2-1206. Inspections; evidence; stop sale orders; judicial review.
2-1206
2-1206. Inspections; evidence; stop sale orders; judicial review.
(a) The secretary and
authorized representatives of
the secretary shall make such inspection of commercial fertilizers as may be
deemed necessary to ascertain whether manufacturers and others are
complying with all of the provisions of this act. The secretary or
authorized representatives of the secretary shall procure annually samples
of commercial fertilizer and cause analyses to be made. A certified
statement of the results of such analysis shall be prima facie evidence in
any action within the state of Kansas concerning such commercial
fertilizer.
(b) The secretary or a duly authorized representative of the secretary,
acting as the enforcing officer, may issue and enforce a written or printed
stop sale order to the owner or custodian of any quantity of any commercial
fertilizer which the secretary or duly authorized representative determines
is not registered, is not labeled as required, is misbranded or bears a
false or misleading statement on the application for registration, the label
or the accompanying advertising in violation of the provisions of the statutes
contained in article 12 of chapter 2 of the Kansas Statutes Annotated and
amendments thereto, or any rules and regulations adopted thereunder. The
stop sale order shall prohibit further sale and movement of such commercial
fertilizer, except on approval of the enforcing officer, until the enforcing
officer has evidence that the law and rules and regulations have been complied
with and issues a release from the stop sale order.
Any stop sale order issued
pursuant to this subsection is subject to review in
accordance with the act for judicial
review and civil enforcement of agency actions.
The provisions of this subsection shall not be
construed as limiting the right of the enforcement officer to proceed as
authorized by other provisions of the statutes contained in article 12 of
chapter 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.