2-1201b.   Custom blenders; unlawful acts; civilpenalty.(a) It shall be deemed a violation of K.S.A. 2-1201and 2-1201a, and amendments thereto, for any person to: (1) Sell ordistribute in this state any custom blended fertilizer when suchperson does not hold a valid license as required by this act; or(2) fail to comply with the requirements of K.S.A. 2-1201a, and amendmentsthereto, and, except as otherwiseprovided, the provisions of K.S.A. 2-1208, and amendments thereto.Failure to comply with the provisions ofsubsection (1)(a) of K.S.A. 2-1208, and amendments thereto, shall not be deemeda violation of this section. The penalties as provided inK.S.A. 2-1208, and amendments thereto shall apply to persons asdescribed in this section who fail to comply with the provisions of K.S.A.2-1208, and amendments thereto.

      (b)   On and after July 1, 2003, any person or custom blender who violatesany provision of article 12 of chapter 2 of Kansas Statutes Annotated, andamendments thereto or the rules and regulations adopted pursuant thereto, mayincur a civil penalty in an amount not more than $5,000 per violation. In thecase of a continuing violation, every day such violation continues may bedeemed a separate violation. Such civil penalty may be assessed in addition toany other penalty provided by law. Any civil penalty assessed pursuant to thissubsection is subject to review in accordance with the act for judicial reviewand civil enforcement of agency actions. The secretary shall remit any civilpenalty collected pursuant to this act to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amount inthe state treasury to the credit of the state general fund.

      History:   L. 1963, ch. 5, § 3;L. 2002, ch. 144, § 2; July 1.