CHAPTER 118 SENATE BILL No. 131 An Act concerning livestock; relating to water and soil pollution control and prevention;
concerning livestock markets; annual permit fees for truck washing facilities; inspection;
amending K.S.A. 65-166a, 65-171d and 65-6a18 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-166a is hereby amended to read as follows: 65-
166a. (a) The secretary of health and environment is authorized and di-
rected to establish by duly adopted rules or regulations a schedule of fees
to defray all or any part of the costs of administering the water pollution
control permit system established by K.S.A. 65-165 and 65-166, and
amendments thereto. The amount of the fees so established shall be
based upon the quantity of raw wastes or treated wastes to be discharged,
units of design capacity of treatment facilities or structures, numbers of
potential pollution units, physical or chemical characteristics of discharges
and staff time necessary for review and evaluation of proposed projects.
In establishing the fee schedule, the secretary of health and environment
shall not assess fees for permits required in the extension of a sewage
collection system, but such fees shall be assessed for all treatment devices,
facilities or discharges where a permit is required by law and is issued by
the secretary of health and environment or the secretary's designated
representative. Such fees shall be nonrefundable.

      (b) Any such permit for which a fee is assessed shall expire five years
from the date of its issuance. The secretary of health and environment
may issue permits pursuant to K.S.A. 65-165, and amendments thereto,
for terms of less than five years, if the secretary determines valid cause
exists for issuance of the permit with a term of less than five years. The
minimum fee assessed for any permit issued pursuant to K.S.A. 65-165,
and amendments thereto, shall be for not less than one year. Permit fees
may be assessed and collected on an annual basis and failure to pay the
assessed fee shall be cause for revocation of the permit. Any permit which
has expired or has been revoked may be reissued upon payment of the
appropriate fee and submission of a new application for a permit as pro-
vided in K.S.A. 65-165 and 65-166, and amendments thereto.

      (c) A permit shall be required for:

      (1) Any confined feeding facility with an animal unit capacity of 300
to 999 if the secretary determines that the facility has significant water
pollution potential; and

      (2) any confined feeding facility with an animal unit capacity of 1,000
or more.

      (d) At no time shall the annual permit fee for a confined feeding
facility exceed:

      (1) $25 for facilities with an animal unit capacity of not more than
999;

      (2) $100 for facilities with an animal unit capacity of 1,000 to 4,999;

      (3) $200 for facilities with an animal unit capacity of 5,000 to 9,999;
or

      (4) $400 for facilities with an animal unit capacity of 10,000 or more.

      (e) Annual permit fees for any truck washing facility for animal
wastes shall be as follows:

      (1) For a private truck washing facility for animal wastes with two
or fewer trucks, not more than $25;

      (2) for a private truck washing facility for animal wastes with three
or more trucks, not more than $200; and

      (3) for a commercial truck washing facility for animal wastes, not
more than $320.

      (e) (f) The secretary of health and environment shall remit all moneys
received from the fees established pursuant to this act to the state trea-
surer in accordance with the provisions of K.S.A. 75-4215, and amend-
ments thereto. Upon receipt of each such remittance, the state treasurer
shall deposit the entire amount in the state treasury to the credit of the
state general fund.

      (f) (g) Any confined feeding facility with an animal unit capacity of
less than 300 may be required to obtain a permit from the secretary if
the secretary determines that such facility has significant water pollution
potential.

      (g) (h) Any confined feeding facility not otherwise required to obtain
a permit or certification may obtain a permit or certification from the
secretary. Any such facility obtaining a permit shall pay an annual permit
fee of not more than $25.

      Sec.  2. K.S.A. 65-171d is hereby amended to read as follows: 65-
171d. (a) For the purpose of preventing surface and subsurface water
pollution and soil pollution detrimental to public health or to the plant,
animal and aquatic life of the state, and to protect designated uses of the
waters of the state and to require the treatment of sewage predicated
upon technologically based effluent limitations, the secretary of health
and environment shall make such rules and regulations, including regis-
tration of potential sources of pollution, as may in the secretary's judg-
ment be necessary to: (1) Protect the soil and waters of the state from
pollution resulting from underground storage of liquid petroleum gas and
hydrocarbons, other than underground porosity storage of natural gas; (2)
control the disposal, discharge or escape of sewage as defined in K.S.A.
65-164 and amendments thereto, by or from municipalities, corporations,
companies, institutions, state agencies, federal agencies or individuals and
any plants, works or facilities owned or operated, or both, by them; and
(3) establish water quality standards for the waters of the state to protect
their designated uses. In no event shall the secretary's authority be in-
terpreted to include authority over the beneficial use of water, water
quantity allocations, protection against water use impairment of a bene-
ficial use, or any other function or authority under the jurisdiction of the
Kansas water appropriation act, K.S.A. 82a-701, and amendments thereto.

      (b) The secretary of health and environment may adopt by reference
any regulation relating to water quality and effluent standards promul-
gated by the federal government pursuant to the provisions of the federal
clean water act and amendments thereto, as in effect on January 1, 1989,
which the secretary is otherwise authorized by law to adopt.

      (c) For the purposes of this act, including K.S.A. 65-161 through 65-
171h and K.S.A. 65-1,178 through 65-1,198, and amendments thereto,
and rules and regulations adopted pursuant thereto:

      (1) ``Pollution'' means: (A) Such contamination or other alteration of
the physical, chemical or biological properties of any waters of the state
as will or is likely to create a nuisance or render such waters harmful,
detrimental or injurious to public health, safety or welfare, or to the plant,
animal or aquatic life of the state or to other designated uses; or (B) such
discharge as will or is likely to exceed state effluent standards predicated
upon technologically based effluent limitations.

      (2) ``Confined feeding facility'' means any lot, pen, pool or pond: (A)
Which is used for the confined feeding of animals or fowl for food, fur
or pleasure purposes; (B) which is not normally used for raising crops;
and (C) in which no vegetation intended for animal food is growing.

      (3) ``Animal unit'' means a unit of measurement calculated by adding
the following numbers: The number of beef cattle weighing more than
700 pounds multiplied by 1.0; plus the number of cattle weighing less
than 700 pounds multiplied by 0.5; plus the number of mature dairy cattle
multiplied by 1.4; plus the number of swine weighing more than 55
pounds multiplied by 0.4; plus the number of swine weighing 55 pounds
or less multiplied by 0.1; plus the number of sheep or lambs multiplied
by 0.1; plus the number of horses multiplied by 2.0; plus the number of
turkeys multiplied by 0.018; plus the number of laying hens or broilers,
if the facility has continuous overflow watering, multiplied by 0.01; plus
the number of laying hens or broilers, if the facility has a liquid manure
system, multiplied by 0.033; plus the number of ducks multiplied by 0.2.
However, each head of cattle will be counted as one full animal unit for
the purpose of determining the need for a federal permit. ``Animal unit''
also includes the number of swine weighing 55 pounds or less multiplied
by 0.1 for the purpose of determining applicable requirements for new
construction of a confined feeding facility for which a permit or registra-
tion has not been issued before January 1, 1998, and for which an appli-
cation for a permit or registration and plans have not been filed with the
secretary of health and environment before January 1, 1998, or for the
purpose of determining applicable requirements for expansion of such
facility. However, each head of swine weighing 55 pounds or less shall be
counted as 0.0 animal unit for the purpose of determining the need for
a federal permit. Except as otherwise provided, animal units for public
livestock markets shall be determined by using the average annual animal
units sold by the market during the past five calendar years divided by
365. Such animal unit determination may be adjusted by the department
if the public livestock market submits documentation that demonstrates
that such adjustment is appropriate based on the amount of time in 24-
hour increments or partials thereof that animals are at the market.

      (4) ``Animal unit capacity'' means the maximum number of animal
units which a confined feeding facility is designed to accommodate at any
one time.

      (5) ``Habitable structure'' means any of the following structures which
is occupied or maintained in a condition which may be occupied and
which, in the case of a confined feeding facility for swine, is owned by a
person other than the operator of such facility: A dwelling, church, school,
adult care home, medical care facility, child care facility, library, com-
munity center, public building, office building or licensed food service or
lodging establishment.

      (6) ``Wildlife refuge'' means Cheyenne Bottoms wildlife management
area, Cheyenne Bottoms preserve and Flint Hills, Quivera, Marais des
Cygnes and Kirwin national wildlife refuges.

      (d) In adopting rules and regulations, the secretary of health and en-
vironment, taking into account the varying conditions that are probable
for each source of sewage and its possible place of disposal, discharge or
escape, may provide for varying the control measures required in each
case to those the secretary finds to be necessary to prevent pollution. If
a freshwater reservoir or farm pond is privately owned and where com-
plete ownership of land bordering the reservoir or pond is under common
private ownership, such freshwater reservoir or farm pond shall be ex-
empt from water quality standards except as it relates to water discharge
or seepage from the reservoir or pond to waters of the state, either surface
or groundwater, or as it relates to the public health of persons using the
reservoir or pond or waters therefrom.

      (e)  (1) Whenever the secretary of health and environment or the
secretary's duly authorized agents find that storage or disposal of salt
water not regulated by the state corporation commission or refuse in any
surface pond not regulated by the state corporation commission is causing
or is likely to cause pollution of soil or waters of the state, the secretary
or the secretary's duly authorized agents shall issue an order prohibiting
such storage or disposal of salt water or refuse. Any person aggrieved by
such order may within 15 days of service of the order request in writing
a hearing on the order.

      (2) Upon receipt of a timely request, a hearing shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act.

      (3) Any action of the secretary pursuant to this subsection is subject
to review in accordance with the act for judicial review and civil enforce-
ment of agency actions.

      (f) The secretary may adopt rules and regulations establishing fees
for plan approval, monitoring and inspecting underground or buried pe-
troleum products storage tanks, for which the annual fee shall not exceed
$5 for each tank in place.

      (g) Prior to any new construction of a confined feeding facility with
an animal unit capacity of 300 to 999, such facility shall register with the
secretary of health and environment. Facilities with a capacity of less than
300 animal units may register with the secretary. Any such registration
shall be accompanied by a $25 fee. Within 30 days of receipt of such
registration, the department of health and environment shall identify any
significant water pollution potential or separation distance violations pur-
suant to subsection (h). If there is identified a significant water pollution
potential, such facility shall be required to obtain a permit from the sec-
retary. If there is no water pollution potential posed by a facility with an
animal unit capacity of less than 300, the secretary may certify that no
permit is required. If there is no water pollution potential nor any viola-
tion of separation distances posed by a facility with an animal unit capacity
of 300 to 999, the secretary shall certify that no permit is required and
that there are no certification conditions pertaining to separation dis-
tances. If a separation distance violation is identified, the secretary may
reduce the separation distance in accordance with subsection (i) and shall
certify any such reduction of separation distances.

      (h)  (1) Any new construction or new expansion of a confined feeding
facility, other than a confined feeding facility for swine, shall meet or
exceed the following requirements in separation distances from any hab-
itable structure in existence when the application for a permit is submit-
ted:

      (A) 1,320 feet for facilities with an animal unit capacity of 300 to 999;
and

      (B) 4,000 feet for facilities with an animal unit capacity of 1,000 or
more.

      (2) A confined feeding facility for swine shall meet or exceed the
following requirements in separation distances from any habitable struc-
ture or city, county, state or federal park in existence when the application
for a permit is submitted:

      (A) 1,320 feet for facilities with an animal unit capacity of 300 to 999;

      (B) 4,000 feet for facilities with an animal unit capacity of 1,000 to
3,724;

      (C) 4,000 feet for expansion of existing facilities to an animal unit
capacity of 3,725 or more if such expansion is within the perimeter from
which separation distances are determined pursuant to subsection (k) for
the existing facility; and

      (D) 5,000 feet for: (i) Construction of new facilities with an animal
unit capacity of 3,725 or more; or (ii) expansion of existing facilities to an
animal unit capacity of 3,725 or more if such expansion extends outside
the perimeter from which separation distances are determined pursuant
to subsection (k) for the existing facility.

      (3) Any construction of new confined feeding facilities for swine shall
meet or exceed the following requirements in separation distances from
any wildlife refuge:

      (A) 10,000 feet for facilities with an animal unit capacity of 1,000 to
3,724; and

      (B) 16,000 feet for facilities with an animal unit capacity of 3,725 or
more.

      (i)  (1) The separation distance requirements of subsections (h)(1)
and (2) shall not apply if the applicant for a permit obtains a written
agreement from all owners of habitable structures which are within the
separation distance stating such owners are aware of the construction or
expansion and have no objections to such construction or expansion. The
written agreement shall be filed in the register of deeds office of the
county in which the habitable structure is located.

      (2)  (A) The secretary may reduce the separation distance require-
ments of subsection (h)(1) if: (i) No substantial objection from owners of
habitable structures within the separation distance is received in response
to public notice; or (ii) the board of county commissioners of the county
where the confined feeding facility is located submits a written request
seeking a reduction of separation distances.

      (B) The secretary may reduce the separation distance requirements
of subsection (h)(2)(A) or (B) if: (i) No substantial objection from owners
of habitable structures within the separation distance is received in re-
sponse to notice given in accordance with subsection (l); (ii) the board of
county commissioners of the county where the confined feeding facility
is located submits a written request seeking a reduction of separation
distances; or (iii) the secretary determines that technology exists that
meets or exceeds the effect of the required separation distance and the
facility will be using such technology.

      (C) The secretary may reduce the separation distance requirements
of subsection (h)(2)(C) or (D) if: (i) No substantial objection from owners
of habitable structures within the separation distance is received in re-
sponse to notice given in accordance with subsection (l); or (ii) the sec-
retary determines that technology exists that meets or exceeds the effect
of the required separation distance and the facility will be using such
technology.

      (j)  (1) The separation distances required pursuant to subsection
(h)(1) shall not apply to:

      (A) Confined feeding facilities which were permitted or certified by
the secretary on July 1, 1994;

      (B) confined feeding facilities which existed on July 1, 1994, and reg-
istered with the secretary before July 1, 1996; or

      (C) expansion of a confined feeding facility, including any expansion
for which an application was pending on July 1, 1994, if: (i) In the case
of a facility with an animal unit capacity of 1,000 or more prior to July 1,
1994, the expansion is located at a distance not less than the distance
between the facility and the nearest habitable structure prior to the ex-
pansion; or (ii) in the case of a facility with an animal unit capacity of less
than 1,000 prior to July 1, 1994, the expansion is located at a distance not
less than the distance between the facility and the nearest habitable struc-
ture prior to the expansion and the animal unit capacity of the facility
after expansion does not exceed 2,000.

      (2) The separation distances required pursuant to subsections
(h)(2)(A) and (B) shall not apply to:

      (A) Confined feeding facilities for swine which were permitted or
certified by the secretary on July 1, 1994;

      (B) confined feeding facilities for swine which existed on July 1, 1994,
and registered with the secretary before July 1, 1996; or

      (C) expansion of a confined feeding facility which existed on July 1,
1994, if: (i) In the case of a facility with an animal unit capacity of 1,000
or more prior to July 1, 1994, the expansion is located at a distance not
less than the distance between the facility and the nearest habitable struc-
ture prior to the expansion; or (ii) in the case of a facility with an animal
unit capacity of less than 1,000 prior to July 1, 1994, the expansion is
located at a distance not less than the distance between the facility and
the nearest habitable structure prior to the expansion and the animal unit
capacity of the facility after expansion does not exceed 2,000.

      (3) The separation distances required pursuant to subsections
(h)(2)(C) and (D) and (h)(3) shall not apply to the following, as deter-
mined in accordance with subsections (a), (e) and (f) of K.S.A. 65-1,178
and amendments thereto:

      (A) Expansion of an existing confined feeding facility for swine if an
application for such expansion has been received by the department be-
fore March 1, 1998; and

      (B) construction of a new confined feeding facility for swine if an
application for such facility has been received by the department before
March 1, 1998.

      (k) The separation distances required by this section for confined
feeding facilities for swine shall be determined from the exterior perim-
eter of any buildings utilized for housing swine, any lots containing swine,
any swine waste retention lagoons or ponds or other manure or waste-
water storage structures and any additional areas designated by the ap-
plicant for future expansion. Such separation distances shall not apply to
offices, dwellings and feed production facilities of a confined feeding fa-
cility for swine.

      (l) The applicant shall give the notice required by subsections
(i)(2)(B) and (C) by certified mail, return receipt requested, to all owners
of habitable structures within the separation distance. The applicant shall
submit to the department evidence, satisfactory to the department, that
such notice has been given.

      (m) All plans and specifications submitted to the department for new
construction or new expansion of confined feeding facilities may be, but
are not required to be, prepared by a professional engineer or a consult-
ant, as approved by the department. Before approval by the department,
any consultant preparing such plans and specifications shall submit to the
department evidence, satisfactory to the department, of adequate general
commercial liability insurance coverage.

      Sec.  3. K.S.A. 65-6a18 is hereby amended to read as follows: 65-
6a18. As used in this act:

      (a) ``Secretary'' means the secretary of the state board of agriculture.

      (b) ``Person'' means any individual, partnership, firm, corporation, as-
sociation or other business unit or governmental entity.

      (c) ``Meat broker'' means any person, firm or corporation engaged in
the business of buying or selling carcasses, parts of carcasses, meat or
meat food products of livestock on commission, or otherwise negotiating
purchases or sales of such articles other than for the person's own account
or as an employee of another person.

      (d) ``Poultry products broker'' means any person engaged in the busi-
ness of buying or selling poultry products on commission, or otherwise
negotiating purchases or sales of such articles other than for the person's
own account or as an employee of another person.

      (e) ``Animal food manufacturer'' means any person engaged in the
business of manufacturing or processing animal food derived wholly or
in part from carcasses, or parts or products of the carcasses, of livestock,
domestic rabbits or poultry.

      (f) ``Intrastate commerce'' means commerce within the state of Kan-
sas.

      (g) ``Meat food product'' means any product capable of use as human
food which is made wholly or in part from any meat or other portions of
the carcasses of any livestock or domestic rabbits, excepting products
which contain meat or other portions of such carcasses only in a relatively
small proportion or historically have not been considered by consumers
as products of the meat food industry and which are exempted from
definition as a meat food product by the secretary under such conditions
as the secretary may prescribe to assure that the meat or other portions
of such carcasses contained in such product are not adulterated and that
such products are not represented as meat food products.

      (h) ``Poultry'' means any domesticated bird, whether live or dead.

      (i) ``Poultry product'' means any poultry carcass, or part thereof or
any product which is made wholly or in part from any poultry carcass or
part thereof, excepting products which contain poultry ingredients only
in a relatively small proportion or historically have not been considered
by consumers as products of the poultry food industry and which are
exempted by the secretary from definition as a poultry product under
such conditions as the secretary may prescribe to assure that the poultry
ingredients in such products are not adulterated and that such products
are not represented as poultry products.

      (j) ``Capable of use as human food'' means any carcass, or part or
product of a carcass, of any animal unless it is denatured or otherwise
identified as required by regulations adopted by the state board of agri-
culture to deter its use as human food or it is naturally inedible by hu-
mans.

      (k) ``Prepared'' means slaughtered, canned, salted, rendered, boned,
cut up or otherwise manufactured or processed.

      (l) ``Adulterated'' means any carcass, or part thereof, any meat or
meat food product, or any poultry or poultry product under one or more
of the following circumstances:

      (1) If the product bears or contains any poisonous or deleterious sub-
stance which may render it injurious to health, except that if the substance
is not an added substance, the product shall not be considered adulterated
if the quantity of such substance on or in the product does not render it
injurious to health;

      (2)  (A) if the product bears or contains, by reason of administration
by feeding or by injection of any substance to the live animal or otherwise,
any added poisonous or added deleterious substance, other than one
which is (i) a pesticide chemical in or on a raw agricultural commodity;
(ii) a food additive; or (iii) a color additive, which, in the judgment of the
secretary, may make the product unfit for human food;

      (B) if the product is, in whole or in part, a raw agricultural commodity
and bears or contains a pesticide chemical which is unsafe within the
meaning of rules and regulations adopted by the state board of agricul-
ture;

      (C) if the product bears or contains any food additive which is
deemed unsafe in accordance with rules and regulations adopted by the
state board of agriculture;

      (D) if the product bears or contains any color additive which is
deemed unsafe in accordance with rules and regulations adopted by the
state board of agriculture; or

      (E) any such product which is not adulterated under provisions (B),
(C) or (D) shall nevertheless be deemed adulterated if the use of the
pesticide chemical, the food additive or the color additive on or in such
product is prohibited by rules and regulations of the state board of agri-
culture in establishments at which inspection is maintained under this
act;

      (3) if the product consists, in whole or in part, of any filthy, putrid or
decomposed substance or is for any other reason unsound, unhealthful,
unwholesome or otherwise unfit for human food;

      (4) if the product has been prepared, packed or held under insanitary
conditions whereby it may have become contaminated with filth or
whereby it may have been rendered injurious to health;

      (5) if the product is, in whole or in part, the product of an animal
which has died otherwise than by slaughter;

      (6) if the container for the product is composed, in whole or in part,
of any poisonous or deleterious substance which may render the contents
injurious to health;

      (7) if the product has been intentionally subjected to radiation, unless
the use of the radiation was in conformity with a regulation or exemption
in effect pursuant to rules and regulations adopted by the state board of
agriculture;

      (8)  (A) if any valuable constituent on or in the product has been, in
whole or in part, omitted or abstracted therefrom;

      (B) if any substance has been extracted and substitution made there-
for, in whole or in part, or if any damage to, or inferiority of, the product
has been concealed in any manner; or

      (C) if any substance has been added to such product, or if any sub-
stance has been mixed or packed therewith, so as (i) to increase the bulk
or weight of the product (ii) to reduce the quality or strength of the
product or (iii) to make the product appear better or of greater value than
it is, except that this provision does not apply to any cured or smoked
pork product by reason of its containing added water; or

      (9) if the product is a margarine containing animal fat and if any of
the raw material used therein consisted, in whole or in part, of any filthy,
putrid or decomposed substance.

      (m) ``Misbranded'' means any carcass, part thereof, meat or meat
food product, or poultry or poultry product, under any one or more of
the following circumstances:

      (1) If the labeling on the product or product container is false or
misleading in any particular;

      (2) if the product is offered for sale under the name of another food;

      (3) if the product is an imitation of another food, unless its label bears,
in type of uniform size and prominence, the word ``imitation'' and im-
mediately thereafter, the name of the food imitated;

      (4) if the container on the product is so made, formed or filled as to
be misleading;

      (5) if the product is in a package or other container, unless it bears a
label showing (A) the name and place of business of the manufacturer,
packer or distributor and (B) an accurate statement of the quantity of the
contents in terms of weight, measure or numerical count; under clause
(A) of this provision, reasonable variations may be permitted and exemp-
tions as to small packages may be established by rules and regulations
adopted by the state board of agriculture;

      (6) if any word, statement or other information, which is required by
or under authority of this act to appear on the label or other labeling for
the product, is not prominently placed thereon with such conspicuousness
(as compared with other words, statements, designs or devices in the
labeling) and in such terms as to render it likely to be read and understood
by the ordinary individual under customary conditions of purchase and
use;

      (7) if the product purports to be, or is represented to be, a food for
which a definition and standard of identity or composition has been pre-
scribed by rules and regulations of the state board of agriculture, unless
(A) it conforms to such definition and standard and (B) the label thereon
bears the name of the food specified in the definition and standard, and
insofar as may be required by such rules and regulations, the common
names of optional ingredients (other than spices, flavoring and coloring)
present in such food;

      (8) if the product purports to be, or is represented to be, a food for
which a standard of fill of container has been prescribed by rules and
regulations of the state board of agriculture and if such product falls below
the standard of fill of container applicable thereto, unless its label bears,
in such manner and form as such rules and regulations specify, a state-
ment that it falls below such standard;

      (9) if the product is not subject to provision (7), unless its label bears
(A) the common or usual name of the food, if there is any, and (B) in
case it is fabricated from two or more ingredients, the common or usual
name of each such ingredient, except that spices, flavorings and colorings,
when authorized by the secretary, may be designated as spices, flavorings
and colorings without naming each; to the extent that compliance with
the requirements of clause (B) of this provision is impracticable or results
in deception or unfair competition, exemptions shall be established by
rules and regulations adopted by the state board of agriculture;

      (10) if the product purports to be, or is represented to be, for special
dietary uses, unless its label bears such information concerning its vita-
min, mineral and other dietary properties as the secretary, after consul-
tation with the secretary of agriculture of the United States, determines
to be, and by rules and regulations adopted by the state board of agri-
culture are prescribed to be, necessary in order to fully inform a purchaser
as to its value for such uses;

      (11) if the product bears or contains any artificial flavoring, artificial
coloring or chemical preservative, unless it bears labeling stating that fact;
to the extent that compliance with the requirements of this provision is
impracticable, exemptions shall be established by rules and regulations
adopted by the state board of agriculture; or

      (12) if the product fails to bear directly thereon, or on the product
container, as the state board of agriculture may prescribe by rules and
regulations, the inspection legend unrestricted by any of the foregoing
and such other information as the state board of agriculture may require
in such rules and regulations to assure that the product will not have any
false or misleading labeling and that the public will be informed of the
manner of handling required to maintain the product in a wholesome
condition.

      (n) ``Label'' means a display of written, printed or graphic matter
upon the immediate container (not including package liners) of any ar-
ticle.

      (o) ``Labeling'' means all labels and other written, printed or graphic
matter (1) upon any article or any of its containers or wrappers or (2)
accompanying the article.

      (p) ``Federal meat inspection act'' means the act so entitled, approved
March 4, 1907, (21 U.S.C.A. 601 et seq., 34 Stat. 1260) as amended by
the federal wholesome meat act (8 Stat. 584).

      (q) ``Federal food, drug and cosmetic act'' means the act so entitled,
approved June 25, 1938, (21 U.S.C.A. 301 et seq., 52 Stat. 1040) and acts
amendatory thereof or supplementary thereto.

      (r) ``Federal poultry products inspection act'' means the act so enti-
tled, approved August 28, 1957, (21 U.S.C.A. 451 et seq., 71 Stat. 441) as
amended by the federal wholesome poultry products act (82 Stat. 791).

      (s) ``Pesticide chemical,'' ``food additive,'' ``color additive'' and ``raw
agricultural commodity'' have the meanings for purposes of this act as
ascribed thereto under K.S.A. 65-656 and amendments thereto.

      (t) ``Official mark'' means the official inspection legend or any other
symbol prescribed by rules and regulations of the state board of agricul-
ture to identify the status of any article or animal under this act.

      (u) ``Official inspection legend'' means any symbol prescribed by
rules and regulations of the state board of agriculture showing that an
article was inspected and passed in accordance with this act.

      (v) ``Official certificate'' means any certificate prescribed by rules and
regulations of the state board of agriculture for issuance by an inspector
or other person performing official functions under this act.

      (w) ``Official device'' means any device prescribed or authorized by
the state board of agriculture for use in applying any official mark.

      (x) ``Slaughterhouse'' means any plant which carries on the slaughter
and dressing of animals but which does not engage in the further proc-
essing of meat into meat food products.

      (y) ``Packing plant'' or ``packing house'' means any installation proc-
essing meat into meat food products.

      (z) ``Buffalo'' means the American buffalo or bison (Bos, Bison bison
or Bison americanus).

      (aa) ``Livestock'' means cattle, buffaloes, sheep, swine, goats, domes-
ticated deer, all creatures of the ratite family that are not indigenous to
this state, including but not limited to ostriches, emus and rheas or horses,
mules or other equines. Livestock shall not include buffalo or domesti-
cated deer slaughtered for sport or recreational purpose.

      (bb) ``Slaughter facility'' means a slaughterhouse or poultry dressing
plant.

      (cc) ``Processing facility'' means a packing house, sausage plant or
poultry packing plant.

      (dd) ``Domesticated deer'' means any member of the family cervidae
which was legally obtained and is being sold or raised in a confined area
for breeding stock; for any carcass, skin or part of such animal; for exhi-
bition; or for companionship.

 Sec.  4. K.S.A. 65-166a, 65-171d and 65-6a18 are hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 21, 2003.
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