2-2209.   Seizures.(a) Any agricultural chemical that 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 liable to be proceeded against in any court of competentjurisdiction in any county of the state where it may be found and seized forconfiscation by process of libel for condemnation if it: (1) Is adulterated ormisbranded; (2) has not been registered under the provisions of K.S.A. 2-2204,and amendments thereto; or(3) fails to bear on its label the information required by the agriculturalchemical act of 1947.

      (b)   If the article is condemned, after entry of decree, it shall be disposedof by destruction or sale as the court may direct and the proceeds, if sucharticle is sold, less legal costs, shall be paid to the state treasurer. Thearticle shall not be sold contrary to the provisions of the agriculturalchemical act of 1947. Upon payment of costs and upon the execution and deliveryto the clerk of such court, of a good and sufficient bond to be approved by thejudge, conditioned that the article shall not be disposed of unlawfully, thecourt may direct that such article be delivered to the owner thereof forrelabeling or reprocessing as the case may be.

      (c)   When a decree of condemnation is entered against the article, courtcosts and fees and storage and other proper expenses shall be awarded againstthe person, if any, intervening as claimant of the article.

      History:   L. 1947, ch. 10, § 9; L. 1992, ch. 314, § 1;L. 2009, ch. 128, § 8; July 1.