(b) "Feed yard feeding" means the feeding of livestock in lots or pens which are not used normally for raising crops and in which no vegetation, intended for livestock feed, is growing.
(c) "Livestock" means cattle, swine, sheep and horses.
(d) "Operator" means the owner, or the person having charge or control, of a feedlot.
(e) "Person" means an individual, a corporation, a group of individuals, joint venturers, a partnership or any other business entity.
(f) "Commissioner" means the state livestock commissioner.
(g) "Board" means the Kansas animal health board.
History: L. 1963, ch. 287, § 1; L. 1989, ch. 156, § 56; July 1.
History: L. 1963, ch. 287, § 2; June 30.
(b) An operator of any feedlot in the state of Kansas, or a person desiring to operate a feedlot in the state of Kansas, shall obtain, from the livestock commissioner, a license to operate a feedlot, unless exempted therefrom. The owner or operator of any livestock feedlot, with a capacity of less than 1,000 head of livestock, may apply for and obtain a license for feedlot operations, if such owner or operator chooses and elects to come under the terms and provisions of this act, but the licensing for operations at a capacity of less than 1,000 head shall not be required.
(c) Application for a livestock feedlot license shall be filed with the livestock commissioner, on a form prescribed and furnished by the commissioner. Upon the filing of such an application and payment of the required fees, the commissioner shall issue a livestock feedlot license to such applicant, provided the application discloses information assuring the commissioner that the operation of such feedlot will be conducted in accordance with the standards set forth elsewhere in this act, and with rules and regulations adopted by the commissioner.
(d) Feedlot licenses shall be issued for the term of one year, to expire on June 30 following the date of issuance. Feedlot licenses may be continued in force by annual renewal or extension of such license with the payment of an annual license fee, and with continued compliance by the operator with the provisions of this act, and acts amendatory of the provisions thereof and supplemental thereto, and rules and regulations adopted hereunder.
(e) Each feedlot operator, who shall be
granted a license, shall pay a fee in an amount set by the Kansas animal
health board and adopted by rules and regulations of the commissioner for
such license and for annual renewal thereof, in accordance with and subject to
the following schedule of maximum fees:
Feedlot capacity
Maximum fee
Under 1,000 head.................$75
1,000 to 2,999 head.................$150
3,000 to 9,999 head.................$300
10,000 to 17,999 head.................$450
18,000 head and over.................$750
The fees established by this subsection on the day preceding the effective
date of this act shall continue in effect until different fees are set as
provided under this subsection.
(f) If an original feedlot license expires within six months
after date of issuance, only 50% of the applicable license fee
shall be required. An application for feedlot license shall not be
approved, nor shall a license be issued to any applicant unless the
application is accompanied by the applicable license fee under the
schedule of fees in this
section. Each licensed feedlot operator shall pay an annual
license fee in accordance with the schedule of fees in this
section and, upon payment of such fee and a showing of compliance with other
requirements, shall be entitled to a renewal or extension of such operator's
license for the ensuing license year.
(g) The livestock commissioner shall remit all moneys received
by or for the commissioner under article 15 of chapter 47 of Kansas Statutes
Annotated, and amendments thereto, to the state treasurer in accordance with
the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance,
the state
treasurer shall
deposit the entire amount in the state treasury to the credit of the
animal disease control fund.
History: L. 1963, ch. 287, § 3; L. 1970, ch. 207, § 1;
L. 1973, ch. 2, § 27; L. 1980, ch. 156, § 6;
L. 1986, ch. 197, § 5;
L. 1991, ch. 152, § 18;
L. 1993, ch. 167, § 6;
L. 2001, ch. 5, § 171; July 1.
History: L. 1963, ch. 287, § 4;
L. 1989, ch. 156, § 57; July 1.
Any feedlot operated in compliance with such standards, and in
compliance with the regulations made and promulgated by the commissioner
shall be deemed to be prima facie evidence that a nuisance does not exist.
History: L. 1963, ch. 287, § 5; L. 1967, ch. 295, § 1; April 20.
The commissioner shall have the duty to (1)
Prepare, design and have printed
application forms which shall be available to feedlot operators and to
applicants for such a license. Such forms shall provide for answers and
statements by applicants, to disclose whether such applicants can, and are
capable of complying with standards of operation set forth in this act, and
as set forth in the regulations made by such commissioner under authority
of this act; (2) keep, maintain and compile all necessary records; and (3)
undertake and carry through research studies, investigations and surveys
which are needed and required for the proper administration of this act.
The commissioner shall have the power to call upon the
university of Kansas and Kansas
state university for aid and assistance in conducting such research studies
and surveys.
The commissioner, or authorized agents or employees, are authorized
to investigate all complaints concerning the operation of feedlots within
the state of Kansas when an operator of such a feedlot is charged with any
violations of the provisions of this act. The commissioner shall have the
power to enter upon feedlot premises and to investigate the methods of
operation of all such feedlots.
The commissioner shall have the power and the duty to suspend or revoke
the license of any feedlot operator, after a hearing, and after an
administrative determination that such an operator has violated, or has
failed to comply with any of the provisions of this act, or any regulation
adopted thereunder. The commissioner shall have the power and
duty to reinstate any such
suspended or revoked licenses, upon a satisfactory and acceptable showing
and assurance that such feedlot operator conducted feedlot operations in
conformity with, and in compliance with, the provisions of this act and
regulations adopted thereunder, and that such conformity and compliance
will be continuous. A feedlot license shall not be suspended or revoked by
the commissioner, until charges have been submitted, in writing, concerning
alleged violations, and until the licensee shall have been given an
opportunity to be heard in such licensee's defense in
accordance with the
provisions of the Kansas administrative procedure act.
History: L. 1963, ch. 287, § 6;
L. 1988, ch. 356, § 156; July 1, 1989.
Upon the filing of such a notice of appeal with the commissioner, the
commissioner shall cause the matter to be set for hearing for a date
certain within 30 days after receipt of such notice of appeal. The
commissioner shall call the board into session for the
purpose of hearing such appeal in the county where the operation is being
conducted. The board shall conduct a hearing thereon in
accordance with the provisions of the Kansas administrative procedure act
and issue an order and decision determining whether the grievance of such
operator is justified. If the record shows any abuse of discretion or any
misinterpretation of the law or rules and regulations by the commissioner,
the board may reverse the decision of the commissioner
or modify or affirm the commissioner's decision.
An order of the commissioner resulting from a hearing in accordance with
the provisions of the Kansas administrative procedure act is subject to
review by the board in accordance with K.S.A.
77-527 and amendments thereto.
(b) Any action of the board pursuant to subsection
(a) is subject to review in accordance with the act for judicial review and
civil enforcement of agency actions.
(c) The commissioner and, upon appeal, the board
shall have the exclusive power to determine whether or not a feedlot
operator has complied with the standards set forth in this act and rules
and regulations adopted by the commissioner, subject to review as provided
by subsection (b).
History: L. 1963, ch. 287, § 7;
L. 1986, ch. 318, § 70;
L. 1988, ch. 356, § 157;
L. 1989, ch. 156, § 58; July 1.
History: L. 1963, ch. 287, § 8;
L. 1989, ch. 156, § 59; July 1.
History: L. 1963, ch. 287, § 9; June 30.
History: L. 1963, ch. 287, § 10; June 30.
History: L. 1967, ch. 295, § 2; L. 1975, ch. 462,
§ 58;
L. 1989, ch. 156, § 60; July 1.