16-1501.   Definitions; implied promise ofgood faith.(a) For the purposes of K.S.A. 16-1501 through 16-1506, and amendmentsthereto, the term "contractor" means any corporation, trust, limited liabilitycompany, or limited partnership orcorporate partnership other than a family farm corporation, authorized farmcorporation, limited liability agricultural company, limited agriculturalpartnership, family trust, authorized trust or testamentary trust, as definedin K.S.A. 17-5903 and amendments thereto, whichestablished a swine production facility in this state or which contracts with aproducer to grow or raise hogs in this state and in either case which in theordinary course of business buys hogs in this state.

      (b)   For the purposes of K.S.A. 16-1501 through 16-1506, and amendmentsthereto, the termproducer means anyindividual, family farm corporation, authorized farm corporation, limitedliability, agricultural company, limited agricultural partnership, familytrust, authorized trust or testamentary trust, as defined in K.S.A. 17-5903 andamendments thereto, which raises hogs in this state or provides the service ofraising hogs in this state and which is able to transfer title in such hogs toanother or who provides management, feed, labor, facilities, machinery or otherproduction input for raising hogs in this state.

      (c)   For the purposes of this section production input includes, but is notlimited to, management, labor, facilities, machinery or feed used in theraising of hogs in this state.

      (d)   If the contractor is the subsidiary of another corporation, partnership,or a member of another association or other business entity, the parentcorporation, partnership, association or other business entity is liable to aproducer for the amount of any unpaid claim or contract performance claim ifthe contractor fails to pay or perform according to the terms of the contract.

      (e)   There is an implied promise of good faith as defined inK.S.A. 2009 Supp.84-1-201(b)(20), and amendments thereto, by all partiesin all contractsbetween contractors and producers. In an actionto recover damages, if the court finds that there has been a violation of thisprovision, damages, court costs, and attorney fees may be recovered.

      (f)   Each contractor shall require in its contract that the producer complywith any applicable state and federal environmental laws and shall provide tothe producer, upon request, information regarding compliance with such laws.

      History:   L. 1994, ch. 130, § 8;L. 2007, ch. 89, § 25; July 1, 2008.