remediation linked deposit loan pursuant to K.S.A. 2-3701 through 2-3714, and amend…

2-3708. Purpose; amount of reimbursement, limits. (a) There is hereby established the remediation reimbursement program. The program shall be for the purpose of: (1) Providing reimbursement to eligible persons for the costs of corrective action approved by the department of healt…

2-3709. Kansas agricultural remediation board; creation. (a) There is hereby created the Kansas agricultural remediation board. The board shall consist of five members appointed by the governor. Of the five members, one shall be a representative of agricultural retailers, one sha…

2-3710. Kansas agricultural remediation board; powers and duties. The Kansas agricultural remediation board shall have the following powers, duties and functions: (a) Administer the fund and the remediation reimbursement program. (b) Subject to K.S.A. 2-3701 through 2-3714, and a…

2-3711. Kansas agricultural remediation fund; creation. (a) There is hereby created in the state treasury the Kansas agricultural remediation fund. (b) All expenditures from the Kansas agricultural remediation fund shall be made in accordance with appropriation acts upon warrants…

2-3712. Assessments; when required. (a) If the unobligated principal balance of the Kansas agricultural remediation fund equals or exceeds $3,000,000 on April 1 of any year, the assessments imposed by K.S.A. 2-3713, and amendments thereto, shall not be levied on or after the next…

2-3713. Same; amounts. (a) Subject to the provisions of K.S.A. 2-3712, and amendments thereto, there is hereby imposed environmental assessments as follows: (1) An annual assessment of $100 to be paid by each custom blender required to be licensed pursuant to K.S.A. 2-1201a, and …

2-3714. Abolition of programs. On July 1, 2030, the remediation linked deposit loan program, the remediation reimbursement program and the fund are hereby abolished. History: L. 2000, ch. 82, § 14; L. 2008, ch. 6, § 3; L. 2019, ch. 2, § 3; July 1. Previous | Next LEGISLATIVE COOR…

2-3715. Kansas pesticide waste disposal program; creation. (a) There is hereby established a Kansas pesticide waste disposal program to be administered by the secretary of agriculture for the collection and disposal of pesticide waste in the state. (b) The program shall be funded…

2-3716. Kansas pesticide waste disposal fund; creation; expenditures and transfers; annual expenditure report. (a) There is hereby created in the state treasury the Kansas pesticide waste disposal fund. All moneys credited to the Kansas pesticide waste disposal fund shall be used…

2-3801. Farmers' market promotion act. The provisions of K.S.A. 2-3801 through 2-3804, and amendments thereto, shall be known and may be cited as the Kansas farmers' market promotion act. History: L. 2013, ch. 73, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL Gene…

2-3802. Same; definitions. As used in this act: (a) "Department" means the Kansas department of agriculture. (b) "Farmers' market" means a common facility or area where producers or growers gather on a regular, recurring basis to sell fresh fruits, vegetables, meats and other far…

2-3803. Same; central registration of farmers' markets; secretary as registration authority. (a) There is hereby established a central registration of farmers' markets which shall be maintained by the department. Such central registration of farmers' markets shall be for the purp…