SENATE BILL No. 437
dealers; certain agriculture commodities; amending K.S.A. 2-2112, 2-2113, 2-2114, 2-
2115, 2-2116, 2-2117, 2-2118, 2-2120, 2-2122, 2-2123, 2-2124, 2-2125, 2-2126, 2-2128
and 2-2129 and K.S.A. 2001 Supp. 65-688 and repealing the existing sections; also re-
pealing K.S.A. 2-411, 2-412, 2-413, 2-414, 2-415, 2-417, 2-418, 2-422, 2-422a, 2-424, 2-
Section 1. K.S.A. 2-2112 is hereby amended to read as follows: 2-
2112. This act shall be known as the ``plant pest and agriculture com-
modity certification act.'' The authority to regulate plant pests, live plant
dealers, plants and plant products and commodity certification in Kansas
is vested exclusively with the secretary of agriculture.
Sec. 2. K.S.A. 2-2113 is hereby amended to read as follows: 2-2113.
As used in the plant pest this act, the following terms shall have the
(a) ``Plant pests'' shall include include any stage of development of
any insect, nematode, arachnid, or any other invertebrate animal, or any
bacteria, fungus, virus, weed or any other parasitic plant or microorgan-
ism, which can injure plants or plant products.
(b) ``Board'' means the state board of agriculture.
(c) ``Secretary'' means the secretary of the state board Kansas de-
partment of agriculture, or the authorized representative of the board or
(d) (c) ``Plants and plant products'' means trees, shrubs, grasses, vines,
forage and cereal plants and all other plants; cuttings, grafts, scions, buds
and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds,
wood, lumber, grains and all other plant products.
(e) ``Nursery stock'' means any wild or cultivated trees, shrubs,
grasses, vines, and cuttings, grafts, scions, buds, and other parts of such
plants grown or kept for propagation.
(f) ``Nursery'' (d) ``Location'' means any grounds or premises on or
in which nursery stock is live plants are propagated, or grown, or from
which nursery stock is live plants are removed for sale, or any grounds or
premises on or in which nursery stock is live plants are being fumigated,
treated, packed, stored, or offered for sale.
(g) ``Nurseryman'' means any person who owns, leases, manages, or
is in charge of a nursery.
(h) ``Dealer'' (e) ``Live plant dealer'' means any person not a grower
of nursery stock who procures nursery stock for the purpose of sale or
distribution independent of any control of the nurseryman, unless ex-
cluded by rules and regulations of the secretary, who:
(1) Grows live plants for sale or distribution;
(2) buys or obtains live plants for the purpose of reselling or reship-
ping within this state;
(3) plants, transplants or moves live plants from place to place within
the state with the intent to plant such live plants for others and receives
compensation for the live plants, for the planting of such live plants or
for both live plants and plantings; or
(4) gives live plants as a premium or for advertising purposes.
(i) ``Agent'' means any person selling nursery stock under the partial
or full control of a nurseryman, or a dealer.
(j) (f) ``Person'' means a corporation, company, society, association,
partnership, governmental agency and any individual or combination of
(k) (g) ``Permit'' means a document issued or authorized by the sec-
retary to provide for the movement of regulated articles to restricted
destinations for limited handling, utilization, or processing.
(l) (h) ``Host'' means any plant or plant product upon which a plant
pest is dependent for completion of any portion of its life cycle.
(m) (i) ``Regulated article'' means any host or any article of any char-
acter as described in a quarantine or regulation carrying or being capable
of carrying the plant pest against which the quarantine or regulation is
(j) ``Live plant'' means any living plant, cultivated or wild, or any
part thereof that can be planted or propagated unless specifically ex-
empted by the rules or regulations of the secretary.
(k) ``Quarantine pest'' means a pest of potential economic importance
to the area endangered thereby and not yet present there, or present but
not widely distributed and being officially controlled.
(l) ``Regulated nonquarantine pest'' means a nonquarantine pest
whose presence in plants for planting affects the intended use of those
plants with an economically unacceptable impact and which is therefore
(m) ``Official control'' means the active enforcement of mandatory
phystosanitary regulations and the application of mandatory phystosan-
itary procedures with the objective of eradication or containment of quar-
antine pests or for the management of regulated nonquarantine pest.
(n) ``Regulated area'' means an area into which, within which and/or
from which plants, plant products and other regulated articles are sub-
jected to phystosanitary regulations or procedures in order to prevent the
introduction and/or spread, or both, of quarantine pests or to limit the
economic impact of regulated nonquarantine pests.
(o) ``Bee'' means a honey-producing insect of the genus Apis including
all life stages of the insect.
(p) ``Beekeeping equipment'' means all hives, supers, frames or other
devices used in the rearing or manipulation of bees or their brood.
(q) ``Bee pest'' means any infectious, contagious or communicable dis-
ease or harmful parasite or insects affecting honey bees or their brood.
Sec. 3. K.S.A. 2-2114 is hereby amended to read as follows: 2-2114.
The secretary, either independently, or in cooperation with counties, cit-
ies, other political subdivisions of the state, federal agencies, agencies of
other states or private entities may enter into contracts and agreements
and may carry out official control operations or measures to locate, and
to suppress, control, eradicate, prevent, or retard the spread of, any plant
pests. The secretary is authorized to take any actions necessary and con-
venient for the state to become a party to and participate as a member
of the interstate pest control compact.
Sec. 4. K.S.A. 2-2115 is hereby amended to read as follows: 2-2115.
To effectuate the purposes of this act, the secretary shall have the right
to enter and inspect any property in this state, except private residences
dwellings; or, to stop and inspect any means of conveyance moving within
this state, upon probable cause to believe it contains or carries any plant
pest or other article subject to this act.
Sec. 5. K.S.A. 2-2116 is hereby amended to read as follows: 2-2116.
Wherever the secretary finds a plant or, 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,
upon giving notice to the owner or an agent of the owner in possession
thereof, may seize, quarantine, treat, or otherwise dispose of such plant
pest in such manner as the secretary deems necessary to suppress, control,
eradicate, or prevent or retard the spread of said such plant pest, or the
secretary may order such owner or agent to so treat or otherwise dispose
of the said such plant pest.
Sec. 6. K.S.A. 2-2117 is hereby amended to read as follows: 2-2117.
The secretary is authorized to quarantine this state or any portion thereof
when he or she shall determine the secretary determines that such action
is necessary to prevent or retard the spread of a plant pest and to quar-
antine any other state or portion thereof whenever he or she the secretary
determines that a plant pest exists therein and that such action is neces-
sary to prevent or retard its spread into this state. Before promulgating
the determination that a quarantine is necessary, the secretary shall, after
due notice to interested parties, shall hold a public hearing at which any
interested party may appear and be heard either in person or by attorney:
Provided,. The secretary may impose a temporary quarantine for a period
not to exceed ninety (90) 90 days during which time a public hearing, as
provided herein in this section, shall be held if it appears that a quarantine
for more than the ninety (90) day 90-day period will be necessary to
prevent or retard the spread of the plant pest. The secretary may limit
the application of the quarantine to the infested portion of the quaran-
tined area and appropriate environs, to be known as the regulated area,
and may, without further hearing, may extend the regulated area to in-
clude additional portions of the quarantined area. Following the estab-
lishment of the quarantine, no person shall move the plant pest against
which the quarantine is established or move any regulated article de-
scribed in the quarantine, within, from, into or through this state contrary
to the quarantine promulgated by the secretary. The quarantine may re-
strict the movement of the plant pest and any regulated articles from the
quarantined or regulated area in this state into or through other parts of
this state or other states and from the quarantined or regulated area in
other states into or through this state, and. The secretary shall impose
such inspection, disinfection, certification or permit and other require-
ments as the secretary shall deem necessary to effectuate the purposes
of this act. The secretary is authorized to establish regulations defining
pest freedom standards for live plants, plants and plant products or other
regulated articles that pose risk of moving plant pests that may cause
economic or environmental harm.
Sec. 7. K.S.A. 2-2118 is hereby amended to read as follows: 2-2118.
(a) The secretary shall inspect or cause to be inspected all nurseries in
the state at least once each year. If upon inspection of any nursery it
appears that such nursery and its premises are apparently free from plant
pests, the secretary shall issue to the owner or the person in charge of
such nursery a certificate setting forth the facts of such inspection. Before
such certificate is issued the nurseryperson shall pay a certificate fee plus
an inspection fee assessed on the basis of a dollar amount for each acre
or fraction thereof of nursery stock inspected, which fees shall be fixed
by rules and regulations adopted by the secretary, except that the certif-
icate fee shall not exceed $30 and the inspection fee shall not exceed an
amount assessed on the basis of $5 for each acre or fraction thereof of
nursery stock inspected. The nursery certificate fee and the rate of as-
sessment for the inspection fee which are in effect on the day preceding
the effective date of this act shall continue in effect until the secretary
adopts rules and regulations fixing a different fee therefor under this
(b) Such certificate shall be valid until the first day of September of
the year of issuance, except where the inspection is made after the first
day of May the certificate shall be valid until the first day of September
of the following year, unless sooner revoked.
(c) Any person who is not a nurseryperson but who owns or possesses
plants or plant products which such person wishes to have inspected or
who owns or possesses plants or plant products which such person wishes
to ship into another state or country, may request that the secretary in-
spect such plant or plant products with reference to the presence of any
plant pests or with reference to the presence of plant pests likely to pre-
vent the acceptance of such plants or plant products in such other state
or country. The secretary may comply with such request as soon as it is
conveniently practicable and shall issue a certificate setting forth the facts
of the inspection. The secretary shall charge and collect fees for such
inspection and certificate which shall be fixed by rules and regulations
adopted by the secretary so that the fee is the larger of the amount de-
termined on a rate per hour plus the mileage expenses incurred by the
inspector, which shall be at the mileage allowance rate prescribed by rules
and regulations adopted under K.S.A. 75-3203a, and amendments
thereto, or a dollar amount plus an amount per certificate, except that
such fees and amounts shall not exceed fees at the rates of $30 per hour
plus such mileage expenses incurred by the inspector or $50 plus $50 per
certificate, whichever is the larger amount. 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 interstate or internationally. Upon payment of the
appropriate fee as established by rule and regulation and as inspection
personnel are available, the inspection shall be conducted and a report or
certificate setting forth the inspection results shall be issued if requested.
Inspection fees shall not exceed $30 per hour. Mileage incurred shall also
be paid by the person requesting the inspection at the rate established by
regulation. If certificate is requested an additional fee not to exceed $50
shall be assessed. The fees for such inspection and certificate in effect on
the day preceding the effective date of this act shall continue in effect
until the secretary adopts rules and regulations fixing a different fee there-
for under this subsection except that on and after July 1, 1996, the cer-
tificate fee shall be $5 for certificates issued for plant and plant products
shipped into another state and $20 for plants and plant products shipped
into another country until the secretary adopts rules and regulations fixing
a different fee therefor under this subsection. In any case where any
intended receiving state or country requires or authorizes the certification
of nursery stock, plants or plant products, bees or beekeeping equipment
or other regulated articles to be based on origin, special handling, treat-
ment or any other procedure in addition to or in lieu of actual visual
inspection of such nursery stock, plants or plant products articles, the
secretary may provide such certification. The secretary may refuse to per-
form any inspection if the regulated article to be inspected is found to be
in such condition that it cannot be adequately inspected or the environs
in which the regulated article is located present a danger to the health
and safety of the inspection personnel.
Sec. 8. K.S.A. 2-2120 is hereby amended to read as follows: 2-2120.
Every live plant dealer shall, before selling or offering for sale or deliv-
ering any nursery stock live plants in this state, shall procure from the
secretary a nursery live plant dealer's license for each location and vehicle
from which the live plant dealer offers such nursery stock live plants for
sale. Application for such license shall be made on a form furnished by
the secretary, and the fee for each application shall be fixed by rules and
regulations adopted by the board secretary, except that such fee shall not
exceed $50 $60, and shall not apply to live plant dealers whose total
annual retail live plant sales are less than $10,000. The application fee in
effect on the day preceding the effective date of this act shall continue
in effect until the board secretary adopts rules and regulations fixing a
different application fee under this section. The dealer's license shall ex-
pire on December January 31, following date of issue, except that all
valid certificates of nursery inspection and nursery dealer licenses issued
by the secretary that are scheduled to expire in 2002 shall remain valid
until January 31, 2003. The dealer shall sell only nursery stock which has
been inspected and certified A live plant dealer may sell only live plants
which are in compliance with all quarantines and regulated nonquaran-
tine pest freedom standards established by the secretary, or which has
come to the dealer live plants accompanied by a valid certificate of in-
spection of a federal inspector or inspector of another state, stating that
such stock was inspected and is apparently free from plant pests live
plants comply with all applicable quarantines and regulated nonquaran-
tine pest freedom standards. Except where restricted by a quarantine, live
plants transplanted on one contiguous property are exempt from the pro-
visions of this act.
Sec. 9. K.S.A. 2-2122 is hereby amended to read as follows: 2-2122.
If it is found that any nursery certificate or nursery live plant dealer
license issued or approved by the secretary is being used in connection
with nursery stock which has not been inspected, or which is infested
with plant pests, or which is being sold and delivered without treatment
live plants which do not meet the quarantines and regulated nonquar-
antine pest freedom standards established by the secretary, or other pre-
cautionary measures prescribed by the secretary under the provisions of
K.S.A. 2-2119 this act and amendments thereto being carried out by the
nurseryman, or if it is found that any nursery certificate or nursery live
plant dealer's license is being used by a person other than the one to
whom it was issued, the secretary may require the owner of the certificate
or license to appear for a hearing, on a specified date, to be conducted
in accordance with the provisions of the Kansas administrative procedure
act to show cause why the certificate or license should not be revoked.
If, after such hearing, the secretary finds that such certificate or license
has been wrongfully used in one or more of the ways specified in this
section, or if the owner of such certificate or license fails to appear at
such hearing, the secretary may issue an order revoking such certificate
Sec. 10. K.S.A. 2-2123 is hereby amended to read as follows: 2-2123.
It shall be unlawful to deliver, transport or ship into or within this state
nursery stock which has not been inspected in accordance live plants or
other regulated articles which are not in compliance with the provisions
of this act. Any such nursery stock live plants intended for resale and any
such nursery stock live plants transported by public carrier shall have
attached to each quantity or package a tag or label on which shall appear
a copy of a valid certificate of inspection document issued by the proper
official of the state, territory, district or country from which it was
shipped, sent, or brought showing that such nursery stock was found free
from plant pests. Nursery stock live plants are in compliance with Kansas
quarantines and regulated nonquarantine pest freedom standards. Live
plants brought into the state under an inspection certificate a document,
as above required by this section, may be sold and moved under the
certificate or license of a Kansas nurseryman or Kansas nursery dealer,
but a valid Kansas live plant dealer license, and this shall not preclude
inspection by the secretary at any time within the state. Electronic or mail
order sales of live plants are subject to the provisions of this act. All
regulated articles shipped or moved into Kansas shall be accompanied by
valid documentation issued by the proper official of the state, territory,
district or county from which it was shipped or moved showing that the
regulated article is in compliance with Kansas quarantines or pest freedom
standards, or both, established for such article.
Sec. 11. K.S.A. 2-2124 is hereby amended to read as follows: 2-2124.
It shall be a violation of this act for any person:
(a) To 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 obtaining approval for such shipment from the secre-
(b) to hinder or prevent the secretary from carrying out his or her
duties under this act;
(c) to fail to carry out the treatment or destruction of any plant pest
or regulated article in accordance with official notification from the sec-
(d) to sell, transport, deliver, distribute, or offer or expose for sale
nursery stock which has not been inspected and which is not covered by
a valid certificate of inspection live plants which are not in compliance
with the provisions of this act;
(e) to use an invalid or revoked certificate of inspection, or dealers
live plant dealer license, in the sale or distribution of nursery stock live
(f) to sell, offer or expose for sale, or distribute nursery stock which
does not have attached thereto a shipping tag or label bearing a copy of
the certificate of inspection as is required by K.S.A. 2-2123;
(g) to sell, offer or expose for sale or deliver any nursery stock without
having a current nursery certificate or license as a nursery dealer;
(h) to fail to comply with any of the provisions of this act, or the rules
and regulations promulgated hereunder; and
(i) (g) to knowingly move any regulated article into this state from a
quarantined area of any other state when such article has not been treated
or handled as provided by the requirements of said quarantine at the
point of origin of such article.
Sec. 12. K.S.A. 2-2125 is hereby amended to read as follows: 2-2125.
(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 twenty-five dollars ($25) $25 nor more than five hundred
dollars ($500) $500.
(b) The secretary may assess a civil penalty against any person who
violates or fails to comply with the requirements of this act of not less
than $100 nor more than $1,000 per offense. In the case of a continuing
offense, each day the violation continues may be deemed a separate vio-
lation. Such civil penalty may be assessed in addition to any other penalty
provided by law. Such assessment shall be made in accordance with the
Kansas administrative procedure act.
Sec. 13. K.S.A. 2-2126 is hereby amended to read as follows: 2-2126.
The secretary shall promulgate, amend and repeal such rules and regu-
lations as, in the discretion of the secretary, are necessary for the efficient
execution of the provisions of the plant pest this act.
Sec. 14. K.S.A. 2-2128 is hereby amended to read as follows: 2-2128.
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 provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury
to the credit of the entomology fee fund. All expenditures from such fund
shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the secretary of the state board of agriculture or by a person or persons
designated by the secretary.
Sec. 15. K.S.A. 2-2129 is hereby amended to read as follows: 2-2129.
(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 nursery dealer or nursery certificate holder live plant
dealer under article 21 of chapter 2 of the Kansas Statutes Annotated.
The additional fee shall be fixed by rule and regulation promulgated by
the secretary of agriculture, except that such additional fee shall not ex-
ceed $5 annually on each nursery dealer and nursery certificate holder
live plant dealer license. The secretary is authorized and empowered to
collect the fees provided in this section. When the total amount of fees
deposited in the fund is equal to or exceeds $15,000, the secretary shall
not collect any such fees as provided in this section. When expenditures
made from the fund result in the total amount of the fees deposited in
the fund to be less than $15,000, the secretary may resume the assessment
and collection of such fees as provided in this section.
(b) The secretary is authorized and empowered to make expenditures
from the plant pest emergency response fund and that in the discretion
of the secretary mitigate pests that have been identified by the secretary
as high risk pests having the potential to damage agriculture, horticulture
or the environment. Such expenditures may include the costs of enforce-
ment to protect against high risk pests identified by the secretary. All
expenditures from such fund shall be made in accordance with appro-
priation acts upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the secretary or by a designee of the
(c) The plant pest emergency response fund shall be a fund separate
and distinct from the entomology fee fund referred to in K.S.A. 2-2128,
and amendments thereto.
(d) The provisions of this section shall be part of and supplemental
to the plant pest this act.
Sec. 16. K.S.A. 2001 Supp. 65-688 is hereby amended to read as
follows: 65-688. (a) As used in sections 2 through 4 this section and K.S.A.
2001 Supp. 65-689, and amendments thereto:
(1) ``Retail food store'' means any establishment or section of an es-
tablishment where food and food products are offered to the consumer
and intended for off-premises consumption. The term includes delica-
tessens that offer prepared food in bulk quantities only. The term does
not include roadside markets that offer only fresh fruits and vegetables
for sale, food service establishments or food and beverage vending ma-
chines, or any plant which is registered by the department of agriculture
under article 7 of chapter 65 of the Kansas Statutes Annotated or which
is licensed by the department of agriculture under article 6a of chapter
65 of the Kansas Statutes Annotated.
(2) ``Food processing plant'' means a commercial operation that man-
ufactures, packages, labels or stores food for human consumption and
does not provide food directly to the consumer. ``Food processing plant''
shall not include any operation or individual beekeeper that produces or
stores honey who does not process or offer the honey for sale at retail, or
any plant which is registered by the department of agriculture under
article 7 of chapter 65 of the Kansas Statutes Annotated or which is li-
censed by the department of agriculture under article 6a of chapter 65 of
the Kansas Statutes Annotated.
(3) ``Secretary'' means the secretary of health and environment.
(b) In order to reimburse the state of Kansas for inspections by the
secretary of health and environment of retail food stores and food proc-
essing plants, the secretary of health and environment shall adopt rules
and regulations establishing a graduated inspection fee schedule to cover
all of the cost of inspection of retail food stores and food processing plants
which shall not exceed $200 per calendar year for each retail food store
and food processing plant location. Whenever the secretary determines
that the total amount of revenue derived from the fees collected pursuant
to this section are insufficient to carry out the purposes for which the fees
are collected, the secretary may amend such rules and regulations to
increase the amount of the fee or fees, except that the amount of any fee
shall not exceed the maximum amount authorized by this subsection.
Whenever the amount of fees collected pursuant to this subsection pro-
vides revenue in excess of the amount necessary to carry out the purposes
for which such fees are collected, it shall be the duty of the secretary to
decrease the amount of the fees prescribed for retail food stores or food
processing plants by amending the rules and regulations which fix the
fees, as the case may be.
(c) All moneys received as fees under this section shall be remitted
to the state treasurer at least monthly. Upon receipt of each such remit-
tance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the food inspection fee fund.
(d) The secretary of health and environment shall adopt rules and
regulations necessary to carry out the provisions of this section.
Sec. 17. K.S.A. 2-411, 2-412, 2-413, 2-414, 2-415, 2-417, 2-418, 2-
422, 2-422a, 2-424, 2-426, 2-427, 2-428, 2-2112, 2-2113, 2-2114, 2-2115,
2-2116, 2-2117, 2-2118, 2-2119, 2-2120, 2-2121, 2-2122, 2-2123, 2-2124,
2-2125, 2-2126, 2-2128 and 2-2129 and K.S.A. 2001 Supp. 65-688 are
Sec. 18. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 24, 2002.
Date Composed: 10/10/2002 Date Modified: 10/10/2002