History: R.S. 1923, 74-501; Repealed, L. 1961, ch. 377, § 2; June 30.
History: L. 1872, ch. 37, § 2; L. 1873, ch. 9, § 1; L. 1917, ch. 310, § 1; R.S. 1923, 74-502; L. 1931, ch. 280, § 1; L. 1953, ch. 364, § 1; L. 1982, ch. 310, § 1; L. 1987, ch. 5, § 1; L. 1992, ch. 116, § 32; Repealed, L. 1995, ch. 156, § 16; Repealed, L. 1995, ch. 236, § 16; May 4.
History: L. 1872, ch. 37, § 3; L. 1917, ch. 310, § 2; R.S. 1923, 74-503; L. 1931, ch. 280, § 2; L. 1953, ch. 364, § 2; L. 1961, ch. 377, § 1; L. 1982, ch. 310, § 2; L. 1987, ch. 5, § 2; Repealed, L. 1995, ch. 156, § 16; Repealed, L. 1995, ch. 236, § 16; May 4.
History: L. 1872, ch. 37, § 4; L. 1917, ch. 310, § 3; R.S. 1923, 74-504; L. 1943, ch. 269, § 13; L. 1985, ch. 248, § 1; L. 2004, ch. 101, § 109; July 1.
History: L. 1947, ch. 9, § 1; L. 2004, ch. 101, § 110; July 1.
(a) To provide means of more effective assistance to county clerks and deputy assessors in securing a complete and accurate annual agricultural enumeration;
(b) to secure statistics relating to summer fallow and continuous crop acreage, depth of soil moisture, winter wheat abandonment and utilization of abandoned wheat acreage;
(c) to secure information relative to acreage of wheat by varieties;
(d) to secure monthly information on prices received by farmers for agricultural commodities sold by grades and classes;
(e) to gather monthly information relating to livestock slaughtered, market receipts by class, average weight and price;
(f) to gather information on monthly receipts and sales of milk for fluid consumption and prices received by producers and paid by consumers for milk;
(g) to determine farm and commercial grain storage capacity and secure information concerning soybean and flaxseed processing and alfalfa dehydrating plants in Kansas;
(h) to secure such other data as may be of service in the upbuilding and prosperity of the state's agriculture;
(i) to prepare and disseminate the information thus gathered in a suitable manner on a county, area and state basis;
(j) to make agreements with any other agency or educational institution of this state or its subdivisions or with any agency or educational institution of any other state or with the United States government or any of its agencies or any not-for-profit corporation or organization for data collection, processing of data, research studies, or any other purpose related to performing the duties of the statistical service of the Kansas department of agriculture;
(k) to conduct statistical surveys and studies for any other agency or educational institution of this state or its subdivisions or with any agency or educational institution of any other state or with the United States government or any of its agencies or any not-for-profit corporation or organization for a purpose related to performing the duties of the statistical service of the Kansas department of agriculture, and to make a reasonable service charge for conducting such studies; and
(l) to receive and accept funds from the United States government, or any of its agencies, or from any agency or educational institution of the state of Kansas or from any not-for-profit corporation or organization for performing statistical studies, data collection or for any other purposes related to the performance of any duties of the statistical service of the Kansas department of agriculture.
History: L. 1947, ch. 9, § 2; L. 1990, ch. 275, § 1; L. 2004, ch. 101, § 111; July 1.
History: L. 1967, ch. 413, § 4; L. 1974, ch. 348, § 46; Repealed, L. 1995, ch. 156, § 16; Repealed, L. 1995, ch. 236, § 16; May 4.
History: L. 1978, ch. 55, § 1; Repealed, L. 2001, ch. 18, § 1; July 1.
History: L. 1990, ch. 275, § 2; L. 2001, ch. 5, § 297; L. 2004, ch. 101, § 112; July 1.
History: L. 1872, ch. 37, § 6; R.S. 1923, 74-505; L. 1957, ch. 442, § 5; L. 2004, ch. 101, § 113; July 1.
History: L. 1957, ch. 439, § 1; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1965, ch. 435, § 6; July 1.
History: L. 1967, ch. 7, § 1; L. 2004, ch. 101, § 114; July 1.
History: L. 1919, ch. 218, § 1; R.S. 1923, 74-506; Repealed, L. 1927, ch. 293, § 6; Feb. 11.
History: L. 1927, ch. 293, § 1; L. 2004, ch. 101, § 115; July 1.
History: L. 1927, ch. 293, § 2; L. 2004, ch. 101, § 116; July 1.
History: L. 1927, ch. 293, § 3; Feb. 11.
History: L. 1927, ch. 293, § 4; L. 1933, ch. 271, § 7; L. 1937, ch. 329, § 12; L. 1965, ch. 435, § 1; L. 2004, ch. 101, § 117; July 1.
History: L. 1927, ch. 293, § 5; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1919, ch. 218, § 2; R.S. 1923, 74-507; Repealed, L. 1927, ch. 293, § 6; Feb. 11.
History: L. 1919, ch. 218, § 3; R.S. 1923, 74-508; Repealed, L. 1927, ch. 293, § 6; Feb. 11.
(1) To gather data, information and statistics from the existing irrigation plants in the state concerning the water supply and methods of securing the same and the methods employed in applying water to crops, and he shall tabulate and preserve in available form such information and shall publish and distribute the same from time to time;
(2) to visit the site of any proposed irrigation plant in the state upon the request of any citizen of the state and advise as to the feasibility of installing such plant and furnish plans and specifications therefor upon request, such visits to be made only when his actual expenses therefor are guaranteed by the person requesting such visit;
(3) to operate by lease under competitive bids all existing irrigation plants now owned by the state of Kansas, and installed by the board of irrigation, survey, experiment and demonstration, or the state irrigation commissioner, until such time as he shall have determined the feasibility of irrigation under conditions existing at each of such plants, and all proceeds from the operation of any such plants shall be paid into and become a part of the funds herein provided, for the payment of the expenses of conducting such department;
(4) to immediately take charge of all property of every kind and nature now belonging to the state of Kansas and heretofore purchased or otherwise acquired by the board of irrigation, survey, experiment and demonstration, and the state irrigation commissioner and shall have authority to sell and dispose of any such property not including real estate and not necessary for carrying out the work of such department;
(5) to make quarterly reports to the secretary of agriculture, including itemized accounts of all receipts and expenditures of such department.
History: L. 1919, ch. 218, § 4; R.S. 1923, 74-509; L. 2004, ch. 101, § 118; July 1.
History: L. 1929, ch. 253, § 1; Repealed, L. 1933, ch. 274, § 1; Feb. 22.
History: L. 1933, ch. 206, § 1; Repealed, L. 1945, ch. 390, § 25; June 28.
History: L. 1933, ch. 206, § 3; Repealed, L. 1945, ch. 390, § 25; June 28.
History: L. 1919, ch. 218, § 5; R.S. 1923, 74-510; L. 1945, ch. 390, § 22; June 28.
History: L. 1977, ch. 354, § 1; L. 2004, ch. 101, § 119; July 1.
History: L. 1907, ch. 386, § 1; L. 1919, ch. 9, § 1; R.S. 1923, 74-511; L. 2004, ch. 101, § 120; July 1.
History: L. 1907, ch. 386, § 2; R.S. 1923, 74-512; Repealed, L. 1963, ch. 395, § 3; July 1.
History: R.S. 1923, 74-513; Repealed, L. 1963, ch. 395, § 3; July 1.
History: L. 1907, ch. 386, § 10; R.S. 1923, 74-514; Repealed, L. 1943, ch. 269, § 28; June 30.
History: L. 1907, ch. 386, § 12; R.S. 1923, 74-515; Repealed, L. 1963, ch. 395, § 3; July 1.
History: L. 1963, ch. 395, § 1; L. 2004, ch. 101, § 121; July 1.
History: L. 1963, ch. 395, § 2; L. 2004, ch. 101, § 122; July 1.
History: L. 1923, ch. 104, §§ 1 to 4; R.S. 1923, 74-516 to 74-519; Repealed, L. 1951, ch. 434, § 1; June 30.
History: L. 1913, ch. 293, § 3; R.S. 1923, 74-520; L. 1925, ch. 252, § 1; L. 1987, ch. 5, § 3; L. 1994, ch. 311, § 2; Repealed, L. 1994, ch. 311, § 11; March 15, 1995.
(1) The secretary of agriculture or the successor of the secretary of agriculture, or the secretary's designee;
(2) the secretary of commerce, or the secretary's designee;
(3) the director of extension of Kansas state university of agriculture and applied science, or the director's designee;
(4) one person appointed by the governor from three persons nominated by the Kansas chamber of commerce and industry;
(5) one person appointed by the governor from three persons nominated by the travel industry association of Kansas;
(6) one person appointed by the governor from three persons nominated by the Kansas fairs association;
(7) one person appointed by the Kansas technology enterprise corporation from among the board of directors of the Kansas technology enterprise corporation; and
(8) six people from the general public appointed by the governor. Of such people appointed, one shall be from each of the five extension areas, as established in subsection (e), and one shall represent the state at large. Directors of each extension area shall submit three nominations to the governor. Such persons nominated shall be actively involved in agriculture production or agribusiness.
(b) Of the persons initially appointed by the governor under subsection (a), three shall have a term of one year, three shall have a term of two years and three shall have a term of three years and until a successor is appointed and qualified. Thereafter, all members shall have terms of three years and until a successor is appointed and qualified.
(c) Any vacancy occurring on the Kansas state fair board shall be filled as the original appointment was made.
(d) If any of the members able to appoint a designee does so, the designee shall be appointed for a term of not less than one year.
(e) For the purpose of this section the state shall be divided into five extension areas. The northwest extension area shall include the following counties: Cheyenne, Rawlins, Decatur, Norton, Phillips, Smith, Osborne, Rooks, Graham, Sheridan, Thomas, Sherman, Wallace, Logan, Gove, Trego, Ellis, Russell, Barton, Rush and Ness. The southwest extension area shall include the following counties: Greeley, Wichita, Scott, Lane, Pawnee, Hodgeman, Finney, Kearny, Hamilton, Edwards, Ford, Gray, Haskell, Grant, Stanton, Morton, Stevens, Seward, Meade, Clark, Comanche and Kiowa. The south central extension area shall include the following counties: Lincoln, Ottawa, Dickinson, Ellsworth, Saline, Rice, McPherson, Marion, Reno, Harvey, Butler, Kingman, Sedgwick, Cowley, Sumner, Harper, Barber, Pratt and Stafford. The southeast extension area shall include the following counties: Morris, Chase, Lyon, Osage, Franklin, Miami, Coffey, Anderson, Linn, Bourbon, Allen, Woodson, Greenwood, Elk, Wilson, Neosho, Crawford, Chautauqua, Montgomery, Labette and Cherokee. The northeast extension area shall include the following counties: Jewell, Republic, Washington, Marshall, Nemaha, Brown, Doniphan, Mitchell, Cloud, Clay, Riley, Pottawatomie, Jackson, Atchison, Jefferson, Leavenworth, Wyandotte, Johnson, Douglas, Shawnee, Wabaunsee and Geary.
History: L. 1994, ch. 311, § 1; L. 2003, ch. 154, § 24; July 1.
History: L. 1913, ch. 293, § 4; R.S. 1923, 74-521; L. 1925, ch. 252, § 2; L. 1967, ch. 413, § 2; L. 1974, ch. 348, § 47; L. 1987, ch. 5, § 20; L. 1988, ch. 293, § 1; L. 1994, ch. 311, § 4; Mar. 15, 1995.
History: L. 1913, ch. 293, § 5; L. 1921, ch. 13, § 4; R.S. 1923, 74-522; L. 1925, ch. 252, § 3; L. 1987, ch. 5, § 21; L. 1994, ch. 311, § 5; Mar. 15, 1995.
History: L. 1913, ch. 293, § 6; R.S. 1923, 74-523; L. 1987, ch. 5, § 22; L. 1994, ch. 311, § 6; Mar. 15, 1995.
History: L. 1913, ch. 293, § 7; R.S. 1923, 74-524; L. 1987, ch. 5, § 23; L. 1994, ch. 311, § 3; May 12.
History: L. 1987, ch. 5, § 4; April 30.
History: L. 1994, ch. 311, § 7; May 12.
(b) The Kansas state fair board created by this act shall be the successor in every way to the powers, duties and functions of the state fair board in which the same were vested prior to the effective date of this act. Every act performed under the authority of the Kansas state fair board created by this act shall be deemed to have the same force and effect as if performed by the state fair board in which such functions were vested prior to the effective date of this act.
(c) Whenever the state fair board or words of like effect, is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas state fair board created by this act.
(d) All rules and regulations and all orders or directives of the state fair board in existence on the effective date of this act, shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the Kansas state fair board created by this act, until revised, amended, repealed or nullified pursuant to law.
(e) The Kansas state fair board created by this act shall be a continuation of the state fair board provided under K.S.A. 74-520 and amendments thereto.
History: L. 1994, ch. 311, § 8; May 12.
History: L. 1994, ch. 311, § 9; May 12.
History: L. 1923, ch. 17, § 3; R.S. 1923, 74-525; Repealed, L. 1955, ch. 3, § 5; April 9.
History: L. 1949, ch. 65, § 1; L. 1955, ch. 3, § 4; L. 1979, ch. 239, § 3; Repealed, L. 1980, ch. 234, § 1; July 1.
History: R.S. 1923, 74-526; L. 1957, ch. 423, § 1; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1913, ch. 293, § 11; R.S. 1923, 74-527; Repealed, L. 1979, ch. 239, § 4; July 1.
History: L. 1925, ch. 251, §§ 1, 2; Repealed, L. 1963, ch. 396, § 1; June 30.
History: L. 1947, ch. 8, § 1; L. 1988, ch. 294, § 1; Repealed, L. 1996, ch. 209, § 29; July 1.
History: L. 1947, ch. 8, § 2; L. 1996, ch. 209, § 21; July 1.
History: L. 1947, ch. 8, § 3; L. 1996, ch. 209, § 22; July 1.
History: L. 1947, ch. 8, § 4; L. 1965, ch. 435, § 4; Repealed, L. 1996, ch. 209, § 29; July 1.
History: L. 1947, ch. 8, § 5; L. 1973, ch. 2, § 29; L. 1996, ch. 209, § 23; L. 2001, ch. 5, § 298; July 1.
History: L. 1947, ch. 8, § 6; June 30.
History: L. 1947, ch. 8, § 7; June 30.
History: L. 1947, ch. 8, § 9; Repealed, L. 1973, ch. 2, § 36; July 1.
History: L. 1947, ch. 8, § 10; June 30.
History: L. 1947, ch. 8, § 11; June 30.
History: L. 1985, ch. 3, § 1; Repealed, L. 1996, ch. 209, § 29; July 1.
History: L. 1988, ch. 294, §§ 2 to 4; Repealed, L. 1996, ch. 209, § 29; July 1.
History: L. 1985, ch. 2, § 1; March 21.
History: L. 1985, ch. 2, § 2; L. 2004, ch. 101, § 123; July 1.
History: L. 1985, ch. 2, § 3; March 21.
History: L. 1985, ch. 6, § 1; Expired, Sept. 30, 1996.
History: L. 1985, ch. 6, § 2; L. 1987, ch. 291, § 1; L. 1988, ch. 295, § 1; L. 1989, ch. 228, § 1; L. 1991, ch. 233, § 1; L. 1996, ch. 129, § 6; Expired, Sept. 30, 1996.
History: L. 1984, ch. 277, § 1; L. 2004, ch. 101, § 124; July 1.
History: L. 1988, ch. 165, § 2; L. 1996, ch. 209, § 24; July 1.
(1) One member representing the college of agriculture at Kansas State University;
(2) two members representing the commercial grape growing industry;
(3) two members representing the licensed farm winery industry;
(4) one member representing the licensed wine distributors industry;
(5) one member representing the licensed retail liquor industry;
(6) one member representing the tourism industry of Kansas; and
(7) one member representing the public at large having experience in marketing.
(b) The members of the advisory council shall be appointed for terms as follows: (1) Four members shall be appointed for terms ending on June 30, 1995, and (2) five members shall be appointed for terms ending on June 30, 1996. After the expiration of the initial terms of such members all members shall be appointed for terms of two years. All vacancies shall be filled by appointment for the remainder of the unexpired term of the member creating the vacancy.
(c) The advisory council shall organize annually by the election from the council's membership a chairperson and a vice-chairperson. The advisory council shall adopt such rules of procedure as the council deems necessary for conducting the council's business.
History: L. 1994, ch. 308, § 1; L. 1996, ch. 209, § 25; L. 2004, ch. 101, § 196; July 1.
(a) Advise the Kansas department of agriculture and other state agencies on the grape and wine industry initiatives, problems and needs;
(b) determine and recommend specific research programs and priorities at Kansas state university;
(c) facilitate improved communication and interaction among grape and wine producers, wine and liquor wholesalers and retailers, governmental agencies, both federal and state, and state tourism interests;
(d) determine and recommend specific marketing program priorities to assist in promoting and marketing the state's grape and wine industry;
(e) develop and recommend a long-term plan for financing continued programs for promotion, marketing, research and extension in support of the Kansas grape and wine industry; and
(f) report to the Kansas department of agriculture and the standing committees on agriculture of the senate and house of representatives on the status of the Kansas grape and wine industry.
History: L. 1994, ch. 308, § 2; L. 1996, ch. 209, § 26; L. 2004, ch. 101, § 175; July 1.
History: L. 1994, ch. 336, § 1; L. 2004, ch. 101, § 125; July 1.
(b) The members of the dairy marketing advisory board shall be appointed by the governor. The board shall consist of five members, of such, two members shall be dairy farmers; one member shall represent the milk handlers of the state; one member shall be a consumer of milk; and one member shall be the acting secretary of agriculture or the secretary's designee. The Kansas dairy association may make nominations to the governor for consideration as appointments to the dairy marketing advisory board.
(c) Except as provided by this subsection, members of the board shall serve for three year terms and until successors are appointed and qualified. Of the first five members appointed, two shall serve for one year, two shall serve for two years, and one shall serve for three years. The terms of members who are serving on the board on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Three members shall constitute a quorum. Vacancies on the board shall be filled in the same manner as original appointments are made. The board may remove any of the board members for cause after hearing. Not more than three members of the board shall be of the same political party.
(d) Members of the board shall receive no compensation for such members' services, but may be reimbursed for actual and necessary expenses incurred by such members in the performance of such members' duties.
(e) The dairy marketing advisory board shall:
(1) Study and evaluate the need for establishing a statewide milk marketing order;
(2) make recommendations as to the implementation of milk marketing orders; and
(3) prepare and submit to the standing agriculture committees of the legislature a report of its findings and recommendations on or before February 1 each year.
History: L. 1994, ch. 174, § 1; L. 1995, ch. 81, § 1; L. 1995, ch. 241, § 7; L. 2004, ch. 101, § 126; July 1.
(b) The secretary shall be appointed by the governor. The secretary shall have a demonstrated executive and administrative ability to discharge the duties of the office of secretary. Every appointed secretary of agriculture shall be appointed subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. The secretary shall be a member of the governor's cabinet. The secretary shall serve at the pleasure of the governor. The secretary shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary to be fixed by the governor. The acting secretary of agriculture who is serving as the secretary on the effective date of this act shall be the secretary of agriculture as established by this act, shall serve at the pleasure of the governor and shall be subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Any action of the senate taken prior to the effective date of this act which confirms an individual as the secretary of agriculture is hereby validated and shall constitute confirmation by the senate of such individual as secretary of agriculture under this section.
(c) The secretary shall organize an annual public informational meeting. The meeting shall take place in each congressional district on a rotating basis.
(d) The provisions of the Kansas governmental operations accountability law apply to the Kansas department of agriculture, and the department is subject to audit, review and evaluation under such law.
History: L. 1995, ch. 236, § 1; L. 2001, ch. 86, § 5; L. 2004, ch. 147, § 15; July 1.
History: L. 1995, ch. 236, § 2; L. 2004, ch. 101, § 197; July 1.
(b) The board shall be composed of nine members who shall be appointed by the governor. One member shall be appointed from each congressional district with the remaining members appointed at large, however, no two members shall reside in the same county at the time of their appointment. At no time shall more than five members of the board of agriculture be members of the same political party.
(c) Subsequent redistricting shall not disqualify any member of the board from service for the remainder of such member's term.
(d) The regular term of office of members of the board of agriculture shall be four years. Regular terms shall commence on the second Monday in January following appointment of the board member.
(e) Of the members of the board appointed in the year 1995: (1) Four members shall have terms ending on the second Monday in January 2001 and no more than two such members shall be members of the same political party; and (2) five members shall have terms ending on the second Monday in January 1999 and no more than three such members shall be members of the same political party.
(f) Any member appointed subsequent to 1995 shall be appointed for a four-year term, unless such appointment is to fill the unexpired term where a vacancy has occurred on the board, in which case the member shall be appointed for the remainder of the unexpired term.
(g) No officer or employee of the Kansas department of agriculture shall be a member of the state board of agriculture.
History: L. 1995, ch. 236, § 3; L. 2004, ch. 101, § 176; July 1.
(b) Meetings of the board subsequent to its initial meeting shall be held and conducted as provided in this act in accordance with policies and procedures established by the board.
(c) Commencing at the time of the initial meeting of the board, the powers, authorities, duties and responsibilities conferred and imposed upon the board by this act shall be operative and effective.
History: L. 1995, ch. 236, § 4; May 4.
History: L. 1995, ch. 236, § 5; May 4.
History: L. 1995, ch. 236, § 6; May 4.
History: L. 1995, ch. 236, § 7; May 4.
(b) The board shall serve in an advisory capacity to the agriculture products development division of the department of commerce. The board shall advise the division on issues and concerns relating to agriculture products development and marketing.
(c) The agriculture products development division of the department of commerce shall report to the board, at not less than two meetings of such board each year, on the activities and functions of the division.
History: L. 1995, ch. 236, § 8; L. 1996, ch. 209, § 28; L. 2003, ch. 154, § 25; L. 2004, ch. 147, § 9; July 1.
History: L. 1995, ch. 236, § 8; L. 1996, ch. 209, § 28; L. 2003, ch. 154, § 25; L. 2004, ch. 101, § 177; Repealed, L. 2005, ch. 186, § 22; May 12.
(b) Except as otherwise provided by this act, all of the powers, duties and functions of the existing state board of agriculture and the existing secretary of the state board of agriculture are hereby transferred to and conferred and imposed upon, the department of agriculture and the secretary of agriculture established by this act.
(c) Except as otherwise provided by this act, the department of agriculture and the secretary of agriculture established by this act shall be the successor in every way to the powers, duties and functions of the state board of agriculture and the secretary of agriculture in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the department of agriculture or the secretary of agriculture established by this act shall be deemed to have the same force and effect as if performed by the state board of agriculture or the secretary of the state board of agriculture, respectively, in which such powers, duties and functions were vested prior to the effective date of this act.
(d) Except as otherwise provided by this act, whenever the state board of agriculture, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of agriculture established by this act.
(e) Except as otherwise provided by this act, whenever the secretary of the state board of agriculture, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of agriculture established by this act.
(f) All rules and regulations of the state board of agriculture or the secretary of the state board of agriculture in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of agriculture established by this act until revised, amended, revoked or nullified pursuant to law.
(g) All rules and regulations of the division of water resources of the state board of agriculture or the chief engineer of the division of water resources of the state board of agriculture in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the chief engineer of the division of water resources of the department of agriculture established by this act until revised, amended, revoked or nullified pursuant to law.
(h) All orders and directives of the state board of agriculture or the secretary of the state board of agriculture in existence on the effective date of this act shall continue to be effective and shall be deemed to be orders and directives of the secretary of agriculture established by this act, until revised, amended or nullified pursuant to law.
(i) On the effective date of this act, the secretary of agriculture shall succeed to whatever right, title or interest the state board of agriculture has acquired in any real property in this state, and the secretary shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the state board of agriculture or the secretary of the state board of agriculture to acquire, hold or dispose of real property or any interest therein, the secretary of agriculture shall succeed to such power or authority.
(j) The secretary of agriculture established by this act shall be continuations of the state board of agriculture and the secretary of the state board of agriculture.
History: L. 1995, ch. 236, § 9; May 4.
(b) Except as otherwise provided in this act, and subject to the Kansas civil service act, the chief administrative officer of each division of the department of agriculture shall appoint all subordinate officers and employees of such officer's division, subject to the approval of the secretary, and all such subordinate officers and employees shall be within the classified service of the Kansas civil service act. Personnel of each such division shall perform such duties and exercise such powers as the chief administrative officer of their division to the extent authority to do so is delegated by such administrative officer.
History: L. 1995, ch. 236, § 10; L. 1996, ch. 146, § 3; Apr. 18.
History: L. 1995, ch. 236, § 11; May 4.
(b) The secretary of agriculture shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of agriculture. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or abolition of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History: L. 1995, ch. 236, § 12; May 4.
(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1995, ch. 236, § 13; May 4.
(b) On the effective date of this act, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or office abolished by this act, or which becomes a part of the department of agriculture established by this act, or the powers, duties and functions of which are transferred to the secretary of agriculture provided for by this act, shall be assumed and paid by the secretary of agriculture established by this act.
History: L. 1995, ch. 236, § 14; May 4.
History: L. 1996, ch. 209, § 3; L. 2000, ch. 116, § 12; July 1.
(b) Whenever the "division of markets," or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference is in regard to one of the powers and duties transferred to the department of agriculture pursuant to K.S.A. 74-574, such reference or designation shall be deemed to apply to the department of agriculture. Whenever the "director of marketing," or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference is in regard to one of the powers and duties transferred to the department of commerce pursuant to K.S.A. 74-574, such reference or designation shall be deemed to apply to the secretary of agriculture.
(c) All rules and regulations, orders, and directives of the division of marketing or director of marketing pertaining to powers and duties transferred pursuant to K.S.A. 74-574 shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of agriculture until revised, amended, or nullified pursuant to law.
History: L. 1996, ch. 209, § 6; L. 2003, ch. 154, § 26; July 1.
(a) Make and enter into contracts and agreements necessary or incidental to the execution of the laws relating to the department of agriculture; and
(b) foster and promote the development and economic welfare of the agricultural industry of the state.
History: L. 1996, ch. 93, § 1; Apr. 4.
History: L. 1999, ch. 97, § 2; July 1.
History: L. 2000, ch. 116, § 11; L. 2004, ch. 101, § 178; July 1.
(a) All powers, duties, and functions under the food service and lodging act, K.S.A. 36-501 et seq., relating to the licensing, inspection, and regulation of mobile retail ice cream vendors and food service establishments located in retail food stores;
(b) all powers, duties, and functions under the food service and lodging act, K.S.A.36-501 et seq., relating to the licensing, inspection, and regulation of food vending machines, food vending machine companies, and food vending machine dealers as those terms are defined in K.S.A. 36-501;
(c) all powers, duties, and functions under K.S.A. 65-688 through K.S.A. 65-689 relating to the licensing, inspection, and regulation of retail food stores and food processing plants; and
(d) all of those powers, duties, and functions under K.S.A. 65-619 through K.S.A. 65-687 that relate to the powers, duties, and functions transferred under paragraphs (a), (b), and (c) above.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 1; Oct. 1.
(b) Whenever the department of health and environment, the secretary of health and environment, the division of health, the director of the division of health, or the office of laboratory services or words of like effect, are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the department or secretary of agriculture pursuant to this order, such reference or designation shall be deemed to apply to the department of agriculture or the secretary of agriculture.
(c) All rules and regulations, orders, and directives of the secretary of health and environment which relate to the functions transferred by this order and which are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of agriculture until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 2; Oct. 1.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the department of agriculture under this order shall be assumed and paid by the department of agriculture.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 3; Oct. 1.
(b) The department of agriculture shall succeed to all property, property rights, and records which were used for or pertain to the performance of powers, duties, and functions transferred to the department of agriculture. Any conflict as to the proper disposition of property, personnel, or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 4; Oct. 1.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 5; Oct. 1.
(b) Officers and employees of the department of health and environment transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the department of health and environment prior to the date of transfer.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 6; Oct. 1.
History: L. 2004, ch. 147, § 1; July 1.
History: L. 2004, ch. 147, § 2; July 1.
History: L. 2004, ch. 147, § 3; July 1.
(b) The department of health and environment will immediately make available to the Kansas department of agriculture upon request any records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the department of health and environment related to those functions transferred to the secretary of agriculture.
History: L. 2004, ch. 147, § 4; July 1.
(b) There is hereby created the food safety fee fund. The Kansas department of agriculture shall remit all moneys received by or for it from fees, charges or penalties 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 food safety fee fund. All expenditures from the food safety fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or by a person or persons designated by the secretary.
History: L. 2004, ch. 147, § 5; July 1.
History: L. 2004, ch. 147, § 7; July 1.
(b) The secretary of agriculture may organize the division of food safety in the manner the secretary deems most efficient, so long as the same is not in conflict with the provisions of this act or with the provisions of law, and the secretary may establish policies governing the transaction of business of the division of food safety within the department.
History: L. 2004, ch. 147, § 8; July 1.
(b) On February 1, 2005, the Kansas department of agriculture shall report to the legislature the status of the baseline inspection program using 359 randomly selected retail food stores from subsection (a).
History: L. 2004, ch. 147, § 10; July 1.
History: L. 2004, ch. 147, § 11; July 1.
(b) Any person or entity who shall violate any of the provisions of this act and amendments thereto or the rules and regulations adopted, in an intentional and reckless manner shall be guilty of a class A, nonperson misdemeanor.
(c) Any food misbranded or adulterated or containing or suspected of containing any substance or substances injurious to public health or which is offered or exposed for sale in violation of any of the provisions of this act and amendments thereto shall be subject to seizure in place until such time that the final disposition of the food has been determined by sampling and analysis. Within 30 days of seizure in place, upon verification that the suspected food was misbranded, adulterated or contains a substance or substances that may be injurious to public health the secretary of agriculture shall issue an order establishing measures to prevent further contamination or the threat to public health. The opportunity for hearing pursuant to the Kansas administrative procedure act shall be provided upon issuance of the order. The secretary of agriculture may order the destruction of contaminated food if no alternative assures that further contamination of health hazards are averted, and may be imposed in addition to any other penalty established by law. The district courts of the state of Kansas shall have jurisdiction to restrain violations of this act by injunction.
History: L. 2004, ch. 147, § 12; July 1.
(a) To have access for the purpose of inspecting any premises, products or equipment subject to this act; or
(b) to inspect or sample food actually or reported to be adulterated or a threat to public health; or
(c) to inspect or investigate complaints of violations of this act; or
(d) to sample products.
Should the secretary of agriculture, the secretary's agent or the county or district attorney or their agents be denied access to any premises where such access was sought for the purposes authorized, the secretary of agriculture or the county or district attorney may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises for such purposes. The court may upon such application, issue the search warrant for the purposes requested.
The enforcement of the criminal provisions of this act shall be the duty of, and shall be implemented by, the county or district attorneys of the various counties or districts. In the event a county or district attorney refuses to act, the attorney general shall so act. The secretary of agriculture is charged with the duty of enforcing all other provisions of this act.
History: L. 2004, ch. 147, § 13; July 1.
(1) Been convicted of or pleaded guilty to a violation of this act or any rule and regulation promulgated thereunder;
(2) failed to comply with any provision or requirement of this act or any rule and regulation adopted thereunder;
(3) interfered with or prevented the secretary or any authorized representative of the secretary from the performance of that person's job duties regarding any inspection or the administration of the provisions of this act; or
(4) denied the secretary or any authorized representative of the secretary access to any premises required to be inspected under the provisions of this act.
(b) Before any license shall be suspended, modified, revoked or denied renewal, the secretary shall inform the applicant or licensee of the date and place of hearing upon such proposed revocation, denial or suspension.
(c) The licensee or applicant may appeal from the decision and order, in accordance with provisions of the act for judicial review and civil enforcement of agency actions.
History: L. 2004, ch. 147, § 14; July 1.
History: L. 2004, ch. 147, § 16; July 1.