CHAPTER 181 SENATE BILL No. 438 An Act concerning agriculture; relating to powers, duties and responsibilities of secretary
of agriculture; fees and penalties; amending K.S.A. 2-1205, 2-2204, 2-2440, 2-2440b, 2-
2441a, 2-2443a, 2-2445a, 2-2805, 2-2806, 2-2905, 2-2906, 2-3304, 2-3306, 2-3318 and
82a-727 and K.S.A. 2001 Supp. 65-771, 65-775, 65-778, 65-781, 65-782, 65-789, 82a-
708a, 82a-708b, 82a-714, 83-302 and 83-402 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2-1205 is hereby amended to read as follows: 2-
1205. An inspection fee shall be collected upon all commercial fertilizers
sold, offered or exposed for sale, or distributed in Kansas, which shall be
at a rate per ton of 2,000 pounds fixed by rules and regulations adopted
by the secretary of agriculture, except that such rate shall not exceed $1.67
per ton of 2,000 pounds. The secretary of agriculture may adopt rules
and regulations establishing the inspection fee rate under this section.
Each person registering any commercial fertilizer shall pay the inspection
fee on such commercial fertilizer sold, offered or exposed for sale, or
distributed in Kansas~~, and~~. Each such person shall keep adequate records
showing the tonnage of each commercial fertilizer shipped to or sold,
offered or exposed for sale, or distributed in Kansas~~, and~~. The secretary,
and duly authorized representatives of the secretary, shall have authority
to examine such records and other pertinent records necessary to verify
the statement of tonnage.

Each person registering any commercial fertilizer shall file an affidavit
semiannually, with the secretary, within 30 days after each January 1 and
each July 1, showing the tonnage of commercial fertilizer sold or distrib-
uted in Kansas for the preceding six-month period~~, and~~. Each such person
shall pay to the secretary the inspection fee due ~~thereon~~ for such six-
month period, except that the registrant shall not be required to pay the
inspection fee or report the tonnage of commercial fertilizers or fertilizer
materials sold and shipped directly to fertilizer manufacturers or mixers,
~~but~~. The fertilizer manufacturers or mixers shall keep adequate records
of the commercial fertilizers sold or distributed in this state, and report
to the secretary the tonnage ~~thereof~~ and pay the inspection fee due
~~thereon~~. If the affidavit is not filed and the inspection fee is not paid
within the ~~thirty-day~~ 30-day period, or if the report of tonnage is false,
the secretary may revoke the registrations filed by such person~~; and~~. If
the affidavit is not filed and the inspection fee is not paid within the ~~thirty-~~
~~day~~ 30-day period, or any extension thereof granted by the secretary, a
penalty of $5 per day, or commencing on July 1, 2002, and ending on
June 30, 2005, a penalty of $5 $10 per day shall be assessed against the
registrant and the inspection fee and penalty shall constitute a debt and
become the basis for a judgment against such person. The secretary may
grant a reasonable extension of time.

The secretary of the department of agriculture is hereby authorized
and empowered to reduce the inspection fee by adopting rules and reg-
ulations under this section whenever ~~it shall determine~~ the secretary de-
termines that the inspection fee is yielding more than is necessary for the
purpose of administering the provisions of this act as listed below and the
plant pest act~~, and~~. The secretary is hereby authorized and empowered
to increase the inspection fee by adopting rules and regulations under
this section when it finds that such is necessary to produce sufficient
revenues for the purposes of administering the provisions of this act, ~~but~~
except that the inspection fee shall not be increased in excess of the max-
imum fee prescribed by this section. The secretary shall remit all moneys
received by or for the secretary under article 12 of chapter 2 of 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 such remittance, the state treasurer shall
deposit the entire amount in the state treasury and shall credit such re-
mittance as follows: (1) An amount equal to $1.40 per ton shall be credited
to the state water plan fund created by K.S.A. 82a-951, and amendments
thereto; (2) an amount equal to $.04 per ton shall be credited to the
fertilizer research fund; ~~and~~ (3) commencing July 1, 2002, and ending on
June 30, 2005, an amount equal to $.05 per ton shall be credited to the
fertilizer and pesticide compliance and administration fund; and (4) the
remainder shall be credited to the fertilizer fee fund. ~~On and after July~~
~~1, 2000, through June 30, 2002, an amount not to exceed $35,000 per~~
~~year may be used to fund plant pest activities.~~ All expenditures from the
fertilizer fee fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of the department of agriculture or
by a person or persons designated by the secretary.

Sec. 2. K.S.A. 2-2204 is hereby amended to read as follows: 2-2204.
(a) Every agricultural chemical which is distributed, sold or offered for
sale within this state or delivered for transportation or transported in
intrastate commerce or between points within this state through any point
outside this state shall be registered in the office of the secretary. All
registration of products shall expire on December 31 following the date
of issuance, unless such registration shall be renewed annually, in which
event expiration date shall be extended for each year of renewal registra-
tion, or until otherwise terminated. Products which have the same for-
mula, and are manufactured by the same person, the labeling of which
contains the same claims, and the labels of which bear a designation
identifying the product as the same agricultural chemical may be regis-
tered as a single product and additional names and labels shall be added
by supplement statements during the current period of registration.
Within the discretion of the secretary, or an authorized representative of
the secretary, a change in the labeling or formulas of an agricultural chem-
ical may be made within the current period of registration without re-
quiring a reregistration of the product. Any agricultural chemical im-
ported into this state which is subject to the provisions of any federal act
providing for the registration and which has been duly registered under
the provisions of such federal act, in the discretion of the secretary, may
be exempted from registration under this act when such agricultural
chemical is sold or distributed in the unbroken immediate container in
which such agricultural chemical was originally shipped.

(b) The registrant shall file with the secretary, a statement including:
(1) The name and address of the registrant and the name and address of
the person whose name will appear on the label if other than the regis-
trant; (2) the name of the agricultural chemical; (3) a complete copy of
the labeling accompanying the agricultural chemical and a statement of
all claims made and to be made for it and a statement of directions for
use; and (4) if requested by the secretary, or an authorized representative
of the secretary, a full description of the tests made and the results thereof
upon which the claims are based. In the case of renewal of registration,
a statement shall be required only with respect to information which is
different from that furnished when the product was registered or last
reregistered.

(c) The registrant shall pay an annual fee fixed by rules and regula-
tions adopted by the ~~state board~~ secretary of agriculture, except that such
fee shall not exceed $130, or commencing July 1, 2002, and ending on
June 30, 2005, such fee shall not exceed ~~$130~~ $150 for each agricultural
chemical registered. Such fee shall be deposited in the state treasury and
credited as follows: (1) An amount equal to $100 for each fee so deposited
shall be credited to the state water plan fund created by K.S.A. 82a-951,
and amendments thereto; and (2) the remainder shall be credited to the
agricultural chemical fee fund to be used for carrying out the provisions
of this act. The annual fee for each agricultural chemical registered which
is in effect on the day preceding the effective date of this act shall con-
tinue in effect until the ~~state board~~ secretary of agriculture adopts rules
and regulations fixing a different fee therefor under this subsection. The
~~state board~~ secretary of agriculture is hereby authorized and empowered,
whenever it determines that the fee imposed by this subsection and paid
into the state treasury as provided by law is yielding more revenue than
is required for the purposes to which such fee is devoted by law, to reduce
the fee imposed by this subsection for such period as the ~~board~~ secretary
shall deem justified by adopting rules and regulations under this subsec-
tion but not for less than one year. In the event that the ~~board~~ secretary,
after reducing such fee, finds that sufficient revenues are not being pro-
duced by such reduced fee, the ~~board~~ secretary is authorized and em-
powered by adopting rules and regulations under this subsection, to re-
store in full or in part such fee to an amount which, in the judgment of
the ~~board~~ secretary, will produce sufficient revenues for the purposes as
provided in this section, but not exceeding the maximum amount of the
fee imposed by this subsection.

(d) The secretary, or an authorized representative of the secretary,
whenever it is deemed essential in the administration of this act, may
require the submission of the complete formula of any agricultural chem-
ical. If it appears to the secretary, or an authorized representative of the
secretary, that the composition of the product is such as to warrant the
proposed claims for the product and if the product and its labeling and
other material required to be submitted comply with the requirements
of this act, the secretary shall register the product.

(e) If it does not appear to the secretary, or an authorized represen-
tative of the secretary, that the product is such as to warrant the proposed
claims for it or if the product and its labeling and other material required
to be submitted do not comply with the provisions of this act, the secretary
shall notify the registrant of the manner in which the product, labeling,
or other material required to be submitted fail to comply with the act so
as to afford the registrant an opportunity to make the necessary correc-
tions.

(f) In order to protect the public, the secretary, or a duly authorized
representative of the secretary, on the secretary's own motion, may at any
time, after written notice to the registrant, cancel the registration of an
agricultural chemical. Any person so notified shall be given an opportunity
for a hearing in accordance with the provisions of the Kansas administra-
tive procedure act with regard to the secretary's contemplated action,
before any registration is canceled or revoked.

(g) Notwithstanding any other provisions of this act, registration is
not required in the case of an agricultural chemical shipped from one
plant within this state to another plant within this state operated by the
same person.

Sec. 3. K.S.A. 2-2440 is hereby amended to read as follows: 2-2440.
(a) Subject to the provisions of subsection (d), it is unlawful for any pes-
ticide business which has not been issued a pesticide business license to:

(1) Advertise, offer for sale, sell or perform any service for the control
of a pest on the property of another or apply a pesticide to the property
of another within this state; or

(2) perform any service for the control of a pest or apply any pesticide
on or at the premises of another person under any commission, division
of receipts or subcontracting arrangement with a licensed pesticide busi-
ness.

Nothing in this subsection shall be construed to require the licensing
of any person applying restricted use pesticides to the property of another
as a certified private applicator or under the supervision of a certified
private applicator.

(b) Application for a pesticide business license or renewal shall be
made in writing to the secretary on a designated form obtained from the
secretary's office and shall be accompanied by an application fee per
category in which the licensee applies, and an additional fee for each
uncertified individual employed by the applicant to apply pesticides. On
~~and after the effective date of this act through June 30, 1999~~ The appli-
cation fee per category shall be $112, or commencing July 1, 2002, and
ending June 30, 2005, the application fee per category shall be ~~$112~~ $140
per category in which the licensee applies. ~~On and after July 1, 1999, the~~
~~application fee per category shall be $100 per category in which the li-~~
~~cense applies.~~ An additional fee of $10, or commencing July 1, 2002, and
ending June 30, 2005, an additional fee of ~~$10~~ $15 shall be paid for each
uncertified individual employed by the applicant to apply pesticides. The
application fee per category and the additional fee for each uncertified
employee in effect on the day preceding the effective date of this act shall
continue in effect until the ~~state board~~ secretary of agriculture adopts
rules and regulations fixing a different fee ~~therefor~~ under this subsection.
Any uncertified individual employed for a period of more than 10 days
in a 30-day period or for five consecutive days by a licensee to apply
pesticides subsequent to such application shall be reported to the secre-
tary within 30 days of such employee's hiring and the fee shall be paid at
that time. Each application shall also include the following:

(1) The business name of the person applying for such license or
renewal;

(2) if the applicant is an individual, receiver, trustee, representative,
agent, firm, partnership, association, corporation or other organized
group of persons, whether or not incorporated, the full name of each
owner of the firm or partnership or the names of the officers of the
association, corporation or group;

(3) the principal business address of the applicant in the state and
elsewhere; and

(4) any other information the secretary, by rules and regulations,
deems necessary for the administration of this act.

(c) The secretary may issue a pesticide business license to apply pes-
ticides in categories for which an applicant has applied if the applicant
files the bond, insurance, letter of credit or proof of an escrow account
as required under K.S.A. 2-2448, and amendments thereto, satisfies the
requirements of subsection (b), and pays the required fees. Such license
shall expire at the end of the calendar year for which it is issued unless it
has been revoked or suspended prior thereto. If a license is not issued as
applied for, the secretary shall inform the applicant in writing of the
reasons therefor.

(d) The following persons shall be exempted from the licensing
requirements of this act:

(1) State or federal personnel using pesticides or pest control services
while engaged in pesticide use research;

(2) veterinarians or physicians using pesticides as a part of their pro-
fessional services; and

(3) any person or such person's employee who applies pesticides on
or at premises owned, leased or operated by such person.

(e) Subject to the provisions of subsection (d), it is unlawful for any
governmental agency which has not been issued a government agency
registration to apply pesticides within this state. Application for govern-
ment agency registration shall be made in writing to the secretary on a
designated form obtained from the secretary's office and shall be accom-
panied by a fee fixed by rules and regulations adopted by the ~~state board~~
secretary of agriculture, except that such fee shall not exceed $35, or
commencing July 1, 2002, and ending June 30, 2005, such fee shall not
exceed ~~$35~~ $50. The governmental agency registration fee in effect on
the day preceding the effective date of this act shall continue in effect
until the ~~state board~~ secretary of agriculture adopts rules and regulations
fixing a different fee therefor under this subsection. No fee shall be re-
quired of any township located within a county which has previously ap-
plied for and received government agency registration. Each application
for registration shall contain information including, but not limited to:

(1) The name of the government agency;

(2) the mailing address of the applicant;

(3) the name and mailing address of the person who heads such
agency and who is authorized to receive correspondence and legal papers.
Such person shall be: (A) The mayor or city manager for municipalities,;
(B) the chairperson of the board of county commissioners for counties,;
(C) the township trustee for townships; or (D) any person designated by
any other governmental agency; and

(4) any other information the secretary, by rules and regulations,
deems necessary for the administration of this act.

(f) If the secretary finds the application to be sufficient, the secretary
shall issue a government agency registration. The government agency is
not required to furnish a surety bond under this act. Such government
agency registration shall expire at the end of the calendar year for which
it is issued unless it has been revoked or suspended prior thereto. If a
registration is not issued as applied for, the secretary shall inform the
applicant in writing of the reasons therefor.

(g) A pesticide business license or government agency registration
may be renewed by meeting the same requirements as for a new license
or registration. Neither the pesticide business license nor the government
agency registration shall be transferable, except that, in the event of the
disability, incapacity or death of the owner, manager or legal agent of a
pesticide business licensee, a permit may be issued by the secretary to
permit the operation of such business until the expiration period of the
license in effect at the time of such disability, incapacity or death if the
applicant therefor can show that the policies and services of such business
will continue substantially as before, with due regard to protection of the
public and the environment.

(h) No pesticide business license may be issued to any person until
such person is or has in such person's employ one or more individuals
who are certified commercial applicators in each of the categories for
which the license application is made.

Sec. 4. K.S.A. 2-2440b is hereby amended to read as follows: 2-
2440b. (a) It shall be unlawful for any pesticide business licensee to apply
pesticides for the control of wood destroying pests, structural pests, or-
namental pests or turf pests unless the applicator of the pesticide is a
certified commercial applicator or is a registered pest control technician,
except that an uncertified commercial applicator may apply pesticides
when either a certified applicator or registered pest control technician is
physically present.

(b) Any such employee applying for a pest control technician regis-
tration shall file an application on a form prescribed by the secretary.
Application for such registration shall be accompanied by an application
fee established by rules and regulations adopted by the ~~board~~ secretary,
except that such fee shall not exceed $25, or commencing July 1, 2002,
and ending June 30, 2005, such fee shall not exceed ~~$25~~ $40 and shall be
reduced (,but not below zero), by an amount equal to the additional fee
paid under subsection (b) of K.S.A. 2-2440 and amendments thereto for
such uncertified individual.

(c) If the secretary finds the applicant qualified to be a registered
pest control technician after meeting the training requirements deter-
mined by the secretary in rules and regulations, the secretary shall issue
a pest control technician registration which will expire at the end of the
calendar year.

(d) This section shall be part of and supplemental to the Kansas pes-
ticide law.

Sec. 5. K.S.A. 2-2441a is hereby amended to read as follows: 2-
2441a. No individual except the following shall use any restricted use
pesticide without a commercial applicator's certificate issued by the sec-
retary: (a) Individuals applying restricted use pesticides under a private
applicator certification;

(b) employees of a pesticide business licensee using only nonaerial
methods of applying pesticides and who work only under the supervision
of a certified commercial applicator~~, and~~. The secretary may authorize
any certified aerial applicator to apply restricted use pesticides in a cat-
egory other than one in which such applicator is certified under the su-
pervision of an applicator certified in the category in which the pesticide
is being applied during an emergency situation declared by the secretary
with the consent of the governor;

(c) veterinarians or physicians using pesticides as a part of their pro-
fessional services;

(d) qualified laboratory personnel employed by recognized pesticide
research facilities, using pesticides or pest control services while engaged
in pesticide use research; and

(e) federal employees using pesticides as a part of their employment
by a federal agency which has its own certification program which is the
full equivalent of the requirements of this state.

Such a commercial applicator's certificate shall be required in addition
to any other license or permit required by law for the operation or use
of pesticide application equipment. Any person applying for such com-
mercial applicator's certificate shall file an application on a form pre-
scribed by the secretary. Application for a certificate to apply pesticides
shall be accompanied by an application fee per category in which the
applicant applies which fee is fixed by rules and regulations adopted by
the ~~state board~~ secretary of agriculture, except that such fee shall not
exceed $35, or commencing July 1, 2002, and ending June 30, 2005, such
fee shall not exceed ~~$35~~ $50 per category in which the applicant applies.
The commercial applicator's certificate fee in effect on the day preceding
the effective date of this act shall continue in effect until the ~~state board~~
secretary of agriculture adopts rules and regulations fixing a different fee
therefor under this section. If the secretary finds the applicant qualified
to apply pesticides in the categories the applicant has applied for after
examinations on the same basis as provided for in K.S.A. 2-2443a and
amendments thereto, the secretary shall issue a commercial applicator's
certificate limited to the categories for which the applicant is qualified,
which certificate shall expire at the end of the second calendar year after
the year of issue. If a certificate is not issued as applied for, the secretary
shall inform the applicant in writing of the reasons for such denial.

Sec. 6. K.S.A. 2-2443a is hereby amended to read as follows: 2-
2443a. An applicant for a commercial applicator's certificate shall show
upon written examination that the applicant possesses adequate knowl-
edge concerning the proper use and application of pesticides in the cat-
egories for which the applicant has applied. Upon the recommendation
of the secretary, a commercial applicator who holds a current certificate
to apply pesticides commercially in any other state or political subdivision
of the United States may be exempted from examination for certification
in this state upon payment of proper fees~~, which~~. Such fees shall not be
less than any comparable fees charged by the commercial applicator's
state to Kansas certificate holders, if such state or political subdivision's
requirements for certification were the full equivalent of the require-
ments of this state at the time it was issued and if the proper authorities
of the state from which the applicant holds such commercial applicator's
certificate, or its equivalent, agree to accept on an equal basis holders of
certificates issued by the authorities of this state.

Applicants shall submit with each application an examination fee per
category in which the applicant is to be examined which fee is fixed by
rules and regulations adopted by the ~~state board~~ secretary of agriculture,
except that such fee shall not exceed $25, or commencing July 1, 2002,
and ending June 30, 2005, such fee shall not exceed ~~$25~~ $35 per category
in which the applicant is to be examined. The examination fee in effect
on the day preceding the effective date of this act shall continue in effect
until the ~~state board~~ secretary of agriculture adopts rules and regulations
fixing a different fee therefor under this section. Applicants who fail to
pass the examination may reapply and take another examination upon
paying another examination fee per category in which the applicant is to
be reexamined which fee is fixed by rules and regulations adopted by the
~~state board~~ secretary of agriculture, except that such fee shall not exceed
$25, or commencing July 1, 2002, and ending June 30, 2005, such fee
shall not exceed ~~$25~~ $35 per category in which the applicant is to be
reexamined. The reexamination fee in effect on the day preceding the
effective date of this act shall continue in effect until the ~~state board~~
secretary of agriculture adopts rules and regulations fixing a different fee
therefor under this section. The examination shall include, but is not
limited to, the following:

(a) The proper use of the equipment.

(b) The hazards that may be involved in applying the pesticides, in-
cluding:

(1) The effect of drift of the pesticides on adjacent and nearby lands
and other non-target organisms;

(2) the proper meteorological conditions for the application of pes-
ticides and the precautions to be taken ~~therewith~~ with such application;

(3) the effect of the pesticides on plants or animals in the area, in-
cluding the possibility of damage to plants or animals or the possibility of
illegal pesticide residues resulting on them;

(4) the effect of the application of pesticides to wildlife in the area,
including aquatic life;

(5) the identity and classification of pesticides used and the effects of
their application in particular circumstances; and

(6) the likelihood of contamination of water or injury to persons,
plants, livestock, pollinating insects and vegetation.

(c) Calculating the concentration of pesticides to be used.

(d) Identification of common pests to be controlled and damages
caused by such pests.

(e) Protective clothing and respiratory equipment for handling and
application of pesticides.

(f) General precautions to be followed in the disposal of containers
as well as the cleaning and decontamination of the equipment which the
applicant proposes to use.

(g) Applicable state and federal pesticide laws and regulations.

(h) Any other subject which the secretary deems necessary.

Sec. 7. K.S.A. 2-2445a is hereby amended to read as follows: 2-
2445a. In lieu of obtaining a commercial applicator's certificate under the
provisions of K.S.A. 2-2441a and amendments thereto, a private appli-
cator's certificate may be applied for by and issued to individuals using
restricted use pesticides for the purpose of: (a) Producing any agricultural
commodity~~, (1)~~ on property owned or rented by the individual or such
individual's employer, or ~~(2)~~ on the property of another for no compen-
sation other than the trading of personal services between producers; or
(b) controlling ornamental shrubbery or turf pests on property owned or
rented by the individual and such property is used as the individual's
residence. Such certificates shall expire on the anniversary of the individ-
ual's date of birth occurring in the fifth calendar year following the year
of issue. ~~The extension of the certification period from three to five years~~
~~shall apply to all individuals having a valid private applicator's certificate~~
~~on June 30, 1981.~~ No certification shall be required hereunder for indi-
viduals operating under the supervision of a certified private applicator.

Certified private applicator certificates may be issued to individuals
who have paid:(a) A fee fixed by rules and regulations adopted by the
~~state board~~ secretary of agriculture, except that such fee shall not exceed
$10, or commencing July 1, 2002, and ending June 30, 2005, such fee
shall not exceed ~~$10,~~ $25; and (b) who have acquired practical knowledge
of pest problems, proper storage, use, handling and disposal of pesticides
and pesticide containers, pertinent information found on the pesticide
labels, pesticide use safety and environmental considerations, either
through Kansas state university extension service educational training or
through individual study of educational materials available at county ex-
tension offices or the ~~state board~~ secretary of agriculture. The certified
private applicator certificate fee in effect on the day preceding the effec-
tive date of this act shall continue in effect until the ~~state board~~ secretary
of agriculture adopts rules and regulations fixing a different fee therefor
under this section. Individuals shall indicate adequate knowledge of the
subjects enumerated herein by passing an open-book examination ap-
proved by the secretary.

Educational materials and examination blanks shall be made available
at county extension offices and at places where extension educational
training is conducted. The examinations shall be scored by members of
the extension or secretary's staff. If an individual passes the examination
by equaling or exceeding a standard authorized by the secretary, a cer-
tified private applicator's certificate shall be issued to such individual.
Such staff member shall send a copy of the certificate issued, together
with the fee, to the secretary.

Upon the recommendation of the secretary, a certified applicator who
holds a current certificate to apply pesticides as a certified private appli-
cator in any other state or political subdivision of the United States may
be exempted from examination for private applicator certification in this
state upon payment of proper fees~~, which~~. Such fees shall not be less than
any comparable fees charged by the certified private applicator's state to
Kansas certificate holders, if such state or political subdivision's require-
ments for certification were the full equivalent of the requirements of
this state at the time it was issued and if the proper authorities of the
state from which the applicant holds such certified private applicator's
certificate, or its equivalent, agree to accept on an equal basis holders of
certificates issued by the authorities of this state.

Sec. 8. K.S.A. 2-2805 is hereby amended to read as follows: 2-2805.
Each soil amendment product shall be registered with the secretary be-
fore it is distributed in this state. Application for registration shall be
submitted to the secretary, on a form prepared for that purpose, showing
the information required on the label, as provided in K.S.A. 2-2804, and
amendments thereto, except net weight of product. The registration fee
shall be fixed by rules and regulations adopted by the ~~state board~~ secretary
of agriculture for each product, except that such fee shall not exceed $50,
or commencing July 1, 2002, and ending June 30, 2005, such fee shall not
exceed ~~$50~~ $60 for each product. The soil amendment product registra-
tion fee in effect on the day preceding the effective date of this act shall
continue in effect until the ~~state board~~ secretary of agriculture adopts
rules and regulations fixing a different fee therefor under this section. All
registrations shall expire on December 31 of the year in which such soil
amendment product is registered. The applicant shall submit with the
application for registration a copy of the label and a copy of all advertise-
ments, brochures, posters and television and radio announcements to be
used in promoting the sale of the soil amendment.

Sec. 9. K.S.A. 2-2806 is hereby amended to read as follows: 2-2806.
(a) The registrant shall pay to the secretary an inspection fee of $.20, or
commencing July 1, 2002, and ending June 30, 2005, an inspection fee of
~~twenty cents (20)~~ $.28 per ton on all products registered and sold in this
state, except that, in the case of manipulated animal manures, such fee
shall only be assessed on the tonnage of ingredients added to the other-
wise unmanipulated animal manures. Each registrant shall keep adequate
records of ~~his or her~~ such registrant's sales, and shall file with the sec-
retary, on a semiannual basis, a signed report of the tonnage distributed
by county during the preceding ~~six month~~ six-month periods beginning
July first to and including December ~~thirty-first~~ 31st and January first to
and including June ~~thirtieth~~ 30th. The report and payment of the inspec-
tion fee shall be due within ~~thirty~~ 30 days from the date of the close of
each period.

(b) If the report is not filed, if the report is false in any respect or if
the inspection fee is not paid within the ~~thirty-day~~ 30-day period, the
secretary may revoke the registration. A penalty of $1, or commencing
July 1, 2002, and ending June 30, 2005, a penalty of ~~one dollar ($1)~~ $10
per day is assessed for each day the payment is overdue until paid. The
inspection fee and the penalty shall constitute a debt and become the
basis for a judgment against the registrant which may be collected by the
secretary in any court of competent jurisdiction without prior demand.

(c) The secretary is hereby authorized to reduce the inspection fee
provided for in subsection (a) whenever ~~he or she shall determine~~ the
secretary determines that such inspection fee is yielding more than is
necessary for the purpose of administering the provisions of this act. The
secretary is authorized and empowered to increase such inspection fee,
or restore it such inspection fee, in full or in part, when it such inspection
fee is necessary to produce sufficient revenues for the purposes of ad-
ministering this act but not in excess of the ~~fee herein before stated~~
provisions of this section.

Sec. 10. K.S.A. 2-2905 is hereby amended to read as follows: 2-2905.
Every manufacturer of liming materials to be distributed in this state shall
on July 1 of each year, or prior to manufacture or distribution of such
liming materials, register each manufacturing facility on a form furnished
by the secretary of ~~the state board of~~ agriculture, the application to be
accompanied by a fee of $25, or commencing July 1, 2002, and ending
June 30, 2005, a fee of ~~twenty-five dollars ($25)~~ $30. All such licenses
shall expire on June 30 of the following year.

Sec. 11. K.S.A. 2-2906 is hereby amended to read as follows: 2-2906.
(a) Within ~~thirty (30)~~ 30 days following expiration of registration, each
registrant shall submit, on a form furnished by the secretary of the state
board of agriculture, an annual statement setting forth the number of net
tons of each agricultural liming material sold by such registrant for use
within the state during the previous ~~twelve-month~~ 12-month period. Such
statement shall be accompanied by payment of an inspection fee which
shall be at the rate of $.05, or commencing July 1, 2002, and ending June
30, 2005, the rate of ~~five cents (5¢ )~~ $.07 per ton.

(b) The secretary is hereby authorized and empowered to reduce the
inspection fee provided for in subsection (a) whenever ~~it is determined~~
the secretary determines that such fee is yielding more than is necessary
for the purpose of administering the provisions of this act. The secretary
is authorized and empowered to increase such inspection fee, or restore
it such inspection fee, in full or in part, when it such inspection fee is
necessary to produce sufficient revenues for the purposes of administer-
ing the provisions of this act, but not in excess of the fee ~~hereinbefore~~
~~stated~~ as provided in this section.

Sec. 12. K.S.A. 2-3304 is hereby amended to read as follows: 2-3304.
(a) Any user of the chemigation process shall register and obtain a chem-
igation user's permit before using the process.

(b) Registration shall consist of making application on a form supplied
by the secretary. Such application shall include, but not be limited to:

(1) The name of the persons to whom a permit is to be issued (,
including an owner or operator of land on which chemigation is to be
used);

(2) a plan for using anti-pollution devices;

(3) a plan for handling tail water or accumulations of water;

(4) the number and locations (, including a legal description), of well-
heads which may be involved in the chemigation process and surface
water supply withdrawal points, not to include siphon tubes; and

(5) payment of fees.

(c) ~~On and after the effective date of this act through June 30, 1999,~~
The application fee for a chemigation user's permit shall be $55 plus $10
for each additional point of diversion, or commencing July 1, 2002, and
ending June 30, 2005, shall be ~~$55~~ $75 plus ~~$10~~ $15 for each additional
point of diversion. ~~On and after July 1, 1999, the application fee for a~~
~~chemigation user's permit shall be $50 plus $10 for each additional point~~
~~of diversion.~~ A chemigation user's permit may be renewed each year upon
making an application, payment of the application fee and completing the
report form providing information used in chemigation the previous year.

Sec. 13. K.S.A. 2-3306 is hereby amended to read as follows: 2-3306.
(a) Any individual operating chemigation equipment under a chemigation
user permit shall be responsible for the safe operation of such chemiga-
tion equipment and any such equipment shall be considered to be under
the direct supervision of the chemigation user permit holder.

(b) The secretary shall not issue a chemigation user permit to any
person unless such person is a certified chemigation equipment operator
or has in such person's employment at least one certified chemigation
equipment operator. A chemigation equipment operator is an individual
who has successfully completed an examination given by the secretary or
the secretary's designee. Except as provided in subsection (c), if the
chemigation user permit is issued to an individual, that individual must
have successfully completed the chemigation equipment operator ex-
amination. Such examination shall include, but not be limited to, the
following:

(1) The proper use of anti-pollution devices;

(2) preparing the chemical solution and filling the chemical supply
container;

(3) calibrating of injection equipment;

(4) supervision of chemigation equipment to assure its safe operation;

(5) environmental and human hazards that may be involved in chem-
igation;

(6) protective clothing and respiratory equipment;

(7) general precautions to be followed in disposal of containers and
decontamination of the equipment;

(8) handling of tail water and other accumulations of water containing
chemicals;

(9) information of procedures to be followed should chemicals in-
advertently enter the water supply source as a result of the chemigation
process;

(10) label information, especially chemigation instructions;

(11) applicable state and federal laws and regulations; and

(12) any other subject which the secretary deems necessary.

(c) The examination provided for in subsection (b) may be waived for
any individual who has been certified as a pesticide applicator in the
category of chemigation pursuant to the Kansas pesticide law.

(d) The chemigation equipment operator certification shall expire on
December 31 of the fourth calendar year after the year of issue. A chem-
igation equipment operator certification shall be renewed for a succeed-
ing five year period upon payment of the certification fee and passing the
examination specified in either subsection (b) or (c).

(e) The fee for certification as a chemigation equipment operator or
for renewal of such certification shall be $10, or commencing July 1, 2002,
and ending June 30, 2005, such certification shall be ~~$10~~ $25.

Sec. 14. K.S.A. 2-3318 is hereby amended to read as follows: 2-3318.
(a) Regardless of whether irrigation water is added, whenever swine waste
is applied to crops or land, the secretary is authorized to investigate,
inspect or conduct any manner of examination or review of the application
of swine waste. No swine waste shall be applied to crops or land in excess
of agronomic application rates.

(b) The secretary shall review and approve all nutrient utilization
plans that provide for the application of swine waste to crops or land and
that are submitted by swine confined feeding facilities pursuant to K.S.A.
2001 Supp. 65-1,182 and amendments thereto if the plans demonstrate
that swine waste will be applied pursuant to agronomic application rates
and include all required information. Nutrient utilization plans shall be
submitted ~~in the~~ on a form required by the secretary. The secretary shall
notify the secretary of health and environment when a nutrient utilization
plan has been approved and whether the approval is conditioned on any
amendments or revisions to the plan.

(c) ~~Any soil tests required by the secretary to evaluate whether ag-~~
~~ronomic application rates are being met must be paid for by the swine~~
~~confined feeding facility regardless of whether the soil to be tested is~~
~~from land owned by such facility.~~

~~(d)~~ Failure of the operator of a swine confined feeding facility to
implement a nutrient utilization plan approved by the secretary shall be
considered a violation of the Kansas chemigation safety law for which the
secretary may suspend a permit pursuant to K.S.A. 2-3310 and amend-
ments thereto or may impose a civil penalty pursuant to K.S.A. 2-3317
and amendments thereto, or both.

~~(e)~~ (d) This section shall be part of and supplemental to the Kansas
chemigation safety law.

Sec. 15. K.S.A. 2001 Supp. 65-771 is hereby amended to read as
follows: 65-771. As used in this act:

(a) ``Adulterated'' has the same meaning as ~~ascribed to it~~ provided in
K.S.A. 65-664, and amendments thereto.

(b) ~~``Counter freezer'' means a counter type freezing machine used~~
~~to produce frozen dairy products.~~

~~(c)~~ ``Dairy manufacturing plants'' means any place where dairy prod-
ucts, grade A milk or milk products are manufactured or prepared for
sale or distribution, either at wholesale or retail. This term shall not in-
clude a licensed food service establishment which is licensed to manu-
facture homemade ice cream pursuant to this act.

~~(d)~~ (c) ``Dairy products'' means products which may be made from
milk or cream for manufacturing purposes and which are not required to
meet grade A standards, including butter, cheese, dry whole milk, nonfat
dry milk, dry buttermilk, dry whey, evaporated milk (, whole or skim),
condensed whole milk, condensed skim milk (, sweetened or plain), fro-
zen dairy dessert, and frozen dairy dessert mixes and such other products
as may be otherwise designated by rules and regulations.

~~(e)~~ (d) ``Frozen dairy dessert'' means and includes products contain-
ing milk or cream and other ingredients which are frozen or semi-frozen
prior to consumption, such as ice cream, ice milk or sherbet, including
frozen dairy desserts for special dietary purposes.

~~(f)~~ (e) ``Frozen dairy dessert mix'' means the pasteurized unfrozen
combination of all ingredients with or without fruits, fruit juices, candy,
nut meats, flavor or harmless color which makes a frozen dairy dessert.

~~(g)~~ (f) ``Goat milk'' means the normal lacteal secretion, practically free
of colostrum, obtained by the complete milking of one or more healthy
goats. Goat milk sold in retail packages shall contain not less than 2.5 %
milkfat and not less than 7.5 % milk solids not fat. Goat milk shall be
produced according to the sanitary standards of this act.

~~(h)~~ (g) ``Grade A pasteurized milk'' means pasteurized milk which has
at least a 90% survey rating, as determined by a survey of the source
conducted by the secretary pursuant to the survey rating methods for
conducting surveys of the status of milk sanitation. The milk shall meet
the requirements for grade A under the rules and regulations adopted
pursuant to this act. The secretary may authorize the use of the grade A
designation for a temporary time period on grade A pasteurized milk
within the statewide system of milk inspection and regulatory services,
although such grade A pasteurized milk does not have at least a 90%
survey rating.

~~(i)~~ (h) ``Grade A pasteurized milk products'' means all pasteurized
milk products which have at least a 90% survey rating, as determined by
a survey of the source conducted by the secretary pursuant to the survey
rating methods for conducting surveys of the status of milk sanitation.
The pasteurized milk products shall meet the requirements for grade A
under rules and regulations adopted pursuant to this act. The secretary
may authorize the use of the grade A designation for a temporary time
period on grade A pasteurized milk products within the statewide system
of milk inspection and regulatory services, although such grade A pas-
teurized milk products do not have at least a 90% survey rating.

~~(j)~~ (i) ``Grade A raw milk for pasteurization'' means milk having at
least 90% survey rating, as determined by a survey of the source con-
ducted by the secretary pursuant to the survey rating methods for con-
ducting surveys of the status of milk sanitation, the raw milk meeting the
requirements for grade A under the rules and regulations adopted pur-
suant to this act. The secretary may authorize the use of the grade A
designation for a temporary time period on grade A raw milk for pas-
teurization within the statewide system of milk inspection and regulatory
services, although such milk does not have at least a 90% survey rating.

~~(k)~~ (j) ``Imminent health hazard'' means any condition which involves
milk, milk products, or dairy products, or any practice or procedure in
the handling, transportation, storage, processing or manufacturing of a
milk, milk product or dairy product which poses a significant threat of
danger to the public health which should be corrected immediately to
prevent injury or sickness and which should not be permitted to continue
while a hearing or other proceeding is being conducted. An imminent
health hazard may be declared at any point in a chain of events which
ultimately may result in harm or danger to the public health. The occur-
rence of the final anticipated injury or other disease related condition
shall not be a prerequisite for the establishment of the existence of an
imminent health hazard.

~~(l)~~ (k) ``In package form'' means any commodity put up or packaged
in any manner in advance of sale so as to constitute a unit quantity of the
commodity for either wholesale or retail sale, exclusive of any auxiliary
container enclosing such packages which individually conform to the
requirements of this act.

~~(m)~~ (l) ``Milk'' means the lacteal secretion, practically free from co-
lostrum, obtained by the complete milking of one or more healthy cows.
Milk that is in final package form for beverage use shall have been pas-
teurized or ultrapasteurized, and shall contain not less than 8.25% milk
solids not fat and not less than 3.25% milkfat. Milk may have been ad-
justed by separating part of the milkfat therefrom, or by adding thereto
cream, concentrated milk, dry whole milk, skim milk, concentrated skim
milk, or nonfat dry milk. Milk may be homogenized. Milk shall be inter-
preted to include goat milk.

~~(n)~~ (m) ``Milk distributor'' means any person who first sells or offers
for sale in Kansas any packaged grade A pasteurized milk, milk product,
or dairy product.

~~(o)~~ (n) ``Milk hauler/sampler'' means any person who collects official
samples and may transport raw milk from a farm or raw milk products to
or from a milk plant or both, receiving station or transfer station and has
in their possession a permit from any state to sample such products.

~~(p)~~ (o) ``Milk inspection and regulatory services'' means the inspec-
tion, sampling, laboratory testing and the administrative procedures re-
lating thereto, necessary to determine that the production, processing,
distribution and sale of grade A milk, milk products, and dairy products
comply with the requirements of this act and any rules and regulations
adopted hereunder.

~~(q)~~ (p) ``Milk or cream for manufacturing purposes'' means raw milk
or raw cream which is not subject to grade A standards and which is
produced for processing and manufacturing into dairy products for hu-
man consumption. Milk for manufacturing purposes may contain less than
3.25% of butterfat and shall be delivered pure, sweet and clean.

~~(r)~~ (q) ``Milk or cream receiving station'' means any place where milk
or cream may be received, collected, handled, processed, stored or col-
lected and prepared for further transporting.

~~(s)~~ (r) ``Milk or cream transfer station'' means any place where milk
or cream are transferred directly from one milk tank truck to another.

~~(t)~~ (s) ``Milk processor'' means any person who operates any place,
premises or establishment where grade A raw milk for pasteurization or
milk or cream for manufacturing purposes is processed, pasteurized, bot-
tled or prepared for distribution.

~~(u)~~ (t) ``Milk producer'' means any person who owns or operates a
dairy farm and who provides, sells or offers for sale grade A raw milk for
pasteurization or milk or cream for manufacturing purposes to a milk
plant, receiving station or transfer station.

~~(v)~~ (u) ``Milk products'' means cream, light cream, light whipping
cream, heavy cream, heavy whipping cream, whipped cream, whipped
light cream, sour cream, acidified sour cream, cultured sour cream, half-
and-half, sour half-and-half, acidified sour half-and-half, cultured sour
half-and-half, reconstituted or recombined milk and milk products, con-
centrated milk, concentrated milk products, nonfat (skim) milk, reduced
fat or lowfat milk, frozen milk concentrate, eggnog, buttermilk, cultured
milk, cultured reduced fat or lowfat milk, cultured nonfat (skim) milk,
yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified reduced fat
or lowfat milk, acidified nonfat (skim) milk, low-sodium milk, low-sodium
reduced fat or lowfat milk, low-sodium nonfat (skim) milk, lactose-re-
duced milk, lactose-reduced reduced fat or lowfat milk, lactose-reduced
nonfat (skim) milk, aseptically processed and packaged milk and milk
products, milk, reduced fat or lowfat milk or nonfat (skim) milk with
added safe and suitable microbial organisms and any other milk product
made by the addition or subtraction of milkfat or addition of safe and
suitable optional ingredients for protein, vitamin or mineral fortification
of milk products defined herein. Milk products also include those dairy
foods made by modifying the federally standardized products listed in
this section in accordance with 21 C.F.R. 130.10, requirements for foods
named by use of a nutrient content claim and a standardized term. Milk
and milk products which have been retort processed after packaging or
which have been concentrated, condensed or dried are included in this
definition only if they are used as an ingredient to produce any milk or
milk product defined herein or if they are labeled as Grade A as adopted
and described by rules and regulations promulgated under this act. Except
as otherwise provided, the term milk shall not include dietary products
~~(except as defined herein)~~, infant formula, ice cream or other desserts,
butter or cheese.

~~(w)~~ (v) ``Misbranded'' has the same meaning as ascribed to it in K.S.A.
65-665, and amendments thereto.

~~(x)~~ (w) ``On-farm retail sales of milk or milk products'' means the sale
of milk or milk products on the farm by the producer from the production
of the dairy herd to the final consumer, so long as the person making
such sales does not promote the sale of milk or milk products to the public
in any manner other than by the erection of a sign upon the premises of
the dairy farm. The advertisement upon any such sign shall state that such
milk or milk products are raw and shall be in letters of a uniform size.
Each container in which any unpasteurized milk is sold or offered for sale
shall be clearly labeled as ungraded raw milk.

~~(y)~~ (x) ``Pasteurized'' has the same meaning as ascribed to it in 21
C.F.R. 131.3 and 135.3.

~~(z)~~ (y) ``Person'' means any individual, plant operator, partnership,
corporation, company, firm, trustee, association or institution.

~~(aa)~~ (z) ``Plant fabricating single service articles'' means any place
which manufactures single service articles which are expected to come in
contact with grade A milk or grade A milk products.

~~(bb)~~ (aa) ``Secretary'' means the secretary of the state department of
agriculture, or the secretary's designee.

~~(cc)~~ (bb) ``Single service article or container'' means any container
having a milk or milk product-contact surface and used in the packaging,
handling, storage or servicing of grade A milk and is intended for one
usage only.

Sec. 16. K.S.A. 2001 Supp. 65-775 is hereby amended to read as
follows: 65-775. (a) The secretary may adopt rules and regulations:

(1) Establishing criteria for the sanitary production, processing, han-
dling, sampling, examination, testing, grading and labeling of all milk, milk
products and dairy products sold or produced in the state of Kansas;

(2) providing criteria for the inspection of dairy farms, dairy manu-
facturing plants, plants fabricating single service articles, milk or cream
transfer stations, milk or cream receiving stations, milk haulers, and milk
distributors~~, and counter freezers~~;

(3) establishing sanitation standards and equipment and utensil stan-
dards for dairy farms, dairy manufacturing plants, plants fabricating single
service articles, transfer stations, receiving stations, milk haulers and milk
distributors;

(4) establishing standards of identity for milk, milk products and dairy
products. Such standards shall take into consideration corresponding fed-
eral standards of identity where such standards exist;

(5) prescribing for any person regulated under this act any book-
keeping or reporting requirements deemed necessary by the secretary,
including the maintenance of records and making such records available
to the secretary;

(6) regarding bacterial and coliform standards or other quality stan-
dards for milk, milk products, or dairy products; and

(7) establishing specifications for apparatus and chemicals and pro-
cedures for sampling, testing and weighing milk, cream, butter and any
other milk products or dairy products. These specifications, directions
and other technical requirements shall conform, insofar as practical, to
the official methods of analysis of the association of official analytical
chemists or any other such similar organization.

(b) Any rules and regulations promulgated under this act shall con-
form, insofar as practicable, to the pasteurized milk ordinance, and the
policies adopted by the interstate milk shippers conference.

Sec. 17. K.S.A. 2001 Supp. 65-778 is hereby amended to read as
follows: 65-778. (a) Any person who engages in business as a dairy man-
ufacturing plant shall first apply for and obtain a dairy manufacturing
plant license from the secretary and shall pay a license fee of $120, or
commencing July 1, 2002, and ending June 30, 2005, a license fee of ~~$120~~
$155.

(b) Any person who engages in business as a distributor of milk, milk
products or dairy products shall first apply for and obtain a milk distrib-
utor license from the secretary and shall pay a license fee of $120, or
commencing July 1, 2002, and ending June 30, 2005, a license fee of ~~$120~~
$155. No milk distributor license shall be required for a licensed dairy
manufacturing plant which distributes only those products which it man-
ufactures.

(c) Any person who engages in business as a milk hauler shall first
apply for and obtain a milk hauler license from the secretary and shall
pay a license fee of $25 or commencing July 1, 2002, and ending June 30,
2005, a license fee of ~~$25~~ $35. As part of the application, the secretary
may require the applicant to be tested regarding proper procedures for
sampling, testing and weighing milk or cream and state laws and rules
and regulations.

(d) ~~Any person who engages in the business of freezing a frozen dairy~~
~~dessert mix for sale at retail shall first apply for and obtain a counter~~
~~freezer license from the secretary and shall pay a license fee of $50.~~

~~(e) Any food service establishment which is required to be licensed~~
~~pursuant to K.S.A. 36-501~~ ~~et seq., and amendments thereto, and who~~
~~manufactures homemade ice cream for sale on its premises shall first~~
~~apply for and obtain a homemade ice cream manufacturing license from~~
~~the secretary and shall pay a license fee of $50. Homemade ice cream~~
~~made pursuant to this section shall be manufactured at the licensed food~~
~~service establishment and shall be sold only on the premises for imme-~~
~~diate consumption by the customers of the licensed food service estab-~~
~~lishment.~~

~~(f)~~ Any person who operates a milk or cream transfer station or milk
or cream receiving station shall first apply for and obtain a milk or cream
station license from the secretary and shall pay a license fee of $50, or
commencing July 1, 2002, and ending June 30, 2005, a license fee of ~~$50~~
$65.

~~(g)~~ (e) Any person who engages in business as a manufacturer of
single service dairy containers or manufacturer of single service dairy
container closures shall first apply for and obtain a single service manu-
facturing license from the secretary and shall pay a license fee of $50, or
commencing July 1, 2002, and ending June 30, 2005, a license fee of ~~$50~~
$65.

~~(h)~~ (f) The dairy manufacturing plant license, milk distributor license,
~~counter freezer license, homemade ice cream manufacturing license,~~ milk
or cream station license and single service manufacturing license shall
expire on December 31 of the year for which it was issued unless sus-
pended or revoked by the secretary pursuant to this act. The milk hauler
license shall expire on June 30 following the date of issuance unless sus-
pended or revoked by the secretary pursuant to this act.

~~(i)~~ (g) No license issued under this section shall be transferable. No
license shall be renewed if any assessments or fees required under this
act are delinquent.

~~(j)~~ (h) Each applicant for a license shall submit an application on a
form supplied by the secretary accompanied by the license fee. All li-
censes shall be conspicuously displayed in the applicant's place of busi-
ness.

Sec. 18. K.S.A. 2001 Supp. 65-781 is hereby amended to read as
follows: 65-781. The following fees for the statewide system of milk in-
spection and regulatory services are hereby established:

(a) A fee of $.01, or commencing July 1, 2002, and ending June 30,
2005, a fee of ~~$.01~~ $.015 for each 100 pounds of milk produced by milk
producers under Kansas grade A inspection shall be paid. Each producer
is hereby charged with such fee which shall be paid to the milk producers'
cooperative, milk processor or milk distributor to whom the milk is sold
or delivered. Each cooperative, processor or distributor is hereby charged
with the duty of collecting such fees which shall be remitted to the sec-
retary.

(b) A fee of $.01, or commencing July 1, 2002, and ending June 30,
2005, a fee of ~~$.01~~ $.015 for each 100 pounds of packaged grade A pas-
teurized milk or milk products sold in Kansas at retail to the final con-
sumer shall be paid. Each distributor is hereby charged with such fee
which shall be remitted to the secretary.

(c) A fee of $.01, or commencing July 1, 2002, and ending June 30,
2005, a fee of ~~$.01~~ $.015 per 100 pounds or fraction thereof of grade A
raw milk for pasteurization delivered to a milk processor within the state
of Kansas which is processed into grade A milk or grade A milk products
shall be paid. Each milk processor is hereby charged with such fee which
shall be remitted to the secretary.

(d) A milk fee of $.01, or commencing July 1, 2002, and ending June
30, 2005, a fee of ~~$.01~~ $.015 per 100 pounds of milk or cream for man-
ufacturing purposes produced by milk producers under Kansas manufac-
turing grade milk inspection shall be paid. Each producer is hereby
charged with such fee which shall be paid to the milk producers' coop-
erative, dairy manufacturing plant or any other person to whom the milk
or cream for manufacturing purposes is sold or delivered. Each cooper-
ative, dairy manufacturing plant or other person is hereby charged with
the duty of collecting such fees which shall be remitted to the secretary.

(e) A fee of $.0075, or commencing July 1, 2002, and ending June 30,
2005, a fee of ~~$.0075~~ $.01 per 100 pounds of Kansas produced milk or
cream for manufacturing purposes or other Kansas produced milk deliv-
ered to a dairy manufacturing plant shall be paid on all Kansas milk used
in the manufacturing of dairy products. As used in this subsection, the
term dairy products shall not include any frozen dairy dessert or frozen
dairy dessert mix. Each dairy manufacturing plant shall pay such fee
which shall be remitted to the secretary.

(f) In lieu of the fee prescribed in subsection (e), a fee of $1, or
commencing July 1, 2002, and ending June 30, 2005, a fee of $1 $1.50
per thousand gallons of frozen dairy dessert or frozen dairy dessert mix
shall be paid by the manufacturer thereof. Each manufacturer of frozen
dairy dessert or frozen dairy dessert mix is hereby charged with such fee
which shall be remitted to the secretary. Frozen dairy dessert mix which
is further processed into the corresponding frozen dairy dessert by the
manufacturer of the frozen dairy dessert mix shall not be subject to the
fee required by this subsection.

(g) A fee of $1, or commencing July 1, 2002, and ending June 30,
2005, a fee of $1 $1.50 per thousand gallons of frozen dairy dessert or
frozen dairy dessert mix imported for retail sale in Kansas shall be paid
by the milk distributor who imports these products.

(h) If any fee computed pursuant to subsection (a) through (e) is less
than $2.50, then the sum of $2.50 shall be paid in lieu of the computed
fee. If any fee computed pursuant to subsection (f) or (g) is less than
$7.50, a minimum fee of $7.50 shall be paid in lieu of the computed fee.

(i) All fees established herein shall be paid to the secretary in the
following manner:

(1) The fees established in subsections (a) through (e) shall be re-
mitted on or before the 30th day of each month for the calendar month
immediately preceding and shall be accompanied by a report, in the form
prescribed by the secretary, indicating the quantities upon which the re-
mittance is based.

(2) The fees established in subsections (f) and (g) shall be remitted
on April 30, July 31, October 31 and January 31 for the three calendar
months immediately preceding and shall be accompanied by a report, in
the form prescribed by the secretary, indicating the quantity of frozen
dairy dessert or frozen dairy dessert mix upon which the remittance is
based.

(j) Any person who fails to remit all or any part of the required fee
or to submit the required report by the date due may be assessed an
additional charge equal to 1% of the amount of delinquent fees for each
day after the date due, or $5, whichever amount is greater.

Sec. 19. K.S.A. 2001 Supp. 65-782 is hereby amended to read as
follows: 65-782. (a) The secretary shall remit all moneys received under
this act to the state treasurer at least monthly. Upon receipt of such
remittance, the state treasurer shall deposit the entire amount thereof in
the state treasury and the same shall be credited to the dairy fee fund,
which is hereby created, unless otherwise stated.

(b) All expenditures from the dairy fee fund shall be made in accord-
ance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the secretary.

~~(c) On July 1, 2001, the director of accounts and reports shall transfer~~
~~all moneys in the dairy division fee fund and the grade A milk fee fund~~
~~to the dairy fee fund. On July 1, 2001, all liabilities of the dairy division~~
~~fee fund and the grade A milk fee fund are hereby transferred to and~~
~~imposed on the dairy fee fund and the dairy division fee fund and the~~
~~grade A milk fee fund are hereby abolished.~~

Sec. 20. K.S.A. 2001 Supp. 65-789 is hereby amended to read as
follows: 65-789. It shall be unlawful for any person to:

(a) Engage in any business or activity which requires a license or
permit under this act without having a license or permit;

(b) sell, offer or expose for sale:

(1) Any milk, milk products or dairy products which do not conform
to the definition and standards of identity established under this act; or

(2) any milk, milk products or dairy products which are adulterated
or misbranded~~; or~~

~~(3) any frozen dairy dessert which does not to conform to the bacteria~~
~~and coliform quality standards established by this act or rules and regu-~~
~~lations adopted hereunder~~.

(c) adulterate or misbrand any milk, milk products or dairy products;

(d) sell, offer for sale or have in such person's possession with the
intent to sell at retail to the final consumer any milk or milk product
which has not been inspected and designated grade A pasteurized in
accordance with the provisions of this act and any rules and regulations
adopted thereunder, except that on-farm retail sales of milk or milk prod-
ucts shall be exempt from the provisions of this act unless stated other-
wise; or

(e) violate any provision of this act or any rules or regulations prom-
ulgated thereunder.

Sec. 21. K.S.A. 2001 Supp. 82a-708a is hereby amended to read as
follows: 82a-708a. (a) Any person may apply for a permit to appropriate
water to a beneficial use, notwithstanding that the application pertains to
the use of water by another, or upon or in connection with the lands of
another. Any rights to the beneficial use of water perfected under such
application shall attach to the lands on or in connection with which the
water is used and shall remain subject to the control of the owners of the
lands as in other cases provided by law.

(b) Except as otherwise provided in subsections (d), (e) and (f), each
application for a permit to appropriate water, except applications for per-
mits for domestic use, shall be accompanied by an application fee fixed
by this section for the appropriate category of acre feet in accordance
with the following:

Acre Feet	Fee
0 to 100	$100
101 to 320	$150
More than 320	$150 + $10

for each additional 100

acre feet or any part thereof

Commencing July 1, 2002, and ending June 30, 2005, the application
fee shall be fixed by this section for the appropriate category of acre feet
in accordance with the following:

Acre Feet	Fee
0 to 100	~~$100~~ $200
101 to 320	~~$150~~ $300
More than 320	~~$150 + $10~~ $300 + $20

for each additional 100

acre feet or any part thereof

Storage-Acre Feet	Fee
0 to 250	$100
More than 250	$100 + $10

for each additional 250

storage-acre feet

or any part thereof

Commencing July 1, 2002, and ending June 30, 2005, the application
fee shall be fixed by this section for the appropriate category of storage-
acre feet in accordance with the following:

Storage-Acre Feet	Fee
0 to 250	~~$100~~ $200
More than 250	~~$100 + $10~~ $200 + $20

for each additional 250

storage-acre feet or any part thereof

(1)Application to change a point of diversion 300 feet or less	$50
(2) Application to change a point of diversion more than 300 feet	100
(3) Application to change the place of use	100
(4)Application to change the use made of water	150

Commencing July 1, 2002, and ending June 30, 2005, the application
fee shall be set forth in the schedule below:

(1)Application to change a point of diversion 300 feet or less	~~$50~~ $100
(2)Application to change a point of diversion more than 300 feet	~~100~~ 200
(3)Application to change the place of use	~~100~~ 200
(4)Application to change the use made of the water	~~150~~ 300

The chief engineer shall render a decision on such permit applications
within 150 days of receiving a complete application except when the ap-
plication cannot be processed due to the standards established in K.A.R.
5-3-4c. Upon failure to render a decision within 150 days of receipt of a
complete application, the application fee is subject to refund upon request.
Any application submitted which requests two of the types of changes set
forth above shall be accompanied by a fee of $150, or commencing July
1, 2002, and ending June 30, 2005, a fee of ~~$150~~ not to exceed $300. Any
application which requests three types of changes shall be accompanied
by a fee of $250, or commencing July 1, 2002, and ending June 30, 2005,
a fee of ~~$250~~ not to exceed $500.

(c) All fees collected by the chief engineer pursuant to this section
shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and
amendments thereto.

Sec. 23. K.S.A. 2001 Supp. 82a-714 is hereby amended to read as
follows: 82a-714. (a) Upon the completion of the construction of the
works and the actual application of water to the proposed beneficial use
within the time allowed, the applicant shall notify the chief engineer to
that effect. The chief engineer or the chief engineer's duly authorized
representative shall then examine and inspect the appropriation diversion
works and, if it is determined that the appropriation diversion works have
been completed and the appropriation right perfected in conformity with
the approved application and plans, the chief engineer shall issue a cer-
tificate of appropriation in duplicate. The original of such certificate shall
be sent to the owner and shall be recorded with the register of deeds in
the county or counties wherein the point of diversion is located, as are
other instruments affecting real estate, and the duplicate shall be made
a matter of record in the office of the chief engineer.

(b) Not later than 60 days before the expiration of the time allowed
in the permit to complete the construction of the appropriation diversion
works or the time allowed in the permit to actually apply water to the
proposed beneficial use, the chief engineer shall notify the permit holder
by certified mail that any request for extension of such time must be filed
with the chief engineer before the expiration of the time allowed in the
permit.

(c) Unless the applicant requests an extension or the certificate has
not been issued due to the applicant's failure to comply with reasonable
requests for information or to allow the opportunity to examine and in-
spect the appropriation diversion works, as necessary for certification, the
chief engineer shall certify an appropriation:

(1) Before July 1, 2004, if the time allowed in the permit to perfect
the water right expired before July 1, 1999; or

(2) not later than five years after the date the applicant notifies the
chief engineer of the completion of construction of the works and the
actual application of water to the proposed beneficial use within the time
allowed, in all other cases.

If the chief engineer fails to issue a certificate within the time provided
by this subsection, the applicant may request review, pursuant to K.S.A.
2001 Supp. 82a-1901 and amendments thereto, of the chief engineer's
failure to act.

(d) Except for works constructed to appropriate water for domestic
use, each notification to the chief engineer under subsection (a) shall be
accompanied by a field inspection fee of $200, or commencing July 1,
2002, and ending June 30, 2005, a fee of ~~$200~~ $400. Failure to pay the
field inspection fee, after reasonable notice by the chief engineer of such
failure, shall result in the permit to appropriate water being revoked,
forfeiture of the priority date and revocation of any appropriation right
that may exist. ~~All fees collected by the chief engineer pursuant to this~~
~~section shall be remitted to the state treasurer as provided in K.S.A. 82a-~~
~~731 and amendments thereto.~~

(e) A request for an extension of time to: (1) Complete the diversion
works; or (2) perfect the water right, shall be accompanied by a fee of
$50, or commencing July 1, 2002, and ending June 30, 2005, a fee of ~~$50~~
$100.

(f) A request to reinstate a water right or a permit to appropriate
water which has been dismissed shall be filed with the chief engineer
within 60 days of the date dismissed and shall be accompanied by a fee
of $100, or commencing July 1, 2002, and ending June 30, 2005, a fee of
~~$100~~ $200.

(g) All fees collected by the chief engineer pursuant to this section
shall be remitted to the state treasurer as provided in K.S.A. 82a-731, and
amendments thereto.

Sec. 24. K.S.A. 82a-727 is hereby amended to read as follows: 82a-
727. (a) Subject to existing water rights and the principle of beneficial
use, the chief engineer may grant upon application made therefor tem-
porary permits and extensions thereof to appropriate water in any case
where the public interest in such water will not be unreasonably or pre-
judically affected, except that the chief engineer shall not grant any such
permit to appropriate fresh water in any case where other waters are
available for the proposed use and the use thereof is technologically and
economically feasible. No such temporary permit or any extension thereof
shall be granted for a period of time in excess of six months. Each appli-
cation submitted for a temporary permit or extension thereof shall be
accompanied by an application fee of $100, or commencing July 1, 2002,
and ending June 30, 2005, a fee of ~~$100~~ $200.

(b) The chief engineer shall adopt rules and regulations to effectuate
and administer the provisions of this section.

(c) Nothing in this section shall be deemed to vest in the holder of
any permit granted pursuant to provisions of this section any permanent
right to appropriate water except as is provided by such permit.

(d) All fees collected by the chief engineer pursuant to this section
shall be remitted to the state treasurer as provided in K.S.A. 82a-731 and
amendments thereto.

Sec. 25. K.S.A. 2001 Supp. 83-302 is hereby amended to read as
follows: 83-302. (a) Each person, other than an authorized representative
of the secretary or an authorized representative of a city or county de-
partment of public inspection of weights and measures established pur-
suant to K.S.A. 83-210, and amendments thereto, desiring to operate and
perform testing and other services as a company in Kansas shall apply to
the secretary for a service company license, on a form to be supplied by
the secretary, and shall obtain such license from the secretary before
operating and performing testing or other services as a service company.
Each service company shall obtain a license for each place of business
maintained in Kansas and shall pay a license application fee of $50, or
commencing July 1, 2002, and ending June 30, 2005, a fee of ~~$50~~ $100
and thereafter an annual license renewal application fee of $50, or com-
mencing July 1, 2002, and ending June 30, 2005, a fee of ~~$50~~ $100 for
each place of business. Each service company license shall expire on June
30 following issuance, shall be void unless renewed prior to the expiration
and shall not be transferable.

(b) If any service company maintains any out-of-state places of busi-
ness which the company operates in serving Kansas patrons, the service
company seeking to obtain or renew a license under this section shall list
in the application such places of business and the firm names under which
the company operates at each such place of business. If any out-of-state
place of business is established by a service company after being licensed
under this section, the licensee shall supply such information to the sec-
retary before any work is performed in Kansas from such out-of-state
location. Each nonresident service company shall designate a resident
agent upon whom service of notice or process may be made to enforce
the provisions of chapter 83 of the Kansas Statutes Annotated, and
amendments thereto, or any liabilities arising from operations thereun-
der. Each nonresident service company which maintains no established
place of business in Kansas shall obtain a license under this section for
each out-of-state place of business and shall list on the application the
firm name or names for each place of business from which the service
company intends to operate.

(c) Each technical representative shall be licensed annually by the
secretary. Each technical representative shall be required to attend con-
tinuing education seminars on an annual basis as required by rules and
regulations adopted by the secretary and to pass a reasonable examination
prescribed by the secretary each year prior to being licensed. The de-
partment of agriculture shall be authorized to charge a fee to the atten-
dees of the continuing education seminars sponsored by the agency. The
amount charged shall be no more than is necessary to cover the expenses
incurred in providing the seminar. Each technical representative's license
shall expire on June 30 following the issuance of the license and shall be
void unless renewed prior to the expiration.

(d) No service company license may be issued or renewed under this
section until the applicant's weights or measures, or both have been tested
for accuracy and sealed by the secretary. The secretary is authorized to
accept a certification of the accuracy of the applicant's weights or meas-
ures issued by the national institute of standards and technology or by a
weights and measures laboratory certified by the national institute of stan-
dards and technology in lieu of a test by the secretary, if such certificate
shows that the weights or measures have been tested within the last 365
days preceding the license application.

(e) The secretary shall remit all moneys received under this section
to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the weights and measures fee fund.

Sec. 26. K.S.A. 2001 Supp. 83-402 is hereby amended to read as
follows: 83-402. (a) Each person, other than an authorized representative
of the secretary or an authorized representative of a city or county de-
partment of public inspection of weights and measures established pur-
suant to K.S.A. 83-210, and amendments thereto, desiring to operate and
perform testing and other services as a service company in Kansas shall
apply to the secretary for a service company license, on a form to be
supplied by the secretary, and shall obtain such license from the secretary
before operating and performing testing or other services as a service
company. Each service company shall obtain a license for each place of
business maintained in Kansas and shall pay a license application fee of
$50, or commencing July 1, 2002, and ending June 30, 2005, a fee of ~~$50~~
$100 and thereafter an annual license renewal application fee of $50, or
commencing July 1, 2002, and ending June 30, 2005, a fee of ~~$50~~ $100
for each place of business. Each service company license shall expire on
June 30 following issuance, shall be void unless renewed prior to the
expiration and shall not be transferable.

(b) If any service company maintains any out-of-state places of busi-
ness which the service company operates in serving Kansas patrons, the
applicant seeking to obtain or renew a license under this section shall list
in the application such places of business and the firm names under which
the service company operates at each such place of business. If any out-
of-state place of business is established by a service company after being
licensed under this section, the licensee shall supply such information to
the secretary before any work is performed in Kansas from such out-of-
state location. Each nonresident service company shall designate a resi-
dent agent upon whom service of notice or process may be made to
enforce the provisions of chapter 83 of the Kansas Statutes Annotated,
and amendments thereto, or any liabilities arising from operations there-
under. Each nonresident service company which maintains no established
place of business in Kansas shall obtain a license under this section for
each out-of-state place of business and shall list on the application the
firm name or names for each place of business from which the service
company intends to operate.

(c) Each technical representative shall be licensed annually by the
secretary. Each technical representative shall be required to attend con-
tinuing education seminars on an annual basis as required by rules and
regulations adopted by the secretary and to pass a reasonable examination
prescribed by the secretary each year prior to being licensed. The state
department of agriculture shall be authorized to charge a fee to the at-
tendees of the seminar sponsored by the department. The amount
charged shall be no more than is necessary to cover the expenses incurred
in providing the seminar. All technical representatives who install, repair,
adjust or calibrate a device and certify such devices shall be required to
pass the state examination annually. Each technical representative license
shall expire on June 30 following issuance of the license and shall be void
unless renewed prior to the expiration.

(d) No service company license may be issued or renewed under this
section until the applicant's weights and measures have been tested for
accuracy and sealed by the secretary. The secretary is authorized to accept
a certification of the accuracy of the applicant's weights or measures is-
sued by the national institute of standards and technology, by a weights
and measures laboratory certified by the national institute of standards
and technology, or by the appropriate certifying agency of another state
in lieu of a test by the secretary, if such certificate shows that the weights
or measures have been tested within the 12 calendar months next pre-
ceding the license application.

(e) The secretary shall remit all moneys received under this section
to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the weights and measures fee fund.

New Sec. 27. There is hereby created a fertilizer and pesticide com-
pliance and administration fund. All moneys credited to the fund shall be
expended to the fertilizer and pesticide program under the supervision
of the secretary of agriculture for the purpose of administration and as-
suring compliance with the applicable provisions of Kansas law. All ex-
penditures shall be made in accordance with the appropriations acts upon
warrants of the director of accounts and reports issued pursuant to vouch-
ers approved by the secretary of agriculture or by a person designated by
the secretary.

Sec. 28. K.S.A. 2-1205, 2-2204, 2-2440, 2-2440b, 2-2441a, 2-2443a,
2-2445a, 2-2805, 2-2806, 2-2905, 2-2906, 2-3304, 2-3306, 2-3318 and 82a-
727 and K.S.A. 2001 Supp. 65-771, 65-775, 65-778, 65-781, 65-782, 65-
789, 82a-708a, 82a-708b, 82a-714, 83-302 and 83-402 are hereby re-
pealed.

Sec. 29. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 29, 2002.
__________