2-1011.   Violations; civil and criminal penalties;seizure proceedings.(1) It shall be deemed a violation of this act for any manufacturer,importer, jobber, firm, association, corporation or person to sell,offer or expose for sale, or distribute in this state any commercialfeeding stuffs:

      (A)   Unless the manufacturer,importer, jobber, firm,association, corporation or person has been issued a license for eachmanufacturing or distribution facility pursuant to K.S.A. 2-1014,and amendments thereto;(B) which is not labeled as required by law; (C) which bearsa false or misleadingstatement on the label or the advertising accompanying the commercialfeeding stuffs; (D) which is adulterated or contains any substance orsubstances which may render the commercial feeding stuffs injurious topublic health or the health of livestock, poultry and pets.

      (2)   It shall be deemed a violation of this act for any manufacturer,importer, jobber, firm, association, corporation or person to: (A)Mutilate, destroy, obliterate or remove the label or any part thereof,or do any act which may result in the misbranding or false labeling ofsuch commercial feeding stuffs; (B) fail or neglect to file the tonnagereport and pay the inspection fee due thereon as required; (C) file afalse report of the tonnage of feeding stuffs sold for any period; (D)impede, obstruct, hinder or otherwise prevent or attempt to preventthe secretary or the secretary's authorized agents in the performance ofanyduty in connection with the enforcement of the provisions of article 10of chapter 2 of the Kansas Statutes Annotated and amendments thereto.

      (3)   Any manufacturer, importer, jobber, firm, association, corporation orperson who shall violate any of the provisions of article 10 of chapter 2 ofthe Kansas Statutes Annotated and amendments thereto or the rules andregulations adopted, may incur a civil penalty in an amount not more than$1,000per violation, and in the case of a continuing violation every day suchviolation continues may be deemed a separate violation. Such civil penalty maybe assessed in addition to any other penalty provided by law. Any civil penaltyassessed pursuant to this subsection is subject to review in accordance withthe act for judicial review and civil enforcement of agency actions.

      (4)   Any manufacturer, importer, jobber, firm, association,corporation or person who shall violate any of the provisions of article10 of chapter 2 of the Kansas Statutes Annotated and amendments thereto or therules andregulationsadopted, in a willful or wanton manner shall be guilty of a class A,nonperson misdemeanor.

      (5)   Any commercial feeding stuffs misbranded or adulteratedorcontaining or suspected of containing any substance or substancesinjurious to public health or the health oflivestock, poultry or pets or which is offered or exposed for sale inviolation of any of the provisions of article 10 of chapter 2 of theKansas Statutes Annotated andamendments thereto shall be subject to seizure in place until such time thatthe final disposition of theaffected feeding stuffs has been determined by sampling and analysis. Within 30days of seizure in place, upon verification that the suspected feeding stuffsare misbranded, adulterated or contain a substance or substances that may beinjurious to public health or the health of livestock, poultry or pets, thesecretary shall issue an order establishing measures to prevent furthercontamination or the threat to public or animal health. The opportunity forhearing pursuant to the Kansas administrative procedure act shall be providedupon issuance of the order. The secretary may order the destruction ofcontaminated feeding stuffs if no alternative assures that furthercontamination or health hazards are averted, and may be imposed in addition toany other penalty established by law. Thedistrict courts of the state of Kansas shall have jurisdiction torestrain violations of this act by injunction.

      History:   L. 1923, ch. 105, § 11; R.S. 1923, § 2-1011; L.1945, ch. 2, § 3; L. 1971, ch. 2, § 2; L. 1979, ch. 4, § 3;L. 1994, ch. 233, § 4;L. 2001, ch. 59, § 2; July 1.