2-1008.   Samples for analysis; entry on premises,application; stopsale orders; judicial review.(a) The secretary and the duly authorized representatives thereof shall havefree access to all places of business, mills, buildings and vessels, ofwhatsoever kind, used in the manufacture, transportation, importation, sale orstorage of any commercial feeding stuffs and may open any parcel containing, orsupposed to contain, any commercial feeding stuffs and may take therefrom, inthe manner prescribed in K.S.A. 2-1009 and amendments thereto, samples foranalysis and shall pay the retail price of the sample or samples procured.Before entering the premises, the representatives of the Kansasdepartment of agriculture shall make application to party or parties in chargeof any manufacturer, importer, jobber, firm, association, corporation or personwho sells, offers, or exposes for sale or distributes in this state anycommercial feeding stuffs.

      (b)   The secretary or a duly authorized representative thereof, acting as theenforcing officer, may issue and enforce a written or printed stop sale orderto the owner or custodian of any quantity of commercial feeding stuffs whichthe secretary or the duly authorized representative of the secretary determinesto be misbranded or adulterated or contains or may contain any substanceinjurious to public health or the health of livestock, poultry or pets or whichare sold, offered or exposed for sale in violation of any of the statutescontained in article 10 of chapter 2 of the Kansas Statutes Annotated andamendments thereto or any rules and regulations adopted thereunder. The stopsale order shall prohibit further sale and movement of such commercial feedingstuffs, except on approval of the enforcing officer, until the enforcingofficer has evidence that the law and rules and regulations have been compliedwith and issues a release from the stop sale order. Any stop sale order issuedpursuant to this subsection is subject to review in accordance with the act forjudicial review and civil enforcement of agency actions. The provisions of thissubsection shall not be construed as limiting the right of the enforcementofficer to proceed as authorized by other provisions of the statutes containedin article 10 of chapter 2 of the Kansas Statutes Annotated and amendmentsthereto.

      History:   L. 1923, ch. 105, § 8; R.S. 1923, § 2-1008;L. 1985, ch. 9, § 1;L. 1986, ch. 318, § 10;L. 1994, ch. 233, § 3;L. 2001, ch. 59, § 1;L. 2004, ch. 101, § 155; July 1.