2-2205. (a) The secretary is authorized, after opportunity for a hearing: (1) To declare as a pest any form of plant or animal life or virus which is injurious to plants, men, domestic animals, articles, or substances; (2) to determine whether agricultural chemicals are highly toxic to man; (3) to determine standards of coloring or discoloring for agricultural chemicals; and (4) to subject agricultural chemicals to the requirements of K.S.A. 2-2203(a)(6), and amendments thereto.
(b) The secretary is authorized, after due public hearing, to make appropriate rules and regulations for carrying out the provisions of this act, including rules and regulations providing for the collection and examination of samples of agricultural chemicals.
(c) In order to avoid confusion endangering the public health and safety resulting from diverse requirements, particularly as to the labeling and coloring of agricultural chemicals and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such products, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such products. To this end the secretary is authorized, after due public hearing, to adopt regulations, applicable to and in conformity with the primary standards established by this act; or as have or may be prescribed by the EPA with respect to agricultural chemicals or pesticides.
History: L. 1947, ch. 10, § 5; L. 2009, ch. 128, § 5; July 1.
Law Review and Bar Journal References:
Water quality regulation in Kansas, George Cameron Coggins, 21 K.L.R. 1, 31 (1972).
"Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas," Richard E. Levy, 42 K.L.R. 265, 266 (1994).
CASE ANNOTATIONS
1. Cited; whether rabon oral larracide is a "harmful material" under K.S.A. 60-3303 triggering four-year statute of repose examined. Koch v. Shell Oil Co., 820 F. Supp. 1336, 1344 (1993).
2. Cited; statutory system where Kansas board of agriculture is elected by farm organization delegates violates equal protection. Hellebust v. Brownback, 824 F. Supp. 1511, 1514 (1993).