Session Law

Identifying Information:L. 2003 ch. 118
Other Identifying Information:2003 Senate Bill 131
Tax Type:Other
Brief Description:An Act concerning livestock; relating to water and soil pollution control and prevention; concerning livestock markets; annual permit fees for truck washing facilities; inspection; amending K.S.A. 65-166a, 65-171d and 65-6a18 and repealing the existing sections.
Keywords:


Body:

CHAPTER 118

SENATE BILL No. 131


An Act concerning livestock; relating to water and soil pollution control and prevention;

concerning livestock markets; annual permit fees for truck washing facilities; inspection;


amending K.S.A. 65-166a, 65-171d and 65-6a18 and repealing the existing sections.


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

Section 1. K.S.A. 65-166a is hereby amended to read as follows: 65-

166a. (a) The secretary of health and environment is authorized and di-

rected to establish by duly adopted rules or regulations a schedule of fees

to defray all or any part of the costs of administering the water pollution

control permit system established by K.S.A. 65-165 and 65-166, and

amendments thereto. The amount of the fees so established shall be

based upon the quantity of raw wastes or treated wastes to be discharged,

units of design capacity of treatment facilities or structures, numbers of

potential pollution units, physical or chemical characteristics of discharges

and staff time necessary for review and evaluation of proposed projects.

In establishing the fee schedule, the secretary of health and environment

shall not assess fees for permits required in the extension of a sewage

collection system, but such fees shall be assessed for all treatment devices,

facilities or discharges where a permit is required by law and is issued by

the secretary of health and environment or the secretary's designated

representative. Such fees shall be nonrefundable.

(b) Any such permit for which a fee is assessed shall expire five years

from the date of its issuance. The secretary of health and environment

may issue permits pursuant to K.S.A. 65-165, and amendments thereto,

for terms of less than five years, if the secretary determines valid cause

exists for issuance of the permit with a term of less than five years. The

minimum fee assessed for any permit issued pursuant to K.S.A. 65-165,

and amendments thereto, shall be for not less than one year. Permit fees

may be assessed and collected on an annual basis and failure to pay the

assessed fee shall be cause for revocation of the permit. Any permit which

has expired or has been revoked may be reissued upon payment of the

appropriate fee and submission of a new application for a permit as pro-

vided in K.S.A. 65-165 and 65-166, and amendments thereto.

(c) A permit shall be required for:

(1) Any confined feeding facility with an animal unit capacity of 300

to 999 if the secretary determines that the facility has significant water

pollution potential; and

(2) any confined feeding facility with an animal unit capacity of 1,000

or more.

(d) At no time shall the annual permit fee for a confined feeding

facility exceed:

(1) $25 for facilities with an animal unit capacity of not more than

999;

(2) $100 for facilities with an animal unit capacity of 1,000 to 4,999;

(3) $200 for facilities with an animal unit capacity of 5,000 to 9,999;

or

(4) $400 for facilities with an animal unit capacity of 10,000 or more.

(e) Annual permit fees for any truck washing facility for animal

wastes shall be as follows:

(1) For a private truck washing facility for animal wastes with two

or fewer trucks, not more than $25;

(2) for a private truck washing facility for animal wastes with three

or more trucks, not more than $200; and

(3) for a commercial truck washing facility for animal wastes, not

more than $320.

(e) (f) The secretary of health and environment shall remit all moneys

received from the fees established pursuant to this act to the state trea-

surer in accordance with the provisions of K.S.A. 75-4215, and amend-

ments thereto. Upon receipt of each such remittance, the state treasurer

shall deposit the entire amount in the state treasury to the credit of the

state general fund.

(f) (g) Any confined feeding facility with an animal unit capacity of

less than 300 may be required to obtain a permit from the secretary if

the secretary determines that such facility has significant water pollution

potential.

(g) (h) Any confined feeding facility not otherwise required to obtain

a permit or certification may obtain a permit or certification from the

secretary. Any such facility obtaining a permit shall pay an annual permit

fee of not more than $25.

Sec. 2. K.S.A. 65-171d is hereby amended to read as follows: 65-

171d. (a) For the purpose of preventing surface and subsurface water

pollution and soil pollution detrimental to public health or to the plant,

animal and aquatic life of the state, and to protect designated uses of the

waters of the state and to require the treatment of sewage predicated

upon technologically based effluent limitations, the secretary of health

and environment shall make such rules and regulations, including regis-

tration of potential sources of pollution, as may in the secretary's judg-

ment be necessary to: (1) Protect the soil and waters of the state from

pollution resulting from underground storage of liquid petroleum gas and

hydrocarbons, other than underground porosity storage of natural gas; (2)

control the disposal, discharge or escape of sewage as defined in K.S.A.

65-164 and amendments thereto, by or from municipalities, corporations,

companies, institutions, state agencies, federal agencies or individuals and

any plants, works or facilities owned or operated, or both, by them; and

(3) establish water quality standards for the waters of the state to protect

their designated uses. In no event shall the secretary's authority be in-

terpreted to include authority over the beneficial use of water, water

quantity allocations, protection against water use impairment of a bene-

ficial use, or any other function or authority under the jurisdiction of the

Kansas water appropriation act, K.S.A. 82a-701, and amendments thereto.

(b) The secretary of health and environment may adopt by reference

any regulation relating to water quality and effluent standards promul-

gated by the federal government pursuant to the provisions of the federal

clean water act and amendments thereto, as in effect on January 1, 1989,

which the secretary is otherwise authorized by law to adopt.

(c) For the purposes of this act, including K.S.A. 65-161 through 65-

171h and K.S.A. 65-1,178 through 65-1,198, and amendments thereto,

and rules and regulations adopted pursuant thereto:

(1) ``Pollution'' means: (A) Such contamination or other alteration of

the physical, chemical or biological properties of any waters of the state

as will or is likely to create a nuisance or render such waters harmful,

detrimental or injurious to public health, safety or welfare, or to the plant,

animal or aquatic life of the state or to other designated uses; or (B) such

discharge as will or is likely to exceed state effluent standards predicated

upon technologically based effluent limitations.

(2) ``Confined feeding facility'' means any lot, pen, pool or pond: (A)

Which is used for the confined feeding of animals or fowl for food, fur

or pleasure purposes; (B) which is not normally used for raising crops;

and (C) in which no vegetation intended for animal food is growing.

(3) ``Animal unit'' means a unit of measurement calculated by adding

the following numbers: The number of beef cattle weighing more than

700 pounds multiplied by 1.0; plus the number of cattle weighing less

than 700 pounds multiplied by 0.5; plus the number of mature dairy cattle

multiplied by 1.4; plus the number of swine weighing more than 55

pounds multiplied by 0.4; plus the number of swine weighing 55 pounds

or less multiplied by 0.1; plus the number of sheep or lambs multiplied

by 0.1; plus the number of horses multiplied by 2.0; plus the number of

turkeys multiplied by 0.018; plus the number of laying hens or broilers,

if the facility has continuous overflow watering, multiplied by 0.01; plus

the number of laying hens or broilers, if the facility has a liquid manure

system, multiplied by 0.033; plus the number of ducks multiplied by 0.2.

However, each head of cattle will be counted as one full animal unit for

the purpose of determining the need for a federal permit. ``Animal unit''

also includes the number of swine weighing 55 pounds or less multiplied

by 0.1 for the purpose of determining applicable requirements for new

construction of a confined feeding facility for which a permit or registra-

tion has not been issued before January 1, 1998, and for which an appli-

cation for a permit or registration and plans have not been filed with the

secretary of health and environment before January 1, 1998, or for the

purpose of determining applicable requirements for expansion of such

facility. However, each head of swine weighing 55 pounds or less shall be

counted as 0.0 animal unit for the purpose of determining the need for

a federal permit. Except as otherwise provided, animal units for public

livestock markets shall be determined by using the average annual animal

units sold by the market during the past five calendar years divided by

365. Such animal unit determination may be adjusted by the department

if the public livestock market submits documentation that demonstrates

that such adjustment is appropriate based on the amount of time in 24-

hour increments or partials thereof that animals are at the market.

(4) ``Animal unit capacity'' means the maximum number of animal

units which a confined feeding facility is designed to accommodate at any

one time.

(5) ``Habitable structure'' means any of the following structures which

is occupied or maintained in a condition which may be occupied and

which, in the case of a confined feeding facility for swine, is owned by a

person other than the operator of such facility: A dwelling, church, school,

adult care home, medical care facility, child care facility, library, com-

munity center, public building, office building or licensed food service or

lodging establishment.

(6) ``Wildlife refuge'' means Cheyenne Bottoms wildlife management

area, Cheyenne Bottoms preserve and Flint Hills, Quivera, Marais des

Cygnes and Kirwin national wildlife refuges.

(d) In adopting rules and regulations, the secretary of health and en-

vironment, taking into account the varying conditions that are probable

for each source of sewage and its possible place of disposal, discharge or

escape, may provide for varying the control measures required in each

case to those the secretary finds to be necessary to prevent pollution. If

a freshwater reservoir or farm pond is privately owned and where com-

plete ownership of land bordering the reservoir or pond is under common

private ownership, such freshwater reservoir or farm pond shall be ex-

empt from water quality standards except as it relates to water discharge

or seepage from the reservoir or pond to waters of the state, either surface

or groundwater, or as it relates to the public health of persons using the

reservoir or pond or waters therefrom.

(e) (1) Whenever the secretary of health and environment or the

secretary's duly authorized agents find that storage or disposal of salt

water not regulated by the state corporation commission or refuse in any

surface pond not regulated by the state corporation commission is causing

or is likely to cause pollution of soil or waters of the state, the secretary

or the secretary's duly authorized agents shall issue an order prohibiting

such storage or disposal of salt water or refuse. Any person aggrieved by

such order may within 15 days of service of the order request in writing

a hearing on the order.

(2) Upon receipt of a timely request, a hearing shall be conducted in

accordance with the provisions of the Kansas administrative procedure

act.

(3) Any action of the secretary pursuant to this subsection is subject

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

ment of agency actions.

(f) The secretary may adopt rules and regulations establishing fees

for plan approval, monitoring and inspecting underground or buried pe-

troleum products storage tanks, for which the annual fee shall not exceed

$5 for each tank in place.

(g) Prior to any new construction of a confined feeding facility with

an animal unit capacity of 300 to 999, such facility shall register with the

secretary of health and environment. Facilities with a capacity of less than

300 animal units may register with the secretary. Any such registration

shall be accompanied by a $25 fee. Within 30 days of receipt of such

registration, the department of health and environment shall identify any

significant water pollution potential or separation distance violations pur-

suant to subsection (h). If there is identified a significant water pollution

potential, such facility shall be required to obtain a permit from the sec-

retary. If there is no water pollution potential posed by a facility with an

animal unit capacity of less than 300, the secretary may certify that no

permit is required. If there is no water pollution potential nor any viola-

tion of separation distances posed by a facility with an animal unit capacity

of 300 to 999, the secretary shall certify that no permit is required and

that there are no certification conditions pertaining to separation dis-

tances. If a separation distance violation is identified, the secretary may

reduce the separation distance in accordance with subsection (i) and shall

certify any such reduction of separation distances.

(h) (1) Any new construction or new expansion of a confined feeding

facility, other than a confined feeding facility for swine, shall meet or

exceed the following requirements in separation distances from any hab-

itable structure in existence when the application for a permit is submit-

ted:

(A) 1,320 feet for facilities with an animal unit capacity of 300 to 999;

and

(B) 4,000 feet for facilities with an animal unit capacity of 1,000 or

more.

(2) A confined feeding facility for swine shall meet or exceed the

following requirements in separation distances from any habitable struc-

ture or city, county, state or federal park in existence when the application

for a permit is submitted:

(A) 1,320 feet for facilities with an animal unit capacity of 300 to 999;

(B) 4,000 feet for facilities with an animal unit capacity of 1,000 to

3,724;

(C) 4,000 feet for expansion of existing facilities to an animal unit

capacity of 3,725 or more if such expansion is within the perimeter from

which separation distances are determined pursuant to subsection (k) for

the existing facility; and

(D) 5,000 feet for: (i) Construction of new facilities with an animal

unit capacity of 3,725 or more; or (ii) expansion of existing facilities to an

animal unit capacity of 3,725 or more if such expansion extends outside

the perimeter from which separation distances are determined pursuant

to subsection (k) for the existing facility.

(3) Any construction of new confined feeding facilities for swine shall

meet or exceed the following requirements in separation distances from

any wildlife refuge:

(A) 10,000 feet for facilities with an animal unit capacity of 1,000 to

3,724; and

(B) 16,000 feet for facilities with an animal unit capacity of 3,725 or

more.

(i) (1) The separation distance requirements of subsections (h)(1)

and (2) shall not apply if the applicant for a permit obtains a written

agreement from all owners of habitable structures which are within the

separation distance stating such owners are aware of the construction or

expansion and have no objections to such construction or expansion. The

written agreement shall be filed in the register of deeds office of the

county in which the habitable structure is located.

(2) (A) The secretary may reduce the separation distance require-

ments of subsection (h)(1) if: (i) No substantial objection from owners of

habitable structures within the separation distance is received in response

to public notice; or (ii) the board of county commissioners of the county

where the confined feeding facility is located submits a written request

seeking a reduction of separation distances.

(B) The secretary may reduce the separation distance requirements

of subsection (h)(2)(A) or (B) if: (i) No substantial objection from owners

of habitable structures within the separation distance is received in re-

sponse to notice given in accordance with subsection (l); (ii) the board of

county commissioners of the county where the confined feeding facility

is located submits a written request seeking a reduction of separation

distances; or (iii) the secretary determines that technology exists that

meets or exceeds the effect of the required separation distance and the

facility will be using such technology.

(C) The secretary may reduce the separation distance requirements

of subsection (h)(2)(C) or (D) if: (i) No substantial objection from owners

of habitable structures within the separation distance is received in re-

sponse to notice given in accordance with subsection (l); or (ii) the sec-

retary determines that technology exists that meets or exceeds the effect

of the required separation distance and the facility will be using such

technology.

(j) (1) The separation distances required pursuant to subsection

(h)(1) shall not apply to:

(A) Confined feeding facilities which were permitted or certified by

the secretary on July 1, 1994;

(B) confined feeding facilities which existed on July 1, 1994, and reg-

istered with the secretary before July 1, 1996; or

(C) expansion of a confined feeding facility, including any expansion

for which an application was pending on July 1, 1994, if: (i) In the case

of a facility with an animal unit capacity of 1,000 or more prior to July 1,

1994, the expansion is located at a distance not less than the distance

between the facility and the nearest habitable structure prior to the ex-

pansion; or (ii) in the case of a facility with an animal unit capacity of less

than 1,000 prior to July 1, 1994, the expansion is located at a distance not

less than the distance between the facility and the nearest habitable struc-

ture prior to the expansion and the animal unit capacity of the facility

after expansion does not exceed 2,000.

(2) The separation distances required pursuant to subsections

(h)(2)(A) and (B) shall not apply to:

(A) Confined feeding facilities for swine which were permitted or

certified by the secretary on July 1, 1994;

(B) confined feeding facilities for swine which existed on July 1, 1994,

and registered with the secretary before July 1, 1996; or

(C) expansion of a confined feeding facility which existed on July 1,

1994, if: (i) In the case of a facility with an animal unit capacity of 1,000

or more prior to July 1, 1994, the expansion is located at a distance not

less than the distance between the facility and the nearest habitable struc-

ture prior to the expansion; or (ii) in the case of a facility with an animal

unit capacity of less than 1,000 prior to July 1, 1994, the expansion is

located at a distance not less than the distance between the facility and

the nearest habitable structure prior to the expansion and the animal unit

capacity of the facility after expansion does not exceed 2,000.

(3) The separation distances required pursuant to subsections

(h)(2)(C) and (D) and (h)(3) shall not apply to the following, as deter-

mined in accordance with subsections (a), (e) and (f) of K.S.A. 65-1,178

and amendments thereto:

(A) Expansion of an existing confined feeding facility for swine if an

application for such expansion has been received by the department be-

fore March 1, 1998; and

(B) construction of a new confined feeding facility for swine if an

application for such facility has been received by the department before

March 1, 1998.

(k) The separation distances required by this section for confined

feeding facilities for swine shall be determined from the exterior perim-

eter of any buildings utilized for housing swine, any lots containing swine,

any swine waste retention lagoons or ponds or other manure or waste-

water storage structures and any additional areas designated by the ap-

plicant for future expansion. Such separation distances shall not apply to

offices, dwellings and feed production facilities of a confined feeding fa-

cility for swine.

(l) The applicant shall give the notice required by subsections

(i)(2)(B) and (C) by certified mail, return receipt requested, to all owners

of habitable structures within the separation distance. The applicant shall

submit to the department evidence, satisfactory to the department, that

such notice has been given.

(m) All plans and specifications submitted to the department for new

construction or new expansion of confined feeding facilities may be, but

are not required to be, prepared by a professional engineer or a consult-

ant, as approved by the department. Before approval by the department,

any consultant preparing such plans and specifications shall submit to the

department evidence, satisfactory to the department, of adequate general

commercial liability insurance coverage.

Sec. 3. K.S.A. 65-6a18 is hereby amended to read as follows: 65-

6a18. As used in this act:

(a) ``Secretary'' means the secretary of the state board of agriculture.

(b) ``Person'' means any individual, partnership, firm, corporation, as-

sociation or other business unit or governmental entity.

(c) ``Meat broker'' means any person, firm or corporation engaged in

the business of buying or selling carcasses, parts of carcasses, meat or

meat food products of livestock on commission, or otherwise negotiating

purchases or sales of such articles other than for the person's own account

or as an employee of another person.

(d) ``Poultry products broker'' means any person engaged in the busi-

ness of buying or selling poultry products on commission, or otherwise

negotiating purchases or sales of such articles other than for the person's

own account or as an employee of another person.

(e) ``Animal food manufacturer'' means any person engaged in the

business of manufacturing or processing animal food derived wholly or

in part from carcasses, or parts or products of the carcasses, of livestock,

domestic rabbits or poultry.

(f) ``Intrastate commerce'' means commerce within the state of Kan-

sas.

(g) ``Meat food product'' means any product capable of use as human

food which is made wholly or in part from any meat or other portions of

the carcasses of any livestock or domestic rabbits, excepting products

which contain meat or other portions of such carcasses only in a relatively

small proportion or historically have not been considered by consumers

as products of the meat food industry and which are exempted from

definition as a meat food product by the secretary under such conditions

as the secretary may prescribe to assure that the meat or other portions

of such carcasses contained in such product are not adulterated and that

such products are not represented as meat food products.

(h) ``Poultry'' means any domesticated bird, whether live or dead.

(i) ``Poultry product'' means any poultry carcass, or part thereof or

any product which is made wholly or in part from any poultry carcass or

part thereof, excepting products which contain poultry ingredients only

in a relatively small proportion or historically have not been considered

by consumers as products of the poultry food industry and which are

exempted by the secretary from definition as a poultry product under

such conditions as the secretary may prescribe to assure that the poultry

ingredients in such products are not adulterated and that such products

are not represented as poultry products.

(j) ``Capable of use as human food'' means any carcass, or part or

product of a carcass, of any animal unless it is denatured or otherwise

identified as required by regulations adopted by the state board of agri-

culture to deter its use as human food or it is naturally inedible by hu-

mans.

(k) ``Prepared'' means slaughtered, canned, salted, rendered, boned,

cut up or otherwise manufactured or processed.

(l) ``Adulterated'' means any carcass, or part thereof, any meat or

meat food product, or any poultry or poultry product under one or more

of the following circumstances:

(1) If the product bears or contains any poisonous or deleterious sub-

stance which may render it injurious to health, except that if the substance

is not an added substance, the product shall not be considered adulterated

if the quantity of such substance on or in the product does not render it

injurious to health;

(2) (A) if the product bears or contains, by reason of administration

by feeding or by injection of any substance to the live animal or otherwise,

any added poisonous or added deleterious substance, other than one

which is (i) a pesticide chemical in or on a raw agricultural commodity;

(ii) a food additive; or (iii) a color additive, which, in the judgment of the

secretary, may make the product unfit for human food;

(B) if the product is, in whole or in part, a raw agricultural commodity

and bears or contains a pesticide chemical which is unsafe within the

meaning of rules and regulations adopted by the state board of agricul-

ture;

(C) if the product bears or contains any food additive which is

deemed unsafe in accordance with rules and regulations adopted by the

state board of agriculture;

(D) if the product bears or contains any color additive which is

deemed unsafe in accordance with rules and regulations adopted by the

state board of agriculture; or

(E) any such product which is not adulterated under provisions (B),

(C) or (D) shall nevertheless be deemed adulterated if the use of the

pesticide chemical, the food additive or the color additive on or in such

product is prohibited by rules and regulations of the state board of agri-

culture in establishments at which inspection is maintained under this

act;

(3) if the product consists, in whole or in part, of any filthy, putrid or

decomposed substance or is for any other reason unsound, unhealthful,

unwholesome or otherwise unfit for human food;

(4) if the product has been prepared, packed or held under insanitary

conditions whereby it may have become contaminated with filth or

whereby it may have been rendered injurious to health;

(5) if the product is, in whole or in part, the product of an animal

which has died otherwise than by slaughter;

(6) if the container for the product is composed, in whole or in part,

of any poisonous or deleterious substance which may render the contents

injurious to health;

(7) if the product has been intentionally subjected to radiation, unless

the use of the radiation was in conformity with a regulation or exemption

in effect pursuant to rules and regulations adopted by the state board of

agriculture;

(8) (A) if any valuable constituent on or in the product has been, in

whole or in part, omitted or abstracted therefrom;

(B) if any substance has been extracted and substitution made there-

for, in whole or in part, or if any damage to, or inferiority of, the product

has been concealed in any manner; or

(C) if any substance has been added to such product, or if any sub-

stance has been mixed or packed therewith, so as (i) to increase the bulk

or weight of the product (ii) to reduce the quality or strength of the

product or (iii) to make the product appear better or of greater value than

it is, except that this provision does not apply to any cured or smoked

pork product by reason of its containing added water; or

(9) if the product is a margarine containing animal fat and if any of

the raw material used therein consisted, in whole or in part, of any filthy,

putrid or decomposed substance.

(m) ``Misbranded'' means any carcass, part thereof, meat or meat

food product, or poultry or poultry product, under any one or more of

the following circumstances:

(1) If the labeling on the product or product container is false or

misleading in any particular;

(2) if the product is offered for sale under the name of another food;

(3) if the product is an imitation of another food, unless its label bears,

in type of uniform size and prominence, the word ``imitation'' and im-

mediately thereafter, the name of the food imitated;

(4) if the container on the product is so made, formed or filled as to

be misleading;

(5) if the product is in a package or other container, unless it bears a

label showing (A) the name and place of business of the manufacturer,

packer or distributor and (B) an accurate statement of the quantity of the

contents in terms of weight, measure or numerical count; under clause

(A) of this provision, reasonable variations may be permitted and exemp-

tions as to small packages may be established by rules and regulations

adopted by the state board of agriculture;

(6) if any word, statement or other information, which is required by

or under authority of this act to appear on the label or other labeling for

the product, is not prominently placed thereon with such conspicuousness

(as compared with other words, statements, designs or devices in the

labeling) and in such terms as to render it likely to be read and understood

by the ordinary individual under customary conditions of purchase and

use;

(7) if the product purports to be, or is represented to be, a food for

which a definition and standard of identity or composition has been pre-

scribed by rules and regulations of the state board of agriculture, unless

(A) it conforms to such definition and standard and (B) the label thereon

bears the name of the food specified in the definition and standard, and

insofar as may be required by such rules and regulations, the common

names of optional ingredients (other than spices, flavoring and coloring)

present in such food;

(8) if the product purports to be, or is represented to be, a food for

which a standard of fill of container has been prescribed by rules and

regulations of the state board of agriculture and if such product falls below

the standard of fill of container applicable thereto, unless its label bears,

in such manner and form as such rules and regulations specify, a state-

ment that it falls below such standard;

(9) if the product is not subject to provision (7), unless its label bears

(A) the common or usual name of the food, if there is any, and (B) in

case it is fabricated from two or more ingredients, the common or usual

name of each such ingredient, except that spices, flavorings and colorings,

when authorized by the secretary, may be designated as spices, flavorings

and colorings without naming each; to the extent that compliance with

the requirements of clause (B) of this provision is impracticable or results

in deception or unfair competition, exemptions shall be established by

rules and regulations adopted by the state board of agriculture;

(10) if the product purports to be, or is represented to be, for special

dietary uses, unless its label bears such information concerning its vita-

min, mineral and other dietary properties as the secretary, after consul-

tation with the secretary of agriculture of the United States, determines

to be, and by rules and regulations adopted by the state board of agri-

culture are prescribed to be, necessary in order to fully inform a purchaser

as to its value for such uses;

(11) if the product bears or contains any artificial flavoring, artificial

coloring or chemical preservative, unless it bears labeling stating that fact;

to the extent that compliance with the requirements of this provision is

impracticable, exemptions shall be established by rules and regulations

adopted by the state board of agriculture; or

(12) if the product fails to bear directly thereon, or on the product

container, as the state board of agriculture may prescribe by rules and

regulations, the inspection legend unrestricted by any of the foregoing

and such other information as the state board of agriculture may require

in such rules and regulations to assure that the product will not have any

false or misleading labeling and that the public will be informed of the

manner of handling required to maintain the product in a wholesome

condition.

(n) ``Label'' means a display of written, printed or graphic matter

upon the immediate container (not including package liners) of any ar-

ticle.

(o) ``Labeling'' means all labels and other written, printed or graphic

matter (1) upon any article or any of its containers or wrappers or (2)

accompanying the article.

(p) ``Federal meat inspection act'' means the act so entitled, approved

March 4, 1907, (21 U.S.C.A. 601 et seq., 34 Stat. 1260) as amended by

the federal wholesome meat act (8 Stat. 584).

(q) ``Federal food, drug and cosmetic act'' means the act so entitled,

approved June 25, 1938, (21 U.S.C.A. 301 et seq., 52 Stat. 1040) and acts

amendatory thereof or supplementary thereto.

(r) ``Federal poultry products inspection act'' means the act so enti-

tled, approved August 28, 1957, (21 U.S.C.A. 451 et seq., 71 Stat. 441) as

amended by the federal wholesome poultry products act (82 Stat. 791).

(s) ``Pesticide chemical,'' ``food additive,'' ``color additive'' and ``raw

agricultural commodity'' have the meanings for purposes of this act as

ascribed thereto under K.S.A. 65-656 and amendments thereto.

(t) ``Official mark'' means the official inspection legend or any other

symbol prescribed by rules and regulations of the state board of agricul-

ture to identify the status of any article or animal under this act.

(u) ``Official inspection legend'' means any symbol prescribed by

rules and regulations of the state board of agriculture showing that an

article was inspected and passed in accordance with this act.

(v) ``Official certificate'' means any certificate prescribed by rules and

regulations of the state board of agriculture for issuance by an inspector

or other person performing official functions under this act.

(w) ``Official device'' means any device prescribed or authorized by

the state board of agriculture for use in applying any official mark.

(x) ``Slaughterhouse'' means any plant which carries on the slaughter

and dressing of animals but which does not engage in the further proc-

essing of meat into meat food products.

(y) ``Packing plant'' or ``packing house'' means any installation proc-

essing meat into meat food products.

(z) ``Buffalo'' means the American buffalo or bison (Bos, Bison bison

or Bison americanus).

(aa) ``Livestock'' means cattle, buffaloes, sheep, swine, goats, domes-

ticated deer, all creatures of the ratite family that are not indigenous to

this state, including but not limited to ostriches, emus and rheas or horses,

mules or other equines. Livestock shall not include buffalo or domesti-

cated deer slaughtered for sport or recreational purpose.

(bb) ``Slaughter facility'' means a slaughterhouse or poultry dressing

plant.

(cc) ``Processing facility'' means a packing house, sausage plant or

poultry packing plant.

(dd) ``Domesticated deer'' means any member of the family cervidae

which was legally obtained and is being sold or raised in a confined area

for breeding stock; for any carcass, skin or part of such animal; for exhi-

bition; or for companionship.

Sec. 4. K.S.A. 65-166a, 65-171d and 65-6a18 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003