Session Law

Identifying Information:L. 2001 ch. 059
Other Identifying Information:2001 Senate Bill 334
Tax Type:Other
Brief Description:An Act concerning agriculture; relating to commercial feeding stuffs; amendingK.S.A. 2000 Supp. 2-1008 and 2-1011 and repealing the existing sections.
Keywords:


Body:

CHAPTER 59

SENATE BILL No. 334


An Act concerning agriculture; relating to commercial feeding stuffs; amending

K.S.A. 2000 Supp. 2-1008 and 2-1011 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 2-1008 is hereby amended to read as

follows: 2-1008. (a) The state board of agriculture, the secretary of the

board and the duly authorized representatives thereof shall have free

access to all places of business, mills, buildings and vessels, of whatsoever

kind, used in the manufacture, transportation, importation, sale or storage

of any commercial feeding stuffs and may open any parcel containing, or

supposed to contain, any commercial feeding stuffs and may take there-

from, in the manner prescribed in K.S.A. 2-1009 and amendments

thereto, samples for analysis and shall pay the retail price of the sample

or samples procured. Before entering the premises, the representatives

of the state board department of agriculture shall make application to

party or parties in charge of any manufacturer, importer, jobber, firm,

association, corporation or person who sells, offers, or exposes for sale or

distributes in this state any commercial feeding stuffs.

(b) The state board of agriculture, the secretary of the board or a duly

authorized representative thereof, acting as the enforcing officer, may

issue and enforce a written or printed stop sale order to the owner or

custodian of any quantity of commercial feeding stuffs which the secretary

or the duly authorized representative of the secretary determines to be

misbranded, or adulterated or containing contains or may contain any

substance injurious to public health or the health of livestock, poultry or

pets or which are sold, offered or exposed for sale in violation of any of

the statutes contained in article 10 of chapter 2 of the Kansas Statutes

Annotated and amendments thereto or any rules and regulations adopted

thereunder. The stop sale order shall prohibit further sale and movement

of such commercial feeding stuffs, except on approval of the enforcing

officer, until the enforcing officer has evidence that the law and rules and

regulations have been complied with and issues a release from the stop

sale order. Any stop sale order issued pursuant to this subsection is subject

to review in accordance with the act for judicial review and civil enforce-

ment of agency actions. The provisions of this subsection shall not be

construed as limiting the right of the enforcement officer to proceed as

authorized by other provisions of the statutes contained in article 10 of

chapter 2 of the Kansas Statutes Annotated and amendments thereto.

Sec. 2. K.S.A. 2000 Supp. 2-1011 is hereby amended to read as follows:

2-1011. (1) It shall be deemed a violation of this act for any manufacturer,

importer, jobber, firm, association, corporation or person to sell, offer or

expose for sale, or distribute in this state any commercial feeding stuffs:

(A) Unless the manufacturer, importer, jobber, firm, association, cor-

poration or person has been issued a license for each manufacturing or

distribution facility pursuant to K.S.A. 2000 Supp. 2-1014, and amendments

thereto; (B) which is not labeled as required by law; (C) which bears a false

or misleading statement on the label or the advertising accompanying the

commercial feeding stuffs; (D) which is adulterated or contains any sub-

stance or substances which may render the commercial feeding stuffs in-

jurious to public health or the health of livestock, poultry and pets.

(2) It shall be deemed a violation of this act for any manufacturer,

importer, jobber, firm, association, corporation or person to: (A) Mutilate,

destroy, obliterate or remove the label or any part thereof, or do any act

which may result in the misbranding or false labeling of such commercial

feeding stuffs; (B) fail or neglect to file the tonnage report and pay the

inspection fee due thereon as required; (C) file a false report of the tonnage

of feeding stuffs sold for any period; (D) impede, obstruct, hinder or oth-

erwise prevent or attempt to prevent said the secretary or the secretary's

authorized agents in the performance of any duty in connection with the

enforcement of the provisions of article 10 of chapter 2 of the Kansas Stat-

utes Annotated and amendments thereto.

(3) Any manufacturer, importer, jobber, firm, association, corporation

or person who shall violate any of the provisions of article 10 of chapter 2

of the Kansas Statutes Annotated and amendments thereto or the rules and

regulations adopted, may incur a civil penalty in an amount not more than

$1,000 per violation, and in the case of a continuing violation every day

such violation continues may be deemed a separate violation. Such civil

penalty may be assessed in addition to any other penalty provided by law.

Any civil penalty assessed pursuant to this subsection is subject to review in

accordance with the act for judicial review and civil enforcement of agency

actions.

(4) Any manufacturer, importer, jobber, firm, association, corporation

or person who shall violate any of the provisions of article 10 of chapter 2

of the Kansas Statutes Annotated and amendments thereto or the rules and

regulations adopted, in a willful or wanton manner shall be guilty of a class

A, nonperson misdemeanor, and upon conviction thereof shall be fined not

more than $100 for the first violation and not less than $100 nor more than

$500 for each subsequent violation.

(4) (5) Any commercial feeding stuffs misbranded or adulterated or

containing or suspected of containing any substance or substances injurious

to public health or the health of livestock, poultry or pets or which is offered

or exposed for sale in violation of any of the provisions of article 10 of chapter

2 of the Kansas Statutes Annotated and amendments thereto shall be subject

to seizure and may be condemned, disposed of or sold as the court may

direct. The proceeds from any such sale, and all penalties recovered shall

be deposited with the state treasurer in the commercial feeding stuffs fee

fund. The court may in its discretion release the feeding stuffs so seized

when the requirements of the law have been complied with, and upon

payment of all costs and expenses incurred by the state in any proceedings

connected with such seizure. The seizure proceedings as provided in K.S.A.

41-805 and amendments thereto, shall be followed. in place until such time

that the final disposition of the affected feeding stuffs has been determined

by sampling and analysis. Within 30 days of seizure in place, upon verifi-

cation that the suspected feeding stuffs are misbranded, adulterated or con-

tain a substance or substances that may be injurious to public health or the

health of livestock, poultry or pets, the secretary shall issue an order estab-

lishing measures to prevent further contamination or the threat to public or

animal health. The opportunity for hearing pursuant to the Kansas admin-

istrative procedure act shall be provided upon issuance of the order. The

secretary may order the destruction of contaminated feeding stuffs if no

alternative assures that further contamination or health hazards are averted,

and may be imposed in addition to any other penalty established by law.

The district courts of the state of Kansas shall have jurisdiction to restrain

violations of this act by injunction.

Sec. 3. K.S.A. 2000 Supp. 2-1008 and 2-1011 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 2, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001