16-1501. Definitions; implied promise of good faith.
16-1501
16-1501. Definitions; implied promise of
good faith.
(a) For the purposes of K.S.A. 16-1501 through 16-1506, and amendments
thereto, the term "contractor" means any corporation, trust, limited liability
company, or limited partnership or
corporate partnership other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, limited agricultural
partnership, family trust, authorized trust or testamentary trust, as defined
in K.S.A. 17-5903 and amendments thereto, which
established a swine production facility in this state or which contracts with a
producer to grow or raise hogs in this state and in either case which in the
ordinary course of business buys hogs in this state.
(b) For the purposes of K.S.A. 16-1501 through 16-1506, and amendments
thereto, the term
producer means any
individual, family farm corporation, authorized farm corporation, limited
liability, agricultural company, limited agricultural partnership, family
trust, authorized trust or testamentary trust, as defined in K.S.A. 17-5903 and
amendments thereto, which raises hogs in this state or provides the service of
raising hogs in this state and which is able to transfer title in such hogs to
another or who provides management, feed, labor, facilities, machinery or other
production input for raising hogs in this state.
(c) For the purposes of this section production input includes, but is not
limited to, management, labor, facilities, machinery or feed used in the
raising 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 parent
corporation, partnership, association or other business entity is liable to a
producer for the amount of any unpaid claim or contract performance claim if
the contractor fails to pay or perform according to the terms of the contract.
(e) There is an implied promise of good faith as defined in
K.S.A. 2009 Supp.
84-1-201(b)(20), and amendments thereto, by all parties
in all contracts
between contractors and producers. In an action
to recover damages, if the court finds that there has been a violation of this
provision, damages, court costs, and attorney fees may be recovered.
(f) Each contractor shall require in its contract that the producer comply
with any applicable state and federal environmental laws and shall provide to
the producer, upon request, information regarding compliance with such laws.
History: L. 1994, ch. 130, § 8;
L. 2007, ch. 89, § 25; July 1, 2008.