2-1201c. Ammonium nitrate dealers; registration; storage, security; records of sale; right to refuse sale. (a) Ammonium nitrate dealers shall register with the secretary of agriculture. Registration shall be required for each business location selling ammonium nitrate. Each registration shall expire on December 31 following issuance unless the registration is renewed annually. A registration fee not to exceed $25 shall accompany the application for registration for any ammonium nitrate dealer that is not registered as a custom blender, if the fee is fixed by the secretary in rules and regulations.
(b) Ammonium nitrate storage shall be secured to provide reasonable protection against vandalism, theft and unauthorized access.
(c) Ammonium nitrate dealers shall obtain the following regarding any sale of ammonium nitrate:
(1) Date of sale;
(2) quantity purchased;
(3) license number of the purchaser's valid state or federal driver's license or other picture identification card number deemed acceptable by the secretary in rules and regulations;
(4) the purchaser's name, current physical address and telephone number;
(5) if the ammonium nitrate is received to a person other than the purchaser, the name, current physical address, telephone number and license number of that person's valid state or federal driver's license or other picture identification card number deemed acceptable by the secretary in rules and regulations; and
(6) the physical address of the person to whom the ammonium nitrate is delivered if different than the physical address of the purchaser.
(d) Ammonium nitrate dealers shall maintain records of all information required to be obtained pursuant to subsection (c) for a minimum of three years. The records shall be subject to inspection upon request by the secretary of agriculture or the secretary's designee.
(e) Ammonium nitrate dealers may refuse to sell to any person attempting to purchase ammonium nitrate out of season, in unusual quantities or under suspect purchase patterns.
(f) In addition to any other penalties provided by law, each ammonium nitrate dealer registration shall be subject to denial, suspension or revocation, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, for any violation of this act whether committed by the dealer or by the dealer's officers, agents or employees.
(g) The provisions of this section are part of and supplemental to article 12 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2007, ch. 136, § 2; L. 2017, ch. 23, § 2; 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.