65-7001. Citation of act. K.S.A. 65-7001 through 65-7015, and amendments thereto, shall be known and may be cited as the sheriff Matt Samuels chemical control act. History: L. 1999, ch. 170, § 7; L. 2005, ch. 153, § 8; Apr. 21.
65-7002. Purpose of act. The purpose of the Kansas chemical control act is to prevent the illegal diversion of precursor chemicals by creating a system which will provide information regarding the distribution of regulated chemicals while protecting legitimate uses. History: L. 1999, ch. 170, § 8; July 1.
65-7003. Definitions. As used in K.S.A. 65-7001 through 65-7015, and amendments thereto: (a) “Act” means the Kansas chemical control act; (b) “administer” means the application of a regulated chemical whether by injection, inhalation, ingestion or any other means, directly into the body of a patient or research subject, such administration to be conducted by: (1) […]
65-7004. Application of act. The provisions of this act shall not apply to: (a) A distribution of a regulated chemical to or by a common carrier for carriage in the lawful and usual course of the business of the common carrier, or to or by a warehouseman for storage in the lawful and usual course […]
65-7005. Secretary; powers and duties; director; powers and duties. (a) The secretary is authorized and directed to: (1) Adopt such rules and regulations, standards and procedures as may be necessary to carry out the purposes and provisions of this act; (2) expend and authorize the expenditure of moneys from the chemical control act fund; (3) […]
65-7007. Regulated chemical distributor and retailer; submissions to bureau. (a) Each regulated chemical distributor and retailer shall submit to the bureau: (1) Any regulated transaction involving an extraordinary quantity of a regulated chemical, an uncommon method of payment or delivery, or any other circumstance that may indicate that the regulated chemical will be used in […]
65-7008. Information program for retailers. The bureau shall develop and maintain a program to inform retailers about the methamphetamine problem in Kansas and devise procedures and forms for retailers to use in reporting to the bureau suspicious purchases, thefts or other transactions involving any products under the retailer’s control which contain a regulated chemical under […]
65-7009. Orders subject to Kansas administrative procedure act; final action subject to Kansas judicial review act. (a) Any order of the secretary issued pursuant to this act is subject to the provisions of the Kansas administrative procedure act. (b) Any final action of the secretary pursuant to this section is subject to review in accordance […]
65-7010. Civil penalties. (a) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of this act may impose a penalty not to exceed $25,000 which shall constitute an actual and substantial economic […]
65-7011. Liability; cleanup. (a) A person who violates any provisions of this act, shall, in addition to any other penalty provided by law, be liable for detection and investigation costs, the costs of the actual cleanup or attempted cleanup and for damages for injury to, or both, or destruction of any natural resources caused by […]
65-7012. Chemical control fund; revenues; expenditures. (a) There is established a fund in the treasury entitled the chemical control fund. (b) Revenues from the following sources shall be deposited in the state treasury and credited to the fund: (1) Moneys received by the secretary in the form of grants, gifts, bequests, reimbursements, or appropriations from […]
65-7013. Secretary; investigation and cleanup; liability; inspections. (a) The secretary is authorized to: (1) Develop a contract with a hazardous waste response contractor for joint use by the Kansas department of health and environment and the Kansas bureau of investigation to conduct investigation and clean up of chemicals, chemical-contaminated materials, soil, or groundwater resulting from […]
65-7014. Seizure and forfeiture. (a) All regulated chemicals which have been or are intended to be manufactured, provided, sold, furnished, transferred, delivered, or possessed in violation of this act shall be deemed contraband, and may be seized and summarily forfeited to the state. (b) A violation of this act shall constitute conduct giving rise to […]
65-7015. Severability clause. If any provisions of this act or its application to any person or circumstances are held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. History: […]
