Kansas Statutes

Chapter 2: Agriculture

Article 23: Labeling Of Agricultural Products

Statutes:

• 2-2301: Definitions.
• 2-2302: Unlawful acts.
• 2-2303: Same; false established standards.
• 2-2304: Nuisances; seizure; injunctions.
• 2-2305: Penalty.
• 2-2306: Administration and enforcement.

• 2-2301: Definitions. The term "person" shall mean and include individuals, corporations, associations, receivers, and trustees. The term "agricultural products" shall mean and include products and foods, in raw or processed form which are obtained in whole or in part from plants or domestic animals. Domestic animals shall be construed to include poultry and bees. The term "established standard" shall mean and include a grade and standard which has been adopted and provided for by the United States congress, the Kansas legislature, or by an authorized federal or state agency.

        History:   L. 1951, ch. 14, § 1; June 30.

• 2-2302: Unlawful acts. It shall be unlawful for any person: (a) To label any agricultural product, or the container thereof, with any grade, standard, designation, words or figures denoting comparative quality which is in any way misleading;

        (b)   to represent any agricultural product as being of any grade, standard or comparative quality, which representation is in any way misleading;

        (c)   to move into the state for sale, have in possession for sale, or sell, any agricultural product, which is labeled or represented in any misleading manner as any grade or standard. Nothing in this section shall prohibit any person from using a brand or descriptive term in the labeling of an agricultural product: Provided, Such labeling is not misleading. If an established standard has not been adopted for an agricultural product nothing in this section shall prohibit any person from selling such a product with a label thereon, or on its container, denoting comparative qualities: Provided, That such product is not made in semblance of or imitation of, a product for which an established standard has been adopted.

        History:   L. 1951, ch. 14, § 2; June 30.

• 2-2303: Same; false established standards. It shall be unlawful for any person to grade any agricultural product, and identify it or its container, with a false established standard. It shall be unlawful for any person to label any agricultural product, or its container, with a false established standard.

        History:   L. 1951, ch. 14, § 3; June 30.

• 2-2304: Nuisances; seizure; injunctions. Agricultural products which are moved, or possessed, or exposed for sale, with an incorrect or unlawful label on such product, or its container, shall constitute a common nuisance and such products shall be subject to seizure in the manner as provided by law. Acts and threatened acts in violation of the provisions of this law, and acts amendatory thereof, and supplemental thereto, may be enjoined in a court of competent jurisdiction without any other civil or criminal action being instituted.

        History:   L. 1951, ch. 14, § 4; June 30.

• 2-2305: Penalty. Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than twenty-five dollars ($25), nor more than five hundred dollars ($500).

        History:   L. 1951, ch. 14, § 5; June 30.

• 2-2306: Administration and enforcement. The secretary of agriculture shall be charged with the administration and enforcement of the provisions of article 23 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.

        History:   L. 1951, ch. 14, § 6; L. 1996, ch. 209, § 12; July 1.