2-2507.   Inspection fee; stamps;quarterly payment; reports and records; disposition of moneys received; egg feefund.(a) For the purpose of financing the administration and enforcement of thisact, there is hereby levied an inspection fee on all graded eggs sold,offered or exposed for sale or distributed to food purveyors orretailers at the rate of 3.5 mills for each dozen eggs.Such fee shall be paid by the lasthandler. The inspection fee shall be paid only once on the same quantity ofeggs so long as such eggs remain in the eggs' original container.

      (b)   The secretary shall provide inspection fee stamps for sale to personsrequesting such stamps. The price of such inspection fee stamps shall includethe printing andmailing costs thereof. Such inspection fee stamps shall also serve as a labelindicating size and quality in boldface type letters not less than 3/8 inch inheight.

      (c)   Persons desiring to report and pay the inspection fee quarterly, in lieuof using such inspection fee stamps, may make application to the secretary fora permit to pay the inspection fee quarterly, except that in no event shall theinspection fee for any quarter be lessthan $15. The secretary may grant the permit if the applicant agrees to keepsuch records and make such report as may be necessary to indicate accuratelythe quantity of eggssold on which the inspection fee is due, and if the applicant agrees to grantthe secretary permission to verify the statement of quantity of eggs sold. Thereport shall be filed in the office of the secretary, and shall be due andpayable on the first day of October, January, April and July for the previousthree months. If the report is not filed and the inspection fee is not paidwithin 30days after the due date, or if the report of quantity is false, the secretarymay revoke the permit. In addition to the inspection fee there may be assessedagainst the permit holder a penalty of $5 per day for each day the inspectionfee remains unpaid after the 30-day period has expired. Such records ofquantity sold shallbe held for a period of three years.

      (d)   If the department finds that the fees specified in this section areproviding more funds than necessary for the administration of this act, thedepartment may reduce the above-mentioned fee pursuant to rules and regulationsadopted by the secretary. The secretary may increase such fee when necessary,pursuant to rules and regulations adopted by the secretary, except that suchfee shall not exceed the rate specified in subsection (a). The secretary shallremit all moneys received by or for the secretary under article 25 of chapter 2of Kansas Statutes Annotated, and amendments thereto, to the state treasurer inaccordance with the provision of K.S.A. 75-4215, and amendments thereto. Uponreceipt of each such remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit of the egg fee fund. Allexpenditures from such fund shall be made in accordance with appropriation actsupon warrants of the director of accounts and reports issued pursuant tovouchers approved by the secretary of agriculture or by a person or personsdesignated by the secretary.

      History:   L. 1955, ch. 9, § 7;L. 1971, ch. 7, § 2;L. 1973, ch. 2, § 10;L. 1979, ch. 10, § 1;L. 2000, ch. 57, § 7;L. 2001, ch. 5, § 19;L. 2006, ch. 90, § 5; July 1.