2-2204. Registration; renewal; chemicals subject to federal registration may be exempted; fees and charges; reduction; cancellation of registration upon notice.
2-2204
2-2204. Registration; renewal; chemicals subject to
federal registration may be exempted; fees and charges; reduction; cancellation
of registration upon notice.
(a) Every agricultural chemical which is distributed, sold or offered for sale
within this state or delivered for transportation or transported in intrastate
commerce or between points within this state through any point outside this
state shall be registered by the secretary.
The secretary shall have the authority to classify or designate as
restricted-use any pesticide registered for sale, use or distribution in the
state of Kansas, according to rules and regulations promulgated by the
secretary.
The secretary may adopt rules and regulations to allow products to be
registered for a period not to exceed three years.
All registration of
products shall expire on December 31
of the year the registration is set to expire, unless
such registration shall be renewed, in which event expiration date
shall be extended for each year of renewal registration, or until otherwise
terminated. Products which have the same formula, and are manufactured by the
same person, the labeling of which contains the same claims, and the labels of
which bear a designation identifying the product as the same agricultural
chemical may be registered as a single product and additional names and labels
shall be added by supplement statements during the current period of
registration. Within the discretion of the secretary, or an authorized
representative of the secretary, a change in the labeling or formulas of an
agricultural chemical may be made within the current period of registration
without requiring a reregistration of the product. Any agricultural chemical
imported into this state which is subject to the provisions of any federal act
providing for the registration and which has been duly registered under the
provisions of such federal act, in the discretion of the secretary, may be
exempted from registration under this act when such agricultural chemical is
sold or distributed in the unbroken immediate container in which such
agricultural 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 person
whose name will appear on the label if other than the registrant; (2) the name
of the agricultural chemical; (3) a complete copy of the labeling accompanying
the agricultural chemical and a statement of all claims made and to be made for
it and a statement of directions for use; and (4) if requested by the
secretary, or an authorized representative of the secretary, a full description
of 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 the
product label registered by the EPA under the provisions of FIFRA.
(d) Any time the registrant modifies the label, the modified label shall be
submitted to the secretary for review and approval prior to implementing the
new label in Kansas.
(e) On the date of registration, the registrant shall pay a
fee fixed by rules and regulations
adopted by the secretary of agriculture. Such
fee shall equal an amount per registered agricultural chemical, not to exceed
$150 per year.
Such fee shall be deposited in the state treasury and
credited as follows: (1) An amount equal to $100 for each year of
registration shall be credited to the state water plan fund
created by K.S.A. 82a-951, and amendments thereto; and (2) the remainder shall
be credited to the agricultural chemical fee fund to be used for carrying out
the provisions of this act. The annual fee for each agricultural chemical
registered which is in effect on the day preceding the effective date of this
act shall continue in effect until the secretary of agriculture adopts rules
and regulations fixing a different fee therefor under this subsection. The
secretary of agriculture is hereby authorized and empowered, whenever it
determines that the fee imposed by this subsection and paid into the state
treasury as provided by law is yielding more revenue than is required for the
purposes to which such fee is devoted by law, to reduce the fee imposed by this
subsection for such period as the secretary shall deem justified by adopting
rules and regulations under this subsection but not for less than one year. In
the event that the secretary, after reducing such fee, finds that sufficient
revenues are not being produced by such reduced fee, the secretary is
authorized and empowered by adopting rules and regulations under this
subsection, to restore in full or in part such fee to an amount which, in the
judgment of the secretary, will produce sufficient revenues for the purposes as
provided in this section, but not exceeding the maximum amount of the fee
imposed by this subsection.
(f) The secretary, or an authorized representative of the
secretary, whenever it is deemed essential in the administration of this act,
may require the submission of the complete formula or any other
data in support of the registration for any
pesticide.
The complete formula and any other trade secrets submitted to support the
registration application shall be considered as confidential.
If it appears to the secretary, or an authorized representative of the
secretary, that the composition of the product is such as to warrant the
proposed claims for the product and if the product and its labeling and other
material 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 an
authorized representative of the secretary, that the product is such as to
warrant the proposed claims for it or if the product and its labeling and
other material required to be submitted do not comply with the provisions of
this act, the secretary shall notify the registrant of the manner in which the
product, labeling, or other material required to be submitted fail to comply
with the act
and rules and regulations adopted pursuant thereto
so as to afford the registrant an opportunity to make the
necessary corrections.
If, upon receipt of such notice, the registrant does not make the required
changes within 30 days, the secretary may deny registration of the product. In
addition, the secretary may deny registration of a product if the application
for registration fails to comply with this act or any rule or regulation
adopted pursuant thereto. If the secretary denies a registration, the
registrant may request a hearing in accordance with the provisions of the
Kansas administrative procedure act.
(h) Any pesticide registration canceled or suspended under the provisions of
FIFRA shall be considered to be canceled or suspended under provisions of the
agricultural chemical act of 1947, unless such cancellation is due to the
nonpayment of registration fees required under FIFRA.
(i) If the secretary determines that a registered product fails to meet the
claims made on its label, the secretary may suspend or revoke the product
registration after a hearing in accordance with the provisions of the Kansas
administrative procedure act. In addition, if the secretary determines that a
registered product or its labeling fails to comply with this act, or a rule or
regulation adopted pursuant to this act,
the secretary may suspend or revoke the product
registration after a hearing in accordance with the provisions of the Kansas
administrative procedure act.
(j) In order to protect the public, the secretary, or a
duly authorized representative of the secretary, on the secretary's own
motion, may at any time, after written notice to the registrant,
suspend or revoke the registration of an agricultural chemical. Any
person so notified shall be given an opportunity for a hearing in accordance
with the provisions of the Kansas administrative procedure act with regard to
the secretary's contemplated action, before any registration is
suspended or revoked.
(k) Notwithstanding any other provisions of this act,
registration is not required in the case of an agricultural chemical shipped
from one plant within this state to another plant within this state operated
by the same person.
(l) Any information required to be filed pursuant to this section, may be
filed electronically pursuant to rules and regulations promulgated by the
secretary.
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.