2-1421a.   Wholesaler and retailer businessregistration; seed conditionerregistration; fees; agricultural seed fee fund; disposition of moneys received;rules and regulations authority.(a) (1) Each wholesaler shall register with the secretary and shall pay aregistration fee not to exceed $300. The current wholesale registration fee ishereby set at $175 and shall remain at that amount until changed by rules andregulations of the secretary.

      (2)   Each retailer shall register with the secretary and shall pay aregistration fee not to exceed $30. The current retailer registration fee ishereby set at $10 and shall remain at that amount until changed by rules andregulations of the secretary.

      (3)   Registration shall be required for each place of business at whichagricultural seed is sold, offered or exposed for sale by the wholesaleror retailer.

      (4)   An individual who conducts a wholesaler and retailer business at thesame location shall be required to register as both a wholesaler and retailer.

      (b)   Application for registration shall be made on a form provided by thesecretary. Each registration for a wholesaler or retailer shall expire onAugust 31 following the date of issuance unless such registration isrenewed annually.

      (c)   Each seed conditioner shall register with the secretary. Such seedconditioner registration shall require no registration fee and shall be abiennial registration. Any seed conditioner who is ceasing to do business as aseed conditioner shall notify the Kansas department of agriculturewithin 30 days of ceasing to do business.

      (d)   As used in this section, "agricultural seed" shall include grainwhen sold as such, or when sold according to grain standards and the sellerknows, or has reason to know, that the grain is to be used for seeding orplanting purposes.

      (e)   The secretary shall remit all moneys received under this section to thestate treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury to the credit of theagricultural seed fee fund which is hereby created. All expenditures from suchfund shall be made in accordance with appropriation acts upon warrants of thedirector of accounts and reports issued pursuant to vouchers approved by thesecretary or a person or persons designated by the secretary.

      (f)   All moneys credited to the agricultural seed fee fund shallbe expended for any purpose consistent with the Kansas seed law.

      (g)   The secretary may adopt rules and regulations necessary to administer theprovisions of this act.

      (h)   This section shall be part of and supplemental to the Kansas seed law,K.S.A. 2-1415 et seq., and amendments thereto.

      History:   L. 1990, ch. 4, § 4;L. 1991, ch. 5, § 2;L. 1997, ch. 63, § 3;L. 2001, ch. 5, § 12;L. 2004, ch. 101, § 157; July 1.