Kansas Statutes

Chapter 2: Agriculture

Article 9: Poultry

Statutes:

• 2-901:
• 2-902, 2-903:
• 2-904 to 2-906:
• 2-907: Kansas poultry improvement association as state agency; duties.
• 2-908: Citation of act.
• 2-909: Definitions.
• 2-910: National poultry improvement plan; cooperation in administration; powers and duties of commissioner.
• 2-911: Same; "national plan hatchery" and "U.S. pullorum-typhoid clean" designations, requirements; prohibiting certain shipments into state.
• 2-912: Same; compliance requirements for state designation.
• 2-913: Exhibitions; pullorum-typhoid clean requirements.
• 2-914: Reports of disease diagnosis and specimens; quarantine; disposition of infected flocks.
• 2-915: Revocation of national plan designations; investigation.
• 2-916: Penalties.

• 2-901:

        History:   L. 1903, ch. 28, § 1; R.S. 1923, § 2-901; L. 1945, ch. 1, § 1; Repealed, L. 1959, ch. 3, § 1; June 30.

• 2-902, 2-903:

        History:   L. 1903, ch. 28, §§ 2, 3; R.S. 1923, §§ 2-902, 2-903; Repealed, L. 1945, ch. 1, § 7; June 28.

• 2-904 to 2-906:

        History:   L. 1945, ch. 1, §§ 2 to 4; Repealed, L. 1959, ch. 3, § 1; June 30.

• 2-907: Kansas poultry improvement association as state agency; duties. The Kansas poultry improvement association of Manhattan, Kan., whose articles of incorporation are recorded in the office of the secretary of state, is hereby designated and declared to be the official state agency for the state of Kansas, for the purpose of carrying out the national poultry improvement plan. The Kansas poultry improvement association shall cooperate with the United States department of agriculture, Kansas state university of agriculture and applied science, Kansas department of agriculture and the Kansas livestock commissioner for the purpose of promoting the poultry industry and its allied branches and shall supervise and administer the national improvement plan in this state.

        History:   L. 1949, ch. 7, § 1; L. 1965, ch. 3, § 1; L. 2004, ch. 101, § 14; July 1.

• 2-908: Citation of act. The provisions of K.S.A. 2-908 to 2-916, inclusive, shall be known and may be cited as the poultry disease control act.

        History:   L. 1984, ch. 195, § 1; Jan. 1, 1985.

• 2-909: Definitions. As used in the poultry disease control act, except where the context clearly requires a different meaning, the following words and phrases shall have the meaning ascribed thereto.

        (a)   "Commissioner" means the livestock commissioner of the state of Kansas.

        (b)   "Fowl typhoid" means a disease of poultry caused by salmonella gallinarum.

        (c)   "Hatchery" means a premises with equipment which is operated or controlled by a person for the production of baby poultry.

        (d)   "Person" means any individual, partnership, firm or corporation.

        (e)   "Plan" means the national poultry improvement plan contained in sections 145.1 to 145.54, inclusive, of title 9 of the code of federal regulations and the auxiliary provisions thereto which are contained in sections 147.1 to 147.48, inclusive, of title 9 of the code of federal regulations and any amendments or supplements to such plan or provisions.

        (f)   "Poultry" means any domesticated birds which are bred for the primary purpose of producing eggs or meat or of being exhibited and which may include chickens, turkeys, waterfowl and game birds, but which shall not include doves or pigeons.

        (g)   "Pullorum" means a disease of poultry caused by salmonella pullorum.

        History:   L. 1984, ch. 195, § 2; Jan. 1, 1985.

• 2-910: National poultry improvement plan; cooperation in administration; powers and duties of commissioner. The commissioner is hereby authorized to cooperate with the United States department of agriculture in the administration of the plan, may enter into a memorandum of understanding with that department therefor and may exercise and perform the powers, duties and functions prescribed for the commissioner under the memorandum of understanding and the plan.

        History:   L. 1984, ch. 195, § 3; Jan. 1, 1985.

• 2-911: Same; "national plan hatchery" and "U.S. pullorum-typhoid clean" designations, requirements; prohibiting certain shipments into state. (a) Each hatchery within Kansas shall be designated as a "national plan hatchery" by the commissioner in accordance with the plan or shall meet requirements which are equivalent to the requirements under the plan for pullorum and fowl typhoid control as determined by the commissioner.

        (b)   Each hatchery supply flock within Kansas shall be designated as "U.S. pullorum-typhoid clean" by the commissioner in accordance with the plan or shall meet requirements which are equivalent to the requirements under the plan for pullorum and fowl typhoid control as determined by the commissioner. Any other poultry, except waterfowl, on the same premises as the hatchery supply flock shall be free from pullorum and fowl typhoid infection as evidenced by an official blood test conducted in accordance with the plan.

        (c)   No poultry may be shipped into Kansas other than from a source which is designated U.S. pullorum-typhoid clean under the plan or which meets the equivalent requirements.

        History:   L. 1984, ch. 195, § 4; Jan. 1, 1985.

• 2-912: Same; compliance requirements for state designation. All hatcheries, supply flocks of poultry, exhibition flocks of poultry, poultry and poultry products shall comply with the provisions of the plan which provide procedures required to qualify Kansas as a U.S. pullorum-typhoid clean state.

        History:   L. 1984, ch. 195, § 5; Jan. 1, 1985.

• 2-913: Exhibitions; pullorum-typhoid clean requirements. All poultry, including exhibition, exotic and game birds but excluding waterfowl, taken to a public exhibition in Kansas shall come from a flock of poultry which is designated U.S. pullorum-typhoid clean or which meets the equivalent requirements as determined by the commissioner or shall have a negative result from a pullorum and fowl typhoid test conducted within 90 days of the poultry being taken to the public exhibition.

        History:   L. 1984, ch. 195, § 6; Jan. 1, 1985.

• 2-914: Reports of disease diagnosis and specimens; quarantine; disposition of infected flocks. (a) Each person performing poultry disease diagnostic services shall report within 48 hours to the commissioner or the commissioner's authorized agent the source of each poultry specimen from which salmonella pullorum or salmonella gallinarum is isolated. Upon receiving such report, the commissioner or the commissioner's authorized agent shall investigate to determine the origin of the infection.

        (b)   Each flock of poultry which is found to be infected shall be quarantined by the commissioner or the commissioner's authorized agent until (1) it is marketed or destroyed under the supervision of the commissioner or the commissioner's authorized agent, or (2) it subsequently receives an official blood test conducted in accordance with the procedure for reacting flocks under subsection (a)(5) of 9 C.F.R. 145.14, as revised as of January 1, 1983, and all members of the flock of poultry fail to demonstrate pullorum or fowl typhoid infection.

        (c)   All costs for testing and handling a quarantined flock of poultry shall be paid by the owner thereof.

        History:   L. 1984, ch. 195, § 7; Jan. 1, 1985.

• 2-915: Revocation of national plan designations; investigation. (a) After a thorough investigation, the commissioner may revoke any national plan hatchery or U.S. pullorum-typhoid clean designation for failure of the person operating the hatchery or owning the hatchery supply flocks to comply with the requirements of the poultry disease control act or for the occurrence of repeated outbreaks of pullorum or fowl typhoid in the hatchery or hatchery supply flocks.

        History:   L. 1984, ch. 195, § 8; Jan. 1, 1985.

• 2-916: Penalties. Each violation or failure to comply with the provisions of the poultry disease control act is a misdemeanor and shall be punishable by a fine of not less than $100 nor more than $500.

        History:   L. 1984, ch. 195, § 9; Jan. 1, 1985.