Kansas Statutes

Chapter 2: Agriculture

Article 7: Insects And Plant Diseases

Statutes:

• 2-701:
• 2-702:
• 2-703:
• 2-704, 2-705:
• 2-706, 2-707:
• 2-708 to 2-711:
• 2-712: Black stem rust, legislative declaration.
• 2-713: Same; public nuisances.
• 2-714: Same; destruction and control of certain plants; barberry eradication fund.
• 2-715: Same; exemption of certain plants.
• 2-716: Same; enforcement of act.
• 2-717: Same; penalty.

• 2-701:

        History:   L. 1907, ch. 386, § 5; R.S. 1923, § 2-701; Repealed, L. 1965, ch. 6, § 18; June 30.

• 2-702:

        History:   L. 1907, ch. 386, § 6; L. 1909, ch. 27, § 1; R.S. 1923, § 2-702; Repealed, L. 1965, ch. 6, § 18; June 30.

• 2-703:

        History:   L. 1907, ch. 386, § 7; R.S. 1923, § 2-703; L. 1947, ch. 6, § 1; L. 1951, ch. 9, § 1; L. 1957, ch. 6, § 1; Repealed, L. 1965, ch. 6, § 18; June 30.

• 2-704, 2-705:

        History:   L. 1907, ch. 386, §§ 8, 9; R.S. 1923, §§ 2-704, 2-705; Repealed, L. 1965, ch. 6, § 18; June 30.

• 2-706, 2-707:

        History:   L. 1927, ch. 12, §§ 1, 2; L. 1955, ch. 4, §§ 1, 2; Repealed, L. 1965, ch. 6, § 18; June 30.

• 2-708 to 2-711:

        History:   L. 1927, ch. 12, §§ 3 to 6; Repealed, L. 1965, ch. 6, § 18; June 30.

• 2-712: Black stem rust, legislative declaration. It is hereby declared as a matter of legislative determination that the common barberry, Berberis vulgaris, its horticultural varieties and Berberis, Mahonia and Mahoberberis are the alternate host plants of a plant disease known as black stem rust; that the plant disease, black stem rust, is caused by an organism known as Puccinia graminis which attacks wheat, oats, barley, rye and other cultivated plants and wild grasses; that the spread of said black stem rust to the agricultural crops and wild grasses of this state cause great financial loss to the growers of these crops and to the agricultural interests of this state.

        History:   L. 1951, ch. 10, § 1; June 30.

• 2-713: Same; public nuisances. The common barberry, Berberis vulgaris, its horticultural varieties and Berberis, Mahonia and Mahoberberis (commonly known as mahonias, hollygrapes, holly barberries or Oregon grapes), are hereby declared to be public nuisances and the propagation, growth, movement or possession of said plants, including cuttings, stalks, scions, buds, fruits, seeds, or parts of plants capable of propagation, are hereby prohibited, except as herein specifically exempted.

        History:   L. 1951, ch. 10, § 2; June 30.

• 2-714: Same; destruction and control of certain plants; barberry eradication fund. The secretary of agriculture is hereby authorized to destroy or cause to be destroyed all such plants, or parts thereof capable of propagation, wherever and whenever found, and may cooperate with other agencies and individuals within the state and with the United States department of agriculture in the removal of these plants and in the control of the black stem rust disease in agricultural crops and wild grasses. The secretary of agriculture is hereby authorized to enter into agreements with any agency of the federal government for the purpose of carrying out the common barberry eradication program. Such agreement may provide for proportionate contributions of funds for such a program and when such is the case, the agreement shall clearly state the amounts to be contributed by the federal agency and the amounts to be contributed by the Kansas department of agriculture. All funds contributed by any federal agency and the funds contributed by the Kansas department of agriculture shall be deposited in the state treasury in a fund to be known as the "barberry eradication fund," which fund is hereby created and the secretary of agriculture is hereby authorized to expend said funds in carrying out its common barberry eradication program.

        History:   L. 1951, ch. 10, § 3; L. 1955, ch. 5, § 1; L. 2004, ch. 101, § 12; July 1.

• 2-715: Same; exemption of certain plants. Such species and varieties of the Berberis, Mahonia and Mahoberberis as have been or may be tested and designated as rust-resistant or immune by the bureau of entomology and plant quarantine, United States department of agriculture, are hereby declared to be exempt from the provisions of this act.

        History:   L. 1951, ch. 10, § 4; June 30.

• 2-716: Same; enforcement of act. The secretary of agriculture shall supervise performance of all duties incident to the enforcement of this act, and acts amendatory thereof and supplemental thereto, and shall have the authority to inspect all premises to ascertain the presence of any of the prohibited plants and to destroy any and all such plants in accordance with the terms and provisions of K.S.A. 2-702, and amendments thereto, and they are further authorized and empowered to intercept, condemn or return to an out-of-state shipper at the shipper's expense all prohibited plants, or parts thereof capable of propagation.

        History:   L. 1951, ch. 10, § 5; L. 2004, ch. 101, § 13; July 1.

• 2-717: Same; penalty. Any person who violates any of the provisions of this act, or acts amendatory thereof and supplemental thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in the sum of not to exceed five hundred dollars ($500) and costs.

        History:   L. 1951, ch. 10, § 6; June 30.