2-2206. Examinations; prosecutions; stop sale orders; judicial review; inspections.
2-2206
2-2206. Examinations; prosecutions;
stop sale orders;
judicial review; inspections.
(a) The examination of agricultural chemicals shall be made under the
direction of the secretary, or an authorized representative of the
secretary, for the purpose of determining whether they comply with the
requirements of this act. If it appears from such examination that an
agricultural chemical fails to comply with the provisions of this act and
the secretary, or an authorized representative of the secretary,
contemplates instituting criminal proceedings against any person,
the secretary or the authorized representative of the secretary shall
cause notice to be given to such person. Any person so notified shall
be given an opportunity to present such person's views,
either orally or in
writing, with regard to such contemplated proceedings. If thereafter in
the opinion of the secretary, or an authorized representative of the
secretary, it appears that the provisions of the act have been
violated by such person, then the secretary or an authorized representative
of the secretary may refer the facts to the county attorney or district
attorney for the county
in which the violation occurred with a copy of the results of
the analysis or the examination of such article. Nothing in this act
shall be construed as requiring the secretary or the authorized representative
of the secretary to
report for prosecution or for the institution
of libel proceedings any minor violations of the act whenever the
secretary or the authorized representative of the secretary
believes that the public interests will be best served by a suitable notice
of warning in writing.
(b) It shall be the duty of each county attorney or district
attorney to whom any such
violation is reported to cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay.
(c) The secretary, or an authorized representative of the secretary, is
authorized to
give notice of all judgments entered in actions instituted under the
authority of this act by publication in such manner as the secretary may
prescribe.
(d) 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, use or removal
order to the owner or custodian of any quantity of an agricultural
chemical which the secretary or duly authorized representative determines
is adulterated or misbranded, is not registered as required under K.S.A.
2-2204 and amendments thereto, fails to bear on its label the required
information, has an altered or
defaced label or the pesticide product has pesticide or pesticide residue on
the container or packaging. The stop sale, use or removal
order shall prohibit further sale and movement of such agricultural chemical,
except 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, use or removal
order. Any stop sale, use or removal order issued
pursuant to this subsection is subject to review in accordance with the act for
judicial review and civil
enforcement of agency actions. The provisions of this
subsection shall not be construed as limiting the right of the enforcement
officer to proceed as authorized by other provisions of the statutes
contained in article 22 of chapter 2 of the Kansas Statutes Annotated and
amendments thereto.
(e) The representative of the secretary may issue a stop sale, use or
removal order for any pesticide product held for distribution to any pesticide
dealer who has failed to register as a pesticide dealer under the requirements
of K.S.A. 2-2469, and amendments thereto.
(f) During reasonable business hours, the secretary or secretary's
representative shall have the authority to enter any locations where
pesticides, pest control devices or pest control systems are being held for
sale and distribution in order to conduct inspections, obtain samples and other
evidence, obtain copies of records and otherwise document compliance with the
provisions 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.