2-1011.Violations; civil and criminal penalties;
seizure proceedings.
(1) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to sell,
offer or expose for sale, or distribute in this state any commercial
feeding stuffs:
(A) Unless the manufacturer,
importer, jobber, firm,
association, corporation or person has been issued a license for each
manufacturing or distribution facility pursuant to K.S.A. 2-1014,
and amendments thereto;
(B) which is not labeled as required by law; (C) which bears
a false or misleading
statement on the label or the advertising accompanying the commercial
feeding stuffs; (D) which is adulterated or contains any substance or
substances which may render the commercial feeding stuffs injurious to
public health or the health of livestock, poultry and pets.
(2) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to: (A)
Mutilate, destroy, obliterate or remove the label or any part thereof,
or do any act which may result in the misbranding or false labeling of
such commercial feeding stuffs; (B) fail or neglect to file the tonnage
report and pay the inspection fee due thereon as required; (C) file a
false report of the tonnage of feeding stuffs sold for any period; (D)
impede, obstruct, hinder or otherwise prevent or attempt to prevent
the secretary or the secretary's authorized agents in the performance of
any
duty in connection with the enforcement of the provisions of article 10
of chapter 2 of the Kansas Statutes Annotated and amendments thereto.
(3) Any manufacturer, importer, jobber, firm, association, corporation or
person who shall violate any of the provisions of article 10 of chapter 2 of
the Kansas Statutes Annotated and amendments thereto or the rules and
regulations adopted, may incur a civil penalty in an amount not more than
$1,000
per violation, and in the case of a continuing violation every day such
violation continues may be deemed a separate violation. Such civil penalty may
be assessed in addition to any other penalty provided by law. Any civil penalty
assessed pursuant to this subsection is subject to review in accordance with
the act for judicial review and civil enforcement of agency actions.
(4) Any manufacturer, importer, jobber, firm, association,
corporation or person who shall violate any of the provisions of article
10 of chapter 2 of the Kansas Statutes Annotated and amendments thereto or the
rules and
regulations
adopted, in a willful or wanton manner shall be guilty of a class A,
nonperson misdemeanor.
(5) Any commercial feeding stuffs misbranded or adulterated
or
containing or suspected of containing any substance or substances
injurious to public health or the health of
livestock, poultry or pets or which is offered or exposed for sale in
violation of any of the provisions of article 10 of chapter 2 of the
Kansas Statutes Annotated and
amendments thereto shall be subject to seizure in place until such time that
the final disposition of the
affected feeding stuffs has been determined by sampling and analysis. Within 30
days of seizure in place, upon verification that the suspected feeding stuffs
are misbranded, adulterated or contain a substance or substances that may be
injurious to public health or the health of livestock, poultry or pets, the
secretary shall issue an order establishing measures to prevent further
contamination or the threat to public or animal health. The opportunity for
hearing pursuant to the Kansas administrative procedure act shall be provided
upon issuance of the order. The secretary may order the destruction of
contaminated feeding stuffs if no alternative assures that further
contamination or health hazards are averted, and may be imposed in addition to
any other penalty established by law. The
district courts of the state of Kansas shall have jurisdiction to
restrain violations of this act by injunction.
History: L. 1923, ch. 105, § 11; R.S. 1923, § 2-1011; L.
1945, ch. 2, § 3; L. 1971, ch. 2, § 2; L. 1979, ch. 4, § 3;
L. 1994, ch. 233, § 4;
L. 2001, ch. 59, § 2; July 1.
2-1011.Violations; civil and criminal penalties;
seizure proceedings.
(1) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to sell,
offer or expose for sale, or distribute in this state any commercial
feeding stuffs:
(A) Unless the manufacturer,
importer, jobber, firm,
association, corporation or person has been issued a license for each
manufacturing or distribution facility pursuant to K.S.A. 2-1014,
and amendments thereto;
(B) which is not labeled as required by law; (C) which bears
a false or misleading
statement on the label or the advertising accompanying the commercial
feeding stuffs; (D) which is adulterated or contains any substance or
substances which may render the commercial feeding stuffs injurious to
public health or the health of livestock, poultry and pets.
(2) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to: (A)
Mutilate, destroy, obliterate or remove the label or any part thereof,
or do any act which may result in the misbranding or false labeling of
such commercial feeding stuffs; (B) fail or neglect to file the tonnage
report and pay the inspection fee due thereon as required; (C) file a
false report of the tonnage of feeding stuffs sold for any period; (D)
impede, obstruct, hinder or otherwise prevent or attempt to prevent
the secretary or the secretary's authorized agents in the performance of
any
duty in connection with the enforcement of the provisions of article 10
of chapter 2 of the Kansas Statutes Annotated and amendments thereto.
(3) Any manufacturer, importer, jobber, firm, association, corporation or
person who shall violate any of the provisions of article 10 of chapter 2 of
the Kansas Statutes Annotated and amendments thereto or the rules and
regulations adopted, may incur a civil penalty in an amount not more than
$1,000
per violation, and in the case of a continuing violation every day such
violation continues may be deemed a separate violation. Such civil penalty may
be assessed in addition to any other penalty provided by law. Any civil penalty
assessed pursuant to this subsection is subject to review in accordance with
the act for judicial review and civil enforcement of agency actions.
(4) Any manufacturer, importer, jobber, firm, association,
corporation or person who shall violate any of the provisions of article
10 of chapter 2 of the Kansas Statutes Annotated and amendments thereto or the
rules and
regulations
adopted, in a willful or wanton manner shall be guilty of a class A,
nonperson misdemeanor.
(5) Any commercial feeding stuffs misbranded or adulterated
or
containing or suspected of containing any substance or substances
injurious to public health or the health of
livestock, poultry or pets or which is offered or exposed for sale in
violation of any of the provisions of article 10 of chapter 2 of the
Kansas Statutes Annotated and
amendments thereto shall be subject to seizure in place until such time that
the final disposition of the
affected feeding stuffs has been determined by sampling and analysis. Within 30
days of seizure in place, upon verification that the suspected feeding stuffs
are misbranded, adulterated or contain a substance or substances that may be
injurious to public health or the health of livestock, poultry or pets, the
secretary shall issue an order establishing measures to prevent further
contamination or the threat to public or animal health. The opportunity for
hearing pursuant to the Kansas administrative procedure act shall be provided
upon issuance of the order. The secretary may order the destruction of
contaminated feeding stuffs if no alternative assures that further
contamination or health hazards are averted, and may be imposed in addition to
any other penalty established by law. The
district courts of the state of Kansas shall have jurisdiction to
restrain violations of this act by injunction.
History: L. 1923, ch. 105, § 11; R.S. 1923, § 2-1011; L.
1945, ch. 2, § 3; L. 1971, ch. 2, § 2; L. 1979, ch. 4, § 3;
L. 1994, ch. 233, § 4;
L. 2001, ch. 59, § 2; July 1.
2-1011.Violations; civil and criminal penalties;
seizure proceedings.
(1) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to sell,
offer or expose for sale, or distribute in this state any commercial
feeding stuffs:
(A) Unless the manufacturer,
importer, jobber, firm,
association, corporation or person has been issued a license for each
manufacturing or distribution facility pursuant to K.S.A. 2-1014,
and amendments thereto;
(B) which is not labeled as required by law; (C) which bears
a false or misleading
statement on the label or the advertising accompanying the commercial
feeding stuffs; (D) which is adulterated or contains any substance or
substances which may render the commercial feeding stuffs injurious to
public health or the health of livestock, poultry and pets.
(2) It shall be deemed a violation of this act for any manufacturer,
importer, jobber, firm, association, corporation or person to: (A)
Mutilate, destroy, obliterate or remove the label or any part thereof,
or do any act which may result in the misbranding or false labeling of
such commercial feeding stuffs; (B) fail or neglect to file the tonnage
report and pay the inspection fee due thereon as required; (C) file a
false report of the tonnage of feeding stuffs sold for any period; (D)
impede, obstruct, hinder or otherwise prevent or attempt to prevent
the secretary or the secretary's authorized agents in the performance of
any
duty in connection with the enforcement of the provisions of article 10
of chapter 2 of the Kansas Statutes Annotated and amendments thereto.
(3) Any manufacturer, importer, jobber, firm, association, corporation or
person who shall violate any of the provisions of article 10 of chapter 2 of
the Kansas Statutes Annotated and amendments thereto or the rules and
regulations adopted, may incur a civil penalty in an amount not more than
$1,000
per violation, and in the case of a continuing violation every day such
violation continues may be deemed a separate violation. Such civil penalty may
be assessed in addition to any other penalty provided by law. Any civil penalty
assessed pursuant to this subsection is subject to review in accordance with
the act for judicial review and civil enforcement of agency actions.
(4) Any manufacturer, importer, jobber, firm, association,
corporation or person who shall violate any of the provisions of article
10 of chapter 2 of the Kansas Statutes Annotated and amendments thereto or the
rules and
regulations
adopted, in a willful or wanton manner shall be guilty of a class A,
nonperson misdemeanor.
(5) Any commercial feeding stuffs misbranded or adulterated
or
containing or suspected of containing any substance or substances
injurious to public health or the health of
livestock, poultry or pets or which is offered or exposed for sale in
violation of any of the provisions of article 10 of chapter 2 of the
Kansas Statutes Annotated and
amendments thereto shall be subject to seizure in place until such time that
the final disposition of the
affected feeding stuffs has been determined by sampling and analysis. Within 30
days of seizure in place, upon verification that the suspected feeding stuffs
are misbranded, adulterated or contain a substance or substances that may be
injurious to public health or the health of livestock, poultry or pets, the
secretary shall issue an order establishing measures to prevent further
contamination or the threat to public or animal health. The opportunity for
hearing pursuant to the Kansas administrative procedure act shall be provided
upon issuance of the order. The secretary may order the destruction of
contaminated feeding stuffs if no alternative assures that further
contamination or health hazards are averted, and may be imposed in addition to
any other penalty established by law. The
district courts of the state of Kansas shall have jurisdiction to
restrain violations of this act by injunction.
History: L. 1923, ch. 105, § 11; R.S. 1923, § 2-1011; L.
1945, ch. 2, § 3; L. 1971, ch. 2, § 2; L. 1979, ch. 4, § 3;
L. 1994, ch. 233, § 4;
L. 2001, ch. 59, § 2; July 1.