2-1201b.Custom blenders; unlawful acts; civil
penalty.
(a) It shall be deemed a violation of K.S.A. 2-1201
and 2-1201a, and amendments thereto, for any person to: (1) Sell or
distribute in this state any custom blended fertilizer when such
person does not hold a valid license as required by this act; or
(2) fail to comply with the requirements of K.S.A. 2-1201a, and amendments
thereto, and, except as otherwise
provided, the provisions of K.S.A. 2-1208, and amendments thereto.
Failure to comply with the provisions of
subsection (1)(a) of K.S.A. 2-1208, and amendments thereto, shall not be deemed
a violation of this section. The penalties as provided in
K.S.A. 2-1208, and amendments thereto shall apply to persons as
described in this section who fail to comply with the provisions of K.S.A.
2-1208, and amendments thereto.
(b) On and after July 1, 2003, any person or custom blender who violates
any provision of article 12 of chapter 2 of Kansas Statutes Annotated, and
amendments thereto or the rules and regulations adopted pursuant thereto, may
incur a civil penalty in an amount not more than $5,000 per violation. 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. The secretary shall remit any civil
penalty collected pursuant to this act to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund.
History: L. 1963, ch. 5, § 3;
L. 2002, ch. 144, § 2; July 1.
2-1201b.Custom blenders; unlawful acts; civil
penalty.
(a) It shall be deemed a violation of K.S.A. 2-1201
and 2-1201a, and amendments thereto, for any person to: (1) Sell or
distribute in this state any custom blended fertilizer when such
person does not hold a valid license as required by this act; or
(2) fail to comply with the requirements of K.S.A. 2-1201a, and amendments
thereto, and, except as otherwise
provided, the provisions of K.S.A. 2-1208, and amendments thereto.
Failure to comply with the provisions of
subsection (1)(a) of K.S.A. 2-1208, and amendments thereto, shall not be deemed
a violation of this section. The penalties as provided in
K.S.A. 2-1208, and amendments thereto shall apply to persons as
described in this section who fail to comply with the provisions of K.S.A.
2-1208, and amendments thereto.
(b) On and after July 1, 2003, any person or custom blender who violates
any provision of article 12 of chapter 2 of Kansas Statutes Annotated, and
amendments thereto or the rules and regulations adopted pursuant thereto, may
incur a civil penalty in an amount not more than $5,000 per violation. 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. The secretary shall remit any civil
penalty collected pursuant to this act to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund.
History: L. 1963, ch. 5, § 3;
L. 2002, ch. 144, § 2; July 1.
2-1201b.Custom blenders; unlawful acts; civil
penalty.
(a) It shall be deemed a violation of K.S.A. 2-1201
and 2-1201a, and amendments thereto, for any person to: (1) Sell or
distribute in this state any custom blended fertilizer when such
person does not hold a valid license as required by this act; or
(2) fail to comply with the requirements of K.S.A. 2-1201a, and amendments
thereto, and, except as otherwise
provided, the provisions of K.S.A. 2-1208, and amendments thereto.
Failure to comply with the provisions of
subsection (1)(a) of K.S.A. 2-1208, and amendments thereto, shall not be deemed
a violation of this section. The penalties as provided in
K.S.A. 2-1208, and amendments thereto shall apply to persons as
described in this section who fail to comply with the provisions of K.S.A.
2-1208, and amendments thereto.
(b) On and after July 1, 2003, any person or custom blender who violates
any provision of article 12 of chapter 2 of Kansas Statutes Annotated, and
amendments thereto or the rules and regulations adopted pursuant thereto, may
incur a civil penalty in an amount not more than $5,000 per violation. 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. The secretary shall remit any civil
penalty collected pursuant to this act to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund.
History: L. 1963, ch. 5, § 3;
L. 2002, ch. 144, § 2; July 1.
