2-2112. Name of act. This act shall be known as the plant pest and agriculture commodity certification act. The authority to regulate plant pests, live plant dealers, plants and plant products and commodity certification in Kansas is vested exclusively with the secretary of agriculture. History: L. 1965, ch. 6, § 1; L. 2002, ch. 91, […]
2-2113. Definitions. As used in this act: (a) “Plant pests” includes any stage of development of any insect, nematode, arachnid, or any other invertebrate animal, or any bacteria, fungus, virus, weed or any other parasitic plant or microorganism, or any toxicant, which can injure plants or plant products, or which can cause a threat to […]
2-2114. Secretary’s duties. The secretary, either independently, or in cooperation with counties, cities, other political subdivisions of the state, federal agencies, agencies of other states or private entities may enter into contracts and agreements and may carry out official control operations or measures to locate, and to suppress, control, eradicate, prevent, contain or retard the […]
2-2115. Inspections by secretary. (a) To effectuate the purposes of this act and any rules or regulations adopted hereunder, the secretary shall have the right to: (1) Enter any property in the state, except private dwellings, in order to: (A) Inspect; (B) monitor; (C) place and inspect monitoring equipment; and (D) obtain samples; and (2) […]
2-2116. Disposition of plant pests. Wherever the secretary finds a plant, plant product or other regulated article that is infested by a plant pest or finds that a plant pest exists on any premises in this state or is in transit in this state, the secretary may: (a) Upon giving notice to the person in […]
2-2117. Quarantines; notice and hearings. The secretary is authorized to quarantine this state or any portion thereof when the secretary determines that such action is necessary to prevent or retard the spread of a plant pest or to contain a plant pest for the protection of the public health and to quarantine any other state […]
2-2118. Inspections; fees. Upon request the secretary may provide inspection services for any person who owns or possesses plants or plant products or for certification purposes of regulated articles intended for shipment. Upon payment of the appropriate fee as established by rule and regulation and as inspection personnel are available, the inspection shall be conducted […]
2-2120. Live plant dealer’s license; application fees; sale of live plants, conditions. (a) Every live plant dealer, before selling or offering for sale or delivering any live plants in this state, shall procure from the secretary a live plant dealer’s license for each location from which such live plant dealer engages in business as a […]
2-2122. Revocation of live plant dealer license; notice and opportunity for hearing. The secretary, after providing notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny any application or revoke, suspend, modify or refuse to renew any license, permit or certificate issued pursuant to this act […]
2-2123. Unlawful to ship live plants or other articles not in compliance with act; tags or labels; electronic or mail order sales. (a) Any live plants sold, delivered, transported or shipped into or within this state by a live plant dealer shall be accompanied by a tag, label, itemized bill of lading, receipt or other […]
2-2124. Violations; temporary restraining orders. (a) It shall be a violation of this act for any person to: (1) Sell, barter, offer for sale, or move, transport, deliver, ship or offer for shipment into or within this state any plant pests in any living stage without first obtaining approval for such shipment from the secretary; […]
2-2125. Penalties for violations. (a) Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500. (b) The secretary, after providing notice and opportunity for a hearing, in accordance with the […]
2-2126. Rules and regulations. The secretary shall adopt, amend and repeal such rules and regulations as, in the discretion of the secretary, are necessary for the administration and enforcement of the provisions of this act. History: L. 1965, ch. 6, § 15; L. 2001, ch. 175, § 2; L. 2002, ch. 91, § 13; L. […]
2-2127. Invalidity of part. If any clause, sentence, paragraph, section, or part of this act shall for any reason be declared unconstitutional by any court of competent jurisdiction it shall not affect the validity or constitutionality of any remaining sentence, clause, paragraph, section or part of this act. History: L. 1965, ch. 6, § 16; […]
2-2128. Disposition of moneys received; plant protection fee fund. (a) The secretary shall remit all moneys received by or for the secretary under article 21 of chapter 2 of [the] 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 […]
2-2129. Plant pest emergency response fund. (a) There is hereby created a plant pest emergency response fund in the state treasury. Such fund shall be funded by a fee assessed in addition to the fees assessed a live plant dealer under article 21 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto. The […]
2-2135. Pest control compact; enactment. The pest control compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: PEST CONTROL COMPACT Article I. Findings The party states find that: (a) In the absence of the higher degree of cooperation among them possible under […]
2-2136. Same; state agency cooperation with insurance fund. Consistent with law and within available appropriations, the departments, agencies, and officers of this state may cooperate with the insurance fund established by the pest control compact. History: L. 2005, ch. 8, § 2; July 1.
2-2137. Same; bylaws filed with secretary of agriculture. Pursuant to Article IV(h) of the compact, copies of bylaws and amendments thereto must be filed with the secretary of agriculture. History: L. 2005, ch. 8, § 3; July 1.
2-2138. Same; compact administrator, duties. The compact administrator for this state shall be the secretary of agriculture or the secretary’s designee. The duties of the compact administrator shall be deemed a regular part of the duties of this office. History: L. 2005, ch. 8, § 4; July 1.
