2-1206.   Inspections; evidence; stop sale orders; judicial review.(a) The secretary andauthorized representatives ofthe secretary shall make such inspection of commercial fertilizers as may bedeemed necessary to ascertain whether manufacturers and others arecomplying with all of the provisions of this act. The secretary orauthorized representatives of the secretary shall procure annually samplesof commercial fertilizer and cause analyses to be made. A certifiedstatement of the results of such analysis shall be prima facie evidence inany action within the state of Kansas concerning such commercialfertilizer.

      (b)   The secretary or a duly authorized representative of the secretary,acting as the enforcing officer, may issue and enforce a written or printedstop sale order to the owner or custodian of any quantity of any commercialfertilizer which the secretary or duly authorized representative determinesis not registered, is not labeled as required, is misbranded or bears afalse or misleading statement on the application for registration, the labelor the accompanying advertising in violation of the provisions of the statutescontained in article 12 of chapter 2 of the Kansas Statutes Annotated andamendments thereto, or any rules and regulations adopted thereunder. Thestop sale order shall prohibit further sale and movement of such commercialfertilizer, 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 inaccordance with the act for judicialreview and civil enforcement of agency actions.The provisions of this subsection shall not beconstrued as limiting the right of the enforcement officer to proceed asauthorized by other provisions of the statutes contained in article 12 ofchapter 2 of the Kansas Statutes Annotated and amendments thereto.

      History:   L. 1927, ch. 14, § 5; L. 1949, ch. 2, § 5;L. 1985, ch. 9, § 2;L. 1986, ch. 318, § 11; July 1.