Kansas Statutes

Chapter 2.—AGRICULTURE

• Article 1.—STATE AND OTHER AGRICULTURAL SOCIETIES AND FAIRS

  • MISCELLANEOUS PROVISIONS

    2-101 Repealed.
  • 2-102 Repealed.
  • 2-103 Repealed.
  • 2-104, 2-105 Repealed.
  • 2-106 Repealed.
  • 2-107 Repealed.
  • 2-108 Repealed.
  • 2-109 Repealed.
  • 2-110, 2-111 Repealed.
  • 2-112 Repealed.
  • 2-113 through 2-115 Repealed.
  • 2-116 through 2-118 Repealed.
  • 2-119 Repealed.
  • 2-120 Repealed.
  • 2-121 Repealed.
  • 2-122 Repealed.
  • 2-123 Repealed.
  • 2-123a Repealed.
  • 2-124 Repealed.
  • 2-124a through 2-124d Repealed.

  • COUNTY FAIRS AND AGRICULTURAL SOCIETIES

    2-125 Definitions.
  • 2-126 Purposes.
  • 2-127 Organization of association; recognition, number.
  • 2-128 Election of directors and officers; terms.
  • 2-129 County aid; amount; tax levies, use of proceeds.
  • 2-129a Expenditures prior to June 30, 1965, confirmed.
  • 2-129b Rental or lease of grounds or buildings by commissioners; limitations; use of lease moneys.
  • 2-129c Tax levies for fair purposes in certain counties; use of proceeds.
  • 2-129d Same; election, when.
  • 2-129e Tax levies for fair purposes in certain counties; use of proceeds.
  • 2-129f Same; election, when.
  • 2-129g Tax levy for fair purposes; Montgomery county.
  • 2-129h Same; election, when.
  • 2-129i Tax levies for fair associations in urban area counties; use of proceeds; protest petition and election.
  • 2-130 Levy; estimates, time for submission.
  • 2-131 Payment; apportionment between fairs.
  • 2-131a Certain counties having fair associations; tax levy for buildings and grounds, use of proceeds.
  • 2-131b Counties having fair associations; tax levy for buildings, use of proceeds; protest petition and election.
  • 2-131c Tax levy in certain counties for buildings and maintenance thereof; request.
  • 2-131d Certain counties having fair associations; tax levy for buildings and grounds, use of proceeds.
  • 2-131e No-fund warrants for purchase of grounds, erection and maintenance of buildings; limitation; tax levies.
  • 2-131f Ellis county; acquisition of land for fairground expansion; petition; election.
  • 2-132 County free fair; petition and election; purchase of grounds; tax levy, use of proceeds; admission to fair.
  • 2-132a Repealed.
  • 2-132b Contributions to payment of premiums awarded in adjoining counties.
  • 2-133 Control by county; appointment of directors.
  • 2-134 Repealed.
  • 2-135 State fair board, community fair associations and county fair associations; eminent domain.
  • 2-136 Mortgage of property.
  • 2-137 Forfeiture of benefits and recognition; exemption; discontinuance during wartime.
  • 2-138 Misrepresentation; penalty.
  • 2-139 Withholding county aid; causes.
  • 2-140 Trespassing on fairgrounds; penalty.
  • 2-141 Intent of law; not applicable to certain counties.
  • 2-141a Invalidity of K.S.A. 2-125 through 2-141.
  • 2-142 City aid for county fairs in certain counties; levy.
  • 2-143 County aid; when, amount, purposes.
  • 2-144 Fair board; how appointed; organization.
  • 2-144a through 2-144c Repealed.
  • 2-144d Fairs in certain counties; designation as an official fair association.
  • 2-145 County poultry show association; county aid, amount; conditions.
  • 2-145a Tax levies for fair building in certain counties.

  • JOINT DISTRICT FAIRS

    2-146 through 2-151 Repealed.
  • 2-152 Repealed.
  • 2-153 through 2-155 Repealed.
  • 2-156, 2-157 Repealed.

  • SHAWNEE COUNTY FAIR ASSOCIATION

    2-158 Board of directors, annual election meetings, terms, vacancies; recognition of association by state board of agriculture.
  • 2-159 Same; annual meeting; executive board; treasurer, surety bond.
  • 2-160 Treasurer; deposit and disbursement of association funds; annual report thereof.
  • 2-161 Bylaws governing conduct of fair; annual budget.
  • 2-162 Tax levy; use of proceeds; protest petition and election.
  • 2-163 Officially recognized county fair and livestock show associations; continuation.
• Article 2.—STATE FAIR
  • Cross References to Related Sections:

    State fair board, see 74-520a et seq.

  • 2-201 State fair at Hutchinson; unlawful acts.
  • 2-202 State fairgrounds and buildings; use for other purposes.
  • 2-202a Same; listing for taxation.
  • 2-202b Same; razing, repair, maintenance or remodeling of frame buildings.
  • 2-203 Moneys for county exhibits.
  • 2-204 Repealed.
  • 2-205 State fair fee fund; authorized uses and procedures for fair and nonfair days events; employees for state fair, background check; reports of activity; fair board local bank accounts; change funds.
  • 2-205a Contract for supplies and services prior to fair; filing and payment.
  • 2-205b Same; fair attractions; livestock feed and bedding; advertising media.
  • 2-206 Authority of Reno county commissioners.
  • 2-207 Repealed.
  • 2-208 Repealed.
  • 2-209 Repealed.
  • 2-210 Repealed.
  • 2-211 Repealed.
  • 2-212 Repealed.
  • 2-213 Automobile display building; rental.
  • 2-214 Fire station or office buildings on fairgrounds; abandonment.
  • 2-215 Easements to city of Hutchinson, certain.
  • 2-216 Admission charges for state fair at Hutchinson; refunds; disposition of fees collected.
  • 2-217 Construction of wheat commemorative building on state fairgrounds; agreement of state fair board and wheat centennial committee.
  • 2-218 Same; acceptance and expenditure of funds by wheat centennial committee.
  • 2-219 Contracts for use of state fairgrounds by city of Hutchinson.
  • 2-220 State fair special cash fund; change fund for use during fair; procedures and restrictions; sureties required.
  • 2-221 Capital improvements on state fairgrounds for parimutuel racing; agreements authorized.
  • 2-222 Grant and receipt of certain easements and property by state fair board.
  • 2-223 State fair capital improvements fund; authorized use; Kansas development finance authority, revenue bonds authorized; annual transfers to fund; certification of amounts by state fair board.
  • 2-224 Purchase of certain insurance by board.
  • 2-224a Purchase of workers compensation insurance by board.
  • 2-225 Agreement with Hutchinson community foundation; approval by attorney general; donations and bequests for benefit of state fair; receipt, administration, investment and disposition of moneys.
  • 2-226 State fair debt service special revenue fund; Kansas development finance authority, revenue bonds authorized; reporting requirements.
  • 2-227 Conveyance of property in Reno county to the city of Hutchinson; reversion, when.
• Article 3.—FAIRS IN COUNTIES OVER 50,000 POPULATION
  • Cross References to Related Sections:

    Shawnee County Fair Association, see 2-158 et seq.

  • 2-301 Tax levies for fair purposes in certain counties; use of proceeds; election; premiums.
  • 2-302 Petition for tax levy election; time of election.
  • 2-303 Levies not used for speed premiums.
  • 2-304 Payments out of tax-levy funds; transfer of unexpended balances to general fund.
  • 2-305 Annual report to county commissioners by fair associations.
• Article 4.—BEES (Not in active use)
  • Cross References to Related Sections:

    Labeling of honey, unlawful acts, see 65-681 through 65-686.

    Powers and duties of state department of agriculture, see 74-515a, 74-515b.

  • 2-401 through 2-410 Repealed.
  • 2-411 Repealed.
  • 2-412 Repealed.
  • 2-413 Repealed.
  • 2-414 Repealed.
  • 2-415 Repealed.
  • 2-416 Repealed.
  • 2-417 Repealed.
  • 2-418 Repealed.
  • 2-419 through 2-421 Repealed.
  • 2-422 Repealed.
  • 2-422a Repealed.
  • 2-423 Repealed.
  • 2-424 Repealed.
  • 2-425 Repealed.
  • 2-426 Repealed.
  • 2-427 Repealed.
  • 2-428 Repealed.
• Article 5.—COUNTY DEMONSTRATION FARMS
  • 2-501 through 2-503 Repealed.
  • 2-504 Lands for demonstration farms; contracts for demonstration work.
  • 2-505 Plans for and supervision of demonstration work; seeds and plants therefor.
  • 2-506 Teams, equipment and expenses of work.
  • 2-507 Crops.
  • 2-508 Marking of plots; data and statistics.
• Article 6.—COUNTY EXTENSION

  • COUNCILS, BOARDS AND AGENTS

    2-601 Repealed.
  • 2-602 Repealed.
  • 2-603 Repealed.
  • 2-604 Repealed.
  • 2-605 Repealed.
  • 2-606 Repealed.
  • 2-607 Repealed.
  • 2-608 Compensation of extension agents; contribution from federal and state funds.
  • 2-609 Same; conditions; limitation regarding additional agents.
  • 2-610 County appropriations; budgets, approval; tax levies, use of proceeds.
  • 2-610a Repealed.
  • 2-611 County extension councils; election of members; meetings; development of programs; election, term of office, oath, powers and duties of executive board; bond of treasurer; expiration of terms; qualification of members.
  • 2-612 Deposit of moneys; duties of treasurers.
  • 2-613 Duties of county treasurers.
  • 2-614 Duties of executive board secretary; records open to public.
  • 2-615 County extension service agents; qualifications, appointment and compensation; jointly employed agents; approval of county council or district accounts and expenditures.
  • 2-616 Purpose of extension councils and districts certain fees authorized; limitations.
  • 2-617, 2-618 Repealed.
  • 2-619 Invalidity of part.
  • 2-620 Extension councils in certain counties; office facilities; tax levy, use of proceeds; protest petition and election.
  • 2-621, 2-622 Repealed.

  • EXTENSION DISTRICTS

    2-623 Extension districts, establishment or expansion; agreement therefor, terms, prior approval by attorney general; publication of notice of proposed new district or expansion, protest petition and election; district name, powers, personnel and property; governing body, appointment or election and terms of office of first members.
  • 2-624 Same; governing body, terms, filing fee, composition and election; vacancies; annual organization.
  • 2-625 Same; educational extension programs, subjects; program development committees and plans; annual budget and tax levy, limitations.
  • 2-626 Same; duties of secretary of governing body; open records.
  • 2-627 Same; duties of treasurer of governing body; bond; disposition of district moneys.
  • 2-628 Same; withdrawal of counties from extension districts; procedure; effect; disposition of property and obligations; supplemental agreements.
• Article 7.—INSECTS AND PLANT DISEASES
  • Cross References to Related Sections:

    Plant pest act, see chapter 2, article 21.

    Definition of terms, see 2-2113.

    Power and duties of state department of agriculture, see 74-515a, 74-515b.

  • 2-701 Repealed.
  • 2-702 Repealed.
  • 2-703 Repealed.
  • 2-704, 2-705 Repealed.
  • 2-706, 2-707 Repealed.
  • 2-708 through 2-711 Repealed.
  • 2-712 Black stem rust, legislative declaration.
  • 2-713 Same; public nuisances.
  • 2-714 Same; destruction and control of certain plants; barberry eradication fund.
  • 2-715 Same; exemption of certain plants.
  • 2-716 Same; enforcement of act.
  • 2-717 Same; penalty.
• Article 8.—STATE HORTICULTURAL SOCIETY
  • 2-801 State horticultural society abolished as state agency.
  • 2-802, 2-803 Repealed.
  • 2-804 Repealed.
• Article 9.—POULTRY
  • Cross References to Related Sections:

    Poultry production contracts, see 16-1701.

  • 2-901 Repealed.
  • 2-902, 2-903 Repealed.
  • 2-904 through 2-906 Repealed.
  • 2-907 Kansas department of agriculture designated as the official state agency to carry out the national poultry improvement plan.

  • POULTRY DISEASE CONTROL

    2-908 Citation of act.
  • 2-909 Definitions.
  • 2-910 National poultry improvement plan; cooperation in administration; powers and duties of commissioner.
  • 2-911 Same; "national plan hatchery" and "U.S. pullorum-typhoid clean" designations, requirements; prohibiting certain shipments into state.
  • 2-912 Same; compliance requirements for state designation.
  • 2-913 Exhibitions; pullorum-typhoid clean requirements.
  • 2-914 Reports of disease diagnosis and specimens; quarantine; disposition of infected flocks.
  • 2-915 Revocation of national plan designations; investigation.
  • 2-916 Penalties.
• Article 10.—COMMERCIAL FEEDING STUFFS
  • 2-1001 Definition of terms.
  • 2-1002 Tagging or labeling; statements.
  • 2-1003 Repealed.
  • 2-1003a Repealed.
  • 2-1004 Sale of commercial feeding stuffs; inspection fee; annual fee; permit; tonnage report; delinquency fee.
  • 2-1004a Inspection fee; reduction and restoration, when.
  • 2-1005 Repealed.
  • 2-1006 Lowering or change of analysis; determination by the secretary.
  • 2-1007 Repealed.
  • 2-1008 Samples for analysis; entry on premises, application; stop sale orders; judicial review.
  • 2-1009 Analysis of samples; procedure.
  • 2-1010 Prosecutions; notice and hearing.
  • 2-1011 Violations; civil and criminal penalties; seizure proceedings.
  • 2-1011a Repealed.
  • 2-1012 Disposition of moneys received; feeding stuffs fee fund.
  • 2-1013 Enforcement by secretary of board; rules and regulations; establishment of terms for certain ingredients.
  • 2-1014 Commercial feed license; fee; renewal; grounds to deny application or suspend license.
• Article 11.—SALE OF FARM PRODUCE
  • 2-1101 Repealed.
  • 2-1102 through 2-1105 Repealed.
  • 2-1106, 2-1107 Repealed.
  • 2-1108 Repealed.
  • 2-1109 Repealed.
  • 2-1110 Live poultry; identification of seller; purchase memorandum.
  • 2-1111 Penalty for violation of preceding section.
  • 2-1112 Fraudulent examination of records; penalty.
  • 2-1113 Dressed poultry; increasing weight prohibited.
  • 2-1114 Sale of such poultry unlawful.
  • 2-1115 Penalty for violations.
  • 2-1116 Definitions.
  • 2-1117 Prohibiting use of end intake air probes; penalty.
• Article 12.—FERTILIZERS
  • 2-1201 Definitions.
  • 2-1201a Custom blender; license; fee; label or delivery slips; contents.
  • 2-1201b Custom blenders; unlawful acts; civil penalty.
  • 2-1201c Ammonium nitrate dealers; registration; storage, security; records of sale; right to refuse sale.
  • 2-1202 Registration; application; annual fee; revocations; tonnage reports.
  • 2-1203 Repealed.
  • 2-1204 Labeling.
  • 2-1205 Commercial fertilizers; inspection fee, increase or decrease in amount; registration; records and reports; revocation of registration; penalties; disposition of moneys received.
  • 2-1206 Inspections; evidence; stop sale orders; judicial review.
  • 2-1207 Samples for inspection; refusal to permit.
  • 2-1208 Violations; misdemeanor; seizure; injunction.
  • 2-1208a Notice before prosecution; hearing; cancellation of registration; reports to county attorney.
  • 2-1209 Publication of reports.
  • 2-1209a Invalidity of K.S.A. 2-1201 through 2-1209.
  • 2-1210 Trademarks; change of analysis; rules and regulations.
  • 2-1211 Repealed.
  • 2-1212 Anhydrous ammonia; regulations.
  • 2-1213 Repealed.
  • 2-1214 Repealed.
  • 2-1215 Same; power of municipalities to regulate.
  • 2-1216 Same; duties of secretary; employees.
  • 2-1217 Same; inspection of facilities and equipment; duties of employees, owners and operators.
  • 2-1218 Same; unlawful acts.
  • 2-1219 Same; penalty for violations; injunctions; jurisdiction; hearings.
  • 2-1220 Definitions.
  • 2-1221 Fertilizer research fund; creation; use of moneys; expenditures.
  • 2-1222 Issuance of stop sale or stop use orders.
  • 2-1223 through 2-1225 Reserved.

  • HANDLING, STORAGE AND DISPOSAL OF COMMERCIAL AND BULK FERTILIZERS

    2-1226 Definitions.
  • 2-1227 Rules and regulations.
  • 2-1228 Approval of construction or alteration by the secretary; transferable.
  • 2-1229 Secretary's right to enter property; notice; compliance.
  • 2-1230 Unlawful acts.
  • 2-1231 Penalties; injunction.
  • 2-1232 Secretary may issue a stop sale or stop use order; judicial review.
  • 2-1233 Repealed.
  • 2-1234 Storage of liquid fertilizers; mobile containers; requirements.
  • 2-1235 Uniformity of fertilizer law; exclusive jurisdiction of state.
• Article 13.—WEEDS
  • Cross References to Related Sections:

    Agricultural chemical act, see chapter 2, article 22.

    Kansas State University sericea lespedeza research project, see 76-4,102.

    Law Review and Bar Journal References:

    "Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 163 (1986).

  • 2-1301 Repealed.
  • 2-1302 through 2-1305 Repealed.
  • 2-1306 Repealed.
  • 2-1307 through 2-1310 Repealed.
  • 2-1311 through 2-1313 Repealed.
  • 2-1313a Definitions.
  • 2-1314 Declaring plants as noxious weeds; control and eradication.
  • 2-1314a Repealed.
  • 2-1314b Noxious weeds; declaration of multiflora rose, bull thistle as noxious authorized.
  • 2-1314c Emergency declarations of noxious weeds.
  • 2-1314d State noxious weed advisory committee; membership; organization; duties.
  • 2-1315 Adoption of official methods for the control of noxious weeds; control districts; duties of secretary; cooperation of secretary, county agents and weed supervisors; rules and regulations.
  • 2-1316 Responsibility for enforcement; weed supervisors; duties; salary; annual surveys, progress report and submission of a prospective management plan.
  • 2-1316a Repealed.
  • 2-1317 Weed supervisors, cooperation with certain entities.
  • 2-1318 Tax levies by counties, townships and cities; budgeting through township or city general operating fund; use of proceeds; retention of records.
  • 2-1319 State political subdivision land; control and eradication of noxious weeds; failure by political subdivision to control; payment of costs.
  • 2-1319a Certification of forage, straw or mulch carried onto state land as weed free.
  • 2-1320 Unpaid costs of labor or material; itemized statement and notice to owner; penalties and interest; liens; copy of notice to register of deeds and county or city clerk; lien payable upon sale or transfer of ownership.
  • 2-1321 Filing of protests; hearings; appeals.
  • 2-1322 Purchase and use of equipment and chemicals; sale of chemicals, price; charges for use of machinery and equipment; record of purchases, sales and charges.
  • 2-1323 Penalty for violations.
  • 2-1324 Invalidity of part.
  • 2-1325 Unlawful acts; disposal of screenings and materials.
  • 2-1326 Same; disposal of infested plants, materials or fertilizers.
  • 2-1327 Same; harvesting and other machines; labeling.
  • 2-1328 Same; infested livestock feed material.
  • 2-1329 Same; unprocessed livestock feed.
  • 2-1330 Entry upon and inspection of property.
  • 2-1331 Notification of owner of lands infested with noxious weeds; inspection; initial general or official notice; subsequent legal notice.
  • 2-1332 Notice of the costs of treatment; itemized statement, contents; filing with register of deeds and county clerk; payment plans; liens, payable on sale or transfer of ownership.
  • 2-1333 County option for discount program to control noxious weeds; petition to establish program, election and procedures.
  • 2-1334 Repealed.
• Article 14.—SALE AND DISTRIBUTION OF AGRICULTURAL SEEDS

  • GENERAL PROVISIONS

    2-1401 through 2-1414 Repealed.
  • 2-1415 Definitions.
  • 2-1416 Testing and labeling required.
  • 2-1417 Label requirements.
  • 2-1417a Identification and labeling requirements for treated seed.
  • 2-1418 Repealed.
  • 2-1419 Repealed.
  • 2-1420 Repealed.
  • 2-1421 Unlawful acts.
  • 2-1421a Wholesaler and retailer business registration; fees; agricultural seed fee fund; disposition of moneys received; rules and regulations authority.
  • 2-1422 Criminal and civil penalties for violations; suspension, revocation or denial of registration; disposition of moneys received.
  • 2-1422a Seizure of mislabeled seed; disposition; court hearing; injunction.
  • 2-1423 Inspections; stop sale orders; judicial review.
  • 2-1424 Secretary to report violations of act to prosecuting attorney; attested copies of analysis results.
  • 2-1424a Repealed.
  • 2-1425 Repealed.
  • 2-1426 Repealed.
  • 2-1426a Records; seed samples.
  • 2-1427 Rules and regulations; enforcement of act.
  • 2-1428 Repealed.

  • CERTIFICATION OF SEEDS OR PLANT PARTS

    2-1429 Designation of agencies.
  • 2-1430 Persons subject to K.S.A. 2-1429 through 2-1440; certification defined.
  • 2-1431 Agency for certification of specified crop.
  • 2-1432 Certification in other states recognized.
  • 2-1433 Annual permits.
  • 2-1434 Agencies to be self-supporting.
  • 2-1435 Same; financial responsibility.
  • 2-1436 Withholding certification, when.
  • 2-1437 Investigations and prosecutions.
  • 2-1438 Unlawful acts; penalty.
  • 2-1439 K.S.A. 2-1415 through 2-1428 not affected.
  • 2-1440 Repealed.

  • HYBRID SEED CORN

    2-1441, 2-1442 Repealed.
  • 2-1443 Repealed.
  • 2-1444 Repealed.
  • 2-1445 Repealed.
  • 2-1446, 2-1447 Repealed.
  • 2-1448, 2-1449 Repealed.
  • 2-1450 Uniformity of seed law; exclusive jurisdiction of state.
• Article 15.—POTATOES
  • 2-1501 Repealed.
  • 2-1502 Repealed.
  • 2-1503 through 2-1507 Repealed.
  • 2-1508 Repealed.
• Article 16.—BOARD OF TRADE
  • 2-1601 "Board of trade" defined.
  • 2-1602 Dealing in futures.
  • 2-1603 Contract market.
  • 2-1604 Membership.
  • 2-1605 through 2-1611 Expired.
• Article 17.—KANSAS STANDARD APPLE ACT
  • 2-1701 through 2-1719 Repealed.
• Article 18.—BINDER TWINE
  • 2-1801 Repealed.
  • 2-1802 through 2-1804 Repealed.
  • 2-1805 Repealed.
• Article 19.—CONSERVATION DISTRICTS
  • Law Review and Bar Journal References:

    "High Noon on the Ogallala Aquifer: Agriculture Does Not Live by Farmland Preservation Alone," Myrl L. Duncan, 27 W.L.J. 16, 63 (1987).

  • 2-1901 Title to act; "soil conservation district" defined.
  • 2-1902 Legislative determination.
  • 2-1903 Definitions.
  • 2-1904 State conservation commission; members; terms; records; seal; powers and duties; rules and regulations; compensation and expenses; employees; office and supplies.
  • 2-1905 Repealed.
  • 2-1906 Repealed.
  • 2-1907 Supervisors; qualifications; terms; meetings; vacancies; chairperson; quorum; expenses; employees; powers and duties; bonds for employees; records; removal of supervisor.
  • 2-1907a Repealed.
  • 2-1907b Finance of operation of conservation district; moneys from county general fund; tax levies; use of moneys.
  • 2-1907c Finance of operation of conservation district; amount of moneys provided by county, certification to state; state financial assistance; budget request, limitation; disbursement and distribution.
  • 2-1908 Conservation districts; powers.
  • 2-1909 through 2-1912 Repealed.
  • 2-1913 Cooperation with another district.
  • 2-1914 Publicly owned lands.
  • 2-1915 Conservation structures and practices, grants; riparian and wetland protection programs; return of water right, cost-share grants; water quality buffers, grants, valuation of land.
  • 2-1916 Petition for discontinuance of district; hearings; election; publication of result; certificate of dissolution.
  • 2-1917 Invalidity of part.
  • 2-1918 Inconsistent laws.
  • 2-1919 Cost-share limitations; purchase of surface water right outside the state.
  • 2-1920 Conservation district capital outlay fund; use of moneys.
  • 2-1921 Repealed.
  • 2-1922 Repealed.
  • 2-1923 Repealed.
  • 2-1924 through 2-1929 Reserved.

  • WATER RIGHT TRANSITION ASSISTANCE PILOT PROJECT PROGRAM

    2-1930 Water right transition assistance program established; definitions; administration; funding; contracts with landowners; grants, availability, priority; expiration.
  • 2-1930a Repealed.
  • 2-1931 Penalty for violation of act or contract orders; request for hearing; appeal.
  • 2-1931a Repealed.
  • 2-1932 Repealed.
  • 2-1933 Conservation reserve enhancement program; criteria; reports; Kansas conservation reserve enhancement program fund.
• Article 20.—SOIL EROSION CAUSED BY WIND

  • Source or Prior Law:

    19-2611.

  • 2-2001 Legislative declaration.
  • 2-2002 Duty of landowner.
  • 2-2003 Data and information to be collected.
  • 2-2004 Duties of county commissioners.
  • 2-2005 Same; survey of county; reports; publication of summaries.
  • 2-2006 Same; hearings; orders concerning land.
  • 2-2007 Soil drifting fund; creation; tax levy, use of proceeds; issuance of warrants.
  • 2-2008 Soil erosion caused by wind; work performed for prevention; notice to landowners; special assessments; limitation; division of cost; action by landowner.
  • 2-2009 Federal cooperation.
  • 2-2010 Repealed.
  • 2-2011 Invalidity of part.
• Article 21.—PLANT PESTS
  • Cross References to Related Sections:

    Insect and plant diseases, see chapter 2, article 7.

    Powers and duties of state department of agriculture, see 74-515a, 74-515b.

    Law Review and Bar Journal References:

    "Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 142 (1986).

  • 2-2101, 2-2102 Repealed.
  • 2-2103 Repealed.
  • 2-2104 through 2-2109 Repealed.
  • 2-2110 Repealed.
  • 2-2111 Repealed.
  • 2-2112 Name of act.
  • 2-2113 Definitions.
  • 2-2114 Secretary's duties.
  • 2-2115 Inspections by secretary.
  • 2-2116 Disposition of plant pests.
  • 2-2117 Quarantines; notice and hearings.
  • 2-2118 Inspections; fees.
  • 2-2119 Repealed.
  • 2-2120 Live plant dealer's license; application fees; renewal; special event live plant dealer, registration; sale of live plants, conditions.
  • 2-2121 Repealed.
  • 2-2122 Revocation of live plant dealer license; notice and opportunity for hearing.
  • 2-2123 Unlawful to ship live plants or other articles not in compliance with act; tags or labels; electronic or mail order sales.
  • 2-2124 Violations; temporary restraining orders.
  • 2-2125 Penalties for violations.
  • 2-2126 Rules and regulations.
  • 2-2127 Invalidity of part.
  • 2-2128 Disposition of moneys received; plant protection fee fund.
  • 2-2129 Plant pest emergency response fund.
  • 2-2130 through 2-2134 Reserved.

  • PEST CONTROL COMPACT

    2-2135 Repealed.
  • 2-2136 Repealed.
  • 2-2137 Repealed.
  • 2-2138 Repealed.
  • 2-2139 Repealed.
  • 2-2140 Repealed.
  • 2-2141 Repealed.
  • 2-2142, 2-2143 Reserved.

  • KANSAS COTTON BOLL WEEVIL ACT

    2-2144 Title and citation of act.
  • 2-2145 Definitions.
  • 2-2146 Establishment of Kansas cotton boll weevil program; board of directors; membership; vacancies; terms; required meetings.
  • 2-2147 Powers and duties of board of directors; requirements for individuals conducting inspections or setting or monitoring traps.
  • 2-2148 Cotton pest eradication plan; implementation in coordination with secretary.
  • 2-2149 Assessment levy on cotton; collection and disposition of assessment moneys; authorized expenditures.
  • 2-2150 Criminal penalty for violations of act.
  • 2-2151 Discontinuation of Kansas cotton boll weevil program or activity thereunder; requirements.
• Article 22.—AGRICULTURAL CHEMICALS
  • Cross References to Related Sections:

    Pest control, see chapter 2, article 24.

    Fertilizer and pesticide compliance and administration fund, 2-1233.

    Law Review and Bar Journal References:

    "Environmental Law: Agricultural Pesticides," J. Steve Massoni, 13 W.L.J. 53, 58, 59 (1974).

    "Groundwater Pollution I: The Problem and the Law," Robert L. Glicksman, George Cameron Coggins, 35 K.L.R. 162 (1986).

    "Environmental Issues in Real Estate and Other Business Transactions," David R. Tripp, 60 J.K.B.A. No. 1, 23, 29 (1991).

  • 2-2201 Title.
  • 2-2202 Definitions.
  • 2-2203 Prohibited acts.
  • 2-2204 Registration; renewal; chemicals subject to federal registration may be exempted; fees and charges; reduction; cancellation of registration upon notice.
  • 2-2205 Determinations after hearings; rules and regulations; uniformity between states and federal government.
  • 2-2206 Examinations; prosecutions; stop sale orders; judicial review; inspections.
  • 2-2207 Exemptions.
  • 2-2208 Penalties.
  • 2-2209 Seizures.
  • 2-2210 Delegation of duties.
  • 2-2211 Cooperation with other agencies.
  • 2-2212 Disposition of moneys received; agricultural chemical fee fund.
  • 2-2213 Invalidity of part.
  • 2-2214 Jurisdiction over distribution, sale and transportation; emergency situations.
  • 2-2215 Judicial review of secretary's actions.
  • 2-2216 Repealed.
• Article 23.—LABELING OF AGRICULTURAL PRODUCTS
  • Cross References to Related Sections:

    Kansas egg law, see chapter 2, article 25.

  • 2-2301 Definitions.
  • 2-2302 Unlawful acts.
  • 2-2303 Same; false established standards.
  • 2-2304 Nuisances; seizure; injunctions.
  • 2-2305 Penalty.
  • 2-2306 Administration and enforcement.
• Article 24.—PEST CONTROL
  • Cross References to Related Sections:

    Insect and plant diseases, see chapter 2, article 7.

    Powers and duties of state department of agriculture, see 74-515a, 74-515b.

    Fertilizer and pesticide compliance and administration fund, 2-1233.

    Law Review and Bar Journal References:

    Water quality regulation in Kansas, George Cameron Coggins, 21 K.L.R. 1, 31 (1972).

    "Environmental Law: Agricultural Pesticides," J. Steve Massoni, 13 W.L.J. 53, 61, 62 (1974).

  • PEST CONTROL ACT

    2-2401 Repealed.
  • 2-2402 Repealed.
  • 2-2402a Repealed.
  • 2-2403 Repealed.
  • 2-2404 Repealed.
  • 2-2405 Repealed.
  • 2-2405a Repealed.
  • 2-2405b Repealed.
  • 2-2406 Repealed.
  • 2-2407 Repealed.
  • 2-2407a Repealed.
  • 2-2407b Repealed.
  • 2-2407c Repealed.
  • 2-2407d Repealed.
  • 2-2407e Repealed.
  • 2-2408 Repealed.
  • 2-2409 Repealed.
  • 2-2410 Repealed.
  • 2-2411 Repealed.
  • 2-2412 Repealed.

  • PESTICIDE USE LAW

    2-2413 through 2-2415 Repealed.
  • 2-2416 Repealed.
  • 2-2417, 2-2418 Repealed.
  • 2-2419 Repealed.
  • 2-2420 Repealed.
  • 2-2420a, 2-2420b Repealed.
  • 2-2421 Repealed.
  • 2-2422 Repealed.
  • 2-2423 Repealed.
  • 2-2424 through 2-2426 Repealed.
  • 2-2427 Repealed.
  • 2-2428 Repealed.
  • 2-2429 Repealed.
  • 2-2430 through 2-2436 Repealed.
  • 2-2437 Repealed.

  • KANSAS PESTICIDE LAW

    2-2438 Repealed.
  • 2-2438a Definitions.
  • 2-2439 Administration of act; rules and regulations.
  • 2-2440 Pesticide business license, requirements and fees, exemptions; unlawful acts; government agency registration, exemptions; license and registration renewals.
  • 2-2440a Pesticide business licensee requirements.
  • 2-2440b Pest control technician registration, requirements and fees; unlawful acts.
  • 2-2440c Registered pest control technician; training; approval of training materials; maintenance of records verifying training.
  • 2-2440d Same; fees.
  • 2-2440e Pesticide business licensees and pesticide dealers; civil penalties; appeal procedure; deposit of moneys.
  • 2-2441 Repealed.
  • 2-2441a Commercial applicator's certificate; exemptions; application and fees; expiration.
  • 2-2442 Same; temporary permit; examination.
  • 2-2443 Repealed.
  • 2-2443a Same; examination; reciprocity; fees; subjects included in examination.
  • 2-2444 Repealed.
  • 2-2444a Categories of qualification for certification and licensing; subdivision by secretary.
  • 2-2445 Repealed.
  • 2-2445a Certified private applicator's certificate; qualifications; examination; fee; educational materials; reciprocity of certificates.
  • 2-2446 Renewal of certification or registration.
  • 2-2447 Nonresident applicant for license; consent to action for damages; service of process.
  • 2-2448 Surety bond, liability insurance, letter of credit or escrow account required for pesticide business license.
  • 2-2449 Grounds for denial, suspension, revocation or modification of license.
  • 2-2450 Suspension of pesticide business license for failure to have surety bond, liability insurance, letter of credit or escrow account or to employ certified commercial applicator.
  • 2-2451 Repealed.
  • 2-2452 Appeal of denial, suspension or revocation.
  • 2-2453 Unlawful acts.
  • 2-2454 Unlawful acts.
  • 2-2455 Written statement for services to customer; records, maintenance and availability to secretary.
  • 2-2456 Registration and marking of equipment.
  • 2-2457 Repealed.
  • 2-2457a Statement of claim of damage from pesticide application; filing with secretary; forms; effect of failure to file.
  • 2-2458 Repealed.
  • 2-2459 Repealed.
  • 2-2459a Courses of instruction.
  • 2-2460 Repealed.
  • 2-2460a Cooperation with other agencies; educational institutions or persons.
  • 2-2461 Penalties; injunction.
  • 2-2462 Enforcement.
  • 2-2463 Subpoenas.
  • 2-2464 Repealed.
  • 2-2464a Disposition of moneys; pesticide use fee fund.
  • 2-2465 Repealed.
  • 2-2466 Repealed.
  • 2-2467 Repealed.
  • 2-2467a Rules and regulations.
  • 2-2468 Citation of act.
  • 2-2469 Pesticide dealers; registration; exemptions; denial, suspension or revocation, notice and opportunity for hearing; fees.
  • 2-2470 Allowable pesticide applications by the applicator.
  • 2-2471 Rule and regulation authority to the secretary to limit pesticide use.
  • 2-2472 Pesticide management areas; development by the secretary.
  • 2-2473 Same; factors to examine in area development; pesticide management area technical advisory committee; membership and duties thereof.
  • 2-2474 Same; public hearing concerning designation; notice.
  • 2-2475 Temporary pesticide management areas; secretary authorization.
  • 2-2476 Pesticide management area; order of designation.
  • 2-2477 Same; secretary authorization to revoke, modify or expand.
  • 2-2478 Same; use of pesticides in area; civil penalty; appeal procedure.
  • 2-2479 Same; statewide education program on areas and plans.
  • 2-2480 Uniformity of pesticide law; state has exclusive jurisdiction.
  • 2-2481 Format of required documentation.
• Article 25.—KANSAS EGG LAW
  • Cross References to Related Sections:

    Labeling of products, see chapter 2, article 23.

  • 2-2501 Citation; definitions.
  • 2-2502 Standards; tolerances.
  • 2-2503 Violations of act.
  • 2-2504 Enforcement of act; rules and regulations.
  • 2-2505 Sampling of eggs; evidence.
  • 2-2506 Penalties; injunctions.
  • 2-2507 Inspection fee; stamps; quarterly payment; reports and records; disposition of moneys received; egg fee fund.
  • 2-2508 Licensure of place of business, fee, exemptions; record retention.
  • 2-2509 Container labeling requirements.
  • 2-2510 Repackaging by retailers, requirements; grounds for loss of privilege.
  • 2-2511 Civil penalties for violations; order of secretary, appeal procedure.
  • 2-2512 License denial, suspension, revocation or modification, grounds.
  • 2-2513 Balut; refrigeration and labeling requirements.
• Article 26.—KANSAS WHEAT ACT
  • Cross References to Related Sections:

    Kansas wheat commission, see 2-3001 et seq.

  • Revisor's Note:

    Kansas wheat commission, see 2-3001 et seq.

  • 2-2601, 2-2602 Repealed.
  • 2-2603 Repealed.
  • 2-2604 Repealed.
  • 2-2605 Repealed.
  • 2-2606 Repealed.
  • 2-2607 Repealed.
  • 2-2608 Repealed.
  • 2-2609 Repealed.
  • 2-2610 Repealed.
  • 2-2611 Repealed.
  • 2-2612 Repealed.
  • 2-2613 Repealed.
• Article 27.—AGRICULTURAL HALL OF FAME
  • 2-2701 Acquisition of certain real estate in Wyandotte county by highway commission authorized; purposes; conditions; title; succession by secretary of transportation to commission's right, title and interest in said property.
• Article 28.—SOIL AMENDMENT ACT
  • 2-2801 Citation of act.
  • 2-2802 Administration of act.
  • 2-2803 Definitions.
  • 2-2804 Labeling of containers, bulk lots; listing or guaranteeing active ingredients; data substantiating usefulness, when required.
  • 2-2805 Registration of products; application; fee; requirements.
  • 2-2806 Repealed.
  • 2-2807 Unregistered, unlabeled or misbranded soil amendments; stop sale, use or removal orders.
  • 2-2808 Violations of act.
  • 2-2809 Misbranded or adulterated, defined.
  • 2-2810 Inspection.
  • 2-2811 Rules and regulations.
  • 2-2812 Refusal to register products; revocation; hearing.
  • 2-2813 Penalties; injunction.
  • 2-2814 Disposition of moneys; soil amendment fee fund.
• Article 29.—AGRICULTURAL LIMING MATERIALS
  • 2-2901 Citation; administration of act.
  • 2-2902 Definitions.
  • 2-2903 Sale of agricultural liming materials; labeling, information required; false advertising prohibited; notice of adulteration; bulk deliveries.
  • 2-2904 Same; sale prohibited, when.
  • 2-2905 Manufacturers of liming materials; registration; fee.
  • 2-2906 Same; annual statement; inspection fee; secretary may reduce fee, when.
  • 2-2907 Duty of secretary to inspect; methods of analysis and sampling.
  • 2-2908 Sale in violation of act; stop sale, use or removal orders.
  • 2-2909 Penalties for violations; jurisdiction.
  • 2-2910 Rules and regulations.
  • 2-2911 Disposition of moneys; agricultural liming materials fee fund; plant pest activities.
• Article 30.—GRAIN COMMODITY COMMISSIONS
  • 2-3001 Grain commodity commissions; definitions.
  • 2-3002 Creation of Kansas corn, grain sorghum, soybean, wheat and sunflower commissions; membership; election process; terms; vacancies; districts; ex officio members; first purchasers; meetings.
  • 2-3002a Same; transfer of powers, duties and functions to such commissions; successor to department of agriculture; transfer of property to wheat commission.
  • 2-3003 Qualifications of members of commodity commissions.
  • 2-3004 Same; organization and meetings.
  • 2-3005 Grain commodity commissions; powers and duties; limitations.
  • 2-3006 Powers and duties of secretary of agriculture.
  • 2-3007 Assessments; refunds and records; liens, priority; limitations on assessment collection.
  • 2-3008 Assessments; collection; deposit in commission account; security for accounts.
  • 2-3009 Foreclosure of liens.
  • 2-3010 Unlawful acts; penalties.
  • 2-3011 Kansas soybean commission; state promotion entity for soybeans.
  • 2-3012 National checkoff program for soybeans.
  • 2-3013 Assessments, disposition; national checkoff program for soybeans.
• Article 31.—INTERSTATE COMPACT ON AGRICULTURAL GRAIN MARKETING
  • 2-3101 Interstate Compact on Agricultural Grain Marketing.
• Article 32.—PROTECTION OF FARMLAND AND AGRICULTURAL ACTIVITIES
  • Law Review and Bar Journal References:

    "Agricultural Law: Suburban Sprawl and the Right to Farm," Dana Ann Bradbury, 22 W.L.J. 448, 459, 465 (1983).

    "Regulatory Takings after Lucas: The Kansas Nuisance Exception," Stephen P. Chinn and Neil R. Shortlidge, 62 J.K.B.A. No. 9, 28, 38 (1993).

    "Tell it to the judge: Appealing a zoning decision," Roger W. Badeker, 67 J.K.B.A. No. 7, 33 (1998).

  • 2-3201 Protection of farmland and agricultural activities; purpose.
  • 2-3202 Certain agricultural activities not a nuisance.
  • 2-3203 Definitions.
  • 2-3204 Action for injunction alleging misuse of chemicals; when attorney fees and expenses assessed.
  • 2-3205 Exclusive compensatory damages for nuisance originating from farmland used for agricultural activity; standing.
• Article 33.—CHEMIGATION SAFETY
  • Law Review and Bar Journal References:

    "A State Agency's Role in Protecting Groundwater Quality," Leland E. Rolfs, 35 K.L.R. 419, 426 (1987).

  • 2-3301 Citation of act.
  • 2-3302 Definitions.
  • 2-3303 Requirements for chemigation users.
  • 2-3304 Registration of chemigation users; permit; fee; renewal.
  • 2-3305 Functional anti-pollution devices, requirements.
  • 2-3306 Responsibility of chemigation equipment operators; chemigation equipment operator examination; renewal; fee.
  • 2-3307 Access to premises by secretary; inspections, samples and investigations; search warrants; enforcement of criminal and civil provisions of act.
  • 2-3308 Unlawful acts; criminal penalties.
  • 2-3309 Administration of act; employees; rules and regulations.
  • 2-3310 Denial, suspension, revocation or modification of permits, notice and hearing; grounds.
  • 2-3311 Denial, suspension, revocation or modification of permit; notice and opportunity for hearing.
  • 2-3312 Same; judicial review of secretary's action.
  • 2-3313 Unlawful acts.
  • 2-3314 Injunctive relief for violations of act.
  • 2-3315 Chemigation fee fund; expenditures.
  • 2-3316 Subpoena power.
  • 2-3317 Penalties.
  • 2-3318 Application of swine waste; authority of secretary of health and environment; nutrient utilization plans, review and approval; penalties for violations.
• Article 34.—FAMILY FARM REHABILITATION ACT
  • Revisor's Note:

    2-3401 through 2-3413 expired on July 1, 1991. For text of act, see L. 1986, ch. 4, §§ 1 to 13.

    CASE ANNOTATIONS

    1. Family farm rehabilitation act is unconstitutional; violation of Article I, § 10, U.S. Constitution. Federal Land Bank of Wichita v. Bott, 240 Kan. 624, 732 P.2d 710 (1987).

• Article 35.—PECAN COMMISSION
  • Revisor's Note:

    The text of 2-3501 through 2-3507 has not been printed since the commission was abolished pursuant to 2-3507 effective July 1, 1994. See Kansas Register, Vol. 13, No. 22, June 2, 1994, p. 864. For text of 2-3501 through 2-3507, see L. 1992, ch. 182, §§ 1 to 7.

• Article 36.—AGRICULTURAL SEED COUNCIL
  • 2-3601 Definitions.
  • 2-3602 Membership of council; terms; vacancies; ex officio members; meetings.
  • 2-3603 Powers and duties of council.
• Article 37.—ENVIRONMENTAL REMEDIATION
  • 2-3701 Short title.
  • 2-3702 Definitions.

  • REMEDIATION LINKED DEPOSIT LOAN PROGRAM

    2-3703 Purpose; rules and regulations; annual reports.
  • 2-3704 Loans; application; limitations; use; approval or rejection.
  • 2-3705 Procedures for making deposits; deposit agreement, terms.
  • 2-3706 Procedures for making loans; interest rate.
  • 2-3707 Effect of late payment or default.

  • REMEDIATION REIMBURSEMENT PROGRAM

    2-3708 Purpose; amount of reimbursement, limits.
  • 2-3709 Kansas agricultural remediation board; creation.
  • 2-3710 Same; powers and duties.
  • 2-3711 Kansas agricultural remediation fund; creation.
  • 2-3712 Assessments; when required.
  • 2-3713 Same; amounts.
  • 2-3714 Abolition of programs.

  • KANSAS PESTICIDE WASTE DISPOSAL PROGRAM

    2-3715 Kansas pesticide waste disposal program; creation.
  • 2-3716 Kansas pesticide waste disposal fund; creation; expenditures and transfers; annual expenditure report.
• Article 38.—FARMERS' MARKETS.
  • 2-3801 Farmers' market promotion act.
  • 2-3802 Same; definitions.
  • 2-3803 Same; central registration of farmers' markets; secretary as registration authority.
  • 2-3804 Same; limited liability for registered farmers' market operators.
  • 2-3805 Expired.
• Article 39.—INDUSTRIAL HEMP
  • 2-3901 Commercial industrial hemp act; citation; definitions.
  • 2-3902 Same; advisory board, establishment, membership; criminal history record checks of individuals overseeing or regulating industrial hemp.
  • 2-3903 Same; commercial industrial hemp act licensing fee fund.
  • 2-3904 Research program licenses; application deadline extension for 2019 growing season.
  • 2-3905 Commercial industrial hemp act; legislative intent.
  • 2-3906 Commercial industrial hemp plan; requirements for hemp producers; violations by hemp producers; criminal history record checks; license modification fee limit.
  • 2-3907 Requirements for hemp processors; registration; penalties; criminal history record checks.
  • 2-3908 Unlawful hemp products; penalties; exceptions.
  • 2-3909 Disposal of waste by-products.
  • 2-3910 Stop sale, use or removal order for violations of act.
  • 2-3911 Effective disposal of industrial hemp; requirements; criminal history record check.
  • 2-3912 Industrial hemp testing for non-licensed persons or governmental entities; fees; test results made available to the Kansas bureau of investigation upon request.