Chapter 83, WEIGHTS AND MEASURES

83-143. Liquefied petroleum gas; unlawful acts. It shall be unlawful to sell at retail or offer for sale at retail any liquefied petroleum gas except by avoirdupois weight, specified in pounds or kilograms; liquid measure, specified in gallons or liters; or vapor, specified in cu…

83-144. Same; labeling of packages and containers. When liquefied petroleum gas is sold at retail or offered for sale at retail by weight, in packages or containers, the tare weight of the container, and the net weight of the contents shall be plainly and conspicuously marked on …

83-145. Liquefied petroleum gas; weighing and measuring devices; testing; unlawful acts. (a) The secretary of agriculture, or the secretary's authorized representative, is authorized to test all weighing and measuring devices used in the retail sale of liquefied petroleum gas, an…

83-146. Same; purchaser's invoice; ticket. An invoice shall be submitted to the purchaser showing the quantity of liquefied petroleum gas sold, expressed in pounds, or gallons, or cubic feet, or other units approved by the secretary of agriculture. When vapor meters reading in ap…

83-148. Liquefied petroleum gas; purchaser's credit for refilled or exchanged container, exceptions. Except as otherwise provided, when liquefied petroleum gas is sold by the container, either by a refilling of a container or an exchange of containers, the vendor shall give the p…

83-201. Definitions. As used in this chapter: (a) "Chapter" means chapter 83 of the Kansas statutes annotated, and amendments thereto, and rules and regulations adopted thereunder. (b) "Correct," as used in connection with weights and measures, means conformance to all applicable…

83-202. Recognized system of weights and measures; statutory provisions control. (a) Except as provided further: (1) The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or bo…

83-203. State primary standards of weights and measures; secondary standards. Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technolo…

83-204. Contracts, sales or purchases construed in terms of standards of weights and measures adopted under act. All contracts, sales or purchases made for work to be done, or for anything to be sold or delivered or done by weight or measure within this state shall be taken and c…

83-205. Weights and measures inspection program; personnel; functions. (a) There is hereby established in the Kansas department of agriculture a weights and measures inspection program to enforce the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments theret…

83-206. Same; powers and duties of secretary of agriculture. In the administration of the weights and measures inspection program, the secretary shall: (a) Administer and enforce the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules an…

83-207. Rules and regulations. (a) The secretary of agriculture may adopt rules and regulations necessary for the administration and enforcement of the provisions of this chapter. As a part of such rules and regulations, the secretary of agriculture shall adopt standards setting …

83-208. Inspections. The secretary may, during normal business hours, enter any premises or vehicle in or on which any weights, measures, balances, devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment, subject to the requirements o…

83-209. Enforcement; orders of secretary. (a) If the secretary finds that any package or amount of any commodity is held, offered or exposed for sale in violation of law, the secretary may order them off-sale and may mark or tag them to show they are illegal. (b) Whenever the sec…

83-210. County or city enforcement; powers and duties of officials. (a) Any county or city in the state may establish a department of public inspection of weights and measures, appoint inspectors of weights and measures and fix their compensation and pass such ordinances relating…

83-212. Bulk sales delivery ticket; contents. All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by rules and regulations of the secretary of agriculture, shall be ac…

83-213. Labeling of packages; rules and regulations. (a) Except as otherwise provided in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or by rules and regulations adopted pursuant thereto, any package kept for the purpose of sale or offered or exposed for s…

83-214. Testing and sealing on request; rates charged for services; weights and measures fee fund. (a) The secretary may try and prove weights, measures, balances and other measuring devices on request for any person, corporation or institution, and when the same are found or mad…

83-215. Rejection of device used for weighing, measuring or both; repair or destruction of device. (a) The secretary is hereby authorized and empowered to reject and take out of service any device used for weighing, measuring or both that is found not to conform to state standard…

83-216. Devices declared to be common nuisance and contraband; action for disposal of device. (a) Any weight, measure or device used for weighing, measuring or both that has been rejected by the secretary and has not been repaired or restored to weigh or measure within approved t…

83-217. Damages owed by person using inaccurate, false or rejected device used for weighing, measuring or both; variations in weight, measure or quantity. Any person who is liable to an injured person by reason of any inaccurate, false or rejected device used for weighing, measur…

83-218. Presumptive proof of regular use of device. For the purposes of this act, proof of the existence of a weight, measure or a device used for weighing, measuring or both, in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or …

83-219. Unlawful acts; violations deemed a deceptive act and practice. (a) It shall be unlawful for any person to: (1) Offer or expose for sale or to sell any weight, measure or weighing or measuring device that does not meet the tolerances and specifications required by this cha…

83-220. Criminal penalty for violations. Any person violating any of the provisions of this chapter shall be guilty of a class A, a nonperson misdemeanor. Each separate violation shall be a separate misdemeanor. History: L. 1985, ch. 345, § 20; L. 1996, ch. 146, § 25; L. 2025, ch…

83-221. Dispensing devices and vehicle tanks; inspections, tests, certifications to be made in compliance with chapter 83. All inspections and tests to inspect, test and seal, certify or reject any dispensing device or the capacity of any vehicle tank used in the transportation o…

83-222. Continuation of rules and regulations in effect prior to July 1, 1985, unless otherwise provided. Except as otherwise provided in this chapter, all rules and regulations adopted under the provisions of this chapter in existence immediately prior to July 1, 1985, shall con…

83-223. Action for injunction authorized to restrain or prevent violations. The secretary may bring action in the district court in the name of the state of Kansas for injunction or other process to restrain or prevent a violation of this act. History: L. 1985, ch. 345, § 23; Jul…

83-224. Severability clause. If any part or parts of this chapter are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts. H…

83-225. Authorized removal of rejection tag or other mark from devices or equipment. (a) A licensed service company or a city or county department of weights and measures shall be authorized to remove an official rejection tag or other mark placed on a device used for weighing, m…

83-226. Service company license required; application; fees; out-of-state places of business; technical representatives, licensure; continuing education seminars; tests for accuracy; deposit of moneys in weights and measures fee fund. (a) Each person, other than an authorized rep…

83-227. Grounds to revoke, suspend, decline to renew or decline to issue a license. (a) At any time after notice and opportunity for a hearing are given accordance with the provisions of the Kansas administrative procedure act, the secretary may revoke, suspend, decline to renew …

83-304. Annual inspection required; devices not tested and approved, taken out of service; approval and seal of certain test weights or equipment; exemptions; report of results; withdrawal of inaccurate devices from use; notification of secretary; reports required to be kept by s…

83-305. Testing of devices for accuracy by secretary. When the secretary finds or is notified by a licensed service company or a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, that a device use…

83-307. Railroad track scales exempt from act. Chapter 83 of the Kansas Statutes Annotated, and amendments thereto, does not apply to a railway track scale used exclusively for the weighing of commodities on railroad vehicles. History: L. 1985, ch. 343, § 7; L. 1996, ch. 146, § 3…

83-321. Jurisdiction of secretary of agriculture over scales and measuring devices; transfer of powers, duties and functions. (a) All of the powers, duties and functions of the director of the Kansas state grain inspection department with regard to the Kansas grain inspection law…

83-322. Same; transfer of officers and employees; retention of benefits and rights; service deemed continuous. On the effective date of this act, officers and employees who immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansa…

83-323. Same; resolution of conflicts by governor; succession to property and records. (a) When any conflict arises as to the disposition of any property, power, duty or function, or the unexpended balance of any appropriation, as a result of any abolition, transfer, attachment o…

83-324. Same; civil and criminal actions saved. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced by or against the director of the Kansas state grain inspection department with regard to the Kansas grain i…

83-325. Same; transfer of appropriations; assumption of liability for compensation of transferred officers and employees. (a) On the effective date of this act, the balance of all funds appropriated and reappropriated to the director of the Kansas state grain inspection departmen…

83-404. Inspection required; dispensing device not tested and approved taken out of service; exemptions; report of results; withdrawal of inaccurate dispensing device from use; notification of secretary; reports required to be kept by service companies. (a) The owner or operator …

83-405. Testing of dispensing device for accuracy by secretary. When the secretary finds or is notified by a licensed service company or a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, that a …

83-501. Civil penalties for violation of any provision of chapter 83. (a) In addition to any other penalty provided by law, any person who violates any provision of this chapter may incur a civil penalty imposed under subsection (b) in the amount, fixed by rules and regulations o…