2-1008.Samples for analysis; entry on premises,
application; stop
sale orders; judicial review.
(a) The secretary and the duly authorized representatives thereof shall have
free access to all places of business, mills, buildings and vessels, of
whatsoever kind, used in the manufacture, transportation, importation, sale or
storage of any commercial feeding stuffs and may open any parcel containing, or
supposed to contain, any commercial feeding stuffs and may take therefrom, in
the manner prescribed in K.S.A. 2-1009 and amendments thereto, samples for
analysis and shall pay the retail price of the sample or samples procured.
Before entering the premises, the representatives of the Kansas
department of agriculture shall make application to party or parties in charge
of any manufacturer, importer, jobber, firm, association, corporation or person
who sells, offers, or exposes for sale or distributes in this state any
commercial feeding stuffs.
(b) The secretary or a duly authorized representative thereof, acting as the
enforcing officer, may issue and enforce a written or printed stop sale order
to the owner or custodian of any quantity of commercial feeding stuffs which
the secretary or the duly authorized representative of the secretary determines
to be misbranded or adulterated or contains or may contain any substance
injurious to public health or the health of livestock, poultry or pets or which
are sold, offered or exposed for sale in violation of any of the statutes
contained in article 10 of chapter 2 of the Kansas Statutes Annotated and
amendments thereto or any rules and regulations adopted thereunder. The stop
sale order shall prohibit further sale and movement of such commercial feeding
stuffs, 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 order. Any stop sale 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 10 of chapter 2 of the Kansas Statutes Annotated and amendments
thereto.
History: L. 1923, ch. 105, § 8; R.S. 1923, § 2-1008;
L. 1985, ch. 9, § 1;
L. 1986, ch. 318, § 10;
L. 1994, ch. 233, § 3;
L. 2001, ch. 59, § 1;
L. 2004, ch. 101, § 155; July 1.
2-1008.Samples for analysis; entry on premises,
application; stop
sale orders; judicial review.
(a) The secretary and the duly authorized representatives thereof shall have
free access to all places of business, mills, buildings and vessels, of
whatsoever kind, used in the manufacture, transportation, importation, sale or
storage of any commercial feeding stuffs and may open any parcel containing, or
supposed to contain, any commercial feeding stuffs and may take therefrom, in
the manner prescribed in K.S.A. 2-1009 and amendments thereto, samples for
analysis and shall pay the retail price of the sample or samples procured.
Before entering the premises, the representatives of the Kansas
department of agriculture shall make application to party or parties in charge
of any manufacturer, importer, jobber, firm, association, corporation or person
who sells, offers, or exposes for sale or distributes in this state any
commercial feeding stuffs.
(b) The secretary or a duly authorized representative thereof, acting as the
enforcing officer, may issue and enforce a written or printed stop sale order
to the owner or custodian of any quantity of commercial feeding stuffs which
the secretary or the duly authorized representative of the secretary determines
to be misbranded or adulterated or contains or may contain any substance
injurious to public health or the health of livestock, poultry or pets or which
are sold, offered or exposed for sale in violation of any of the statutes
contained in article 10 of chapter 2 of the Kansas Statutes Annotated and
amendments thereto or any rules and regulations adopted thereunder. The stop
sale order shall prohibit further sale and movement of such commercial feeding
stuffs, 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 order. Any stop sale 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 10 of chapter 2 of the Kansas Statutes Annotated and amendments
thereto.
History: L. 1923, ch. 105, § 8; R.S. 1923, § 2-1008;
L. 1985, ch. 9, § 1;
L. 1986, ch. 318, § 10;
L. 1994, ch. 233, § 3;
L. 2001, ch. 59, § 1;
L. 2004, ch. 101, § 155; July 1.
2-1008.Samples for analysis; entry on premises,
application; stop
sale orders; judicial review.
(a) The secretary and the duly authorized representatives thereof shall have
free access to all places of business, mills, buildings and vessels, of
whatsoever kind, used in the manufacture, transportation, importation, sale or
storage of any commercial feeding stuffs and may open any parcel containing, or
supposed to contain, any commercial feeding stuffs and may take therefrom, in
the manner prescribed in K.S.A. 2-1009 and amendments thereto, samples for
analysis and shall pay the retail price of the sample or samples procured.
Before entering the premises, the representatives of the Kansas
department of agriculture shall make application to party or parties in charge
of any manufacturer, importer, jobber, firm, association, corporation or person
who sells, offers, or exposes for sale or distributes in this state any
commercial feeding stuffs.
(b) The secretary or a duly authorized representative thereof, acting as the
enforcing officer, may issue and enforce a written or printed stop sale order
to the owner or custodian of any quantity of commercial feeding stuffs which
the secretary or the duly authorized representative of the secretary determines
to be misbranded or adulterated or contains or may contain any substance
injurious to public health or the health of livestock, poultry or pets or which
are sold, offered or exposed for sale in violation of any of the statutes
contained in article 10 of chapter 2 of the Kansas Statutes Annotated and
amendments thereto or any rules and regulations adopted thereunder. The stop
sale order shall prohibit further sale and movement of such commercial feeding
stuffs, 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 order. Any stop sale 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 10 of chapter 2 of the Kansas Statutes Annotated and amendments
thereto.
History: L. 1923, ch. 105, § 8; R.S. 1923, § 2-1008;
L. 1985, ch. 9, § 1;
L. 1986, ch. 318, § 10;
L. 1994, ch. 233, § 3;
L. 2001, ch. 59, § 1;
L. 2004, ch. 101, § 155; July 1.