2-1232. Secretary may issue a stop sale or stop use order; judicial review. (a) The secretary or a duly authorized representative of the secretary, acting as the enforcing officer, may issue and enforce a written or printed stop sale order or stop use order when there is reason to believe, based on inspections or tests, that the facility or equipment for the transporting, handling, distributing, dispensing, selling, storage or disposal of commercial fertilizer or bulk fertilizer has been, is currently or intends to be in violation of any provision of K.S.A. 2-1226 through 2-1231, and amendments thereto, or the rules and regulations adopted thereunder.
(b) The stop sale order or stop use order shall prohibit further sale of commercial fertilizer or bulk fertilizer or prohibit further use of such facility or equipment for the transporting, handling, distributing, dispensing, selling, storage or disposal of commercial fertilizer or bulk fertilizer, except in accordance with the provisions of the order or on approval of the enforcing officer, until the enforcing officer has evidence that the law and rules and regulations have been complied with and issues a release from the stop sale order or stop use order.
(c) The stop sale order or stop use order may be issued to any person who runs, controls, operates or has custody of any facility or equipment or may be posted in a conspicuous place in, on or about the facility or equipment affected by the order.
(d) Any order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(e) The provisions of this subsection shall not be construed as limiting the right of the enforcing officer to proceed as authorized by other provisions of the statutes contained in article 12 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1994, ch. 115, § 1; L. 2010, ch. 17, § 8; 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.