2-1232. Secretary may issue a stop sale or stop use order; judicial review.
2-1232
2-1232. Secretary may issue a stop sale or stop use order; judicial
review.
(a) 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 or stop use order when there is reason to believe,
based on inspections or tests, that the facility or equipment for the
transporting, handling, distributing, dispensing, selling, storage or disposal
of commercial fertilizer or bulk fertilizer has been, is currently or intends
to be in violation of any provision of K.S.A. 2-1226 through 2-1231, and
amendments thereto, or the rules and regulations adopted thereunder.
(b) The stop sale order or stop use order shall prohibit further sale of
commercial fertilizer or bulk fertilizer or prohibit further use of such
facility 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 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 or stop use order.
(c) The stop sale order or stop use order may be issued to any person who
runs, controls, operates or has custody of any facility or equipment or may be
posted in a conspicuous place in, on or about the facility or equipment
affected by the order.
(d) Any order issued pursuant to this subsection is subject to review in
accordance with the act for judicial review and civil enforcement of agency
actions.
(e) The provisions of this subsection shall not be construed as limiting the
right of the enforcing 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. 1994, ch. 115, § 1; July 1.