16-1504. Contractor requirements for establishing a swine production facility. (a) Any contractor who establishes a swine production facility in this state or who contracts for the production or raising of hogs in this state shall:
(1) Provide fair and open access to all registered swine marketing pools and actively negotiate in good faith with all registered swine marketing pools who desire to market hogs to that contractor;
(2) provide to all registered swine marketing pools on a regular basis descriptive data concerning carcass efficiency value;
(3) pay a fair price; and
(4) make all payments promptly pursuant to the requirements of applicable federal and state law.
(b) For the purposes of this section, the terms contractor and producer shall have the meaning ascribed to them in K.S.A. 16-1501.
(c) Nothing in this section shall prohibit any contractor from purchasing hogs from any other business entity or from refusing to purchase and/or discounting hogs which do not meet the contractor's quality specifications or delivery terms.
(d) Nothing in this section shall prevent a marketing pool from selling hogs to any other business entity.
History: L. 1994, ch. 130, ยง 11; April 14.
Structure Kansas Statutes
Chapter 16 - Contracts And Promises
Article 15 - Swine Contracts And Marketing Pools
16-1501 Definitions; implied promise of good faith.
16-1502 Contract termination or cancellation; notification, time periods.
16-1503 Swine marketing pools; creation, authorized acts.
16-1504 Contractor requirements for establishing a swine production facility.
16-1505 Contract language required concerning mediation or arbitration.
16-1506 Secretary of agriculture promulgates rules and regulations.