2-2209.Seizures.
(a) Any agricultural chemical that is distributed, sold, or offered for sale
within this state or delivered for transportation or transported in intrastate
commerce or between points within this state through any point outside this
state shall be liable to be proceeded against in any court of competent
jurisdiction in any county of the state where it may be found and seized for
confiscation by process of libel for condemnation if it: (1) Is adulterated or
misbranded; (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 agricultural
chemical act of 1947.
(b) If the article is condemned, after entry of decree, it shall be disposed
of by destruction or sale as the court may direct and the proceeds, if such
article is sold, less legal costs, shall be paid to the state treasurer. The
article shall not be sold contrary to the provisions of the agricultural
chemical act of 1947. Upon payment of costs and upon the execution and delivery
to the clerk of such court, of a good and sufficient bond to be approved by the
judge, conditioned that the article shall not be disposed of unlawfully, the
court may direct that such article be delivered to the owner thereof for
relabeling or reprocessing as the case may be.
(c) When a decree of condemnation is entered against the article, court
costs and fees and storage and other proper expenses shall be awarded against
the 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.
2-2209.Seizures.
(a) Any agricultural chemical that is distributed, sold, or offered for sale
within this state or delivered for transportation or transported in intrastate
commerce or between points within this state through any point outside this
state shall be liable to be proceeded against in any court of competent
jurisdiction in any county of the state where it may be found and seized for
confiscation by process of libel for condemnation if it: (1) Is adulterated or
misbranded; (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 agricultural
chemical act of 1947.
(b) If the article is condemned, after entry of decree, it shall be disposed
of by destruction or sale as the court may direct and the proceeds, if such
article is sold, less legal costs, shall be paid to the state treasurer. The
article shall not be sold contrary to the provisions of the agricultural
chemical act of 1947. Upon payment of costs and upon the execution and delivery
to the clerk of such court, of a good and sufficient bond to be approved by the
judge, conditioned that the article shall not be disposed of unlawfully, the
court may direct that such article be delivered to the owner thereof for
relabeling or reprocessing as the case may be.
(c) When a decree of condemnation is entered against the article, court
costs and fees and storage and other proper expenses shall be awarded against
the 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.
2-2209.Seizures.
(a) Any agricultural chemical that is distributed, sold, or offered for sale
within this state or delivered for transportation or transported in intrastate
commerce or between points within this state through any point outside this
state shall be liable to be proceeded against in any court of competent
jurisdiction in any county of the state where it may be found and seized for
confiscation by process of libel for condemnation if it: (1) Is adulterated or
misbranded; (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 agricultural
chemical act of 1947.
(b) If the article is condemned, after entry of decree, it shall be disposed
of by destruction or sale as the court may direct and the proceeds, if such
article is sold, less legal costs, shall be paid to the state treasurer. The
article shall not be sold contrary to the provisions of the agricultural
chemical act of 1947. Upon payment of costs and upon the execution and delivery
to the clerk of such court, of a good and sufficient bond to be approved by the
judge, conditioned that the article shall not be disposed of unlawfully, the
court may direct that such article be delivered to the owner thereof for
relabeling or reprocessing as the case may be.
(c) When a decree of condemnation is entered against the article, court
costs and fees and storage and other proper expenses shall be awarded against
the 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.