History: L. 1976, ch. 2, § 1; L. 1985, ch. 14, § 1; July 1.
History: L. 1976, ch. 2, § 2; L. 2004, ch. 101, § 52; July 1.
(a) "Soil amendment" means and includes any substance which is intended to improve the physical, chemical or other characteristics of the soil or improve agricultural crop production, except that it shall not include the following: Commercial fertilizers, agricultural liming materials including ground and slaked lime, unmanipulated animal manures, vegetable compost and pesticides.
(b) "Name" means the specific designation under which the individual product is offered for sale.
(c) "Bulk" means in nonpackaged form.
(d) "Distribute" means to import, consign, offer for sale, sell, barter or to otherwise supply soil amendments to any person in this state.
(e) "Label" means the display of written, printed or graphic matter upon the immediate container of a soil amendment.
(f) "Unmanipulated animal manures" means the refuse of stables, barnyards or feedlots consisting of animal excreta with or without litter.
(g) "Secretary" means the secretary of agriculture.
(h) "Department" means the Kansas department of agriculture.
(i) "Active ingredient" means the ingredient or ingredients which affect the physical, chemical or other characteristics of the soil and thereby improve soil condition.
(j) "Inert ingredient" means the ingredients which do not have any beneficial effect but are present in the product.
(k) "Person" means individuals, partnerships, associations and corporations.
(l) "Percent" or "percentage" means by weight.
(m) "Registrant" means any person who registers a soil amendment under the provisions of this act.
(n) "Value" means that a product provides statistically established economic benefits to the end user of the product.
(o) "Usefulness" means that there exists data on a product that proves that the product has a beneficial contribution towards the improvement of the physical, chemical or other characteristics of the soil or that the product improves agricultural crop production.
(p) "Agricultural crop production" means the production of field crops commonly grown in Kansas as opposed to horticultural or landscaping stock.
History: L. 1976, ch. 2, § 3; L. 1980, ch. 2, § 1; L. 1985, ch. 14, § 2; L. 2004, ch. 101, § 53; July 1.
(1) The net weight of the contents;
(2) the name of the product;
(3) the guaranteed analysis, including the name and the percentage of each active ingredient and the percentage of inert ingredients;
(4) a statement as to the purpose of the product;
(5) adequate directions for use; and
(6) the name and address of the registrant.
(b) Bulk lots shall be labeled by attaching a copy of the label to the invoice, which shall be furnished the purchaser.
(c) No active ingredient may be listed or guaranteed on a label or labeling of a soil amendment without the secretary's approval. The secretary shall allow an active ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the secretary to substantiate the value and usefulness of the active ingredient. In any case where there are no active ingredients or there are no claims made for the product, the secretary may require supportive data or information to substantiate the value and usefulness of the product. The secretary may rely on outside sources such as the agricultural experiment stations established by K.S.A. 76-465 and amendments thereto for assistance in evaluation of the data submitted.
(d) When an active ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis. The secretary may prescribe methods and procedures of inspection and analysis of the active ingredient.
(e) The provisions of this section shall not apply to any bulk lots of animal manures except that the quantity and name of any ingredients added thereto shall be specified.
History: L. 1976, ch. 2, § 4; L. 1980, ch. 2, § 2; L. 1985, ch. 14, § 3; July 1.
History: L. 1976, ch. 2, § 5; L. 1982, ch. 4, § 12; L. 2002, ch. 181, § 8; L. 2004, ch. 85, § 8; L. 2005, ch. 38, § 1; July 1.
History: L. 1976, ch. 2, § 6; L. 2002, ch. 181, § 9; L. 2004, ch. 85, § 9; Repealed, L. 2005, ch. 38, § 3; July 1.
History: L. 1976, ch. 2, § 7; March 2.
(a) Distribute a soil amendment that is not registered with the secretary;
(b) distribute a soil amendment that is not labeled;
(c) distribute a soil amendment that is misbranded;
(d) distribute a soil amendment that is adulterated; or
(e) fail to comply with a stop sale, use or removal order.
History: L. 1976, ch. 2, § 8; L. 2005, ch. 38, § 2; July 1.
(2) it is distributed under the name of another soil amendment;
(3) it is not labeled in accordance with K.S.A. 2-2804 or rules and regulations adopted under the provisions of this act; or
(4) it purports to be or is represented as being or containing a soil amendment, and does not conform to the standards of identity prescribed by rules and regulations adopted under the provisions of this act.
(b) For the purposes of this act, a soil amendment shall be deemed to be adulterated if: (1) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal or aquatic life when applied in accordance with the directions for use shown on the label, or if adequate warning statements and directions for use which may be necessary to protect plant, animal or aquatic life are not shown on the label;
(2) its composition differs from that which it is purported to possess by its labeling; or
(3) it contains any noxious weed seed.
History: L. 1976, ch. 2, § 9; March 2.
History: L. 1976, ch. 2, § 10; March 2.
History: L. 1976, ch. 2, § 11; March 2.
History: L. 1976, ch. 2, § 12; L. 1988, ch. 356, § 33; July 1, 1989.
(b) The secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act or any rule or regulation promulgated under this act, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
History: L. 1976, ch. 2, § 13; March 2.
History: L. 1976, ch. 2, § 14; L. 2001, ch. 5, § 20; L. 2004, ch. 101, § 54; July 1.