2-1201b. Custom blenders; unlawful acts; civil penalty. (a) It shall be deemed a violation of K.S.A. 2-1201 and 2-1201a, and amendments thereto, for any person to: (1) Sell or distribute in this state any custom blended fertilizer when such person does not hold a valid license as required by this act; or (2) fail to comply with the requirements of K.S.A. 2-1201a, and amendments thereto, and, except as otherwise provided, the provisions of K.S.A. 2-1208, and amendments thereto. Failure to comply with the provisions of K.S.A. 2-1208(1)(a), and amendments thereto, shall not be deemed a violation of this section. The penalties as provided in K.S.A. 2-1208, and amendments thereto, shall apply to persons as described in this section who fail to comply with the provisions of K.S.A. 2-1208, and amendments thereto.
(b) On and after July 1, 2003, any person or custom blender who violates any provision of article 12 of chapter 2 of [the] Kansas Statutes Annotated, and amendments thereto, or the rules and regulations adopted pursuant thereto, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may incur a civil penalty in an amount not more than $5,000 per violation. In the case of a continuing violation, every day such violation continues may be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law. Any order issued by the secretary assessing a civil penalty pursuant to this subsection is subject to review in accordance with the Kansas judicial review act. The secretary shall remit any civil penalty collected pursuant to this act 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 state general fund.
History: L. 1963, ch. 5, § 3; L. 2002, ch. 144, § 2; L. 2010, ch. 17, § 5; L. 2017, ch. 23, § 1; July 1.
Structure Kansas Statutes
2-1201a Custom blender; license; fee; label or delivery slips; contents.
2-1201b Custom blenders; unlawful acts; civil penalty.
2-1202 Registration; application; annual fee; revocations; tonnage reports.
2-1206 Inspections; evidence; stop sale orders; judicial review.
2-1207 Samples for inspection; refusal to permit.
2-1208 Violations; misdemeanor; seizure; injunction.
2-1209 Publication of reports.
2-1209a Invalidity of 2-1201 to 2-1209.
2-1210 Trademarks; change of analysis; rules and regulations.
2-1212 Anhydrous ammonia; regulations.
2-1215 Same; power of municipalities to regulate.
2-1216 Same; duties of secretary; employees.
2-1217 Same; inspection of facilities and equipment; duties of employees, owners and operators.
2-1219 Same; penalty for violations; injunctions; jurisdiction; hearings.
2-1221 Fertilizer research fund; creation; use of moneys; expenditures.
2-1222 Issuance of stop sale or stop use orders.
2-1228 Approval of construction or alteration by the secretary; transferable.
2-1229 Secretary's right to enter property; notice; compliance.
2-1232 Secretary may issue a stop sale or stop use order; judicial review.
2-1234 Storage of liquid fertilizers; mobile containers; requirements.
2-1235 Uniformity of fertilizer law; exclusive jurisdiction of state.