(b) For the purposes of K.S.A. 16-1501 through 16-1506 the term producer means any individual, family farm corporation, authorized farm corporation, limited liability, agricultural company, limited agricultural partnership, family trust, authorized trust or testamentary trust, as defined in K.S.A. 17-5903 and amendments thereto, which raises hogs in this state or provides the service of raising hogs in this state and which is able to transfer title in such hogs to another or who provides management, feed, labor, facilities, machinery or other production input for raising hogs in this state.
(c) For the purposes of this section production input includes, but is not limited to, management, labor, facilities, machinery or feed used in the raising of hogs in this state.
(d) If the contractor is the subsidiary of another corporation, partnership, or a member of another association or other business entity, the parent corporation, partnership, association or other business entity is liable to a producer for the amount of any unpaid claim or contract performance claim if the contractor fails to pay or perform according to the terms of the contract.
(e) There is an implied promise of good faith as defined in subsection (19) of K.S.A. 84-1-201, and amendments thereto, by all parties in all contracts between contractors and producers. In an action to recover damages, if the court finds that there has been a violation of this provision, damages, court costs, and attorney fees may be recovered.
(f) Each contractor shall require in its contract that the producer comply with any applicable state and federal environmental laws and shall provide to the producer, upon request, information regarding compliance with such laws.
History: L. 1994, ch. 130, § 8; April 14.
(1) The contractor has given written notice with all the reasons for the termination or cancellation at least 90 days before termination or cancellation or as provided in subsection (b); and
(2) the producer who receives the notice fails to correct the reasons stated for termination or cancellation in the notice within 60 days of receipt of the notice.
(b) The 90-day notice period and 60-day notice period under subsection (a)(1) and (2) are waived and the contract may be terminated or canceled immediately if the alleged grounds for termination or cancellation are:
(1) Voluntary abandonment of the contract relationship by the producer;
(2) conviction of the producer of an offense directly related to the business contracted under the contract;
(3) material breach of the contract by the producer;
(4) a failure to care for the swine in accordance with good animal husbandry practices;
(5) the bankruptcy or insolvency of the producer; or
(6) an acceleration of any indebtedness secured by the property on which the swine are being raised.
History: L. 1994, ch. 130, § 9; April 14.
(b) Swine marketing pools are hereby authorized to do the following on behalf of their members:
(1) Assume debt;
(2) enter and negotiate contracts for the sale and delivery of hogs;
(3) own assets;
(4) sue and be sued;
(5) assist members to upgrade the quality of hogs marketed by the pool;
(6) negotiate in good faith for timely completion and quality assurance of swine marketing contracts; and
(7) perform any other activities to achieve the goals and objectives of the swine marketing pool.
History: L. 1994, ch. 130, § 10; L. 2004, ch. 101, § 65; July 1.
(1) Provide fair and open access to all registered swine marketing pools and actively negotiate in good faith with all registered swine marketing pools who desire to market hogs to that contractor;
(2) provide to all registered swine marketing pools on a regular basis descriptive data concerning carcass efficiency value;
(3) pay a fair price; and
(4) make all payments promptly pursuant to the requirements of applicable federal and state law.
(b) For the purposes of this section, the terms contractor and producer shall have the meaning ascribed to them in K.S.A. 16-1501.
(c) Nothing in this section shall prohibit any contractor from purchasing hogs from any other business entity or from refusing to purchase and/or discounting hogs which do not meet the contractor's quality specifications or delivery terms.
(d) Nothing in this section shall prevent a marketing pool from selling hogs to any other business entity.
History: L. 1994, ch. 130, § 11; April 14.
History: L. 1994, ch. 130, § 12; L. 2004, ch. 101, § 66; July 1.
History: L. 1994, ch. 130, § 13; April 14.