2-1208a. Notice before prosecution; hearing; cancellation of registration; reports to county attorney. If it shall appear to the secretary or an authorized representative of the secretary from examination or analysis of an official sample of a commercial fertilizer that the commercial fertilizer is falsely labeled or fails to comply with the provisions of this act, the secretary shall have power to cancel the registration of such brand or brands of commercial fertilizer after notice and opportunity for a hearing in accordance with the Kansas administrative procedure act. The secretary may report the facts, the results of any analysis or other examination and the record of any proceedings to the proper prosecuting attorney. Prosecution may be instituted under the provisions of this act in the district court of the county where the offense is alleged to have been committed, upon complaint of the secretary or an authorized representative of the secretary or any citizen of this state, or by any county attorney and shall be prosecuted by the county attorney in the name of the state of Kansas.
History: L. 1927, ch. 14, § 7; L. 1949, ch. 2, § 7; L. 1988, ch. 356, § 28; L. 2004, ch. 145, § 7; L. 2017, ch. 23, § 3; 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.