Session Law

Identifying Information:L. 2002 ch. 181
Other Identifying Information:2002 Senate Bill 438
Tax Type:Other
Brief Description:An Act concerning agriculture; relating to powers, duties and responsibilities of secretary of agriculture; fees and penalties; amending K.S.A. 2-1205, 2-2204, 2-2440, 2-2440b, 2- 2441a, 2-2443a, 2-2445a, 2-2805, 2-2806, 2-2905, 2-2906, 2-3304, 2-3306, 2-3318 and 82a-727 and K.S.A. 2001 Supp. 65-771, 65-775, 65-778, 65-781, 65-782, 65-789, 82a- 708a, 82a-708b, 82a-714, 83-302 and 83-402 and repealing the existing sections.
Keywords:


Body:

CHAPTER 181

SENATE BILL No. 438


An Act concerning agriculture; relating to powers, duties and responsibilities of secretary

of agriculture; fees and penalties; amending K.S.A. 2-1205, 2-2204, 2-2440, 2-2440b, 2-

2441a, 2-2443a, 2-2445a, 2-2805, 2-2806, 2-2905, 2-2906, 2-3304, 2-3306, 2-3318 and

82a-727 and K.S.A. 2001 Supp. 65-771, 65-775, 65-778, 65-781, 65-782, 65-789, 82a-


708a, 82a-708b, 82a-714, 83-302 and 83-402 and repealing the existing sections.


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

Section 1. K.S.A. 2-1205 is hereby amended to read as follows: 2-

1205. An inspection fee shall be collected upon all commercial fertilizers

sold, offered or exposed for sale, or distributed in Kansas, which shall be

at a rate per ton of 2,000 pounds fixed by rules and regulations adopted

by the secretary of agriculture, except that such rate shall not exceed $1.67

per ton of 2,000 pounds. The secretary of agriculture may adopt rules

and regulations establishing the inspection fee rate under this section.

Each person registering any commercial fertilizer shall pay the inspection

fee on such commercial fertilizer sold, offered or exposed for sale, or

distributed in Kansas, and. Each such person shall keep adequate records

showing the tonnage of each commercial fertilizer shipped to or sold,

offered or exposed for sale, or distributed in Kansas, and. The secretary,

and duly authorized representatives of the secretary, shall have authority

to examine such records and other pertinent records necessary to verify

the statement of tonnage.

Each person registering any commercial fertilizer shall file an affidavit

semiannually, with the secretary, within 30 days after each January 1 and

each July 1, showing the tonnage of commercial fertilizer sold or distrib-

uted in Kansas for the preceding six-month period, and. Each such person

shall pay to the secretary the inspection fee due thereon for such six-

month period, except that the registrant shall not be required to pay the

inspection fee or report the tonnage of commercial fertilizers or fertilizer

materials sold and shipped directly to fertilizer manufacturers or mixers,

but. The fertilizer manufacturers or mixers shall keep adequate records

of the commercial fertilizers sold or distributed in this state, and report

to the secretary the tonnage thereof and pay the inspection fee due

thereon. If the affidavit is not filed and the inspection fee is not paid

within the thirty-day 30-day period, or if the report of tonnage is false,

the secretary may revoke the registrations filed by such person; and. If

the affidavit is not filed and the inspection fee is not paid within the thirty-

day 30-day period, or any extension thereof granted by the secretary, a

penalty of $5 per day, or commencing on July 1, 2002, and ending on

June 30, 2005, a penalty of $5 $10 per day shall be assessed against the

registrant and the inspection fee and penalty shall constitute a debt and

become the basis for a judgment against such person. The secretary may

grant a reasonable extension of time.

The secretary of the department of agriculture is hereby authorized

and empowered to reduce the inspection fee by adopting rules and reg-

ulations under this section whenever it shall determine the secretary de-

termines that the inspection fee is yielding more than is necessary for the

purpose of administering the provisions of this act as listed below and the

plant pest act, and. The secretary is hereby authorized and empowered

to increase the inspection fee by adopting rules and regulations under

this section when it finds that such is necessary to produce sufficient

revenues for the purposes of administering the provisions of this act, but

except that the inspection fee shall not be increased in excess of the max-

imum fee prescribed by this section. The secretary shall remit all moneys

received by or for the secretary under article 12 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 and shall credit such re-

mittance as follows: (1) An amount equal to $1.40 per ton shall be credited

to the state water plan fund created by K.S.A. 82a-951, and amendments

thereto; (2) an amount equal to $.04 per ton shall be credited to the

fertilizer research fund; and (3) commencing July 1, 2002, and ending on

June 30, 2005, an amount equal to $.05 per ton shall be credited to the

fertilizer and pesticide compliance and administration fund; and (4) the

remainder shall be credited to the fertilizer fee fund. On and after July

1, 2000, through June 30, 2002, an amount not to exceed $35,000 per

year may be used to fund plant pest activities. All expenditures from the

fertilizer fee 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 department of agriculture or

by a person or persons designated by the secretary.

Sec. 2. K.S.A. 2-2204 is hereby amended to read as follows: 2-2204.

(a) Every agricultural chemical which 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 registered in the office of the secretary. All

registration of products shall expire on December 31 following the date

of issuance, unless such registration shall be renewed annually, in which

event expiration date shall be extended for each year of renewal registra-

tion, or until otherwise terminated. Products which have the same for-

mula, and are manufactured by the same person, the labeling of which

contains the same claims, and the labels of which bear a designation

identifying the product as the same agricultural chemical may be regis-

tered as a single product and additional names and labels shall be added

by supplement statements during the current period of registration.

Within the discretion of the secretary, or an authorized representative of

the secretary, a change in the labeling or formulas of an agricultural chem-

ical may be made within the current period of registration without re-

quiring a reregistration of the product. Any agricultural chemical im-

ported into this state which is subject to the provisions of any federal act

providing for the registration and which has been duly registered under

the provisions of such federal act, in the discretion of the secretary, may

be exempted from registration under this act when such agricultural

chemical is sold or distributed in the unbroken immediate container in

which such agricultural chemical was originally shipped.

(b) The registrant shall file with the secretary, a statement including:

(1) The name and address of the registrant and the name and address of

the person whose name will appear on the label if other than the regis-

trant; (2) the name of the agricultural chemical; (3) a complete copy of

the labeling accompanying the agricultural chemical and a statement of

all claims made and to be made for it and a statement of directions for

use; and (4) if requested by the secretary, or an authorized representative

of the secretary, a full description of the tests made and the results thereof

upon which the claims are based. In the case of renewal of registration,

a statement shall be required only with respect to information which is

different from that furnished when the product was registered or last

reregistered.

(c) The registrant shall pay an annual fee fixed by rules and regula-

tions adopted by the state board secretary of agriculture, except that such

fee shall not exceed $130, or commencing July 1, 2002, and ending on

June 30, 2005, such fee shall not exceed $130 $150 for each agricultural

chemical registered. Such fee shall be deposited in the state treasury and

credited as follows: (1) An amount equal to $100 for each fee so deposited

shall be credited to the state water plan fund created by K.S.A. 82a-951,

and amendments thereto; and (2) the remainder shall be credited to the

agricultural chemical fee fund to be used for carrying out the provisions

of this act. The annual fee for each agricultural chemical registered which

is in effect on the day preceding the effective date of this act shall con-

tinue in effect until the state board secretary of agriculture adopts rules

and regulations fixing a different fee therefor under this subsection. The

state board secretary of agriculture is hereby authorized and empowered,

whenever it determines that the fee imposed by this subsection and paid

into the state treasury as provided by law is yielding more revenue than

is required for the purposes to which such fee is devoted by law, to reduce

the fee imposed by this subsection for such period as the board secretary

shall deem justified by adopting rules and regulations under this subsec-

tion but not for less than one year. In the event that the board secretary,

after reducing such fee, finds that sufficient revenues are not being pro-

duced by such reduced fee, the board secretary is authorized and em-

powered by adopting rules and regulations under this subsection, to re-

store in full or in part such fee to an amount which, in the judgment of

the board secretary, will produce sufficient revenues for the purposes as

provided in this section, but not exceeding the maximum amount of the

fee imposed by this subsection.

(d) The secretary, or an authorized representative of the secretary,

whenever it is deemed essential in the administration of this act, may

require the submission of the complete formula of any agricultural chem-

ical. If it appears to the secretary, or an authorized representative of the

secretary, that the composition of the product is such as to warrant the

proposed claims for the product and if the product and its labeling and

other material required to be submitted comply with the requirements

of this act, the secretary shall register the product.

(e) If it does not appear to the secretary, or an authorized represen-

tative of the secretary, that the product is such as to warrant the proposed

claims for it or if the product and its labeling and other material required

to be submitted do not comply with the provisions of this act, the secretary

shall notify the registrant of the manner in which the product, labeling,

or other material required to be submitted fail to comply with the act so

as to afford the registrant an opportunity to make the necessary correc-

tions.

(f) In order to protect the public, the secretary, or a duly authorized

representative of the secretary, on the secretary's own motion, may at any

time, after written notice to the registrant, cancel the registration of an

agricultural chemical. Any person so notified shall be given an opportunity

for a hearing in accordance with the provisions of the Kansas administra-

tive procedure act with regard to the secretary's contemplated action,

before any registration is canceled or revoked.

(g) Notwithstanding any other provisions of this act, registration is

not required in the case of an agricultural chemical shipped from one

plant within this state to another plant within this state operated by the

same person.

Sec. 3. K.S.A. 2-2440 is hereby amended to read as follows: 2-2440.

(a) Subject to the provisions of subsection (d), it is unlawful for any pes-

ticide business which has not been issued a pesticide business license to:

(1) Advertise, offer for sale, sell or perform any service for the control

of a pest on the property of another or apply a pesticide to the property

of another within this state; or

(2) perform any service for the control of a pest or apply any pesticide

on or at the premises of another person under any commission, division

of receipts or subcontracting arrangement with a licensed pesticide busi-

ness.

Nothing in this subsection shall be construed to require the licensing

of any person applying restricted use pesticides to the property of another

as a certified private applicator or under the supervision of a certified

private applicator.

(b) Application for a pesticide business license or renewal shall be

made in writing to the secretary on a designated form obtained from the

secretary's office and shall be accompanied by an application fee per

category in which the licensee applies, and an additional fee for each

uncertified individual employed by the applicant to apply pesticides. On

and after the effective date of this act through June 30, 1999 The appli-

cation fee per category shall be $112, or commencing July 1, 2002, and

ending June 30, 2005, the application fee per category shall be $112 $140

per category in which the licensee applies. On and after July 1, 1999, the

application fee per category shall be $100 per category in which the li-

cense applies. An additional fee of $10, or commencing July 1, 2002, and

ending June 30, 2005, an additional fee of $10 $15 shall be paid for each

uncertified individual employed by the applicant to apply pesticides. The

application fee per category and the additional fee for each uncertified

employee in effect on the day preceding the effective date of this act shall

continue in effect until the state board secretary of agriculture adopts

rules and regulations fixing a different fee therefor under this subsection.

Any uncertified individual employed for a period of more than 10 days

in a 30-day period or for five consecutive days by a licensee to apply

pesticides subsequent to such application shall be reported to the secre-

tary within 30 days of such employee's hiring and the fee shall be paid at

that time. Each application shall also include the following:

(1) The business name of the person applying for such license or

renewal;

(2) if the applicant is an individual, receiver, trustee, representative,

agent, firm, partnership, association, corporation or other organized

group of persons, whether or not incorporated, the full name of each

owner of the firm or partnership or the names of the officers of the

association, corporation or group;

(3) the principal business address of the applicant in the state and

elsewhere; and

(4) any other information the secretary, by rules and regulations,

deems necessary for the administration of this act.

(c) The secretary may issue a pesticide business license to apply pes-

ticides in categories for which an applicant has applied if the applicant

files the bond, insurance, letter of credit or proof of an escrow account

as required under K.S.A. 2-2448, and amendments thereto, satisfies the

requirements of subsection (b), and pays the required fees. Such license

shall expire at the end of the calendar year for which it is issued unless it

has been revoked or suspended prior thereto. If a license is not issued as

applied for, the secretary shall inform the applicant in writing of the

reasons therefor.

(d) The following persons shall be exempted from the licensing

requirements of this act:

(1) State or federal personnel using pesticides or pest control services

while engaged in pesticide use research;

(2) veterinarians or physicians using pesticides as a part of their pro-

fessional services; and

(3) any person or such person's employee who applies pesticides on

or at premises owned, leased or operated by such person.

(e) Subject to the provisions of subsection (d), it is unlawful for any

governmental agency which has not been issued a government agency

registration to apply pesticides within this state. Application for govern-

ment agency registration shall be made in writing to the secretary on a

designated form obtained from the secretary's office and shall be accom-

panied by a fee fixed by rules and regulations adopted by the state board

secretary of agriculture, except that such fee shall not exceed $35, or

commencing July 1, 2002, and ending June 30, 2005, such fee shall not

exceed $35 $50. The governmental agency registration fee in effect on

the day preceding the effective date of this act shall continue in effect

until the state board secretary of agriculture adopts rules and regulations

fixing a different fee therefor under this subsection. No fee shall be re-

quired of any township located within a county which has previously ap-

plied for and received government agency registration. Each application

for registration shall contain information including, but not limited to:

(1) The name of the government agency;

(2) the mailing address of the applicant;

(3) the name and mailing address of the person who heads such

agency and who is authorized to receive correspondence and legal papers.

Such person shall be: (A) The mayor or city manager for municipalities,;

(B) the chairperson of the board of county commissioners for counties,;

(C) the township trustee for townships; or (D) any person designated by

any other governmental agency; and

(4) any other information the secretary, by rules and regulations,

deems necessary for the administration of this act.

(f) If the secretary finds the application to be sufficient, the secretary

shall issue a government agency registration. The government agency is

not required to furnish a surety bond under this act. Such government

agency registration shall expire at the end of the calendar year for which

it is issued unless it has been revoked or suspended prior thereto. If a

registration is not issued as applied for, the secretary shall inform the

applicant in writing of the reasons therefor.

(g) A pesticide business license or government agency registration

may be renewed by meeting the same requirements as for a new license

or registration. Neither the pesticide business license nor the government

agency registration shall be transferable, except that, in the event of the

disability, incapacity or death of the owner, manager or legal agent of a

pesticide business licensee, a permit may be issued by the secretary to

permit the operation of such business until the expiration period of the

license in effect at the time of such disability, incapacity or death if the

applicant therefor can show that the policies and services of such business

will continue substantially as before, with due regard to protection of the

public and the environment.

(h) No pesticide business license may be issued to any person until

such person is or has in such person's employ one or more individuals

who are certified commercial applicators in each of the categories for

which the license application is made.

Sec. 4. K.S.A. 2-2440b is hereby amended to read as follows: 2-

2440b. (a) It shall be unlawful for any pesticide business licensee to apply

pesticides for the control of wood destroying pests, structural pests, or-

namental pests or turf pests unless the applicator of the pesticide is a

certified commercial applicator or is a registered pest control technician,

except that an uncertified commercial applicator may apply pesticides

when either a certified applicator or registered pest control technician is

physically present.

(b) Any such employee applying for a pest control technician regis-

tration shall file an application on a form prescribed by the secretary.

Application for such registration shall be accompanied by an application

fee established by rules and regulations adopted by the board secretary,

except that such fee shall not exceed $25, or commencing July 1, 2002,

and ending June 30, 2005, such fee shall not exceed $25 $40 and shall be

reduced (,but not below zero), by an amount equal to the additional fee

paid under subsection (b) of K.S.A. 2-2440 and amendments thereto for

such uncertified individual.

(c) If the secretary finds the applicant qualified to be a registered

pest control technician after meeting the training requirements deter-

mined by the secretary in rules and regulations, the secretary shall issue

a pest control technician registration which will expire at the end of the

calendar year.

(d) This section shall be part of and supplemental to the Kansas pes-

ticide law.

Sec. 5. K.S.A. 2-2441a is hereby amended to read as follows: 2-

2441a. No individual except the following shall use any restricted use

pesticide without a commercial applicator's certificate issued by the sec-

retary: (a) Individuals applying restricted use pesticides under a private

applicator certification;

(b) employees of a pesticide business licensee using only nonaerial

methods of applying pesticides and who work only under the supervision

of a certified commercial applicator, and. The secretary may authorize

any certified aerial applicator to apply restricted use pesticides in a cat-

egory other than one in which such applicator is certified under the su-

pervision of an applicator certified in the category in which the pesticide

is being applied during an emergency situation declared by the secretary

with the consent of the governor;

(c) veterinarians or physicians using pesticides as a part of their pro-

fessional services;

(d) qualified laboratory personnel employed by recognized pesticide

research facilities, using pesticides or pest control services while engaged

in pesticide use research; and

(e) federal employees using pesticides as a part of their employment

by a federal agency which has its own certification program which is the

full equivalent of the requirements of this state.

Such a commercial applicator's certificate shall be required in addition

to any other license or permit required by law for the operation or use

of pesticide application equipment. Any person applying for such com-

mercial applicator's certificate shall file an application on a form pre-

scribed by the secretary. Application for a certificate to apply pesticides

shall be accompanied by an application fee per category in which the

applicant applies which fee is fixed by rules and regulations adopted by

the state board secretary of agriculture, except that such fee shall not

exceed $35, or commencing July 1, 2002, and ending June 30, 2005, such

fee shall not exceed $35 $50 per category in which the applicant applies.

The commercial applicator's certificate fee in effect on the day preceding

the effective date of this act shall continue in effect until the state board

secretary of agriculture adopts rules and regulations fixing a different fee

therefor under this section. If the secretary finds the applicant qualified

to apply pesticides in the categories the applicant has applied for after

examinations on the same basis as provided for in K.S.A. 2-2443a and

amendments thereto, the secretary shall issue a commercial applicator's

certificate limited to the categories for which the applicant is qualified,

which certificate shall expire at the end of the second calendar year after

the year of issue. If a certificate is not issued as applied for, the secretary

shall inform the applicant in writing of the reasons for such denial.

Sec. 6. K.S.A. 2-2443a is hereby amended to read as follows: 2-

2443a. An applicant for a commercial applicator's certificate shall show

upon written examination that the applicant possesses adequate knowl-

edge concerning the proper use and application of pesticides in the cat-

egories for which the applicant has applied. Upon the recommendation

of the secretary, a commercial applicator who holds a current certificate

to apply pesticides commercially in any other state or political subdivision

of the United States may be exempted from examination for certification

in this state upon payment of proper fees, which. Such fees shall not be

less than any comparable fees charged by the commercial applicator's

state to Kansas certificate holders, if such state or political subdivision's

requirements for certification were the full equivalent of the require-

ments of this state at the time it was issued and if the proper authorities

of the state from which the applicant holds such commercial applicator's

certificate, or its equivalent, agree to accept on an equal basis holders of

certificates issued by the authorities of this state.

Applicants shall submit with each application an examination fee per

category in which the applicant is to be examined which fee is fixed by

rules and regulations adopted by the state board secretary of agriculture,

except that such fee shall not exceed $25, or commencing July 1, 2002,

and ending June 30, 2005, such fee shall not exceed $25 $35 per category

in which the applicant is to be examined. The examination fee in effect

on the day preceding the effective date of this act shall continue in effect

until the state board secretary of agriculture adopts rules and regulations

fixing a different fee therefor under this section. Applicants who fail to

pass the examination may reapply and take another examination upon

paying another examination fee per category in which the applicant is to

be reexamined which fee is fixed by rules and regulations adopted by the

state board secretary of agriculture, except that such fee shall not exceed

$25, or commencing July 1, 2002, and ending June 30, 2005, such fee

shall not exceed $25 $35 per category in which the applicant is to be

reexamined. The reexamination fee in effect on the day preceding the

effective date of this act shall continue in effect until the state board

secretary of agriculture adopts rules and regulations fixing a different fee

therefor under this section. The examination shall include, but is not

limited to, the following:

(a) The proper use of the equipment.

(b) The hazards that may be involved in applying the pesticides, in-

cluding:

(1) The effect of drift of the pesticides on adjacent and nearby lands

and other non-target organisms;

(2) the proper meteorological conditions for the application of pes-

ticides and the precautions to be taken therewith with such application;

(3) the effect of the pesticides on plants or animals in the area, in-

cluding the possibility of damage to plants or animals or the possibility of

illegal pesticide residues resulting on them;

(4) the effect of the application of pesticides to wildlife in the area,

including aquatic life;

(5) the identity and classification of pesticides used and the effects of

their application in particular circumstances; and

(6) the likelihood of contamination of water or injury to persons,

plants, livestock, pollinating insects and vegetation.

(c) Calculating the concentration of pesticides to be used.

(d) Identification of common pests to be controlled and damages

caused by such pests.

(e) Protective clothing and respiratory equipment for handling and

application of pesticides.

(f) General precautions to be followed in the disposal of containers

as well as the cleaning and decontamination of the equipment which the

applicant proposes to use.

(g) Applicable state and federal pesticide laws and regulations.

(h) Any other subject which the secretary deems necessary.

Sec. 7. K.S.A. 2-2445a is hereby amended to read as follows: 2-

2445a. In lieu of obtaining a commercial applicator's certificate under the

provisions of K.S.A. 2-2441a and amendments thereto, a private appli-

cator's certificate may be applied for by and issued to individuals using

restricted use pesticides for the purpose of: (a) Producing any agricultural

commodity, (1) on property owned or rented by the individual or such

individual's employer, or (2) on the property of another for no compen-

sation other than the trading of personal services between producers; or

(b) controlling ornamental shrubbery or turf pests on property owned or

rented by the individual and such property is used as the individual's

residence. Such certificates shall expire on the anniversary of the individ-

ual's date of birth occurring in the fifth calendar year following the year

of issue. The extension of the certification period from three to five years

shall apply to all individuals having a valid private applicator's certificate

on June 30, 1981. No certification shall be required hereunder for indi-

viduals operating under the supervision of a certified private applicator.

Certified private applicator certificates may be issued to individuals

who have paid:(a) A fee fixed by rules and regulations adopted by the

state board secretary of agriculture, except that such fee shall not exceed

$10, or commencing July 1, 2002, and ending June 30, 2005, such fee

shall not exceed $10, $25; and (b) who have acquired practical knowledge

of pest problems, proper storage, use, handling and disposal of pesticides

and pesticide containers, pertinent information found on the pesticide

labels, pesticide use safety and environmental considerations, either

through Kansas state university extension service educational training or

through individual study of educational materials available at county ex-

tension offices or the state board secretary of agriculture. The certified

private applicator certificate fee in effect on the day preceding the effec-

tive date of this act shall continue in effect until the state board secretary

of agriculture adopts rules and regulations fixing a different fee therefor

under this section. Individuals shall indicate adequate knowledge of the

subjects enumerated herein by passing an open-book examination ap-

proved by the secretary.

Educational materials and examination blanks shall be made available

at county extension offices and at places where extension educational

training is conducted. The examinations shall be scored by members of

the extension or secretary's staff. If an individual passes the examination

by equaling or exceeding a standard authorized by the secretary, a cer-

tified private applicator's certificate shall be issued to such individual.

Such staff member shall send a copy of the certificate issued, together

with the fee, to the secretary.

Upon the recommendation of the secretary, a certified applicator who

holds a current certificate to apply pesticides as a certified private appli-

cator in any other state or political subdivision of the United States may

be exempted from examination for private applicator certification in this

state upon payment of proper fees, which. Such fees shall not be less than

any comparable fees charged by the certified private applicator's state to

Kansas certificate holders, if such state or political subdivision's require-

ments for certification were the full equivalent of the requirements of

this state at the time it was issued and if the proper authorities of the

state from which the applicant holds such certified private applicator's

certificate, or its equivalent, agree to accept on an equal basis holders of

certificates issued by the authorities of this state.

Sec. 8. K.S.A. 2-2805 is hereby amended to read as follows: 2-2805.

Each soil amendment product shall be registered with the secretary be-

fore it is distributed in this state. Application for registration shall be

submitted to the secretary, on a form prepared for that purpose, showing

the information required on the label, as provided in K.S.A. 2-2804, and

amendments thereto, except net weight of product. The registration fee

shall be fixed by rules and regulations adopted by the state board secretary

of agriculture for each product, except that such fee shall not exceed $50,

or commencing July 1, 2002, and ending June 30, 2005, such fee shall not

exceed $50 $60 for each product. The soil amendment product registra-

tion fee in effect on the day preceding the effective date of this act shall

continue in effect until the state board secretary of agriculture adopts

rules and regulations fixing a different fee therefor under this section. All

registrations shall expire on December 31 of the year in which such soil

amendment product is registered. The applicant shall submit with the

application for registration a copy of the label and a copy of all advertise-

ments, brochures, posters and television and radio announcements to be

used in promoting the sale of the soil amendment.

Sec. 9. K.S.A. 2-2806 is hereby amended to read as follows: 2-2806.

(a) The registrant shall pay to the secretary an inspection fee of $.20, or

commencing July 1, 2002, and ending June 30, 2005, an inspection fee of

twenty cents (20) $.28 per ton on all products registered and sold in this

state, except that, in the case of manipulated animal manures, such fee

shall only be assessed on the tonnage of ingredients added to the other-

wise unmanipulated animal manures. Each registrant shall keep adequate

records of his or her such registrant's sales, and shall file with the sec-

retary, on a semiannual basis, a signed report of the tonnage distributed

by county during the preceding six month six-month periods beginning

July first to and including December thirty-first 31st and January first to

and including June thirtieth 30th. The report and payment of the inspec-

tion fee shall be due within thirty 30 days from the date of the close of

each period.

(b) If the report is not filed, if the report is false in any respect or if

the inspection fee is not paid within the thirty-day 30-day period, the

secretary may revoke the registration. A penalty of $1, or commencing

July 1, 2002, and ending June 30, 2005, a penalty of one dollar ($1) $10

per day is assessed for each day the payment is overdue until paid. The

inspection fee and the penalty shall constitute a debt and become the

basis for a judgment against the registrant which may be collected by the

secretary in any court of competent jurisdiction without prior demand.

(c) The secretary is hereby authorized to reduce the inspection fee

provided for in subsection (a) whenever he or she shall determine the

secretary determines that such inspection fee is yielding more than is

necessary for the purpose of administering the provisions of this act. The

secretary is authorized and empowered to increase such inspection fee,

or restore it such inspection fee, in full or in part, when it such inspection

fee is necessary to produce sufficient revenues for the purposes of ad-

ministering this act but not in excess of the fee herein before stated

provisions of this section.

Sec. 10. K.S.A. 2-2905 is hereby amended to read as follows: 2-2905.

Every manufacturer of liming materials to be distributed in this state shall

on July 1 of each year, or prior to manufacture or distribution of such

liming materials, register each manufacturing facility on a form furnished

by the secretary of the state board of agriculture, the application to be

accompanied by a fee of $25, or commencing July 1, 2002, and ending

June 30, 2005, a fee of twenty-five dollars ($25) $30. All such licenses

shall expire on June 30 of the following year.

Sec. 11. K.S.A. 2-2906 is hereby amended to read as follows: 2-2906.

(a) Within thirty (30) 30 days following expiration of registration, each

registrant shall submit, on a form furnished by the secretary of the state

board of agriculture, an annual statement setting forth the number of net

tons of each agricultural liming material sold by such registrant for use

within the state during the previous twelve-month 12-month period. Such

statement shall be accompanied by payment of an inspection fee which

shall be at the rate of $.05, or commencing July 1, 2002, and ending June

30, 2005, the rate of five cents (5¢ ) $.07 per ton.

(b) The secretary is hereby authorized and empowered to reduce the

inspection fee provided for in subsection (a) whenever it is determined

the secretary determines that such fee is yielding more than is necessary

for the purpose of administering the provisions of this act. The secretary

is authorized and empowered to increase such inspection fee, or restore

it such inspection fee, in full or in part, when it such inspection fee is

necessary to produce sufficient revenues for the purposes of administer-

ing the provisions of this act, but not in excess of the fee hereinbefore

stated as provided in this section.

Sec. 12. K.S.A. 2-3304 is hereby amended to read as follows: 2-3304.

(a) Any user of the chemigation process shall register and obtain a chem-

igation user's permit before using the process.

(b) Registration shall consist of making application on a form supplied

by the secretary. Such application shall include, but not be limited to:

(1) The name of the persons to whom a permit is to be issued (,

including an owner or operator of land on which chemigation is to be

used);

(2) a plan for using anti-pollution devices;

(3) a plan for handling tail water or accumulations of water;

(4) the number and locations (, including a legal description), of well-

heads which may be involved in the chemigation process and surface

water supply withdrawal points, not to include siphon tubes; and

(5) payment of fees.

(c) On and after the effective date of this act through June 30, 1999,

The application fee for a chemigation user's permit shall be $55 plus $10

for each additional point of diversion, or commencing July 1, 2002, and

ending June 30, 2005, shall be $55 $75 plus $10 $15 for each additional

point of diversion. On and after July 1, 1999, the application fee for a

chemigation user's permit shall be $50 plus $10 for each additional point

of diversion. A chemigation user's permit may be renewed each year upon

making an application, payment of the application fee and completing the

report form providing information used in chemigation the previous year.

Sec. 13. K.S.A. 2-3306 is hereby amended to read as follows: 2-3306.

(a) Any individual operating chemigation equipment under a chemigation

user permit shall be responsible for the safe operation of such chemiga-

tion equipment and any such equipment shall be considered to be under

the direct supervision of the chemigation user permit holder.

(b) The secretary shall not issue a chemigation user permit to any

person unless such person is a certified chemigation equipment operator

or has in such person's employment at least one certified chemigation

equipment operator. A chemigation equipment operator is an individual

who has successfully completed an examination given by the secretary or

the secretary's designee. Except as provided in subsection (c), if the

chemigation user permit is issued to an individual, that individual must

have successfully completed the chemigation equipment operator ex-

amination. Such examination shall include, but not be limited to, the

following:

(1) The proper use of anti-pollution devices;

(2) preparing the chemical solution and filling the chemical supply

container;

(3) calibrating of injection equipment;

(4) supervision of chemigation equipment to assure its safe operation;

(5) environmental and human hazards that may be involved in chem-

igation;

(6) protective clothing and respiratory equipment;

(7) general precautions to be followed in disposal of containers and

decontamination of the equipment;

(8) handling of tail water and other accumulations of water containing

chemicals;

(9) information of procedures to be followed should chemicals in-

advertently enter the water supply source as a result of the chemigation

process;

(10) label information, especially chemigation instructions;

(11) applicable state and federal laws and regulations; and

(12) any other subject which the secretary deems necessary.

(c) The examination provided for in subsection (b) may be waived for

any individual who has been certified as a pesticide applicator in the

category of chemigation pursuant to the Kansas pesticide law.

(d) The chemigation equipment operator certification shall expire on

December 31 of the fourth calendar year after the year of issue. A chem-

igation equipment operator certification shall be renewed for a succeed-

ing five year period upon payment of the certification fee and passing the

examination specified in either subsection (b) or (c).

(e) The fee for certification as a chemigation equipment operator or

for renewal of such certification shall be $10, or commencing July 1, 2002,

and ending June 30, 2005, such certification shall be $10 $25.

Sec. 14. K.S.A. 2-3318 is hereby amended to read as follows: 2-3318.

(a) Regardless of whether irrigation water is added, whenever swine waste

is applied to crops or land, the secretary is authorized to investigate,

inspect or conduct any manner of examination or review of the application

of swine waste. No swine waste shall be applied to crops or land in excess

of agronomic application rates.

(b) The secretary shall review and approve all nutrient utilization

plans that provide for the application of swine waste to crops or land and

that are submitted by swine confined feeding facilities pursuant to K.S.A.

2001 Supp. 65-1,182 and amendments thereto if the plans demonstrate

that swine waste will be applied pursuant to agronomic application rates

and include all required information. Nutrient utilization plans shall be

submitted in the on a form required by the secretary. The secretary shall

notify the secretary of health and environment when a nutrient utilization

plan has been approved and whether the approval is conditioned on any

amendments or revisions to the plan.

(c) Any soil tests required by the secretary to evaluate whether ag-

ronomic application rates are being met must be paid for by the swine

confined feeding facility regardless of whether the soil to be tested is

from land owned by such facility.

(d) Failure of the operator of a swine confined feeding facility to

implement a nutrient utilization plan approved by the secretary shall be

considered a violation of the Kansas chemigation safety law for which the

secretary may suspend a permit pursuant to K.S.A. 2-3310 and amend-

ments thereto or may impose a civil penalty pursuant to K.S.A. 2-3317

and amendments thereto, or both.

(e) (d) This section shall be part of and supplemental to the Kansas

chemigation safety law.

Sec. 15. K.S.A. 2001 Supp. 65-771 is hereby amended to read as

follows: 65-771. As used in this act:

(a) ``Adulterated'' has the same meaning as ascribed to it provided in

K.S.A. 65-664, and amendments thereto.

(b) ``Counter freezer'' means a counter type freezing machine used

to produce frozen dairy products.

(c) ``Dairy manufacturing plants'' means any place where dairy prod-

ucts, grade A milk or milk products are manufactured or prepared for

sale or distribution, either at wholesale or retail. This term shall not in-

clude a licensed food service establishment which is licensed to manu-

facture homemade ice cream pursuant to this act.

(d) (c) ``Dairy products'' means products which may be made from

milk or cream for manufacturing purposes and which are not required to

meet grade A standards, including butter, cheese, dry whole milk, nonfat

dry milk, dry buttermilk, dry whey, evaporated milk (, whole or skim),

condensed whole milk, condensed skim milk (, sweetened or plain), fro-

zen dairy dessert, and frozen dairy dessert mixes and such other products

as may be otherwise designated by rules and regulations.

(e) (d) ``Frozen dairy dessert'' means and includes products contain-

ing milk or cream and other ingredients which are frozen or semi-frozen

prior to consumption, such as ice cream, ice milk or sherbet, including

frozen dairy desserts for special dietary purposes.

(f) (e) ``Frozen dairy dessert mix'' means the pasteurized unfrozen

combination of all ingredients with or without fruits, fruit juices, candy,

nut meats, flavor or harmless color which makes a frozen dairy dessert.

(g) (f) ``Goat milk'' means the normal lacteal secretion, practically free

of colostrum, obtained by the complete milking of one or more healthy

goats. Goat milk sold in retail packages shall contain not less than 2.5 %

milkfat and not less than 7.5 % milk solids not fat. Goat milk shall be

produced according to the sanitary standards of this act.

(h) (g) ``Grade A pasteurized milk'' means pasteurized milk which has

at least a 90% survey rating, as determined by a survey of the source

conducted by the secretary pursuant to the survey rating methods for

conducting surveys of the status of milk sanitation. The milk shall meet

the requirements for grade A under the rules and regulations adopted

pursuant to this act. The secretary may authorize the use of the grade A

designation for a temporary time period on grade A pasteurized milk

within the statewide system of milk inspection and regulatory services,

although such grade A pasteurized milk does not have at least a 90%

survey rating.

(i) (h) ``Grade A pasteurized milk products'' means all pasteurized

milk products which have at least a 90% survey rating, as determined by

a survey of the source conducted by the secretary pursuant to the survey

rating methods for conducting surveys of the status of milk sanitation.

The pasteurized milk products shall meet the requirements for grade A

under rules and regulations adopted pursuant to this act. The secretary

may authorize the use of the grade A designation for a temporary time

period on grade A pasteurized milk products within the statewide system

of milk inspection and regulatory services, although such grade A pas-

teurized milk products do not have at least a 90% survey rating.

(j) (i) ``Grade A raw milk for pasteurization'' means milk having at

least 90% survey rating, as determined by a survey of the source con-

ducted by the secretary pursuant to the survey rating methods for con-

ducting surveys of the status of milk sanitation, the raw milk meeting the

requirements for grade A under the rules and regulations adopted pur-

suant to this act. The secretary may authorize the use of the grade A

designation for a temporary time period on grade A raw milk for pas-

teurization within the statewide system of milk inspection and regulatory

services, although such milk does not have at least a 90% survey rating.

(k) (j) ``Imminent health hazard'' means any condition which involves

milk, milk products, or dairy products, or any practice or procedure in

the handling, transportation, storage, processing or manufacturing of a

milk, milk product or dairy product which poses a significant threat of

danger to the public health which should be corrected immediately to

prevent injury or sickness and which should not be permitted to continue

while a hearing or other proceeding is being conducted. An imminent

health hazard may be declared at any point in a chain of events which

ultimately may result in harm or danger to the public health. The occur-

rence of the final anticipated injury or other disease related condition

shall not be a prerequisite for the establishment of the existence of an

imminent health hazard.

(l) (k) ``In package form'' means any commodity put up or packaged

in any manner in advance of sale so as to constitute a unit quantity of the

commodity for either wholesale or retail sale, exclusive of any auxiliary

container enclosing such packages which individually conform to the

requirements of this act.

(m) (l) ``Milk'' means the lacteal secretion, practically free from co-

lostrum, obtained by the complete milking of one or more healthy cows.

Milk that is in final package form for beverage use shall have been pas-

teurized or ultrapasteurized, and shall contain not less than 8.25% milk

solids not fat and not less than 3.25% milkfat. Milk may have been ad-

justed by separating part of the milkfat therefrom, or by adding thereto

cream, concentrated milk, dry whole milk, skim milk, concentrated skim

milk, or nonfat dry milk. Milk may be homogenized. Milk shall be inter-

preted to include goat milk.

(n) (m) ``Milk distributor'' means any person who first sells or offers

for sale in Kansas any packaged grade A pasteurized milk, milk product,

or dairy product.

(o) (n) ``Milk hauler/sampler'' means any person who collects official

samples and may transport raw milk from a farm or raw milk products to

or from a milk plant or both, receiving station or transfer station and has

in their possession a permit from any state to sample such products.

(p) (o) ``Milk inspection and regulatory services'' means the inspec-

tion, sampling, laboratory testing and the administrative procedures re-

lating thereto, necessary to determine that the production, processing,

distribution and sale of grade A milk, milk products, and dairy products

comply with the requirements of this act and any rules and regulations

adopted hereunder.

(q) (p) ``Milk or cream for manufacturing purposes'' means raw milk

or raw cream which is not subject to grade A standards and which is

produced for processing and manufacturing into dairy products for hu-

man consumption. Milk for manufacturing purposes may contain less than

3.25% of butterfat and shall be delivered pure, sweet and clean.

(r) (q) ``Milk or cream receiving station'' means any place where milk

or cream may be received, collected, handled, processed, stored or col-

lected and prepared for further transporting.

(s) (r) ``Milk or cream transfer station'' means any place where milk

or cream are transferred directly from one milk tank truck to another.

(t) (s) ``Milk processor'' means any person who operates any place,

premises or establishment where grade A raw milk for pasteurization or

milk or cream for manufacturing purposes is processed, pasteurized, bot-

tled or prepared for distribution.

(u) (t) ``Milk producer'' means any person who owns or operates a

dairy farm and who provides, sells or offers for sale grade A raw milk for

pasteurization or milk or cream for manufacturing purposes to a milk

plant, receiving station or transfer station.

(v) (u) ``Milk products'' means cream, light cream, light whipping

cream, heavy cream, heavy whipping cream, whipped cream, whipped

light cream, sour cream, acidified sour cream, cultured sour cream, half-

and-half, sour half-and-half, acidified sour half-and-half, cultured sour

half-and-half, reconstituted or recombined milk and milk products, con-

centrated milk, concentrated milk products, nonfat (skim) milk, reduced

fat or lowfat milk, frozen milk concentrate, eggnog, buttermilk, cultured

milk, cultured reduced fat or lowfat milk, cultured nonfat (skim) milk,

yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified reduced fat

or lowfat milk, acidified nonfat (skim) milk, low-sodium milk, low-sodium

reduced fat or lowfat milk, low-sodium nonfat (skim) milk, lactose-re-

duced milk, lactose-reduced reduced fat or lowfat milk, lactose-reduced

nonfat (skim) milk, aseptically processed and packaged milk and milk

products, milk, reduced fat or lowfat milk or nonfat (skim) milk with

added safe and suitable microbial organisms and any other milk product

made by the addition or subtraction of milkfat or addition of safe and

suitable optional ingredients for protein, vitamin or mineral fortification

of milk products defined herein. Milk products also include those dairy

foods made by modifying the federally standardized products listed in

this section in accordance with 21 C.F.R. 130.10, requirements for foods

named by use of a nutrient content claim and a standardized term. Milk

and milk products which have been retort processed after packaging or

which have been concentrated, condensed or dried are included in this

definition only if they are used as an ingredient to produce any milk or

milk product defined herein or if they are labeled as Grade A as adopted

and described by rules and regulations promulgated under this act. Except

as otherwise provided, the term milk shall not include dietary products

(except as defined herein), infant formula, ice cream or other desserts,

butter or cheese.

(w) (v) ``Misbranded'' has the same meaning as ascribed to it in K.S.A.

65-665, and amendments thereto.

(x) (w) ``On-farm retail sales of milk or milk products'' means the sale

of milk or milk products on the farm by the producer from the production

of the dairy herd to the final consumer, so long as the person making

such sales does not promote the sale of milk or milk products to the public

in any manner other than by the erection of a sign upon the premises of

the dairy farm. The advertisement upon any such sign shall state that such

milk or milk products are raw and shall be in letters of a uniform size.

Each container in which any unpasteurized milk is sold or offered for sale

shall be clearly labeled as ungraded raw milk.

(y) (x) ``Pasteurized'' has the same meaning as ascribed to it in 21

C.F.R. 131.3 and 135.3.

(z) (y) ``Person'' means any individual, plant operator, partnership,

corporation, company, firm, trustee, association or institution.

(aa) (z) ``Plant fabricating single service articles'' means any place

which manufactures single service articles which are expected to come in

contact with grade A milk or grade A milk products.

(bb) (aa) ``Secretary'' means the secretary of the state department of

agriculture, or the secretary's designee.

(cc) (bb) ``Single service article or container'' means any container

having a milk or milk product-contact surface and used in the packaging,

handling, storage or servicing of grade A milk and is intended for one

usage only.

Sec. 16. K.S.A. 2001 Supp. 65-775 is hereby amended to read as

follows: 65-775. (a) The secretary may adopt rules and regulations:

(1) Establishing criteria for the sanitary production, processing, han-

dling, sampling, examination, testing, grading and labeling of all milk, milk

products and dairy products sold or produced in the state of Kansas;

(2) providing criteria for the inspection of dairy farms, dairy manu-

facturing plants, plants fabricating single service articles, milk or cream

transfer stations, milk or cream receiving stations, milk haulers, and milk

distributors, and counter freezers;

(3) establishing sanitation standards and equipment and utensil stan-

dards for dairy farms, dairy manufacturing plants, plants fabricating single

service articles, transfer stations, receiving stations, milk haulers and milk

distributors;

(4) establishing standards of identity for milk, milk products and dairy

products. Such standards shall take into consideration corresponding fed-

eral standards of identity where such standards exist;

(5) prescribing for any person regulated under this act any book-

keeping or reporting requirements deemed necessary by the secretary,

including the maintenance of records and making such records available

to the secretary;

(6) regarding bacterial and coliform standards or other quality stan-

dards for milk, milk products, or dairy products; and

(7) establishing specifications for apparatus and chemicals and pro-

cedures for sampling, testing and weighing milk, cream, butter and any

other milk products or dairy products. These specifications, directions

and other technical requirements shall conform, insofar as practical, to

the official methods of analysis of the association of official analytical

chemists or any other such similar organization.

(b) Any rules and regulations promulgated under this act shall con-

form, insofar as practicable, to the pasteurized milk ordinance, and the

policies adopted by the interstate milk shippers conference.

Sec. 17. K.S.A. 2001 Supp. 65-778 is hereby amended to read as

follows: 65-778. (a) Any person who engages in business as a dairy man-

ufacturing plant shall first apply for and obtain a dairy manufacturing

plant license from the secretary and shall pay a license fee of $120, or

commencing July 1, 2002, and ending June 30, 2005, a license fee of $120

$155.

(b) Any person who engages in business as a distributor of milk, milk

products or dairy products shall first apply for and obtain a milk distrib-

utor license from the secretary and shall pay a license fee of $120, or

commencing July 1, 2002, and ending June 30, 2005, a license fee of $120

$155. No milk distributor license shall be required for a licensed dairy

manufacturing plant which distributes only those products which it man-

ufactures.

(c) Any person who engages in business as a milk hauler shall first

apply for and obtain a milk hauler license from the secretary and shall

pay a license fee of $25 or commencing July 1, 2002, and ending June 30,

2005, a license fee of $25 $35. As part of the application, the secretary

may require the applicant to be tested regarding proper procedures for

sampling, testing and weighing milk or cream and state laws and rules

and regulations.

(d) Any person who engages in the business of freezing a frozen dairy

dessert mix for sale at retail shall first apply for and obtain a counter

freezer license from the secretary and shall pay a license fee of $50.

(e) Any food service establishment which is required to be licensed

pursuant to K.S.A. 36-501 et seq., and amendments thereto, and who

manufactures homemade ice cream for sale on its premises shall first

apply for and obtain a homemade ice cream manufacturing license from

the secretary and shall pay a license fee of $50. Homemade ice cream

made pursuant to this section shall be manufactured at the licensed food

service establishment and shall be sold only on the premises for imme-

diate consumption by the customers of the licensed food service estab-

lishment.

(f) Any person who operates a milk or cream transfer station or milk

or cream receiving station shall first apply for and obtain a milk or cream

station license from the secretary and shall pay a license fee of $50, or

commencing July 1, 2002, and ending June 30, 2005, a license fee of $50

$65.

(g) (e) Any person who engages in business as a manufacturer of

single service dairy containers or manufacturer of single service dairy

container closures shall first apply for and obtain a single service manu-

facturing license from the secretary and shall pay a license fee of $50, or

commencing July 1, 2002, and ending June 30, 2005, a license fee of $50

$65.

(h) (f) The dairy manufacturing plant license, milk distributor license,

counter freezer license, homemade ice cream manufacturing license, milk

or cream station license and single service manufacturing license shall

expire on December 31 of the year for which it was issued unless sus-

pended or revoked by the secretary pursuant to this act. The milk hauler

license shall expire on June 30 following the date of issuance unless sus-

pended or revoked by the secretary pursuant to this act.

(i) (g) No license issued under this section shall be transferable. No

license shall be renewed if any assessments or fees required under this

act are delinquent.

(j) (h) Each applicant for a license shall submit an application on a

form supplied by the secretary accompanied by the license fee. All li-

censes shall be conspicuously displayed in the applicant's place of busi-

ness.

Sec. 18. K.S.A. 2001 Supp. 65-781 is hereby amended to read as

follows: 65-781. The following fees for the statewide system of milk in-

spection and regulatory services are hereby established:

(a) A fee of $.01, or commencing July 1, 2002, and ending June 30,

2005, a fee of $.01 $.015 for each 100 pounds of milk produced by milk

producers under Kansas grade A inspection shall be paid. Each producer

is hereby charged with such fee which shall be paid to the milk producers'

cooperative, milk processor or milk distributor to whom the milk is sold

or delivered. Each cooperative, processor or distributor is hereby charged

with the duty of collecting such fees which shall be remitted to the sec-

retary.

(b) A fee of $.01, or commencing July 1, 2002, and ending June 30,

2005, a fee of $.01 $.015 for each 100 pounds of packaged grade A pas-

teurized milk or milk products sold in Kansas at retail to the final con-

sumer shall be paid. Each distributor is hereby charged with such fee

which shall be remitted to the secretary.

(c) A fee of $.01, or commencing July 1, 2002, and ending June 30,

2005, a fee of $.01 $.015 per 100 pounds or fraction thereof of grade A

raw milk for pasteurization delivered to a milk processor within the state

of Kansas which is processed into grade A milk or grade A milk products

shall be paid. Each milk processor is hereby charged with such fee which

shall be remitted to the secretary.

(d) A milk fee of $.01, or commencing July 1, 2002, and ending June

30, 2005, a fee of $.01 $.015 per 100 pounds of milk or cream for man-

ufacturing purposes produced by milk producers under Kansas manufac-

turing grade milk inspection shall be paid. Each producer is hereby

charged with such fee which shall be paid to the milk producers' coop-

erative, dairy manufacturing plant or any other person to whom the milk

or cream for manufacturing purposes is sold or delivered. Each cooper-

ative, dairy manufacturing plant or other person is hereby charged with

the duty of collecting such fees which shall be remitted to the secretary.

(e) A fee of $.0075, or commencing July 1, 2002, and ending June 30,

2005, a fee of $.0075 $.01 per 100 pounds of Kansas produced milk or

cream for manufacturing purposes or other Kansas produced milk deliv-

ered to a dairy manufacturing plant shall be paid on all Kansas milk used

in the manufacturing of dairy products. As used in this subsection, the

term dairy products shall not include any frozen dairy dessert or frozen

dairy dessert mix. Each dairy manufacturing plant shall pay such fee

which shall be remitted to the secretary.

(f) In lieu of the fee prescribed in subsection (e), a fee of $1, or

commencing July 1, 2002, and ending June 30, 2005, a fee of $1 $1.50

per thousand gallons of frozen dairy dessert or frozen dairy dessert mix

shall be paid by the manufacturer thereof. Each manufacturer of frozen

dairy dessert or frozen dairy dessert mix is hereby charged with such fee

which shall be remitted to the secretary. Frozen dairy dessert mix which

is further processed into the corresponding frozen dairy dessert by the

manufacturer of the frozen dairy dessert mix shall not be subject to the

fee required by this subsection.

(g) A fee of $1, or commencing July 1, 2002, and ending June 30,

2005, a fee of $1 $1.50 per thousand gallons of frozen dairy dessert or

frozen dairy dessert mix imported for retail sale in Kansas shall be paid

by the milk distributor who imports these products.

(h) If any fee computed pursuant to subsection (a) through (e) is less

than $2.50, then the sum of $2.50 shall be paid in lieu of the computed

fee. If any fee computed pursuant to subsection (f) or (g) is less than

$7.50, a minimum fee of $7.50 shall be paid in lieu of the computed fee.

(i) All fees established herein shall be paid to the secretary in the

following manner:

(1) The fees established in subsections (a) through (e) shall be re-

mitted on or before the 30th day of each month for the calendar month

immediately preceding and shall be accompanied by a report, in the form

prescribed by the secretary, indicating the quantities upon which the re-

mittance is based.

(2) The fees established in subsections (f) and (g) shall be remitted

on April 30, July 31, October 31 and January 31 for the three calendar

months immediately preceding and shall be accompanied by a report, in

the form prescribed by the secretary, indicating the quantity of frozen

dairy dessert or frozen dairy dessert mix upon which the remittance is

based.

(j) Any person who fails to remit all or any part of the required fee

or to submit the required report by the date due may be assessed an

additional charge equal to 1% of the amount of delinquent fees for each

day after the date due, or $5, whichever amount is greater.

Sec. 19. K.S.A. 2001 Supp. 65-782 is hereby amended to read as

follows: 65-782. (a) The secretary shall remit all moneys received under

this act to the state treasurer at least monthly. Upon receipt of such

remittance, the state treasurer shall deposit the entire amount thereof in

the state treasury and the same shall be credited to the dairy fee fund,

which is hereby created, unless otherwise stated.

(b) All expenditures from the dairy fee fund shall be made in accord-

ance with appropriation acts upon warrants of the director of accounts

and reports issued pursuant to vouchers approved by the secretary.

(c) On July 1, 2001, the director of accounts and reports shall transfer

all moneys in the dairy division fee fund and the grade A milk fee fund

to the dairy fee fund. On July 1, 2001, all liabilities of the dairy division

fee fund and the grade A milk fee fund are hereby transferred to and

imposed on the dairy fee fund and the dairy division fee fund and the

grade A milk fee fund are hereby abolished.

Sec. 20. K.S.A. 2001 Supp. 65-789 is hereby amended to read as

follows: 65-789. It shall be unlawful for any person to:

(a) Engage in any business or activity which requires a license or

permit under this act without having a license or permit;

(b) sell, offer or expose for sale:

(1) Any milk, milk products or dairy products which do not conform

to the definition and standards of identity established under this act; or

(2) any milk, milk products or dairy products which are adulterated

or misbranded; or

(3) any frozen dairy dessert which does not to conform to the bacteria

and coliform quality standards established by this act or rules and regu-

lations adopted hereunder.

(c) adulterate or misbrand any milk, milk products or dairy products;

(d) sell, offer for sale or have in such person's possession with the

intent to sell at retail to the final consumer any milk or milk product

which has not been inspected and designated grade A pasteurized in

accordance with the provisions of this act and any rules and regulations

adopted thereunder, except that on-farm retail sales of milk or milk prod-

ucts shall be exempt from the provisions of this act unless stated other-

wise; or

(e) violate any provision of this act or any rules or regulations prom-

ulgated thereunder.

Sec. 21. K.S.A. 2001 Supp. 82a-708a is hereby amended to read as

follows: 82a-708a. (a) Any person may apply for a permit to appropriate

water to a beneficial use, notwithstanding that the application pertains to

the use of water by another, or upon or in connection with the lands of

another. Any rights to the beneficial use of water perfected under such

application shall attach to the lands on or in connection with which the

water is used and shall remain subject to the control of the owners of the

lands as in other cases provided by law.

(b) Except as otherwise provided in subsections (d), (e) and (f), each

application for a permit to appropriate water, except applications for per-

mits for domestic use, shall be accompanied by an application fee fixed

by this section for the appropriate category of acre feet in accordance

with the following:

Acre FeetFee
0 to 100 $100
101 to 320 $150
More than 320 $150 + $10
for each additional 100
acre feet or any part thereof
Commencing July 1, 2002, and ending June 30, 2005, the application

fee shall be fixed by this section for the appropriate category of acre feet

in accordance with the following:

Acre FeetFee
0 to 100 $100 $200
101 to 320 $150 $300
More than 320 $150 + $10 $300 + $20
for each additional 100
acre feet or any part thereof
The chief engineer shall render a decision on such permit applications

within 150 days of receiving a complete application except when the ap-

plication cannot be processed due to the standards established in K.A.R.

5-3-4c. Upon failure to render a decision within 150 days of receipt of a

complete application, the application fee is subject to refund upon request.

(c) Except as otherwise provided in subsections (d), (e) and (f), each

application for a permit to appropriate water for storage, except appli-

cations for permits for domestic use, shall be accompanied by an appli-

cation fee fixed by this section for the appropriate category of storage-

acre feet in accordance with the following:

Storage-Acre FeetFee
0 to 250 $100
More than 250 $100 + $10
for each additional 250
storage-acre feet
or any part thereof
Commencing July 1, 2002, and ending June 30, 2005, the application

fee shall be fixed by this section for the appropriate category of storage-

acre feet in accordance with the following:

Storage-Acre FeetFee
0 to 250 $100 $200
More than 250 $100 + $10 $200 + $20
for each additional 250
storage-acre feet or any part thereof
The chief engineer shall render a decision on such permit applications

within 150 days of receiving a complete application except when the ap-

plication cannot be processed due to the standards established in K.A.R.

5-3-4c. Upon failure to render a decision within 150 days of receipt of a

complete application, the application fee is subject to refund upon request.

(d) Each application for a term permit pursuant to K.S.A. 2001 Supp.

82a-736, and amendments thereto, shall be accompanied by an applica-

tion fee established by rules and regulations of the chief engineer in an

amount not to exceed $400 for the five-year period covered by the permit.

(e) For any application for a permit to appropriate water, except ap-

plications for permits for domestic use, which proposes to appropriate by

both direct flow and storage, the fee charged shall be the fee under sub-

section (b) or subsection (c), whichever is larger, but not both fees.

(f) Each application for a permit to appropriate water for water power

or dewatering purposes shall be accompanied by an application fee of

$100 plus $200 for each 100 cubic feet per second, or part thereof, of the

diversion rate requested in the application for the proposed project.

(g) All fees collected by the chief engineer pursuant to this section

shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and

amendments thereto.

Sec. 22. K.S.A. 2001 Supp. 82a-708b is hereby amended to read as

follows: 82a-708b. (a) Any owner of a water right may change the place

of use, the point of diversion or the use made of the water, without losing

priority of right, provided such owner shall: (1) Apply in writing to the

chief engineer for approval of any proposed change; (2) demonstrate to

the chief engineer that any proposed change is reasonable and will not

impair existing rights; (3) demonstrate to the chief engineer that any pro-

posed change relates to the same local source of supply as that to which

the water right relates; and (4) receive the approval of the chief engineer

with respect to any proposed change. The chief engineer shall approve

or reject the application for change in accordance with the provisions and

procedures prescribed for processing original applications for permission

to appropriate water. If the chief engineer disapproves the application for

change, the rights, priorities and duties of the applicant shall remain un-

changed. Any person aggrieved by an order or decision by the chief en-

gineer relating to an application for change may petition for review

thereof in accordance with the provisions of K.S.A. 2001 Supp. 82a-1901

and amendments thereto.

(b) Each application to change the place of use, the point of diversion

or the use made of the water under this section shall be accompanied by

the application fee set forth in the schedule below:

(1)Application to change a point of diversion 300 feet or less $50
(2) Application to change a point of diversion more than 300 feet 100
(3) Application to change the place of use100
(4)Application to change the use made of water150

Commencing July 1, 2002, and ending June 30, 2005, the application

fee shall be set forth in the schedule below:

(1)Application to change a point of diversion 300 feet or less$50 $100
(2)Application to change a point of diversion more than 300 feet100 200
(3)Application to change the place of use100 200
(4)Application to change the use made of the water150 300

The chief engineer shall render a decision on such permit applications

within 150 days of receiving a complete application except when the ap-

plication cannot be processed due to the standards established in K.A.R.

5-3-4c. Upon failure to render a decision within 150 days of receipt of a

complete application, the application fee is subject to refund upon request.

Any application submitted which requests two of the types of changes set

forth above shall be accompanied by a fee of $150, or commencing July

1, 2002, and ending June 30, 2005, a fee of $150 not to exceed $300. Any

application which requests three types of changes shall be accompanied

by a fee of $250, or commencing July 1, 2002, and ending June 30, 2005,

a fee of $250 not to exceed $500.

(c) All fees collected by the chief engineer pursuant to this section

shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and

amendments thereto.

Sec. 23. K.S.A. 2001 Supp. 82a-714 is hereby amended to read as

follows: 82a-714. (a) Upon the completion of the construction of the

works and the actual application of water to the proposed beneficial use

within the time allowed, the applicant shall notify the chief engineer to

that effect. The chief engineer or the chief engineer's duly authorized

representative shall then examine and inspect the appropriation diversion

works and, if it is determined that the appropriation diversion works have

been completed and the appropriation right perfected in conformity with

the approved application and plans, the chief engineer shall issue a cer-

tificate of appropriation in duplicate. The original of such certificate shall

be sent to the owner and shall be recorded with the register of deeds in

the county or counties wherein the point of diversion is located, as are

other instruments affecting real estate, and the duplicate shall be made

a matter of record in the office of the chief engineer.

(b) Not later than 60 days before the expiration of the time allowed

in the permit to complete the construction of the appropriation diversion

works or the time allowed in the permit to actually apply water to the

proposed beneficial use, the chief engineer shall notify the permit holder

by certified mail that any request for extension of such time must be filed

with the chief engineer before the expiration of the time allowed in the

permit.

(c) Unless the applicant requests an extension or the certificate has

not been issued due to the applicant's failure to comply with reasonable

requests for information or to allow the opportunity to examine and in-

spect the appropriation diversion works, as necessary for certification, the

chief engineer shall certify an appropriation:

(1) Before July 1, 2004, if the time allowed in the permit to perfect

the water right expired before July 1, 1999; or

(2) not later than five years after the date the applicant notifies the

chief engineer of the completion of construction of the works and the

actual application of water to the proposed beneficial use within the time

allowed, in all other cases.

If the chief engineer fails to issue a certificate within the time provided

by this subsection, the applicant may request review, pursuant to K.S.A.

2001 Supp. 82a-1901 and amendments thereto, of the chief engineer's

failure to act.

(d) Except for works constructed to appropriate water for domestic

use, each notification to the chief engineer under subsection (a) shall be

accompanied by a field inspection fee of $200, or commencing July 1,

2002, and ending June 30, 2005, a fee of $200 $400. Failure to pay the

field inspection fee, after reasonable notice by the chief engineer of such

failure, shall result in the permit to appropriate water being revoked,

forfeiture of the priority date and revocation of any appropriation right

that may exist. All fees collected by the chief engineer pursuant to this

section shall be remitted to the state treasurer as provided in K.S.A. 82a-

731 and amendments thereto.

(e) A request for an extension of time to: (1) Complete the diversion

works; or (2) perfect the water right, shall be accompanied by a fee of

$50, or commencing July 1, 2002, and ending June 30, 2005, a fee of $50

$100.

(f) A request to reinstate a water right or a permit to appropriate

water which has been dismissed shall be filed with the chief engineer

within 60 days of the date dismissed and shall be accompanied by a fee

of $100, or commencing July 1, 2002, and ending June 30, 2005, a fee of

$100 $200.

(g) All fees collected by the chief engineer pursuant to this section

shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and

amendments thereto.

Sec. 24. K.S.A. 82a-727 is hereby amended to read as follows: 82a-

727. (a) Subject to existing water rights and the principle of beneficial

use, the chief engineer may grant upon application made therefor tem-

porary permits and extensions thereof to appropriate water in any case

where the public interest in such water will not be unreasonably or pre-

judically affected, except that the chief engineer shall not grant any such

permit to appropriate fresh water in any case where other waters are

available for the proposed use and the use thereof is technologically and

economically feasible. No such temporary permit or any extension thereof

shall be granted for a period of time in excess of six months. Each appli-

cation submitted for a temporary permit or extension thereof shall be

accompanied by an application fee of $100, or commencing July 1, 2002,

and ending June 30, 2005, a fee of $100 $200.

(b) The chief engineer shall adopt rules and regulations to effectuate

and administer the provisions of this section.

(c) Nothing in this section shall be deemed to vest in the holder of

any permit granted pursuant to provisions of this section any permanent

right to appropriate water except as is provided by such permit.

(d) All fees collected by the chief engineer pursuant to this section

shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and

amendments thereto.

Sec. 25. K.S.A. 2001 Supp. 83-302 is hereby amended to read as

follows: 83-302. (a) Each person, other than an authorized representative

of the secretary or an authorized representative of a city or county de-

partment of public inspection of weights and measures established pur-

suant to K.S.A. 83-210, and amendments thereto, desiring to operate and

perform testing and other services as a company in Kansas shall apply to

the secretary for a service company license, on a form to be supplied by

the secretary, and shall obtain such license from the secretary before

operating and performing testing or other services as a service company.

Each service company shall obtain a license for each place of business

maintained in Kansas and shall pay a license application fee of $50, or

commencing July 1, 2002, and ending June 30, 2005, a fee of $50 $100

and thereafter an annual license renewal application fee of $50, or com-

mencing July 1, 2002, and ending June 30, 2005, a fee of $50 $100 for

each place of business. Each service company license shall expire on June

30 following issuance, shall be void unless renewed prior to the expiration

and shall not be transferable.

(b) If any service company maintains any out-of-state places of busi-

ness which the company operates in serving Kansas patrons, the service

company seeking to obtain or renew a license under this section shall list

in the application such places of business and the firm names under which

the company operates at each such place of business. If any out-of-state

place of business is established by a service company after being licensed

under this section, the licensee shall supply such information to the sec-

retary before any work is performed in Kansas from such out-of-state

location. Each nonresident service company shall designate a resident

agent upon whom service of notice or process may be made to enforce

the provisions of chapter 83 of the Kansas Statutes Annotated, and

amendments thereto, or any liabilities arising from operations thereun-

der. Each nonresident service company which maintains no established

place of business in Kansas shall obtain a license under this section for

each out-of-state place of business and shall list on the application the

firm name or names for each place of business from which the service

company intends to operate.

(c) Each technical representative shall be licensed annually by the

secretary. Each technical representative shall be required to attend con-

tinuing education seminars on an annual basis as required by rules and

regulations adopted by the secretary and to pass a reasonable examination

prescribed by the secretary each year prior to being licensed. The de-

partment of agriculture shall be authorized to charge a fee to the atten-

dees of the continuing education seminars sponsored by the agency. The

amount charged shall be no more than is necessary to cover the expenses

incurred in providing the seminar. Each technical representative's license

shall expire on June 30 following the issuance of the license and shall be

void unless renewed prior to the expiration.

(d) No service company license may be issued or renewed under this

section until the applicant's weights or measures, or both have been tested

for accuracy and sealed by the secretary. The secretary is authorized to

accept a certification of the accuracy of the applicant's weights or meas-

ures issued by the national institute of standards and technology or by a

weights and measures laboratory certified by the national institute of stan-

dards and technology in lieu of a test by the secretary, if such certificate

shows that the weights or measures have been tested within the last 365

days preceding the license application.

(e) The secretary shall remit all moneys received under this section

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 weights and measures fee fund.

Sec. 26. K.S.A. 2001 Supp. 83-402 is hereby amended to read as

follows: 83-402. (a) Each person, other than an authorized representative

of the secretary or an authorized representative of a city or county de-

partment of public inspection of weights and measures established pur-

suant to K.S.A. 83-210, and amendments thereto, desiring to operate and

perform testing and other services as a service company in Kansas shall

apply to the secretary for a service company license, on a form to be

supplied by the secretary, and shall obtain such license from the secretary

before operating and performing testing or other services as a service

company. Each service company shall obtain a license for each place of

business maintained in Kansas and shall pay a license application fee of

$50, or commencing July 1, 2002, and ending June 30, 2005, a fee of $50

$100 and thereafter an annual license renewal application fee of $50, or

commencing July 1, 2002, and ending June 30, 2005, a fee of $50 $100

for each place of business. Each service company license shall expire on

June 30 following issuance, shall be void unless renewed prior to the

expiration and shall not be transferable.

(b) If any service company maintains any out-of-state places of busi-

ness which the service company operates in serving Kansas patrons, the

applicant seeking to obtain or renew a license under this section shall list

in the application such places of business and the firm names under which

the service company operates at each such place of business. If any out-

of-state place of business is established by a service company after being

licensed under this section, the licensee shall supply such information to

the secretary before any work is performed in Kansas from such out-of-

state location. Each nonresident service company shall designate a resi-

dent agent upon whom service of notice or process may be made to

enforce the provisions of chapter 83 of the Kansas Statutes Annotated,

and amendments thereto, or any liabilities arising from operations there-

under. Each nonresident service company which maintains no established

place of business in Kansas shall obtain a license under this section for

each out-of-state place of business and shall list on the application the

firm name or names for each place of business from which the service

company intends to operate.

(c) Each technical representative shall be licensed annually by the

secretary. Each technical representative shall be required to attend con-

tinuing education seminars on an annual basis as required by rules and

regulations adopted by the secretary and to pass a reasonable examination

prescribed by the secretary each year prior to being licensed. The state

department of agriculture shall be authorized to charge a fee to the at-

tendees of the seminar sponsored by the department. The amount

charged shall be no more than is necessary to cover the expenses incurred

in providing the seminar. All technical representatives who install, repair,

adjust or calibrate a device and certify such devices shall be required to

pass the state examination annually. Each technical representative license

shall expire on June 30 following issuance of the license and shall be void

unless renewed prior to the expiration.

(d) No service company license may be issued or renewed under this

section until the applicant's weights and measures have been tested for

accuracy and sealed by the secretary. The secretary is authorized to accept

a certification of the accuracy of the applicant's weights or measures is-

sued by the national institute of standards and technology, by a weights

and measures laboratory certified by the national institute of standards

and technology, or by the appropriate certifying agency of another state

in lieu of a test by the secretary, if such certificate shows that the weights

or measures have been tested within the 12 calendar months next pre-

ceding the license application.

(e) The secretary shall remit all moneys received under this section

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 weights and measures fee fund.

New Sec. 27. There is hereby created a fertilizer and pesticide com-

pliance and administration fund. All moneys credited to the fund shall be

expended to the fertilizer and pesticide program under the supervision

of the secretary of agriculture for the purpose of administration and as-

suring compliance with the applicable provisions of Kansas law. All ex-

penditures shall be made in accordance with the appropriations acts upon

warrants of the director of accounts and reports issued pursuant to vouch-

ers approved by the secretary of agriculture or by a person designated by

the secretary.

Sec. 28. K.S.A. 2-1205, 2-2204, 2-2440, 2-2440b, 2-2441a, 2-2443a,

2-2445a, 2-2805, 2-2806, 2-2905, 2-2906, 2-3304, 2-3306, 2-3318 and 82a-

727 and K.S.A. 2001 Supp. 65-771, 65-775, 65-778, 65-781, 65-782, 65-

789, 82a-708a, 82a-708b, 82a-714, 83-302 and 83-402 are hereby re-

pealed.

Sec. 29. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 29, 2002.


__________




Date Composed: 10/10/2002 Date Modified: 10/10/2002