2-2204.   Registration; renewal; chemicals subject tofederal registration may be exempted; fees and charges; reduction; cancellationof registration upon notice.(a) Every agricultural chemical which is distributed, sold or offered for salewithin this state or delivered for transportation or transported in intrastatecommerce or between points within this state through any point outside thisstate shall be registered by the secretary.The secretary shall have the authority to classify or designate asrestricted-use any pesticide registered for sale, use or distribution in thestate of Kansas, according to rules and regulations promulgated by thesecretary.The secretary may adopt rules and regulations to allow products to beregistered for a period not to exceed three years.All registration ofproducts shall expire on December 31of the year the registration is set to expire, unlesssuch registration shall be renewed, in which event expiration dateshall be extended for each year of renewal registration, or until otherwiseterminated. Products which have the same formula, and are manufactured by thesame person, the labeling of which contains the same claims, and the labels ofwhich bear a designation identifying the product as the same agriculturalchemical may be registered as a single product and additional names and labelsshall be added by supplement statements during the current period ofregistration. Within the discretion of the secretary, or an authorizedrepresentative of the secretary, a change in the labeling or formulas of anagricultural chemical may be made within the current period of registrationwithout requiring a reregistration of the product. Any agricultural chemicalimported into this state which is subject to the provisions of any federal actproviding for the registration and which has been duly registered under theprovisions of such federal act, in the discretion of the secretary, may beexempted from registration under this act when such agricultural chemical issold or distributed in the unbroken immediate container in which suchagricultural chemical was originally shipped.

      (b)   The registrant shall file with the secretary, a statement including: (1)The name and address of the registrant and the name and address of the personwhose name will appear on the label if other than the registrant; (2) the nameof the agricultural chemical; (3) a complete copy of the labeling accompanyingthe agricultural chemical and a statement of all claims made and to be made forit and a statement of directions for use; and (4) if requested by thesecretary, or an authorized representative of the secretary, a full descriptionof the tests made and the results thereof upon which the claims are based.

      (c)   The secretary may require the registrant to submit a copy of theproduct label registered by the EPA under the provisions of FIFRA.

      (d)   Any time the registrant modifies the label, the modified label shall besubmitted to the secretary for review and approval prior to implementing thenew label in Kansas.

      (e)   On the date of registration, the registrant shall pay afee fixed by rules and regulationsadopted by the secretary of agriculture. Suchfee shall equal an amount per registered agricultural chemical, not to exceed$150 per year.Such fee shall be deposited in the state treasury andcredited as follows: (1) An amount equal to $100 for each year ofregistration shall be credited to the state water plan fundcreated by K.S.A. 82a-951, and amendments thereto; and (2) the remainder shallbe credited to the agricultural chemical fee fund to be used for carrying outthe provisions of this act. The annual fee for each agricultural chemicalregistered which is in effect on the day preceding the effective date of thisact shall continue in effect until the secretary of agriculture adopts rulesand regulations fixing a different fee therefor under this subsection. Thesecretary of agriculture is hereby authorized and empowered, whenever itdetermines that the fee imposed by this subsection and paid into the statetreasury as provided by law is yielding more revenue than is required for thepurposes to which such fee is devoted by law, to reduce the fee imposed by thissubsection for such period as the secretary shall deem justified by adoptingrules and regulations under this subsection but not for less than one year. Inthe event that the secretary, after reducing such fee, finds that sufficientrevenues are not being produced by such reduced fee, the secretary isauthorized and empowered by adopting rules and regulations under thissubsection, to restore in full or in part such fee to an amount which, in thejudgment of the secretary, will produce sufficient revenues for the purposes asprovided in this section, but not exceeding the maximum amount of the feeimposed by this subsection.

      (f)   The secretary, or an authorized representative of thesecretary, whenever it is deemed essential in the administration of this act,may require the submission of the complete formula or any otherdata in support of the registration for anypesticide.The complete formula and any other trade secrets submitted to support theregistration application shall be considered as confidential.If it appears to the secretary, or an authorized representative of thesecretary, that the composition of the product is such as to warrant theproposed claims for the product and if the product and its labeling and othermaterial required to be submitted comply with the requirements of this act,the secretary shall register the product.

      (g)   If it does not appear to the secretary, or anauthorized representative of the secretary, that the product is such as towarrant the proposed claims for it or if the product and its labeling andother material required to be submitted do not comply with the provisions ofthis act, the secretary shall notify the registrant of the manner in which theproduct, labeling, or other material required to be submitted fail to complywith the actand rules and regulations adopted pursuant theretoso as to afford the registrant an opportunity to make thenecessary corrections.If, upon receipt of such notice, the registrant does not make the requiredchanges within 30 days, the secretary may deny registration of the product. Inaddition, the secretary may deny registration of a product if the applicationfor registration fails to comply with this act or any rule or regulationadopted pursuant thereto. If the secretary denies a registration, theregistrant may request a hearing in accordance with the provisions of theKansas administrative procedure act.

      (h)   Any pesticide registration canceled or suspended under the provisions ofFIFRA shall be considered to be canceled or suspended under provisions of theagricultural chemical act of 1947, unless such cancellation is due to thenonpayment of registration fees required under FIFRA.

      (i)   If the secretary determines that a registered product fails to meet theclaims made on its label, the secretary may suspend or revoke the productregistration after a hearing in accordance with the provisions of the Kansasadministrative procedure act. In addition, if the secretary determines that aregistered product or its labeling fails to comply with this act, or a rule orregulation adopted pursuant to this act,the secretary may suspend or revoke the productregistration after a hearing in accordance with the provisions of the Kansasadministrative procedure act.

      (j)   In order to protect the public, the secretary, or aduly authorized representative of the secretary, on the secretary's ownmotion, may at any time, after written notice to the registrant,suspend or revoke the registration of an agricultural chemical. Anyperson so notified shall be given an opportunity for a hearing in accordancewith the provisions of the Kansas administrative procedure act with regard tothe secretary's contemplated action, before any registration issuspended or revoked.

      (k)   Notwithstanding any other provisions of this act,registration is not required in the case of an agricultural chemical shippedfrom one plant within this state to another plant within this state operatedby the same person.

      (l)   Any information required to be filed pursuant to this section, may befiled electronically pursuant to rules and regulations promulgated by thesecretary.

      History:   L. 1947, ch. 10, § 4;L. 1951, ch. 13, § 1;L. 1982, ch. 4, § 7;L. 1987, ch. 12, § 8;L. 1988, ch. 356, § 31;L. 1989, ch. 186, § 28;L. 2002, ch. 181, § 2;L. 2004, ch. 85, § 2;L. 2008, ch. 93, § 2;L. 2009, ch. 128, § 4; July 1.