83-209. Enforcement; orders of secretary. (a) If the secretary finds that any package or amount of any commodity is held, offered or exposed for sale in violation of law, the secretary may order them off-sale and may mark or tag them to show they are illegal.
(b) Whenever the secretary finds that any violation of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted under it has occurred, the secretary may issue a stop-use order, stop-sale order, stop-removal order or removal order or any combination of such orders with respect to weights and measures being, or capable of being, commercially used. The secretary may issue stop-sale orders, stop-removal orders or removal orders, or any combination of such orders, with respect to any package or amount of any commodity held, offered or exposed for sale, sold or being delivered if the secretary deems it necessary for the protection of the public.
(c) No person may sell, use, remove, otherwise dispose of, or fail to remove from the premises specified, any weight, measure or package or any amount of any commodity contrary to the terms of any order issued under this section.
(d) This section does not limit the right of the secretary to proceed as authorized by other sections of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.
History: L. 1985, ch. 345, § 9; L. 1996, ch. 146, § 17; Apr. 18.
Structure Kansas Statutes
Chapter 83 - Weights And Measures
Article 2 - Standards And Enforcement
83-202 Recognized system of weights and measures.
83-203 State primary standards of weights and measures; secondary standards.
83-205 Weights and measures inspection program; personnel; functions.
83-206 Same; powers and duties of secretary of agriculture.
83-207 Same; rules and regulations.
83-208 Inspections; prohibited acts; penalty for violation.
83-209 Enforcement; orders of secretary.
83-210 County or city enforcement; powers and duties of officials.
83-212 Bulk sales delivery ticket; contents.
83-213 Labeling of packages; rules and regulations.
83-214 Testing and sealing on request; charge for services; weights and measures fee fund.
83-215 Rejection of weighing or measuring device; repair or destruction of device.
83-216 Same; devices declared to be common nuisance and contraband; action for disposal of device.
83-218 Presumptive proof of regular use of device.
83-220 Penalty for violations.
83-221 Dispensing devices and vehicle tanks; inspections, tests, certifications.
83-222 Continuation of rules and regulations.
83-223 Action for injunction authorized to restrain or prevent violations.
83-225 Scale; authorized removal of rejection tag or other mark.