2-2206.   Examinations; prosecutions;stop sale orders;judicial review; inspections.(a) The examination of agricultural chemicals shall be made under thedirection of the secretary, or an authorized representative of thesecretary, for the purpose of determining whether they comply with therequirements of this act. If it appears from such examination that anagricultural chemical fails to comply with the provisions of this act andthe secretary, or an authorized representative of the secretary,contemplates instituting criminal proceedings against any person,the secretary or the authorized representative of the secretary shallcause notice to be given to such person. Any person so notified shallbe given an opportunity to present such person's views,either orally or inwriting, with regard to such contemplated proceedings. If thereafter inthe opinion of the secretary, or an authorized representative of thesecretary, it appears that the provisions of the act have beenviolated by such person, then the secretary or an authorized representativeof the secretary may refer the facts to the county attorney or districtattorney for the countyin which the violation occurred with a copy of the results ofthe analysis or the examination of such article. Nothing in this actshall be construed as requiring the secretary or the authorized representativeof the secretary toreport for prosecution or for the institutionof libel proceedings any minor violations of the act whenever thesecretary or the authorized representative of the secretarybelieves that the public interests will be best served by a suitable noticeof warning in writing.

      (b)   It shall be the duty of each county attorney or districtattorney to whom any suchviolation is reported to cause appropriate proceedings to be instituted andprosecuted in a court of competent jurisdiction without delay.

      (c)   The secretary, or an authorized representative of the secretary, isauthorized togive notice of all judgments entered in actions instituted under theauthority of this act by publication in such manner as the secretary mayprescribe.

      (d)   The secretary or a duly authorized representative of the secretary,acting as the enforcing officer, may issue and enforce a written or printedstop sale, use or removalorder to the owner or custodian of any quantity of an agriculturalchemical which the secretary or duly authorized representative determinesis adulterated or misbranded, is not registered as required under K.S.A.2-2204 and amendments thereto, fails to bear on its label the requiredinformation, has an altered ordefaced label or the pesticide product has pesticide or pesticide residue onthe container or packaging. The stop sale, use or removalorder shall prohibit further sale and movement of such agricultural chemical,except on approval of the enforcing officer, until the enforcing officerhas evidence that the law and rules and regulations have been complied withand issues a release from the stop sale, use or removalorder. Any stop sale, use or removal order issuedpursuant to this subsection is subject to review in accordance with the act forjudicial review and civilenforcement of agency actions. The provisions of thissubsection shall not be construed as limiting the right of the enforcementofficer to proceed as authorized by other provisions of the statutescontained in article 22 of chapter 2 of the Kansas Statutes Annotated andamendments thereto.

      (e)   The representative of the secretary may issue a stop sale, use orremoval order for any pesticide product held for distribution to any pesticidedealer who has failed to register as a pesticide dealer under the requirementsof K.S.A. 2-2469, and amendments thereto.

      (f)   During reasonable business hours, the secretary or secretary'srepresentative shall have the authority to enter any locations wherepesticides, pest control devices or pest control systems are being held forsale and distribution in order to conduct inspections, obtain samples and otherevidence, obtain copies of records and otherwise document compliance with theprovisions of this act.

      History:   L. 1947, ch. 10, § 6;L. 1985, ch. 9, § 3;L. 1986, ch. 318, § 13;L. 2009, ch. 128, § 6; July 1.