State Codes and Statutes

Statutes > Kansas > Chapter47 > Article17 > Statutes_20298

47-1709

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 17.--PET ANIMAL ACT

      47-1709.   Inspections and investigations;confidentiality of complaints; records of inspections; training of inspectorsand owners of pet animal facilities.(a) The commissioner or the commissioner'sauthorized, trained representatives shall make aninspection of the premisesforwhich an application for an original license or permit is made under K.S.A.47-1701et seq., and amendments thereto, before issuance of such license or permit.The application for a license shall conclusively be deemed to be the consentof the applicant to the right of entry and inspection of the premisessought to be licensed or permitted by the commissioner or thecommissioner's authorized,trained representatives at reasonable times with the owner or owner'srepresentative present. Refusal of such entry and inspection shallbe grounds for denial of the license or permit. Notice need not be given toany personprior to inspection.

      (b)   The commissioner or the commissioner's authorized, trainedrepresentatives may make an inspection of each premises for which a license orpermit has beenissued under K.S.A. 47-1701 et seq., and amendments thereto. If suchpremises are premises of a person licensed or permitted under public law91-579 (7U.S.C. § 2131 et seq.), such premises may be inspected atleastonce eachyear. Otherwise, the premises may be inspected at least twiceeach year.The acceptance of a license or permit shall conclusively be deemed to bethe consent ofthe licensee or permittee to the right of entry and inspection of thelicensedor permitted premises by the commissioner or the commissioner's authorized,trainedrepresentatives atreasonable times with the owner or owner's representative present. Refusal ofsuch entry and inspection shall be grounds forsuspension or revocation of the license or permit. Notice need not be givento any personprior to inspection.

      (c)   The commissioner or the commissioner's authorized, trainedrepresentativesshall make inspections of the premises of a person required tobe licensedor permitted under K.S.A. 47-1701 et seq., and amendmentsthereto,upona determination by thecommissioner that there are reasonable grounds to believe that the personis violating the provisions of K.S.A 47-1701 et seq., andamendmentsthereto,or rules and regulations adopted thereunder or that there are grounds forsuspension or revocation of such person's license or permit.

      (d)   Any complaint filed withthe commissioner shall be confidential and shall not be released to anyperson other than employees of the commissioner as necessary to carry outthe duties of their employment.

      (e)   Any person making inspections under this section shall be trainedby the commissioner in reasonable standards of animal care.

      (f)   The commissioner may request a licensed veterinarian to assist inany inspection or investigation made by the commissioner or thecommissioner's authorized representative under this section.

      (g)   Any person acting as the commissioner's authorized representativefor purposes of making inspections and conducting investigations under thissection who knowingly falsifies the results or findings of any inspectionor investigation or who intentionally fails or refuses to make aninspection or conduct an investigation pursuant to this section shall beguilty of a class A nonperson misdemeanor.

      (h)   No person shall act as the commissioner's authorizedrepresentative for the purposes of making inspections and conductinginvestigations under this section if such personhas a beneficial interest in a person required to be licensedor permitted pursuant to K.S.A. 47-1701 et seq., andamendmentsthereto.

      (i)   Records of inspections pursuant to this section shall be maintained inthe office of the Kansas animalhealth department.Records of a deficiency or violation shall not be maintained for longer thanthree years after the deficiency or violation is remedied.

      (j)   The commissioner shall, in consultation with Kansas state universitycollege of veterinary medicine:   (1) Continue proceduresto provide for petanimal training or updated training for authorized trained representatives whoinspectpremises under the pet animal act and to allow the owners of such facilitieslicensed or permittedunder the pet animal act to attend and participate at the trainingworkshops for the authorized trained representatives; and (2) make availabletosuch owners and other interested persons an inspection handbook describing theduties and responsibilities of such authorized trained representatives.

      History:   L. 1972, ch. 201, § 9;L. 1988, ch. 189, § 9;L. 1991, ch. 152, § 31;L. 1996, ch. 151, § 12;L. 2005, ch. 190, § 3; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter47 > Article17 > Statutes_20298

47-1709

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 17.--PET ANIMAL ACT

      47-1709.   Inspections and investigations;confidentiality of complaints; records of inspections; training of inspectorsand owners of pet animal facilities.(a) The commissioner or the commissioner'sauthorized, trained representatives shall make aninspection of the premisesforwhich an application for an original license or permit is made under K.S.A.47-1701et seq., and amendments thereto, before issuance of such license or permit.The application for a license shall conclusively be deemed to be the consentof the applicant to the right of entry and inspection of the premisessought to be licensed or permitted by the commissioner or thecommissioner's authorized,trained representatives at reasonable times with the owner or owner'srepresentative present. Refusal of such entry and inspection shallbe grounds for denial of the license or permit. Notice need not be given toany personprior to inspection.

      (b)   The commissioner or the commissioner's authorized, trainedrepresentatives may make an inspection of each premises for which a license orpermit has beenissued under K.S.A. 47-1701 et seq., and amendments thereto. If suchpremises are premises of a person licensed or permitted under public law91-579 (7U.S.C. § 2131 et seq.), such premises may be inspected atleastonce eachyear. Otherwise, the premises may be inspected at least twiceeach year.The acceptance of a license or permit shall conclusively be deemed to bethe consent ofthe licensee or permittee to the right of entry and inspection of thelicensedor permitted premises by the commissioner or the commissioner's authorized,trainedrepresentatives atreasonable times with the owner or owner's representative present. Refusal ofsuch entry and inspection shall be grounds forsuspension or revocation of the license or permit. Notice need not be givento any personprior to inspection.

      (c)   The commissioner or the commissioner's authorized, trainedrepresentativesshall make inspections of the premises of a person required tobe licensedor permitted under K.S.A. 47-1701 et seq., and amendmentsthereto,upona determination by thecommissioner that there are reasonable grounds to believe that the personis violating the provisions of K.S.A 47-1701 et seq., andamendmentsthereto,or rules and regulations adopted thereunder or that there are grounds forsuspension or revocation of such person's license or permit.

      (d)   Any complaint filed withthe commissioner shall be confidential and shall not be released to anyperson other than employees of the commissioner as necessary to carry outthe duties of their employment.

      (e)   Any person making inspections under this section shall be trainedby the commissioner in reasonable standards of animal care.

      (f)   The commissioner may request a licensed veterinarian to assist inany inspection or investigation made by the commissioner or thecommissioner's authorized representative under this section.

      (g)   Any person acting as the commissioner's authorized representativefor purposes of making inspections and conducting investigations under thissection who knowingly falsifies the results or findings of any inspectionor investigation or who intentionally fails or refuses to make aninspection or conduct an investigation pursuant to this section shall beguilty of a class A nonperson misdemeanor.

      (h)   No person shall act as the commissioner's authorizedrepresentative for the purposes of making inspections and conductinginvestigations under this section if such personhas a beneficial interest in a person required to be licensedor permitted pursuant to K.S.A. 47-1701 et seq., andamendmentsthereto.

      (i)   Records of inspections pursuant to this section shall be maintained inthe office of the Kansas animalhealth department.Records of a deficiency or violation shall not be maintained for longer thanthree years after the deficiency or violation is remedied.

      (j)   The commissioner shall, in consultation with Kansas state universitycollege of veterinary medicine:   (1) Continue proceduresto provide for petanimal training or updated training for authorized trained representatives whoinspectpremises under the pet animal act and to allow the owners of such facilitieslicensed or permittedunder the pet animal act to attend and participate at the trainingworkshops for the authorized trained representatives; and (2) make availabletosuch owners and other interested persons an inspection handbook describing theduties and responsibilities of such authorized trained representatives.

      History:   L. 1972, ch. 201, § 9;L. 1988, ch. 189, § 9;L. 1991, ch. 152, § 31;L. 1996, ch. 151, § 12;L. 2005, ch. 190, § 3; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter47 > Article17 > Statutes_20298

47-1709

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 17.--PET ANIMAL ACT

      47-1709.   Inspections and investigations;confidentiality of complaints; records of inspections; training of inspectorsand owners of pet animal facilities.(a) The commissioner or the commissioner'sauthorized, trained representatives shall make aninspection of the premisesforwhich an application for an original license or permit is made under K.S.A.47-1701et seq., and amendments thereto, before issuance of such license or permit.The application for a license shall conclusively be deemed to be the consentof the applicant to the right of entry and inspection of the premisessought to be licensed or permitted by the commissioner or thecommissioner's authorized,trained representatives at reasonable times with the owner or owner'srepresentative present. Refusal of such entry and inspection shallbe grounds for denial of the license or permit. Notice need not be given toany personprior to inspection.

      (b)   The commissioner or the commissioner's authorized, trainedrepresentatives may make an inspection of each premises for which a license orpermit has beenissued under K.S.A. 47-1701 et seq., and amendments thereto. If suchpremises are premises of a person licensed or permitted under public law91-579 (7U.S.C. § 2131 et seq.), such premises may be inspected atleastonce eachyear. Otherwise, the premises may be inspected at least twiceeach year.The acceptance of a license or permit shall conclusively be deemed to bethe consent ofthe licensee or permittee to the right of entry and inspection of thelicensedor permitted premises by the commissioner or the commissioner's authorized,trainedrepresentatives atreasonable times with the owner or owner's representative present. Refusal ofsuch entry and inspection shall be grounds forsuspension or revocation of the license or permit. Notice need not be givento any personprior to inspection.

      (c)   The commissioner or the commissioner's authorized, trainedrepresentativesshall make inspections of the premises of a person required tobe licensedor permitted under K.S.A. 47-1701 et seq., and amendmentsthereto,upona determination by thecommissioner that there are reasonable grounds to believe that the personis violating the provisions of K.S.A 47-1701 et seq., andamendmentsthereto,or rules and regulations adopted thereunder or that there are grounds forsuspension or revocation of such person's license or permit.

      (d)   Any complaint filed withthe commissioner shall be confidential and shall not be released to anyperson other than employees of the commissioner as necessary to carry outthe duties of their employment.

      (e)   Any person making inspections under this section shall be trainedby the commissioner in reasonable standards of animal care.

      (f)   The commissioner may request a licensed veterinarian to assist inany inspection or investigation made by the commissioner or thecommissioner's authorized representative under this section.

      (g)   Any person acting as the commissioner's authorized representativefor purposes of making inspections and conducting investigations under thissection who knowingly falsifies the results or findings of any inspectionor investigation or who intentionally fails or refuses to make aninspection or conduct an investigation pursuant to this section shall beguilty of a class A nonperson misdemeanor.

      (h)   No person shall act as the commissioner's authorizedrepresentative for the purposes of making inspections and conductinginvestigations under this section if such personhas a beneficial interest in a person required to be licensedor permitted pursuant to K.S.A. 47-1701 et seq., andamendmentsthereto.

      (i)   Records of inspections pursuant to this section shall be maintained inthe office of the Kansas animalhealth department.Records of a deficiency or violation shall not be maintained for longer thanthree years after the deficiency or violation is remedied.

      (j)   The commissioner shall, in consultation with Kansas state universitycollege of veterinary medicine:   (1) Continue proceduresto provide for petanimal training or updated training for authorized trained representatives whoinspectpremises under the pet animal act and to allow the owners of such facilitieslicensed or permittedunder the pet animal act to attend and participate at the trainingworkshops for the authorized trained representatives; and (2) make availabletosuch owners and other interested persons an inspection handbook describing theduties and responsibilities of such authorized trained representatives.

      History:   L. 1972, ch. 201, § 9;L. 1988, ch. 189, § 9;L. 1991, ch. 152, § 31;L. 1996, ch. 151, § 12;L. 2005, ch. 190, § 3; July 1.