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12  AN ACT concerning agricultural seeds; relating to the registration of seed
13    cleaners conditioners; concerning seed varieties; amending K.S.A. 2-
14    1415, 2-1421 and 2-1421a and repealing the existing sections.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    Section 1.  K.S.A. 2-1415 is hereby amended to read as follows: 2-
18  1415. As used in this act:
19    (a)  ``Agricultural seed'' means the seed of grass, legume, forage, ce-
20  real and fiber crops, or mixtures thereof, but shall not include horticul-
21  tural seeds.
22    (b)  ``Person'' means any individual, member of a partnership, cor-
23  poration, agents, brokers, company, association or society.
24    (c)  ``Conditioned'' means cleaned, or cleaned and blended, to meet
25  the requirements of agricultural seed for the purpose of being planted or
26  seeded.
27    (d)  ``Kind'' means one or more related species or subspecies which
28  singly or collectively is known by one common name, and includes, among
29  others, wheat, oat, vetch, sweet clover and alfalfa.
30    (e)  ``Variety'' means a subdivision of a kind, which is characterized by
31  growth, yield, plant, fruit, seed or other characteristics by which it can be
32  differentiated from other plants of the same kind.
33    (f)  ``Hard seed'' means the seeds which because of hardness or im-
34  permeability do not absorb moisture or germinate under seed testing
35  procedure.
36    (g)  ``Label'' means the statements written, printed, stenciled or oth-
37  erwise displayed upon, or attached to, the container of agricultural seed,
38  and includes other written, printed, stenciled or graphic representations,
39  in any form whatsoever, pertaining to any agricultural seed, whether in
40  bulk or in containers, and includes declarations and affidavits.
41    (h)  ``Secretary'' means the secretary of the state board of agriculture.
42    (i)  ``Weed seed'' means the seeds of plants considered weeds in this
43  state and includes noxious weed seed and restricted weed seed, deter-
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 1  mined by methods established by rule and regulation under this act.
 2    (j)  ``Noxious weed seed'' means the seed of Kudzu (Pueraria lobata),
 3  field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea re-
 4  pens), hoary cress (Cardaria draba), Canada thistle (Cirsium arvense),
 5  leafy spurge (Euphorbia esula), quackgrass (Agropyron repens), bur rag-
 6  weed (Ambrosia grayii), pignut (Indian rushpea) (Hoffmannseggia den-
 7  siflora), Texas blueweed (Helianthus ciliaris), Johnson grass (Sorghum
 8  halepense), sorghum almum, and any plant the seed of which cannot be
 9  distinguished from Johnson grass, and musk (nodding) thistle (Carduus
10  nutans L.).
11    (k)  ``Restricted weed seed'' means weed seeds or bulblets which shall
12  not be present in agricultural seed at a rate per pound in excess of the
13  number shown following the name of each weed seed: Silverleaf night-
14  shade (Solanum elaeagnifolium) 45, horsenettle, bullnettle (Solanum car-
15  olinense) 45, dock (Rumex spp.) 45, oxeye daisy (Chrysanthemum leucan-
16  themum) 45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail
17  (Setaria faberi) 45, cheat (Bromus secalinus) 45, hairy chess (Bromus
18  commutatus) 45, buckthorn plantain (Plantago lanceolata) 45, wild onion
19  or garlic (Allium spp.) 18, charlock (Sinapsis arvensis) 18, wild mustards
20  (Brassica spp.) 18, treacle (Erysimum spp.) 18, wild carrot (Daucus car-
21  ota) 18, morning glory and purple moonflower (Ipomoea spp.) 18, hedge
22  bindweed (Calystegia spp., syn. Convolvulus sepium) 18, dodder (Cus-
23  cuta spp.) 18, except lespedeza seed which may contain 45 dodder per
24  pound, pennycress, fanweed (Thlaspi arvense) 18, wild oats (Avena fatua)
25  9, climbing milkweed, sandvine (Cynanchum laeve, syn. Gonolobus lae-
26  vis) 9, jointed goatgrass (Aegilops cylindrica) 9, black nightshade complex
27  (Solanum ptycanthum, S. americanum, S. sarrachoides, S. nigrum, and
28  S. interius) 9, wild buckwheat, black bindweed (Polygonum convolvulus)
29  9, velvetleaf, butterprint (Abutilon theophrasti) 9, and cocklebur (Xan-
30  thium spp.) 9. The total number of the restricted weed seed shall not
31  exceed 90 per pound except native grass, smooth bromegrass, tall fescue,
32  wheatgrasses and lespedeza shall not exceed 150 per pound. In smooth
33  bromegrass, fescues, orchard grass, wheatgrasses, and chaffy range
34  grasses, hairy chess or cheat shall not exceed 2,500 per pound. For the
35  purposes of this section the following weedy Bromus spp. shall be con-
36  sidered as common weeds and collectively referred to as ``chess'': Japa-
37  nese chess (Bromus japonicus), soft chess (Bromus mollis) and field chess
38  (Bromus arvensis).
39    (l)  ``Advertisement'' means all representations, other than those on
40  the label, disseminated in any manner, or by any means, relating to ag-
41  ricultural seed.
42    (m)  ``Record'' means all information relating to any shipment of ag-
43  ricultural seed and includes a file sample of each lot of such seed.
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 1    (n)  ``Stop sale order'' means an administrative order, authorized by
 2  law, restraining the sale, use, disposition and movement of a definite
 3  amount of agricultural seed.
 4    (o)  ``Seizure'' means a legal process, issued by court order, against a
 5  definite amount of agricultural seed.
 6    (p)  ``Lot'' means a definite quantity of agricultural seed, identified by
 7  a lot number or other mark, every portion or bag of which is uniform,
 8  within recognized tolerances for the factors which appear in the labeling.
 9    (q)  ``Germination'' means the percentage of seeds capable of pro-
10  ducing normal seedlings under ordinarily favorable conditions, in accor-
11  dance with the methods established by rule and regulation under this act.
12    (r)  ``Pure seed'' means the kind of seed declared on the label, exclu-
13  sive of inert matter, other agricultural or other crop seeds and weed seeds.
14    (s)  ``Inert matter'' means all matter not seeds, and as otherwise de-
15  termined by rules and regulations under this act.
16    (t)  ``Other agricultural seeds or other crop seeds'' means seeds of
17  agricultural seeds other than those included in the percentage or per-
18  centages of kind or variety and includes collectively all kinds and varieties
19  not named on the label.
20    (u)  ``Hybrid'' means the first generation seed of a cross produced by
21  controlling the pollination and by combining (1) two or more inbred lines,
22    (2) one inbred or a single cross with an open pollinated variety, or (3) two
23  varieties or species, other than open pollinated varieties of corn (Zea
24  mays). Hybrid shall not include the second generation or subsequent
25  generations from such crosses. Hybrid designations shall be treated as
26  variety names. Controlling the pollination means to use a method of hy-
27  bridization which will produce pure seed which is 75% or more hybrid.
28    (v)  ``Type'' means a group of varieties so nearly similar that the in-
29  dividual varieties cannot be clearly differentiated except under special
30  conditions.
31    (w)  ``Treated'' means that the seed has received an application of a
32  substance or process which is designed to reduce, control or repel certain
33  disease organisms, insects or other pests attacking such seeds or seedlings
34  growing therefrom and includes an application of a substance or process
35  designed to increase seedling vigor.
36    (x)  ``Tested seed'' means that a representative sample of the lot of
37  agricultural seed in question has been subjected to examination and its
38  character as to purity and germination has been determined.
39    (y)  ``Native grass seed'' means the seeds of aboriginal or native prairie
40  grasses.
41    (z)  ``Chaffy range grasses'' shall include Bluestems, Gramas, Yellow
42  Indian grass, wild rye grasses, buffalo grass and prairie cord grass.
43    (aa)  ``Certified seed'' means any class of pedigreed seed or plant parts
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 1  for which a certificate of inspection has been issued by an official seed
 2  certifying agency.
 3    (bb)  ``Certifying agency'' means: (1) an agency which is authorized
 4  under the laws of a state, territory or possession to officially certify seed
 5  and which has standards and procedures approved by the secretary of
 6  agriculture of the United States department of agriculture to assure the
 7  genetic purity and identity of the seed certified; or (2) an agency of a
 8  foreign country which is determined by the secretary of agriculture of the
 9  United States department of agriculture to be an agency which adheres
10  to procedures and standards for seed certification comparable to those
11  adhered to generally by seed certifying agencies under clause (1) of this
12  subsection.
13    (cc)  ``Blend'' means two or more varieties of the same kind each in
14  excess of 5% of the whole.
15    (dd)  ``Mixture'' means a combination of seed consisting of more than
16  one kind each in excess of 5% of the whole.
17    (ee)  ``Brand'' means a term or mark that is proprietary in nature
18  whether or not it is a registered or copyrighted term or mark.
19    (ff)  ``Commercial means'' shall include all forms of advertising for
20  which a person must pay another for the dissemination or distribution of
21  the advertisement.
22    (gg)  ``Horticultural seeds'' means those seeds generally classified as
23  vegetable, fruit, flowers, tree and shrub and grown in gardens or on truck
24  farms.
25    (hh)  ``Grower of agricultural seed'' means an individual whose pri-
26  mary occupation is farming and offers, exposes or sells agricultural seed
27  of such individual's own growing without the use of a common carrier or
28  a third party as an agent or broker. Seed shall be in compliance with
29  noxious and restricted weed seed requirements and may advertise if the
30  advertisement specifically states variety, bin run and if tested.
31    (ii)  ``Wholesaler'' means any person who is in the business selling
32  agricultural seed at wholesale to any person other than the end user.
33    (jj)  ``Retailer'' means any person who sells agricultural seed to the
34  end user.
35    (kk)  ``Seed cleaner conditioner'' means any person who is in the
36  business of cleaning seed for a fee or compensation.
37    Sec. 2.  K.S.A. 2-1421 is hereby amended to read as follows: 2-1421.
38    (a) It is unlawful for any person to sell, offer for sale, expose for sale or
39  advertise by commercial means any agricultural seed for seeding pur-
40  poses: (1) Unless a test has been made to determine the percentage of
41  germination and it shall have been completed within a nine-month period
42  (exclusive of the calendar month in which the test was completed) im-
43  mediately prior to sale, exposure for sale or offering for sale;
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 1    (2)  which is not labeled in accordance with the provisions of this act;
 2    (3)  which has a false, misleading or incomplete label;
 3    (4)  which contains noxious weed seeds;
 4    (5)  which contains restricted weed seeds in excess of the quantity
 5  prescribed by subsection (k) of K.S.A. 2-1415, and amendments thereto;
 6    (6)  which contains more than 1% of weed seeds by weight, except
 7  smooth bromegrass, fescues, orchard grass, wheatgrasses, and lespedeza
 8  which contain more than 2% weed seed by weight and chaffy range
 9  grasses which contain more than 4% by weight;
10    (7)  if any label, advertisement or other media represents such agri-
11  cultural seed to be certified or registered, unless: (A) Such certification
12  or registration has been determined by an official seed certifying agency;
13  and (B) such seed bears an official label issued for such seed by such
14  agency stating that the seed is certified or registered;
15    (8)  by variety name not certified by an official seed certifying agency
16  when it is a variety for which a certificate of plant variety protection has
17  been issued under public law 91-577, the plant variety protection act, as
18  amended, and adopted by rules and regulations of the secretary as in
19  effect on July 1, 1997, specifying sale only as a class of certified seed,
20  except that seed from a certified lot may be labeled as to variety name
21  when used in a mixture by, or with the approval of, the owner of the
22  variety. Any variety included in the plant variety protection act, as
23  amended and in effect on July 1, 1997, shall continue to be a variety
24  included in this paragraph until amended, modified or repealed by the
25  secretary;
26    (9)  without having registered with the secretary as required by K.S.A.
27  2-1421a, and amendments thereto.
28    (b)  It is unlawful for any person:
29    (1)  To alter or deface any label so that the information is false or
30  misleading or to mutilate any label;
31    (2)  to disseminate any false or misleading advertisements concerning
32  agricultural seed;
33    (3)  to issue any statement, invoice or declaration as to the variety of
34  any agricultural seed which is false or misleading;
35    (4)  to hinder or obstruct the secretary or an authorized representative
36  of the secretary in the performance of official duties;
37    (5)  to fail to comply with a stop sale order, or to move or otherwise
38  handle or dispose of any quantity of seed held under a stop sale order,
39  or a stop sale tag attached thereto, except with express permission of the
40  enforcing officer in writing and except for the purpose specified therein;
41    (6)  to use the word ``trace'' as a substitute for any statement which is
42  required;
43    (7)  to use the word ``type'' in any labeling in connection with the name
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 1  of any agricultural seed variety.
 2    (c)  Except as provided in subsection (a)(8), it shall not be a violation
 3  of this act for the grower of agricultural seed to: (1) Sell, sell, offer or
 4  expose for sale for planting or seeding purposes agricultural seed which
 5  has not been tested and labeled when the agricultural seed:
 6    (A) (1)  Has been grown on the grower's premises;
 7    (B) (2)  is free from noxious weed seed; and
 8    (C) (3)  does not contain any restricted weed seed in excess of the
 9  quantity prescribed by subsection (k) of K.S.A. 2-1415, and amendments
10  thereto. Agricultural seed sold pursuant to this exemption shall not be
11  advertised by commercial means unless such advertisement specifically
12  states such agricultural seed is bin run or whether such seed has been
13  tested.
14    Sec. 3.  K.S.A. 2-1421a is hereby amended to read as follows: 2-
15  1421a. (a) (1) Each wholesaler shall register with the secretary and shall
16  pay a registration fee not to exceed $300. The current wholesale regis-
17  tration fee is hereby set at $175 and shall remain at that amount until
18  changed by rules and regulations of the state board of agriculture secre-
19  tary.
20    (2)  Each retailer shall register with the secretary and shall pay a reg-
21  istration fee not to exceed $30. The current retailer registration fee is
22  hereby set at $10 and shall remain at that amount until changed by rules
23  and regulations of the state board of agriculture secretary.
24    (3)  Registration shall be required for each place of business at which
25  agricultural seed is sold, offered or exposed for sale by the wholesaler or
26  retailer.
27    (4)  An individual who conducts a wholesaler and retailer business at
28  the same location shall be required to register as both a wholesaler and
29  retailer.
30    (b)  Application for registration shall be made on a form provided by
31  the secretary. Each registration for a wholesaler or retailer shall expire
32  on August 31 following the date of issuance unless such registration is
33  renewed annually.
34    (c)  Each seed cleaner conditioner shall register with the secretary.
35  Such seed cleaner conditioner registration shall require no registration
36  fee and shall be a biennial registration. Any seed cleaner conditioner
37  who is ceasing to do business as a seed cleaner conditioner shall notify
38  the department of agriculture within 30 days of ceasing to do business.
39    (d)   As used in this section, ``agricultural seed'' shall include grain
40  when sold as such, or when sold according to grain standards and the
41  seller knows, or has reason to know, that the grain is to be used for seeding
42  or planting purposes.
43    (d) (e)  The state board of agriculture secretary shall remit all moneys
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 1  received under this section to the state treasurer at least monthly. Upon
 2  receipt of any such remittance, the state treasurer shall deposit the entire
 3  amount thereof in the agricultural seed fee fund which is hereby created.
 4  All expenditures from such fund shall be made in accordance with ap-
 5  propriation acts upon warrants of the director of accounts and reports
 6  issued pursuant to vouchers approved by the secretary of the state board
 7  of agriculture or a person or persons designated by the secretary.
 8    (e) (f)  All moneys credited to the agricultural seed fee fund shall be
 9  expended for any purpose consistent with the Kansas seed law.
10    (f) (g)  The state board of agriculture secretary may adopt rules and
11  regulations necessary to administer the provisions of this act.
12    (g) (h)  This section shall be part of and supplemental to the Kansas
13  seed law, K.S.A. 2-1415 et seq., and amendments thereto.
14    Sec. 4.  K.S.A. 2-1415, 2-1421 and 2-1421a are hereby repealed.
15    Sec. 5.  This act shall take effect and be in force from and after its
16  publication in the statute book.