CHAPTER 59 SENATE BILL No. 334 An Act concerning agriculture; relating to commercial feeding stuffs; amending K.S.A. 2000 Supp. 2-1008 and 2-1011 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 2-1008 is hereby amended to read as
follows: 2-1008. (a) The state board of agriculture, the secretary of the
board and the duly authorized representatives thereof shall have free
access to all places of business, mills, buildings and vessels, of whatsoever
kind, used in the manufacture, transportation, importation, sale or storage
of any commercial feeding stuffs and may open any parcel containing, or
supposed to contain, any commercial feeding stuffs and may take there-
from, in the manner prescribed in K.S.A. 2-1009 and amendments
thereto, samples for analysis and shall pay the retail price of the sample
or samples procured. Before entering the premises, the representatives
of the state board department of agriculture shall make application to
party or parties in charge of any manufacturer, importer, jobber, firm,
association, corporation or person who sells, offers, or exposes for sale or
distributes in this state any commercial feeding stuffs.

      (b) The state board of agriculture, the secretary of the board or a duly
authorized representative thereof, acting as the enforcing officer, may
issue and enforce a written or printed stop sale order to the owner or
custodian of any quantity of commercial feeding stuffs which the secretary
or the duly authorized representative of the secretary determines to be
misbranded, or adulterated or containing contains or may contain any
substance injurious to public health or the health of livestock, poultry or
pets or which are sold, offered or exposed for sale in violation of any of
the statutes contained in article 10 of chapter 2 of the Kansas Statutes
Annotated and amendments thereto or any rules and regulations adopted
thereunder. The stop sale order shall prohibit further sale and movement
of such commercial feeding stuffs, except on approval of the enforcing
officer, until the enforcing officer has evidence that the law and rules and
regulations have been complied with and issues a release from the stop
sale order. Any stop sale order issued pursuant to this subsection is subject
to review in accordance with the act for judicial review and civil enforce-
ment of agency actions. The provisions of this subsection shall not be
construed as limiting the right of the enforcement officer to proceed as
authorized by other provisions of the statutes contained in article 10 of
chapter 2 of the Kansas Statutes Annotated and amendments thereto.

      Sec.  2. K.S.A. 2000 Supp. 2-1011 is hereby amended to read as follows:
2-1011. (1) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to sell, offer or
expose for sale, or distribute in this state any commercial feeding stuffs:

      (A) Unless the manufacturer, importer, jobber, firm, association, cor-
poration or person has been issued a license for each manufacturing or
distribution facility pursuant to K.S.A. 2000 Supp. 2-1014, and amendments
thereto; (B) which is not labeled as required by law; (C) which bears a false
or misleading statement on the label or the advertising accompanying the
commercial feeding stuffs; (D) which is adulterated or contains any sub-
stance or substances which may render the commercial feeding stuffs in-
jurious to public health or the health of livestock, poultry and pets.

      (2) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to: (A) Mutilate,
destroy, obliterate or remove the label or any part thereof, or do any act
which may result in the misbranding or false labeling of such commercial
feeding stuffs; (B) fail or neglect to file the tonnage report and pay the
inspection fee due thereon as required; (C) file a false report of the tonnage
of feeding stuffs sold for any period; (D) impede, obstruct, hinder or oth-
erwise prevent or attempt to prevent said the secretary or the secretary's
authorized agents in the performance of any duty in connection with the
enforcement of the provisions of article 10 of chapter 2 of the Kansas Stat-
utes Annotated and amendments thereto.

      (3) Any manufacturer, importer, jobber, firm, association, corporation
or person who shall violate any of the provisions of article 10 of chapter 2
of the Kansas Statutes Annotated and amendments thereto or the rules and
regulations adopted, may incur a civil penalty in an amount not more than
$1,000 per violation, and in the case of a continuing violation every day
such violation continues may be deemed a separate violation. Such civil
penalty may be assessed in addition to any other penalty provided by law.
Any civil penalty assessed pursuant to this subsection is subject to review in
accordance with the act for judicial review and civil enforcement of agency
actions.

      (4) Any manufacturer, importer, jobber, firm, association, corporation
or person who shall violate any of the provisions of article 10 of chapter 2
of the Kansas Statutes Annotated and amendments thereto or the rules and
regulations adopted, in a willful or wanton manner shall be guilty of a class
A, nonperson misdemeanor, and upon conviction thereof shall be fined not
more than $100 for the first violation and not less than $100 nor more than
$500 for each subsequent violation.

      (4) (5) Any commercial feeding stuffs misbranded or adulterated or
containing or suspected of containing any substance or substances injurious
to public health or the health of livestock, poultry or pets or which is offered
or exposed for sale in violation of any of the provisions of article 10 of chapter
2 of the Kansas Statutes Annotated and amendments thereto shall be subject
to seizure and may be condemned, disposed of or sold as the court may
direct. The proceeds from any such sale, and all penalties recovered shall
be deposited with the state treasurer in the commercial feeding stuffs fee
fund. The court may in its discretion release the feeding stuffs so seized
when the requirements of the law have been complied with, and upon
payment of all costs and expenses incurred by the state in any proceedings
connected with such seizure. The seizure proceedings as provided in K.S.A.
41-805 and amendments thereto, shall be followed. in place until such time
that the final disposition of the affected feeding stuffs has been determined
by sampling and analysis. Within 30 days of seizure in place, upon verifi-
cation that the suspected feeding stuffs are misbranded, adulterated or con-
tain a substance or substances that may be injurious to public health or the
health of livestock, poultry or pets, the secretary shall issue an order estab-
lishing measures to prevent further contamination or the threat to public or
animal health. The opportunity for hearing pursuant to the Kansas admin-
istrative procedure act shall be provided upon issuance of the order. The
secretary may order the destruction of contaminated feeding stuffs if no
alternative assures that further contamination or health hazards are averted,
and may be imposed in addition to any other penalty established by law.
The district courts of the state of Kansas shall have jurisdiction to restrain
violations of this act by injunction.

 Sec.  3. K.S.A. 2000 Supp. 2-1008 and 2-1011 are hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 2, 2001.
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