2-1232.   Secretary may issue a stop sale or stop use order; judicialreview.(a) The secretary or a duly authorized representative ofthe secretary, acting as the enforcing officer, may issue and enforce a writtenor printed stop sale order or stop use order when there is reason to believe,based on inspections or tests, that the facility or equipment for thetransporting, handling, distributing, dispensing, selling, storage or disposalof commercial fertilizer or bulk fertilizer has been, is currently or intendsto be in violation of any provision of K.S.A. 2-1226 through 2-1231, andamendments thereto, or the rules and regulations adopted thereunder.

      (b)   The stop sale order or stop use order shall prohibit further sale ofcommercial fertilizer or bulk fertilizer or prohibit further use of suchfacility or equipment for the transporting, handling, distributing, dispensing,selling, storage or disposal of commercial fertilizer or bulk fertilizer,except in accordance with the provisions of the order or on approval of theenforcing officer, until the enforcing officer has evidence that the law andrules and regulations have been complied with and issues a release from thestop sale order or stop use order.

      (c)   The stop sale order or stop use order may be issued to any person whoruns, controls, operates or has custody of any facility or equipment or may beposted in a conspicuous place in, on or about the facility or equipmentaffected by the order.

      (d)   Any order issued pursuant to this subsection is subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.

      (e)   The provisions of this subsection shall not be construed as limiting theright of the enforcing officer to proceed as authorized by other provisions ofthe statutes contained in article 12 of chapter 2 of the Kansas StatutesAnnotated and amendments thereto.

      History:   L. 1994, ch. 115, § 1; July 1.