K.A.R. Agency 4 | Kan. Admin. Regs. Agency 4 — Kansas Department of Agriculture

Article 1 Agricultural Chemicals

Kan. Admin. Regs. § 4-1-2 Definitions

In addition to the terms defined in K.S.A. 2-2202 and amendments thereto, the following terms shall have the meanings specified in this regulation: (a) "Abstracted," as used in K.S.A. 2-2202(x)(3) and amendments thereto, means omitted.

(b) "The act," and "the agricultural chemical act" mean K.S.A. 2-2201 et seq., and amendments thereto.

(d) "Pesticide" shall include insecticides, fungicides, rodenticides, herbicides, nematocides, defoliants, desiccants, and antimicrobials.

(e) "Plant-incorporated protectant" means any pesticidal substance produced by any plant and the genetic material necessary for the plant to produce the substance.

(f) "Plant regulator" shall not include any substance labeled or otherwise represented solely for use as a plant nutrient, fertilizer, or soil amendment.

(g) "Product" means one or more pesticides formulated, packaged, and labeled for distribution or sale.

(h) "Valuable constituent" means any active ingredient or inert ingredient.

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History

History: (Authorized by K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 2-2202; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.)

Kan. Admin. Regs. § 4-1-5 Label

The label of each product shall show clearly and prominently the following items: (a) The complete name of the product under which the product is registered under the act;

(b) the name and address of the manufacturer, registrant, or person for whom the product was manufactured. Unless otherwise stated, any name and address on the label shall be considered as the name and address of the manufacturer. If the registrant's name appears on the label and the registrant is not the manufacturer or if the name of the person for whom the product was manufactured appears on the label, the name that appears on the label shall be qualified by appropriate wording that may include "packed for," "distributed by," or "sold by," to indicate that the name is not that of the manufacturer. If the product is manufactured in more than one location or at a location separate from the manufacturer's principal office, then the product label shall state either one of the addresses where the product is manufactured or the address of the manufacturer's principal office;

(d) the net contents;

(e) an ingredient statement, which shall meet the following requirements:

(1) The ingredient statement shall appear on the front panel of the label unless the secretary or designee determines that, due to the size or form of the container, a statement on that portion of the label is impractical and permits this statement to appear on another side or panel of the label. If so permitted, the ingredient statement shall be in larger type and more prominent than the surrounding text. The ingredient statement shall run parallel with other printed matter on the panel of the label on which the ingredient statement appears and shall be on a clear, contrasting background and not obscured or crowded;

(2) the acceptable common name of each active ingredient as specified in FIFRA shall appear on the ingredient statement or, if the active ingredient has no common name, the correct chemical name shall be stated. A trademark or trade name shall not be used as the name of an active ingredient unless the trademark or trade name has become a common name;

(3) active ingredients and inert ingredients shall be so designated. The term "inert ingredient" shall appear in the same size type and be as prominent as the term "active ingredient"; and

(4) the percentages of all ingredients shall be determined by weight, and the sum of the percentages of all ingredients shall be 100. Sliding-scale forms of ingredient statements shall not be used;

(f) a first aid statement; and

(g) a warning or caution statement. The warning or caution statement shall appear on the label in a place sufficiently prominent to warn the user and shall state clearly and in nontechnical language the particular hazards involved in the use of the product and the precautions to be taken to avoid accident, injury, or damage to humans and other nontarget organisms.

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History

History: (Authorized by K.S.A. 2010 Supp. 2-2205; implementing K.S.A. 2010 Supp. 2-2202; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.)

Kan. Admin. Regs. § 4-1-9 Registration

(a) Pursuant to K.S.A. 2-2204 and amendments thereto, a product may be registered by one of the following: any manufacturer, authorized agent of the manufacturer, packer, seller, distributor, or shipper of that product.

(b) The registrant shall be responsible for the accuracy and completeness of all information submitted in connection with the application for registration of a product.

(c) Each registrant shall submit the product labeling to the secretary or designee when initially registering the product and whenever changing or modifying the labeling. When a registrant submits a product's labeling due to a change or modification in the labeling, the labeling shall be accompanied with a written statement that clearly and specifically describes the changes from the previous labeling and the proposed date of implementation of the new labeling. After the effective date of a change in labeling, the product shall be marketed only under the new labeling. Any registrant may request from the secretary or designee that a reasonable time be permitted to relabel or dispose of any products with the old labeling. After the initial registration of a product, any registrant may register that product no more than four consecutive years without the submission of the product label if there is no change to the product label.

(d) Claims or representations made for a product by the registrant or registrant's agent shall not differ from claims or representations made in connection with registration. These claims or representations shall include the following:

(1) Publications or advertising literature that accompanies the product or is distributed separately from the product;

(2) advertising by radio, television, internet sites, or other electronic media; and

(3) verbal and written communication.

(e) If the secretary requires additional information in support of the registration and the registrant believes that the requirement for additional data is unreasonable, the registrant may request a conference with the secretary or designee to discuss the requirement and consider alternatives. Each request for a conference shall be made no later than 20 days after the date on which the request for additional data is sent to the registrant.

(f) Each registration shall be valid through the last day of the calendar year in which the product was registered, unless the registration has been canceled or suspended before that day.

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History

History: (Authorized by K.S.A. 2010 Supp. 2-2205; implementing K.S.A. 2010 Supp. 2-2204; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.)

Kan. Admin. Regs. § 4-1-9a Registration for special local need

(a) Each person registering a product for additional uses and methods of application not stated on the product's labeling under section three of FIFRA, but not inconsistent with federal law, for the purpose of meeting a special local need shall submit an application for the special local need to the secretary or designee. Each application shall include the following:

(1) A statement explaining why a special local need registration is necessary;

(2) efficacy and residue data;

(3) a letter from a subject matter expert, as recognized by the secretary or designee, detailing support for the special local need registration;

(4) EPA form 8570-25, "application for/notification of state registration of a pesticide to meet a special local need"; and

(5) a proposed label for the product.

(b) A product shall not be eligible for special local need registration if at least one of the following conditions is met:

(1) There is insufficient evidence to support a special local need for the additional use or method of application within the state.

(2) The registrant and product do not meet all requirements under the act and the Kansas pesticide law.

(3) For a food or feed use, the additional use or method of application does not have an established residue tolerance, or an exemption from tolerance, under FIFRA.

(4) The same use or method of application has previously been denied, disapproved, suspended, or cancelled by EPA.

(5) The same use or method of application has been voluntarily cancelled by the registrant.

(c) A special local need registration shall be issued to the applicant upon referral of the application to EPA by the secretary.

(d) A special local need registration shall be immediately cancelled by the secretary or designee if the application is disapproved by EPA.

(e) Each special local need registration of a product shall be renewed annually, but may be renewed no more than four times without resubmission of a special local need request pursuant to K.A.R. 4-1-9a.

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History

History: (Authorized by K.S.A. 2009 Supp. 2-2205 and K.S.A. 2009 Supp. 2-2214; implementing K.S.A. 2009 Supp. 2-2207; effective June 10, 2011.)

Kan. Admin. Regs. § 4-1-9b Emergency situation exemptions

(a) Any person may submit a request for a registration exemption under section 18 of FIFRA to the secretary or designee if an emergency situation exists.

(b) "Emergency situation" shall include the following: a specific emergency, a public health emergency, a quarantine emergency, and a crisis emergency that is urgent and nonroutine.

(c) Each request for registration exemption under section 18 of FIFRA shall include documentation of each of the following:

(1) No effective registered products are available.

(2) No feasible alternative control practices are available.

(3) The emergency situation involves the introduction of a new pest, will present significant risks to human health or the environment, or will cause significant economic loss.

(d) Each person seeking an emergency situation exemption shall compile and present to the secretary or designee any additional information required by EPA to support the request.

(e) Each person distributing a product under the emergency situation exemption shall provide the end user with the product labeling that was approved for the emergency situation exemption.

(f) Each person distributing or using products under an emergency situation exemption shall meet the following requirements:

(1) Comply with all reporting requirements contained within the emergency situation exemption; and

(2) notify the secretary or designee of any adverse effects resulting from the use of the product.

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History

History: (Authorized by K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 2-2207; effective June 10, 2011.)

Kan. Admin. Regs. § 4-1-13 Enforcement; product sampling

Collection of samples of products for analysis shall be performed by the secretary or designee. A sample may be taken as either an unopened original package or a portion from the unopened original package.

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History

History: (Authorized by K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 2-2206, as amended by L. 2010, ch. 17, §10; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.)

Kan. Admin. Regs. § 4-1-14 Experimental use

(a) A product, including a plant or seed modified genetically to include a plant-incorporated protectant, may be distributed for experimental use without registration under K.S.A. 2-2204, and amendments thereto, if either of the following conditions is met:

(1) A permit for the product has been obtained from the secretary or designee.

(2) The experimental use of the product is limited to one of the following:

(A) Laboratory or greenhouse tests; or

(B) a small-scale test conducted on a cumulative total of no more than one acre of land per pest.

(b) An experimental use permit may be issued if the secretary or designee determines that the applicant needs the permit to accumulate information necessary to register a pesticide under K.S.A. 2-2204, and amendments thereto. Issuance of an experimental use permit may be denied by the secretary or designee if it is determined that the proposed use of the pesticide could cause unreasonable adverse effects on the environment. Terms, conditions, and a limited time period of the experimental use permit may be prescribed by the secretary or designee.

(1) The name and address of the applicant;

(2) the purpose or objectives of the experimental use and the experimental protocols to be followed;

(3) the name, address, and telephone number of all participants in the experimental use in Kansas;

(4) the amount of the product, including a plant or seed modified genetically to include a plant-incorporated protectant, to be shipped into or used in Kansas;

(5) the applicant's signature;

(6) documentation of EPA approval;

(7) a copy of the experimental use product labeling approved by EPA; and

(8) any other relevant information requested by the secretary or designee. If the secretary requires additional information in support of the application and the applicant believes that the requirement for additional data is unreasonable, the applicant may request a conference with the secretary or designee to discuss the requirement and consider alternatives. Each request for a conference shall be made no later than 20 days after the date the request for additional data is sent to the applicant.

(d) After the permit is issued, the permittee shall meet the following requirements:

(1) Coordinate the dates and locations of the proposed use of the product with the secretary or designee; and

(2) notify the secretary or designee of any adverse effects resulting from the experimental use within 24 hours of discovery.

(e) An experimental use permit may be modified, revoked, suspended, or modified by the secretary or designee at any time if either of the following conditions is met:

(1) The secretary or designee finds that the terms or conditions of the permit are being violated.

(2) The secretary or designee, after taking into account the economic, social, and environmental costs and benefits of the use of the product under the existing permit, determines the risk to the environment to be unacceptable.

(f) At the conclusion of the experimental use, the permittee shall submit a final report to the secretary or designee summarizing the results.

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History

History: (Authorized by K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 2-2207; effective Jan. 1, 1966; amended May 1, 1982; amended June 10, 2011.)

Kan. Admin. Regs. § 4-1-17 Registration fee

The annual registration fee for each registered product shall be $150.00.

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History

History: (Authorized by K.S.A. 2009 Supp. 2-2204 and K.S.A. 2009 Supp. 2-2205; implementing K.S.A. 2009 Supp. 2-2204; effective, T-83-35, Nov. 10, 1982; effective May 1, 1983; amended, T-88-46, Nov. 10, 1987; amended May 1, 1988; amended, T-4-6-22-89, June 22, 1989; amended Aug. 14, 1989; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended June 10, 2011.)

Article 2 Agricultural Seed

Kan. Admin. Regs. § 4-2-1 Labeling prohibitions

Agricultural seed shall be deemed mislabeled pursuant to the Kansas seed law if any language stating, or directly or indirectly implying that the agricultural seed is recommended or endorsed by the Kansas department of agriculture appears on the agricultural seed's label, container, or invoice, or in any literature or advertising media accompanying the agricultural seed.

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History

History: (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1421; effective Jan. 1, 1966; amended Jan. 1, 1989; amended Dec. 8, 2023.)

Kan. Admin. Regs. § 4-2-2 Labeling treated seed

Treated seed must be labeled. If seed has been chemically treated, each bag or container must be labeled bearing a true statement as follows: The required information shall be in type no smaller than 8 point and may be on the tag bearing the analysis information or on a separate tag, or it may be printed in a conspicuous manner on a side or top of the container.

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History

History: (Authorized by K.S.A. 2-1427; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-2-3 Sampling procedure

(a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection:

(1) "Free-flowing seed" means any agricultural seed that readily sheds the husks, hulls, awns, bran, and other plant parts while being conditioned, allowing the seeds to move freely and independently of each other.

(2) "Non-free-flowing seed" means any agricultural seed that, because of attached husks, hulls, awns, bran, and other plant parts that do not readily separate from the seed while being conditioned, tends to bind together, preventing the seeds from moving independently of each other.

(3) "Seed" means agricultural seed as defined in K.S.A. 2-1415, and amendments thereto.

(b) To obtain a representative sample, equal portions shall be taken from evenly distributed parts of the lot to be sampled based on the type of seed and number of containers, unless the seed is stored or piled in a manner that makes taking a representative sample impossible or impractical.

(d) All non-free-flowing seed, including uncleaned agricultural seed and chaffy range grasses that are difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions.

(e) The portions collected from a single lot shall be combined into one or more composite samples.

(f) As the seed is sampled, each portion shall be examined. If a lack of uniformity appears to exist, additional samples shall be taken to determine whether a lack of uniformity exists.

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History

History: (Authorized by K.S.A. 2016 Supp. 2-1427; implementing K.S.A. 2-1416 and K.S.A. 2016 Supp. 2-1423; effective Jan. 1, 1966; amended Oct. 6, 2017.)

Kan. Admin. Regs. § 4-2-8 Methods of analyses

(a) Subject to the provisions of subsections (f), (g), and (h) of this regulation, the methods of analysis shall be those published by the association of official seed analysts in the following sections of volume 1 of the "AOSA rules for testing seeds," titled "principles and procedures," including all tables and charts, dated October 1, 2016 and hereby adopted by reference:

(1) Section 2, preparation of working samples, except page 2-60;

(2) section 3, the purity analysis, except page 3-30;

(3) section 4, uniform classification of weed and crop seeds;

(4) section 5, examinations;

(5) section 6, germination tests;

(6) section 8, tetrazolium testing;

(7) section 12, mechanical seed counts; and

(8) section 14, tolerances, except subsection 14.10.

(b) Volume 2 of the association of official seed analysts' "AOSA rules for testing seeds," titled "uniform blowing procedure," revised 2015, is hereby adopted by reference, except page ii, section 1, and section 8.

(c) Volume 3 of the association of official seed analysts' "AOSA rules for testing seeds," titled "uniform classification of weed and crop seeds," revised 2016, is hereby adopted by reference, except pages i-iii and viii-xiv.

(d) Volume 4 of the association of official seed analysts' "AOSA rules for testing seeds," titled "seedling evaluation," including illustrations, dated 2016, is hereby adopted by reference, except pages i-vi; page 18; the "references" sections on pages 22, 41, 46, 58, 62, 67, 98, 109, and 115; and pages 135-139.

(e) The "AOSA/SCST tetrazolium testing handbook," prepared by the tetrazolium subcommittee of the association of official seed analysts and the society of commercial seed technologists, including tables and illustrations, 2010 edition, is hereby adopted by reference, except pages i-viii; in part 1, subsections 1, 3, 7, and 15.2; part 4; and part 5.

(f) For the purpose of this regulation, the term "noxious-weed seed" used in the material adopted by reference in this regulation shall mean "restricted weed seed" as defined in K.S.A. 2-1415 and amendments thereto.

(g) For the purpose of this regulation, the term "purity tolerances" used in the material adopted by reference in this regulation shall mean "the greatest non-significant difference between two values, which may be two estimates or a specification and an estimate."

All other terms used in the material adopted by reference in this regulation shall have the meanings specified in the adopted portions of the "AOSA rules for testing seeds," unless a term is defined by K.S.A. 2-1415 and amendments thereto, in which case the term shall have the meaning specified in that statute.

(h) The following restrictions shall apply in addition to tolerances for the testing of seed in section 14 adopted by reference in paragraph (a)(8) of this regulation:

(1) Restricted weed seed tolerances shall not exceed the limitations specified in K.S.A. 2-1415 and amendments thereto.

(2) No tolerance shall be applied to any seed component that is guaranteed as "none" on the label.

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History

History: (Authorized by K.S.A. 2016 Supp. 2-1427; implementing K.S.A. 2016 Supp. 2-1423; effective Jan. 1, 1966; amended May 1, 1983; amended Jan. 1, 1989; amended Dec. 12, 1994; amended Jan. 18, 2008; amended Oct. 6, 2017.)

Kan. Admin. Regs. § 4-2-8a Definition of noxious weed seed

For the purpose of K.A.R. 4-2-8, the term "noxious-weed seed" used in the material adopted by reference in that regulation shall mean "prohibited weed seed," and "noxious weed seed" as defined in K.S.A. 2-1415 and amendments thereto, as well as "restricted weed seed" as defined in K.S.A. 2-1415 and amendments thereto. The definition for "noxious-weed seed" provided in this regulation shall supplant the definition for that term provided in K.A.R. 4-2-8(f).

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History

History: (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1423; effective Dec. 8, 2023.)

Kan. Admin. Regs. § 4-2-8b Official analysis

For purposes of K.S.A. 2-1423, and amendments thereto, the analysis of agricultural seed conducted by the secretary or an authorized representative of the secretary shall serve as the official analysis of that seed. This official analysis shall be the basis upon which the secretary determines whether a violation of the act has occurred. An analysis conducted by any person other than the secretary or an authorized representative of the secretary may be considered as evidence pursuant to K.S.A. 2-1423(c) but shall not be considered an official analysis.

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History

History: (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1416, 2-1423, 2-1431, and 2-1437; effective Dec. 8, 2023.)

Kan. Admin. Regs. § 4-2-9a Restricted weed seeds

(a) The seeds of the following plant species shall not be present in agricultural seed at a rate per pound in excess of the number shown in the below chart:

(b) The total number of restricted weed seeds present per pound of agricultural seed shall not exceed 150 in the following agricultural seeds:

(1) native grass;

(2) smooth bromegrass;

(3) tall fescue;

(4) wheatgrasses; and

(5) lespedeza other than sericea lespedeza (Lespedeza cuneata).

(c) The total number of hairy chess and cheat seeds present per pound of agricultural seed shall not exceed 2,500 in the following agricultural seeds:

(1) smooth bromegrass;

(2) fescues;

(3) orchard grass;

(4) wheatgrasses; and

(5) chaffy range grasses.

(d) For all other agricultural seeds, the total number of restricted weed seeds present per pound of agricultural seed shall not exceed 90.

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Common Name | Scientific Name | Seeds per Pound

silverleaf nightshade | Solanum elaeagnifolium Cav. | 45

Carolina horsenettle | Solanum carolinense L. | 45

dock | Rumex spp. | 45

oxeye daisy | Leucanthemum vulgare Lam. | 45

perennial sowthistle | Sonchus arvensis L. | 45

giant foxtail | Setaria faberi R.A.W. Herrm. | 45

hairy chess | Bromus commutatus L. | 45

cheat | Bromus secalinus L. | 45

buckhorn plantain | Plantago lanceolata L. | 45

wild onion or garlic | Allium spp. | 18

charlock | Sinapsis arvensis L. | 18

wild mustards | Brassica spp. | 18

treacle | Erysimum spp. | 18

wild carrot | Daucus carota L. | 18

morning glory | Ipomoea spp. | 18

hedge bindweed | Calystegia sepium (L.) R. Br. | 18

dodder* | Cuscuta spp. | 18

field pennycress | Thlaspi arvense L. | 18

wild oats | Avena fatua L. | 9

climbing milkweed | Cynanchum laeve (Michx.) Pers. | 9

jointed goatgrass | Aegilops cylindrica Host | 9

black nightshade complex | Solanum ptychanthum Dunal | 9

Americanum Mill. | 9
sarrachoides Sendtn. | 9
nigrum L. | 9
interius Rydb. | 9

wild buckwheat | Fallopia convolvulus L. | 9

velvetleaf | Abutilon theophrasti Medik. | 9

cocklebur | Xanthium spp. | 9

Caucasian bluestem | Bothriochloa bladhii | 2

yellow bluestem | Bothriochloa ischaemum | 2

*except lespedeza seed other than sericea lespedeza (Lespedeza cuneata) which may contain 45 dodder seeds per pound

History

History: (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1421; effective Dec. 8, 2023.)

Kan. Admin. Regs. § 4-2-9b Prohibited weed seeds

(a) The seeds of the following plant species shall not be present in agricultural seed.

(1) Texas blueweed (Helianthus ciliaris DC);

(2) Columbus grass (Sorghum xalmum Parodi); and

(3) any seeds that cannot be distinguished from Johnsongrass (Sorghum halepense (L.) Pers.) seed.

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History

History: (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1421; effective Dec. 8, 2023.)

Kan. Admin. Regs. § 4-2-10 Indistinguishable seed

When the identification of the kind, variety, or type of seed is not possible by seed characteristics, identification may be based upon the seeding, growing plant, or mature plant characteristics according to such authentic information as is available.

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History

History: (Authorized by K.S.A. 2-1427; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-2-11 Origin

The presence of incidental weed seeds, foreign matter, or any other existing circumstances shall be considered in determining the origin of seed.

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History

History: (Authorized by K.S.A. 2-1427; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-2-14 Seed offered for sale

Agricultural seed, whether in bags, cartons, bins, or other containers exposed in salesrooms, storerooms, warehouses, or other places where seed is sold for sowing purposes, shall be considered to be offered or exposed for sale for planting purposes and shall be subject to the provisions of the act, unless clearly and permanently labeled to indicate that the agricultural seed is not for sale and stored separately from seed that is or may be offered for sale.

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History

History: (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1423; effective Jan. 1, 1966; amended Dec. 8, 2023.)

Kan. Admin. Regs. § 4-2-18 Label requirements for seed delivered to wholesalers

Seed delivered in bulk to a wholesaler after conditioning shall be completely labeled by an invoice or master label attached to the bulk container. Seed delivered to a wholesaler in bags or other containers may be labeled by an invoice or master label that bears a lot number and all other information required by law provided that each individual bag or other container is properly identified with the lot number shown on the invoice or master label clearly and readably stenciled on each individual bag or other container. Each bag or other container which does not bear a lot number that corresponds to an invoice or master label shall be completely labeled. This regulation shall become effective on January 1, 1989.

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History

History: (Authorized by K.S.A. 2-1427; implementing K.S.A. 1987 Supp. 2-1417; effective Jan. 1, 1989.)

Kan. Admin. Regs. § 4-2-20 Adoption by reference

The following sections of 7 C.F.R. part 201, as revised on January 1, 2007, are hereby adopted by reference:

(a) 201.39;

(b) 201.40;

(d) 201.42; and

(e) 201.43.

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History

History: (Authorized by K.S.A. 2006 Supp. 2-1427; implementing K.S.A. 2-1423; effective Dec. 12, 1994; amended Jan. 18, 2008.)

Kan. Admin. Regs. § 4-2-21 Registration fees for wholesalers and retailers

(a) Each wholesaler shall pay a registration fee of $250 for each location at which the wholesaler is doing business.

(b) Each retailer shall pay a registration fee of $30 for each location at which the retailer is doing business.

(c) Each person registering as both a wholesaler and a retailer at the same location shall pay a registration fee of $280 for each location at which the person is doing business.

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History

History: (Authorized by K.S.A. 2016 Supp. 2-1421a and 2-1427; implementing K.S.A. 2016 Supp. 2-1421a; effective Oct. 6, 2017.)

Article 3 Commercial Feeding Stuffs

Kan. Admin. Regs. § 4-3-2 Definitions

(a) International chick unit of vitamin D is the activity produced by one unit of vitamin D in the U. S. pharmacopoeia "vitamin D reference standard" determined according to the method of the association of official agricultural chemists.

(b) "U.S.P." means the United States pharmacopoeia, volume XIII.

(d) "Person" means individuals, partnerships, associations or persons, and corporations.

(e) Livestock. "Livestock" means and includes horses, mules, cattle, sheep, swine and goats.

(f) Poultry. "Poultry" means fowl raised for meat, eggs, or feathers, and includes chickens, ducks, guineas, geese, turkeys and pigeons.

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History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1001; effective Jan. 1, 1966; amended May 1, 1982; amended May 1, 1983.)

Kan. Admin. Regs. § 4-3-3 Legibility and conspicuousness

(a) A word, statement, or other information required by or under the authority of the act or these regulations to appear on the label may lack that legibility and conspicuousness by reason of:

(1) The failure of this word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase;

(2) The insufficiency of label space for the prominent placing of this word, statement, or information resulting from the use of label space for any word, statement, design, or device which is not required by or under authority of the act to appear on the label; and

(3) Smallness of style or type in which this word, statement, or information appears, insufficient background contrast; obscuring designs or vignettes; or crowding with other written, printed, or graphic matter.

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History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan. 1, 1966; amended May 1, 1982.)

Kan. Admin. Regs. § 4-3-5 The name

(a) The name shall not be misleading or deceptive, or tend to mislead or deceive as to the materials of which the commercial feeding stuffs is composed. The name of a non-medicated feed shall be considered misleading or deceptive if:

(1) It includes or suggests the name of one or more but not all of the ingredients, even though the names of all these ingredients are stated elsewhere on the label;

(2) It indicates or suggests that the commercial feeding stuffs is intended or adapted for a specific use, unless the character, quality and nutritive composition of the product is satisfactory for the purpose;

(3) It contains the word "vitamin" or a contraction of it, or any word suggesting vitamin, unless the product is represented solely as a vitamin supplement and is labeled with the minimum vitamin content guaranteed as specified in K.A.R. 4-3-8;

(4) The word "dehydrated" appears in the name of an alfalfa product or in connection with it, unless the product has been produced from the freshly cut alfalfa plant, having a moisture content of not less than fifty (50) percent and had been artificially dried at a temperature of at least one hundred (100) degrees centigrade or two hundred and fifteen (215) degrees fahrenheit for a period of not more than forty (40) minutes and containing no admixture of sun-cured products;

(5) The germ has been wholly or partially removed from the product, unless the word "degermed" precedes the name;

(6) The word "defluorinated" is used as a part of it, and the product contains more than one (1) part of fluorine (F) to forty (40) parts of phosphorus (P);

(7) Superlative, ambiguous, or doubtful terms are used as a part of it, such as "perfect" or "best," unless followed by the word "brand"; and

(8) The word "iodized" is used as a part of it unless the product contains more than .007% iodine (I), uniformly distributed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan. 1, 1966; amended May 1, 1982.)

Kan. Admin. Regs. § 4-3-6 Name and address of manufacturer

An unqualified name and address given on the label shall mean the name and address of the manufacturer. If the registrant's name appears on the label and the registrant is not the manufacturer, or if the name of the person for whom manufactured appears on the label, it shall be qualified by appropriate wording such as "packed for . . .," "distributed by . . .," or "sold by . . .," to show that the name is not that of the manufacturer. When a person manufactures commercial feeding stuffs in two (2) or more places or in a place different from the manufacturer's principal office, the actual place of manufacture of each package need not be stated on the label except when the failure to name it may be misleading to the public.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan. 1, 1966; amended May 1, 1982.)

Kan. Admin. Regs. § 4-3-7 Ingredient statement

(a) The specific name of each ingredient or collective term or terms shall be shown on the label. When a collective term or terms for a group of ingredients is used on the label, individual ingredients within the group shall not be listed on the label. The manufacturer shall provide upon request a listing of individual ingredients within a defined group. The specific name or collective term or terms shall be those products for which a definition or standard has been adopted. If the ingredient is a product that has not been defined, the name shall be descriptive and as approved by the secretary.

(b) If screenings are used as an ingredient, the source and condition shall be indicated.

(d) A statement of vitamin content of an ingredient shall not appear in the ingredient statement, or any other part of the label, unless this statement is a guarantee of minimum vitamin content of the entire product given in terms as specified in K.A.R. 4-3-8.

(e) Statements or words explaining or qualifying the name of an ingredient shall not be used.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan. 1, 1966; amended Jan. 1, 1972; amended May 1, 1982.)

Kan. Admin. Regs. § 4-3-8 Vitamin products, carriers and preparations

Vitamin products, carriers and preparations shall be labeled to show information or guaranties as to vitamin content in milligrams per pound, except that vitamin A shall be stated in United States pharmacopoeia (U.S.P.) units per pound, vitamin D in products offered for poultry feeding in international chick units per pound, vitamin D for other uses in U.S.P. units per pound.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1002; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-3-9 Feeds containing drug ingredients

Commercial feeding stuffs containing drug ingredients intended or represented for the cure, mitigation, treatment or prevention of any disease or ailment of livestock and/or poultry, and substances other than feeds intended to affect the structure or any function of the body of livestock and/or poultry, shall be labeled to show, in addition to the other information required by the act:

(a) The name of each therapeutically active ingredient or agent stated as such and listed separately from other ingredients.

(b) Adequate directions for use.

Provided, however, That the terms "drug" and "substance" as used herein do not apply to vitamin, mineral, or other materials used solely for nutritional purposes, and not present in therapeutic amounts.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1002; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-3-10 Urea

Urea and ammonium salts of carbonic and phosphoric acids are acceptable ingredients in proprietary cattle, sheep and goat feeds only; that these materials shall be considered adulterants in proprietary feeds for other animals and birds; and that the following statement of guaranty of crude protein for feeds containing these materials be used:

Crude Protein, not less than ________ percent. (This includes not more than ________ percent equivalent protein from nonprotein nitrogen.)

If feed contains more than 3 percent of urea, or if the equivalent protein contributed by urea exceeds ⅓ of the total crude protein, the label shall bear a statement of proper usage, and the following statement in type of such conspicuousness as to render it likely to be read and understood by ordinary individuals under customary conditions of purchase and use:

WARNING: This feed should be used only in accordance with directions furnished on the label.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1002; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-3-11 Registration

(a) After a commercial feeding stuffs is registered under the act, no further registration is required by persons selling the product, provided it remains in the registrant's properly labeled, original unbroken, immediate container.

(b) Registration shall be effective on the date the registration is issued.

(1) The name, brand or trademark is misleading or deceptive or may tend to mislead or deceive as to the materials of which the product is composed;

(2) The person already has a product registered under the same name; or

(3) The copy of label does not show the information as required by the act and these regulations or fails to conform to any of the requirements of the act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1003; effective Jan. 1, 1966; amended May 1, 1982.)

Kan. Admin. Regs. § 4-3-12 Permit system

(a) The permit holder shall keep the records of sales available for inspection for a period of three years.

(b) The secretary may cancel the permit if:

(1) The holder fails to report and pay the inspection fee within thirty days after due and payable;

(2) Refuses to permit the secretary or his duly authorized representative to examine the records; or

(3) Makes a false report of tonnage of feeding stuffs sold on which the inspection fee was due.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1004; effective Jan. 1, 1966; amended Jan. 1, 1972; amended Feb. 15, 1977; amended May 1, 1982.)

Kan. Admin. Regs. § 4-3-13 Hearing

(a) The notice of hearing as specified in K.S.A. 2-1010, shall be in writing, and mailed first-class to the record address of the manufacturer or dealer. The person so notified shall be given an opportunity to present his views in writing or by representative.

(b) Upon request reasonably made, by the person to whom a notice appointing a time and place for the hearing as provided by K.S.A. 2-1010, has been given, or by his representative, such time and place, or both such time and place, may be changed if the request states reasonable grounds therefor. Such request shall be received by the secretary, or his agent who issued the notice.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-3-14 Artificial color

Artificial colors shall be considered an adulterant in a commercial feeding stuffs whereby its use would tend to enhance the natural color or conceal inferiority. Dyes certified for use under the federal food, drug and cosmetic act may be used to indicate the distribution of a valuable ingredient or ingredients, or to increase or aid in proper intake of a feeding stuffs.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-3-15 Name of unmixed by-product feeds containing screenings or scourings

Unmixed by-product feeds, to which either screenings or scourings or both have been added, shall be labeled to clearly indicate this fact in the name. The word "screenings" or "scourings" together with the kind of screenings or scourings shall appear as a part of the name and shall be printed in the same size and face of type as the remainder of the name.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan. 1, 1966; amended May 1, 1982.)

Kan. Admin. Regs. § 4-3-47 Adoption by reference

(a) The following portions of the "2010 official publication" copyrighted in 2010 by the association of American feed control officials incorporated are hereby adopted by reference and shall apply to commercial feeding stuffs in this state:

(1) Regulations 1 through 13 of the "AAFCO model good manufacturing practice regulations for feed and feed ingredients" on pages 128 through 132, with the following changes:

(A)(i) In the first sentence of regulation 1, "section 3 of the model bill" shall be replaced with "K.S.A. 2-1001, and amendments thereto"; and

(ii) in the definition of "adulteration" in regulation 1, "section 7(a) of the model bill" shall be replaced with "K.S.A. 65-664, and amendments thereto"; and

(B) in the second sentence of regulation 11(b), the blank line following "agents of the" shall be replaced with "Kansas department of agriculture";

(2) the text titled "official feed terms" on pages 314 through 323; and

(3) the text titled "official names and definitions of feed ingredients as established by the association of American feed control officials" on pages 324 through 415.

(b) Copies of the material adopted by reference in this regulation may be obtained from the office of the agricultural commodity assurance program, Kansas department of agriculture, Topeka, Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1011 and K.S.A. 2009 Supp. 2-1013; implementing K.S.A. 2009 Supp. 2-1002 and K.S.A. 2009 Supp. 2-1013; effective May 1, 1981; amended May 1, 1982; amended May 1, 1984; amended May 1, 1988; amended Oct. 21, 1991; amended Dec. 12, 1994; amended June 15, 2001; amended Jan. 18, 2008; amended, T-4-1-5-11, Jan. 5, 2011; amended April 29, 2011.)

Kan. Admin. Regs. § 4-3-49 Good manufacturing practices; adoption by reference

(a) Except for those portions excluded by this subsection, 21 CFR Parts 225 and 226, as revised on April 1, 2010, are hereby adopted by reference and shall apply to good manufacturing practices for the production of commercial feeding stuffs in Kansas:

(1) Subpart (c) of section 225.1 is not adopted by reference.

(2) In section 225.115(b)(2), the following language shall be deleted: ", under §510.301 of this chapter."

(3) Subpart (b) of section 226.1 is not adopted by reference.

(b) Copies of the regulations, or pertinent portions of the regulations, shall be available from the office of the agricultural commodity assurance program, Kansas department of agriculture, Topeka, Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2010 Supp. 2-1013; effective, T-88-46, Nov. 10, 1987; effective May 1, 1988; amended Oct. 21, 1991; amended Dec. 12, 1994; amended, T-4-2-13-01, Feb. 13, 2001; amended June 15, 2001; amended Jan. 18, 2008; amended Sept. 9, 2011.)

Kan. Admin. Regs. § 4-3-50 Good manufacturing practices; definitions

The following terms as used in 21 C.F.R. Parts 225 and 226, which are adopted by reference in K.A.R. 4-3-49, shall have the following meanings: (a) The term "form," referred to either by number or by any other designation, shall mean a form supplied by the agricultural commodity assurance program, Kansas department of agriculture.

(b) The term "state feed control officials" shall mean the secretary of the Kansas department of agriculture or the secretary's authorized representative.

(c) The term "center for veterinary medicine" shall mean the agricultural commodity assurance program, Kansas department of agriculture unless the context requires otherwise.

(d) The term "type A medicated article" shall mean a feeding stuff or ingredient for a feeding stuff that is intended solely for use in the manufacture of either another type A medicated article or a type B or type C medicated feed.

(e) The term "type B medicated feed" shall mean a feeding stuff or an ingredient for a feeding stuff that contains a substantial quantity of nutrients including vitamins or minerals or other nutritional ingredients in an amount not less than 25% of the weight of the type A medicated article and that is intended solely for the manufacture of other medicated feeds, either type B or type C.

(f) The term "type C medicated feed" shall mean a feeding stuff or an ingredient for a feeding stuff that contains a substantial quantity of nutrients including vitamins, minerals, or other nutritional ingredients and that is intended as the complete feed for the animal.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2009 Supp. 2-1013; effective, T-88-46, Nov. 10, 1987; effective May 1, 1988; amended April 29, 2011.)

Kan. Admin. Regs. § 4-3-51 Prohibited feeding stuffs; adoption by reference

(a) The following portions of 21 CFR Part 589, revised on April 1, 2010, with the changes specified in this subsection, are hereby adopted by reference and shall apply to the production of all commercial feeding stuffs and custom-mixed feed in Kansas:

(1) The second sentence of section 589.1000 shall be replaced with the following sentence: "Use of gentian violet in animal feed causes the feed to be adulterated under K.S.A. 65-664."

(2) The second sentence of section 589.1001 shall be replaced with the following sentence: "Use of propylene glycol in or on cat food causes the feed to be adulterated under K.S.A. 65-664."

(3) In section 589.2000(d)(5), "Food and Drug Administration" shall be replaced with "Kansas department of agriculture."

(4) In section 589.2000(f), "Food and Drug Administration" shall be replaced with "Kansas department of agriculture."

(5) In section 589.2000(g)(1), "section 402(a)(2)(C) or 402(a)(4) of the act" shall be replaced with "K.S.A. 65-664."

(6) In section 589.2000(g)(2), "section 403(a)(1) or 403(f) of the act" shall be replaced with "K.S.A. 65-665."

(7) In section 589.2000(h)(2), "Food and Drug Administration" shall be replaced with "Kansas department of agriculture."

(8) In section 589.2001(c)(2)(vi), "Food and Drug Administration" shall be replaced with "Kansas department of agriculture."

(9) In section 589.2001(c)(3)(i), "Food and Drug Administration" shall be replaced with "Kansas department of agriculture."

(10) In section 589.2001(d)(1), "section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the act)" shall be replaced with "K.S.A. 65-664 and K.S.A. 2-1011."

(11) In section 589.2001(d)(2), "section 402(a)(2), 402(a)(3), or 402(a)(5) of the act" shall be replaced with "K.S.A. 65-664 and K.S.A. 2-1011."

(12) In section 589.2001(d)(3), "section 403(a)(1) or 403(f) of the act" shall be replaced with "K.S.A. 65-665 and K.S.A. 2-1011."

(13) In section 589.2001(d)(4), "section 402(a)(4) of the act" shall be replaced with "K.S.A. 65-664 and K.S.A. 2-1011."

(14) In section 589.2001(e), "Food and Drug Administration" shall be replaced with "Kansas department of agriculture."

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2010 Supp. 2-1013; effective, T-4-2-13-01, Feb. 13, 2001; effective June 15, 2001; amended Jan. 18, 2008; amended Sept. 9, 2011.)

Article 4 Commercial Fertilizers

Kan. Admin. Regs. § 4-4-1 Micronutrients

Additional plant nutrients, besides nitrogen, phosphorus and potassium, when mentioned or claimed on the label or container shall be registered and shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed shall be shown on the application for registration. When claims for such nutrients are made on the label, container, or application for registration, the minimum percentages which will be accepted for registration are as follows:

Guarantees or claims for the above-listed additional plant nutrients are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer shall be furnished with the application for registration upon request. Warning or caution statements are required on the label for any product which contains 0.03% or more of boron in a water-soluble form or 0.001% or more of molybdenum. Any of the above-listed elements which are guaranteed shall appear in the order listed, immediately following guarantees for the primary nutrients, nitrogen, phosphorus and potassium.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-1210; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 4-4-2 Inspection fee

The inspection fee for commercial fertilizers shall be $1.67 for each 2,000 pounds.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1205, as amended by L. 2002, Ch. 181, § 1; effective, T-83-35, Nov. 10, 1982; effective May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended, T-87-6, May 1, 1986; amended May 1, 1987; amended, T-4-6-22-89, June 22, 1989; amended Aug. 14, 1989; amended Oct. 25, 2002.)

Kan. Admin. Regs. § 4-4-900 Definitions

(a) "Alternative design" means any process or technique for either primary or secondary containment that has been approved by the secretary in accordance with K.A.R. 4-4-956.

(b) "Application equipment" means any equipment used to apply fertilizer to land.

(c) "Appurtenance" means any device used in connection with a bulk fertilizer storage container or bulk fertilizer secondary containment area, structure, or device, including any safety device, liquid-level gauging device, auger, pump, valve, pipe, hose, fitting, and measuring or dispensing device.

(d) "Berm" means a dike, wall, or embankment used to contain liquid fertilizer.

(e) "Bladder tank" means any liquid fertilizer storage system consisting of the following:

(1) An external tank capable of holding the bladder tank's maximum volume without leakage;

(2) an internal, liquid-tight bladder that obtains its structural support from the external tank and is capable of holding the bladder tank's maximum volume without leakage; and

(3) a permanent cover to prevent the entry of precipitation.

(f) "Blending" means combining fertilizers or fertilizer ingredients to the customer's specifications.

(g) "Bulk fertilizer" means any fertilizer, whether dry or liquid, that is stored in quantities specified in K.A.R. 4-4-900 through K.A.R. 4-4-986.

(h) "Bulk fertilizer storage container" means any receptacle or device in which a bulk fertilizer is stored.

(i) "Bulk fertilizer storage facility" and "facility" mean any warehouse or other area where a bulk fertilizer, either in bulk or bagged, is held for storage. These terms shall include any facility in which fertilizer is mixed, blended, loaded, or unloaded. Each bulk fertilizer storage facility located within 300 feet of another facility owned or operated by the same person shall be considered the same facility for the purpose of determining the number of consecutive days in storage and determining whether the facility is exempt from the requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986.

(j) "Chemically compatible" means that the material will not react adversely with the bulk fertilizer that is being or will be stored, loaded, unloaded, mixed, blended, or otherwise handled.

(k) "Discharge" means any spill, leak, deposit, pumping, dumping, or emptying, whether accidental or intentional, that results in the release of a fertilizer. This term shall not include the lawful transferring, loading, unloading, repackaging, refilling, distributing, using, or disposing of a fertilizer, and the normal washing and rinsing activities on loading areas.

(l) "Dry fertilizer" means any fertilizer that is in solid form before any end-use application or mixing or blending for end-use application. This term shall include formulations including dusts, powders, and granules.

(m) "Elephant ring" means an open-top storage container that serves as a secondary containment vessel into which a smaller primary storage container has been placed.

(n) "Empty storage container" means a bulk fertilizer storage container that has a liquid volume of less than one percent of the container capacity.

(o) "End-use application" means the application of fertilizer to soil or plants in the course of normal agricultural or horticultural practice.

(p) "Existing facility" means any facility already built and either in operation or capable of being in operation on the effective date of these regulations.

(q) "Fertilizer products" means any substance, including rinsates, that contains elements or compounds used to promote the growth of agricultural or horticultural plants.

(r) "Floodplain" means the lowlands and relatively flat areas adjoining inland waters, including flood-prone areas that are inundated by floods and that have a one percent or greater chance of recurring flooding in any given year.

(s) "Flood-proof facility" means a facility that has been constructed and maintained to withstand waters from a 100-year flood event and prevent floodwater from contacting the fertilizer.

(t) "Gallon" means the United States standard measure of one gallon.

(u) "Inspection port" means a secured opening that allows access into the interior of a bulk fertilizer storage container for the purpose of inspection.

(v) "Liquid fertilizer" means any bulk fertilizer in liquid form before dilution for end-use application. This term shall include solutions, emulsions, suspensions, slurries, and gels. This term shall not include anhydrous ammonia.

(w) "Loading pad" means a permanent or portable structure in the operational area designed and constructed to intercept and contain spills, rinse water, and precipitation to prevent runoff and the leaching of fertilizer.

(x) "Low-volume pass-through" means the tonnage of fertilizer transferred away from the facility, during any consecutive 365-day period, below which an operational area shall not be required.

(y) "Mixing" means the combining of fertilizers or fertilizer ingredients into a fertilizer product for resale to nonspecific customers.

(z) "Mobile storage container" means a bulk fertilizer storage container that is used for transportation or temporary storage of bulk fertilizer.

(aa) "Modification" means any change in structures, processes, or activities at a bulk fertilizer storage facility that alters the efficacy of containment structures or systems, including changes in capacity. Modification to an existing facility shall void any applicable exemption as specified in this article. "Modified" shall describe a fertilizer facility that has any modifications, as defined in this subsection.

(bb) "Operational area" means any area at the fertilizer facility where fertilizers are mixed, loaded, unloaded, or blended, or where fertilizers are washed from application, storage, or transportation equipment.

(cc) "Permanent cessation of operations" means that, for at least 12 consecutive months, the facility has not been used to load, unload, mix, or blend any fertilizers.

(dd) "Plot plan" means a map or diagram showing the general layout of the facility.

(ee) "Primary containment" means the bulk fertilizer storage container that is in direct contact with the fertilizer being stored.

(ff) "Process flow diagram" means a schematic design showing the movement of fertilizer through the facility.

(gg) "Reasonably foreseeable" means what the secretary determines would have been foreseeable at the time the decision affecting the facility or its condition was made. This term shall include consideration of the facility owner's or operator's knowledge of conditions at the time the condition was created or the decision was made.

(hh) "Secondary containment" means any structure, tank, liner, or container that is designed, constructed, and maintained to perform the following:

(1) Intercept, hold, contain, or confine a discharge of fertilizer from primary containment;

(2) prevent runoff; and

(3) avoid leaching.

(ii) "Secretary" means the secretary of the Kansas department of agriculture or the secretary's authorized representative.

(jj) "Sump" means a recessed reservoir designed to be a receptacle for the collection of liquids.

(kk) "Temporary storage" means the storage of bulk fertilizer for no more than 60 consecutive days.

(ll) "Tip tank" means any tank or combination of tanks that is built on a frame having wheels and that is designed solely for the temporary storage of liquid fertilizer before its transfer to application equipment and not for the transportation of liquid fertilizer.

(mm) "Ton" means 2,000 pounds.

(nn) "Wastewater" means any water that is a result of precipitation collected in the facility or rinsates from cleaning the equipment or facility.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993; amended, T-4-7-1-94, July 1, 1994; amended Aug. 22, 1994; amended July 18, 2003.)

Kan. Admin. Regs. § 4-4-901 Storage containers and appurtenances; basic requirements

(a) Each storage container and appurtenance shall be constructed, installed and maintained to prevent the discharge of fluid fertilizer.

(b) Each storage container and appurtenance shall be constructed of materials which are resistant to corrosion, puncture or cracking.

(c) All materials used in the construction or repair of any storage container or appurtenance shall not be of a type which react either chemically or electrolytically with stored fluid fertilizer and which might weaken the storage container or appurtenance, or create a risk of discharge.

(d) All metals used for valves, fittings and repairs shall be compatible with the metals used in the construction of the storage container or appurtenance, so that the combination of metals does not cause or increase any corrosion which might weaken the storage container or any appurtenance, or create a risk of discharge.

(e) Each storage container and appurtenance shall be designed to handle all operating stresses, taking into account static-head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the storage container and appurtenance may be subject in the foreseeable course of operations.

(f) Every storage container connection shall be equipped with a shut-off valve located on the storage container as indicated by standard engineering practice except for any safety relief connection. Shut-off valves shall be left closed and secured except during periods of use.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-902 Prohibition against underground storage

(a) From and after the effective date of this regulation, no person shall construct new storage containers for underground storage of fluid fertilizer. This prohibition does not apply to:

(1) a watertight catch basin used for the temporary collection of runoff or rinsate from transfer and loading areas; or

(2) storage in a stainless steel storage container, or other approved storage container, if:

(A) the storage container is enclosed within an approved liner as required by K.A.R. 4-4-933; and

(B) an approved program of ground water monitoring has been established to detect leakage.

(b) From and after the effective date of this regulation, wherever an underground storage container for the storage of bulk fertilizer already exists, a leak detection and liquid recovery system shall be installed within the time prescribed by K.A.R. 4-4-952.

(c) The liquid recovery portion of the system shall be located under the lowest area of the storage container and shall contain:

(1) a moisture barrier located below the storage container extending at least to the storage container's edges and draining into a collection sump;

(2) a collection sump equipped with a liquid activated pump to transfer collected liquid to another storage container located on or above ground level; and

(3) an alarm system which is activated whenever the pump is activated and which remains activated until manually reset.

(d) For purposes of this regulation, the term "underground storage container" includes every storage container having more than 10% of its capacity, including the capacity of any piping, located below the soil surface.

(e) From and after January 1, 1994, no fertilizer shall be stored in an underground storage container.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-903 Prohibited materials

(a) Storage containers, elephant rings, and appurtenances shall not be constructed of copper, brass, zinc, or copper-base alloys unless recommended in writing by the manufacturer.

(b) Storage containers, elephant rings, and appurtenances used for the storage of fluid fertilizers containing phosphates or chlorides shall not be constructed of aluminum or aluminum alloys unless recommended in writing by the manufacturer.

(c) Storage containers, elephant rings, and appurtenances used for the storage of fertilizers or fluid fertilizer materials which have a pH of five or less shall not be constructed of ferrous materials other than stainless steel unless the ferrous materials have been coated or treated with protective substances adequate to prevent corrosion caused by the substance being stored or unless recommended in writing by the manufacturer.

(d) Storage containers, elephant rings, and appurtenances used for the storage of aqueous solutions of anhydrous ammonia shall not be constructed of galvanized brass or bronze materials and shall not be constructed of mild steel, stainless steel, aluminum, fiberglass, polyolefins or plastic unless recommended by the manufacturer.

(e) Storage containers, elephant rings, and appurtenances used for the storage of phosphoric acid shall not be constructed of ferrous materials other than stainless steel unless the container is lined with a suitable substance to prevent corrosion caused by the substance being stored unless recommended in writing by the manufacturer.

(f) Storage containers, elephant rings, and appurtenances used for the storage of fluid fertilizers containing potassium chloride shall not be constructed of ferrous materials other than stainless steel or mild steel, unless:

(1) the container and appurtenances have been coated or treated with protective substances which are adequate to prevent corrosion resulting from the material being stored; or

(2) unless storage of fluid fertilizers containing potassium chloride in storage containers constructed of ferrous materials other than stainless steel or mild steel has been recommended in writing by the manufacturer of the container; and

(3) the container or appurtenance is used for storage periods of not more than a total of 90 calendar days within any period of 365 consecutive days. In such instances, the storage container shall be completely emptied between storage periods; or

(4) the empty container and appurtenances are cleaned and inspected for leaks prior to being refilled.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-904 Grounding and anchoring storage containers

Storage containers shall be anchored, as necessary, to prevent flotation or instability which might occur as a result of liquid accumulations within a secondary containment facility constructed in accordance with K.A.R. 4-4-900 et seq. Metal storage containers shall be grounded when necessary to prevent corrosion or other damage which may be caused by electrolytic reaction with the material being stored.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-905 Security

(a) All storage containers and appurtenances shall be either locked, located within a fenced enclosure or otherwise adequately secured to provide reasonable protection against vandalism or unauthorized access which might result in a discharge of fertilizer or fertilizer materials.

(b) Valves on storage containers shall be locked or otherwise secured except when persons responsible for facility security are present at the facility.

(c) Valves on nurse tanks and other mobile fertilizer containers parked overnight at a storage facility shall be adequately secured, locked or located within a fenced enclosure except when persons responsible for facility security are present at the facility.

(d) Valves on empty containers need not be secured.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-906 Filling storage containers

Storage containers shall not be filled beyond the capacity for which they are designed taking into account the density of the fluid being stored and the thermal expansion of the stored material during storage.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-907 Pipes and fittings

Pipes and fittings shall be adequately supported to prevent sagging and possible breakage due to gravity and other forces which might be encountered in the ordinary course of operations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-908 Liquid-level-gauging device

(a) Except as provided in paragraph (b) of this regulation, each storage container shall be equipped with a liquid-level-gauging device by which the level of fluid in the storage container can be readily and reliably measured.

(b) A liquid-level-gauging device shall not be required if the level of fluid in a storage container can be readily and reliably measured by other means approved by the secretary.

(c) Liquid-level-gauging devices shall be locked or secured, in a safe manner, to protect against breakage or vandalism which could result in a discharge.

(d) External sight gauges shall be prohibited unless:

(1) the gauge has a positive shut-off valve constructed from stainless steel;

(2) all pipes or other plumbing components which connect the shut-off valve to the storage container shall be constructed from stainless steel;

(3) the sight gauge's shut-off valve remains closed except when the amount of material stored in the storage container is being determined; and

(4) the shut-off valve is located on the storage container in a location which is readily accessible and which conforms to the storage container manufacturer's specifications.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-909 Labeling of storage containers

(a) Each storage container or building in which fertilizer or fertilizer materials are stored shall be clearly marked with a description of the contents.

(b) In lieu of marking the building or storage container, a sign containing a written description of the fertilizer or fertilizer materials being stored may be posted outside the container.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-910 Inspection and maintenance

(a) On a regularly scheduled basis, at least monthly, the operator of a storage facility shall:

(1) routinely inspect and maintain storage facilities, storage containers and appurtenances to minimize the risk of a discharge;

(2) inspect valves and other appurtenances for leakage; and

(3) make a written record of all inspections and major maintenance or repair on the day of the inspection, maintenance or repair.

(b) Inspection and maintenance records shall be kept at the storage site, or at the nearest local office from which the storage site is administered.

(c) For the purposes of this regulation, major maintenance or repair means any repair or maintenance which requires taking the pump appurtenance or storage container affected out of service.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-911 Operational area containment for fertilizer

(a) Loading pads.

(1) Each area or pad used for loading fluid bulk fertilizer into storage containers or for unloading fluid bulk fertilizer from storage containers into mobile containers shall be curbed and paved with asphalt, concrete or other similar material approved by the secretary or be otherwise adequately designed to contain and allow recovery of any discharged fertilizer materials resulting from loading or unloading fertilizer materials or rinsates resulting from the cleaning of fertilizer application equipment.

(2) Each area or pad shall be sufficient to hold the entire mobile container during loading or unloading. This pad shall be designed, constructed and maintained to handle all reasonably foreseeable loading conditions to which it is exposed. Cracks and seams shall be kept sealed.

(3) Each area or pad shall be designed to prevent accumulation and overflow resulting from precipitation.

(4) Any cleaning at the storage facility of equipment used to apply fertilizer or fertilizer materials shall be cleaned upon a loading pad or area described in subsections (1), (2) and (3) of this section.

(5) Each facility where 125 tons or more of liquid fertilizer or 25 tons or more of dry fertilizer are received into or transferred out of one or more storage containers located at the facility during any period of 365 consecutive days shall have at least one loading pad or area which complies with the provisions of this regulation.

(b) Catch basins.

(1) The curbed and paved surface of the loading pad or area shall form or drain into a liquid-tight catch basin. If the curbed and paved surface of the loading pad or area drains to a sump, the catch basin may include the sump and an above-ground container if a pump is installed which transfers the contents of the sump into the above-ground container.

(2) The curbed surface and catch basin shall be of adequate design and size to contain a combined total of 110% of the largest volume of fertilizer or fertilizer material to be loaded or unloaded or 5,500 gallons of fluid whichever is greater and a minimum of 2,000 gallons of discharged fluid.

(d) Protection of containers and appurtenances. Each storage container and appurtenance, including pipes, shall be protected against any reasonably foreseeable risk of damage by trucks and other moving vehicles engaged in the loading or unloading of bulk fertilizer.

(e) Exceptions.

(1) This regulation shall not apply to the unloading of fertilizer or fertilizer materials from a mobile container into an application device at the site where the fertilizer is to be applied.

(2) In lieu of the requirements of paragraphs (a) and (b) of this regulation, a portable pad or device which provides confinement and allows recovery of fertilizer leaks, spills or other discharged fertilizer and which has been approved by the secretary may be used during the loading and unloading of fertilizer from rail cars.

(3) This regulation shall not apply to the unloading of rail cars directly into a permanent riser or manifold system which has been approved by the secretary as part of storage facility which complies with the requirements of K.A.R. 4-4-900 et seq.

(4) This regulation shall not apply to any storage facility through which a volume of less than 125 tons of liquid fertilizer or less than 25 tons of dry fertilizer is sold or transferred in any period of 365 consecutive days.

(f) Inspection and maintenance.

(1) The operator of every storage facility shall routinely inspect and maintain loading pads and catch basins. These inspections shall be conducted on a regularly scheduled basis at least monthly.

(2) The operator of a storage facility shall make a written record of each inspection and each major maintenance or repair on the day of the inspection, maintenance or repair. Inspection and maintenance records shall be kept at the storage site or at the nearest local office from which the storage site and operational area is administered.

(3) For the purposes of this regulation, major maintenance or repair means any repair or maintenance which requires taking the pump appurtenance or storage container affected out of service.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-912 Abandoned containers

(a) Each storage container and other container used at a storage facility to hold fluid bulk fertilizer or fertilizer rinsate shall be deemed abandoned if:

(1) it has been out of service for more than six consecutive months because of a weakness or leak;

(2) or it has been out of service for any reason other than nonuse for more than two consecutive years.

(b) Each abandoned underground container, including each abandoned underground catch basin, shall be thoroughly cleaned and removed from the ground or filled with an inert solid. Each connection and vent in such a container shall be disconnected and sealed. A record of the catch basin size, location, and method of closing shall be maintained at the storage facility as provided in K.A.R. 4-4-921.

(c) Each abandoned aboveground container shall be thoroughly cleaned. All hatches on each such container shall be closed, and all valves or connections shall be closed and sealed.

(d) A secondary containment facility shall not be deemed abandoned merely because there have been no discharges into it.

(e) Prior to placing an abandoned container back into service, the container shall have been inspected for compliance with the provisions of K.A.R. 4-4-900 et seq.

(f) For each tank which will remain unused for a period of at least two years, the owner of a fertilizer storage facility shall notify the secretary of the date when the tank is taken out of service and the date it is returned to service.

(g) All records required to be kept pursuant to this regulation shall be made available to the secretary as specified in K.A.R. 4-4-921.

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History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-920 Storage and handling of dry bulk fertilizer

(a) Dry fertilizer materials shall be stored and handled in a manner which prevents pollution of groundwater by minimizing losses of the dry fertilizer or dry fertilizer materials to the air, surface water, groundwater, or subsoil.

(b) Non-fluid fertilizer or fertilizer materials shall be stored inside a properly designed structure or device with a cover or roof top, sidewalls and base sufficient to prevent fertilizer contact with precipitation and surface waters. Floors and sidewalls shall be strong enough to support the weight of the fertilizer being stored.

(c) All loading, unloading, mixing and handling of dry fertilizer, unless performed in the field where applied, shall be done using a containment method, device, or structure, which is of a size and design that will contain the fertilizer and can be operated to minimize emission of dust, vapors or both beyond the facility boundaries. Any collected materials shall be applied to a field at agronomic fertilizer rates or be otherwise recycled with other fertilizer mixes.

(d) Handling or work areas where any dry fertilizer is stored, loaded, unloaded or handled shall be constructed of concrete, asphalt or other material that is sealed with a product approved by the secretary to maintain a permeability rate at least equivalent to that of concrete or asphalt.

(e) Conveyors and augers shall be equipped with dust control boots or socks.

(f) Roof and surface runoff water shall be diverted away from the fertilizer buildings or loading area by use of grading or other means of water diversion.

(g) Railside unloading areas shall have a large enough area, including the area between the rails, surfaced with concrete or asphalt to provide for sufficient clean-up of all spilled fertilizer materials. As an alternative, a portable device approved by the secretary may be used if the user demonstrates that all spilled materials can be controlled and contained by the device.

(h) All doors shall be locked when facility is not in use.

(i) Mixing and blending devices shall be covered with a suitable roof or otherwise be suitably designed and installed to prevent rain, sleet, snow or hail from coming into contact with the dry fertilizer.

(k) The name of the storage facility and the name and telephone number of individuals who may be contacted in case of emergency shall be posted on the storage facility using letters not less than two inches high.

(l) Buildings used to store dry fertilizer or fertilizer materials shall be marked with a general description of their contents.

(m) Handling or working areas where dry fertilizers are stored, loaded, unloaded or handled shall be cleaned daily after use.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-921 Record keeping

(a) Records required to be maintained. Each of the following records shall be prepared by the operator of the storage facility and kept at the storage facility affected, or at the nearest local office from which the storage facility is administered.

(1) A record shall be completed on the day of discovery of all discharges of either 1,000 pounds or more of dry fertilizer outside the handling or working area or 100 gallons or more of liquid fertilizer into the secondary containment structure or area or any other portion of the storage facility including:

(A) the date and time of discharge, if known;

(B) the type of fluid or dry bulk fertilizer discharged;

(D) the cause of the discharge;

(E) the action taken, if any, to control or recover the discharged fertilizer; and

(F) the method of use or disposal of any recovered discharge. Updates of this record shall be made promptly showing the measures taken to control, recover, use or dispose of the discharge.

(2) An inventory record shall be kept of each fertilizer product.

(3) Any difference between the volume of each fertilizer product as shown in the inventory and the volume as measured which exceeds one per cent for a liquid fertilizer product or two per cent for a dry fertilizer product shall be reported to the secretary within three working days.

(4) A semi-annual inventory reconciliation shall be made at the end of June and December each year which shows the amount of fluid and dry bulk fertilizer which has been lost or unaccounted for from each storage container.

(5) Any difference between the volume of each fertilizer product as shown in the inventory and the volume as shown in the preceding inventory reconciliation which exceeds one per cent of the current inventory for each liquid fertilizer product or two per cent of the current inventory for each dry fertilizer product shall be reported to the secretary within three working days.

(6) A record shall be kept of the dates storage containers, appurtenances, operational area containment facilities, and secondary containment facilities were inspected and what maintenance or repairs, if any, were made.

(7) A record shall be kept listing the size and location of each abandoned storage container, if any.

(b) Period required for maintenance of records.

(1) Except as provided in subparagraph (b)(2), the records required by paragraph (a) shall be maintained for at least 5 years.

(2) Records required under subparagraph (a)(7) of this regulation shall be maintained as permanent records.

(3) Except for records required by paragraph (a), all other records required by K.A.R. 4-4-900 et seq. shall be maintained for at least 3 years.

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History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-922 Discharge response plan

(a) The operator of each storage facility shall prepare a written discharge response plan for the storage facility. This plan shall include:

(1) the name and telephone number of each person or agency which is to be contacted in the event of a discharge, including any persons responsible for the stored fertilizer;

(2) a complete copy of the storage container labeling required by K.A.R. 4-4-909 for each bulk fertilizer stored and the labeling required under K.S.A. 2-1201 et seq. for each fertilizer stored;

(3) identification, by location, of each storage container and the type of bulk fertilizer stored in it;

(4) the procedures to be used in controlling and recovering, or otherwise responding to a discharge for each type of bulk fertilizer stored at the facility; and

(5) the procedures for using or disposing of a recovered discharge.

(b) The operator shall keep the discharge response plan current at all times and shall update it at least annually.

(c) A copy of the discharge response plan shall be kept readily available at both the storage facility and the nearest local office from which the storage facility is administered.

(d) The operator of the storage facility shall provide a current copy of the plan to the local fire and police departments and the secretary.

(e) As an alternative, any environmental response plan or other plan which has been prepared to meet the requirements of another law or regulation, either state or federal, which contains the information required by this regulation may be accepted by the secretary.

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History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-923 Existing storage tanks which have a capacity of 100,000 gallons or more

(a) Liquid fertilizer storage containers with a capacity of 100,000 gallons or more shall be located within an approved secondary containment area designed to allow the containment and recovery of any discharged fertilizer material.

(b) Unless otherwise approved pursuant to K.A.R. 4-4-956, the surface supporting the storage container shall be elevated above the surrounding surface of the containment area so that the lowest point of the storage container shall be at least six inches above the surrounding surface of the containment area to permit visual identification of any leaks which may develop in the floor of the storage container.

(c) This regulation shall apply to all storage containers with a capacity of 100,000 gallons or more which were placed in service on or before January 13, 1991.

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History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-4-924 Storage tanks which have a capacity of 100,000 gallons or more; new construction

(a) This regulation shall apply to all storage containers with a capacity of 100,000 gallons or more which are constructed or placed in service on or after the effective date of this regulation.

(b) Liquid fertilizer storage containers with a capacity of 100,000 gallons or more shall be:

(1) located within an approved secondary containment area designed to allow the containment and recovery of any discharged fertilizer material; and

(2) placed on a surface which has been sealed with asphalt, concrete, attapulgite clay, sodium bentonite, or other material approved by the secretary.

(c) The bottom surface of the storage container shall be elevated above the surrounding surface of the containment area so that the lowest point of the storage container shall be at least six inches above the sealed surface to permit installation of a leak detection system.

(d) The leak detection system shall consist of:

(1) three or more perforated pipes or tile which shall:

(A) be placed on the sealed surface and below the storage container;

(B) be placed parallel to each other on not more than 10 foot centers; and

(2) any other leak detection system approved by the secretary.

(e) Unless otherwise approved pursuant to K.A.R. 4-4-956, each storage container shall be located in a secondary containment area which has been designed to permit both visual and sampling access to the leak detection system described in paragraph (d) of this regulation.

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History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-4-931 Approved secondary containment of bulk fertilizer; general requirements

(a) Primary containment of liquid bulk fertilizer shall be located within a secondary containment area. Diked areas shall be constructed with a base, perimeter wall and sloped floor drain, except as provided by K.A.R. 4-4-934.

(b) The diked secondary containment area for fluid bulk fertilizer shall be physically separated and distinct from any secondary containment area for pesticides or other nonfertilizer materials; however adjoining secondary containment areas may share common walls.

(c) The diked area for secondary containment of storage facilities shall be able to contain, below the height of the dike, at least 110% of the capacity of the largest storage container plus the volume displaced by all other storage containers, fixtures, and materials located within the diked area.

(d) All pumps used for handling liquid fertilizer shall be located within the secondary containment structure or area.

(e) Except where used as a method of monitoring a secondary containment system, drainage within or underlying the area to be diked shall be eliminated.

(f) This regulation shall apply to:

(1) each storage facility in existence on the effective date of this regulation which has a total storage capacity of 5,000 gallons or more;

(2) each storage facility in existence on the effective date of this regulation which has a total storage capacity of 2,000 gallons or more and less than 5,000 gallons where 125 tons or more of liquid fertilizer is received into or transferred out of one or more storage containers located at the storage facility during any period of 365 consecutive days; and

(3) each storage facility which was not in existence on the effective date of this regulation and which has a total storage capacity of 2,000 gallons or more.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-4-932 Secondary containment requirements; walls

(a) The walls of each secondary containment facility shall be constructed of earth, steel, concrete, solid masonry or any other material approved by the secretary, and be designed to withstand a full hydrostatic head of any discharged fluid and weight load of material used in construction.

(b) All cracks, joints, and seams shall be sealed to prevent leakage.

(d) Earthen walls shall have a horizontal-to-vertical slope of at least three to one, unless a steeper slope is consistent with good engineering practice, and shall be packed and protected from erosion. An exterior slope of 30 degrees or less shall be protected with grass or crushed stone. Slopes greater than 30 degrees and all interior slopes shall be protected with flat road stone or a similar crushed stone material.

(e) Walls shall not exceed six feet in height above interior grade unless provisions are made for normal access, necessary emergency access to tanks, valves and other equipment, and safe exit from the secondary containment facility.

(f) Walls constructed of concrete or solid masonry shall rest upon a floating base of concrete prepared as required in K.A.R. 4-4-933 or upon suitable concrete footings which extend below the average frost depth to provide structural integrity.

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History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-4-933 Secondary containment requirements; lining

(a) General requirement. The base of a secondary containment facility, and any earthen walls of the facility shall be lined with asphalt, concrete, an approved synthetic liner, a clay soil liner or other product approved by the secretary, designed to limit permeability of the base and walls. Liners shall meet the requirements of this regulation.

(b) Asphalt or concrete liners. Asphalt or concrete liners shall be designed, according to good engineering practices, to withstand any foreseeable loading conditions, including a full hydrostatic head of discharged fluid and static loads of storage containers, including appurtenances, equipment, and contents. Cracks and seams shall be sealed to prevent leakage.

(1) All synthetic liners and installation plans shall be approved by the secretary. Until the manufacturer of the synthetic liner provides the secretary with a written confirmation of compatibility and a written estimate of the life of the liner, no approval shall be given.

(2) Synthetic liners shall not react either chemically or electrolytically with the materials being stored within the storage facility.

(3) Synthetic liners shall be installed according to manufacturer's specifications. All field constructed seams shall be tested and repaired, if necessary, in accordance with the manufacturer's recommendations.

(d) Clay soil liners. The surface soil, including the berm of an earthen dike and 10 feet beyond the berm, shall be sealed with a sealing agent such as sodium bentonite, attapulgite clay or a similar clay material approved by the secretary. The liner shall be constructed in accordance with reliable civil engineering recommendations to establish a barrier layer which will maintain a water level up to the working height of the containment structure for 72 hours, or a clay application which results in a downward water movement of not greater than one-half of an inch per 24 hour period. The floor of the containment area shall be protected with a layer of gravel, sand, earth or crushed stone at least six inches thick placed on top of the clay liner.

(e) Exemptions.

(1) A liner need not be installed directly under a storage container with a capacity of 100,000 gallons or more that has been constructed on site and put into use prior to the effective date of this regulation if all of the following conditions are met:

(A) A second bottom made of steel or other material approved by the secretary is constructed for the storage container, placed over the original bottom, and topped with a layer of smooth, fine gravel or coarse sand at least six inches thick;

(B) the original bottom of the storage container is tested for leaks before the sand layer or second bottom, as described in (A) are installed; and

(D) records of the tests described in (B) and (C) are kept on file at the storage facility, or at the nearest local office from which the storage facility is administered; and

(E) a method to readily detect leaks from the newly constructed bottom into the sand layer is in place.

(2) The secondary containment requirements in this regulation shall not apply to rail cars which are periodically removed from the storage facility.

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History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-4-934 Use of elephant rings for secondary containment

(a) Individual storage containers may be contained within an elephant ring as an alternative to a diked containment area. The elephant ring shall serve as a second containing wall in the event that the primary storage container develops a leak. The elephant ring shall be designed and installed to withstand a full hydrostatic head from the fluid stored in the enclosed primary storage container and all other stresses reasonably foreseeable from secondary containment of stored fertilizer.

(b) Both the primary storage container and the elephant ring shall be fabricated of materials compatible with each other and which do not react either chemically or electrolytically the fertilizer being stored. Use of any combination of metals or other materials which contribute to chemical or electrolytic corrosion is prohibited.

(c) The height of the elephant ring wall shall not exceed six feet. The volume contained within the secondary storage walls up to the working height of the elephant ring shall be sufficient to contain a volume of 110% of the volume contained in the primary storage container plus the volume displaced by the footings of any equipment such as pumps, meter or other devices, placed within the secondary containment vessel.

(d) The elephant ring shall be free of leaks and structural defects. The base of the elephant ring shall be protected from corrosion, both from inside and outside, and underlain:

(1) by a concrete pad; or

(2) with eight inches of compacted gravel beneath four inches of compacted sand; or

(3) as recommended by the manufacturer of the elephant ring and approved by the secretary.

(e) All piping connections to the primary storage container shall be made over the wall of the elephant ring and adequately supported and braced. Pumps and other fixtures, if located within the elephant ring containment structure, shall be placed on an elevated platform.

(f) Accumulations of storm water and other material shall be pumped over the wall of the elephant ring by a sump pump within the secondary container, or by an exterior pump, and disposed of according to K.A.R. 4-4-935.

(g) Inspection and maintenance of the primary storage container and of the elephant ring shall be conducted as required by K.A.R. 4-4-920, and records of inspections and maintenance shall be made and maintained as required by K.A.R. 4-4-921.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-4-935 Drainage from contained areas within secondary containment

(a) Earthen or prefabricated containment area. An earthen or prefabricated containment area shall not have a relief outlet and valve. The base shall slope to a collecting spot where storm water can be discharged by pump over the berm for use in the blending process or for proper disposal in accordance with local requirements for disposal of storm water.

(b) Asphalt or concrete lined areas.

(1) An asphalt or concrete lined area shall have a recessed catch drain running through the center of the base or a sump as provided for in K.A.R. 4-4-936.

(2) The catch drain shall be at least six inches deep and 12 inches wide with an open grate cover.

(3) The asphalt or concrete slab located beneath the catch drain shall be at least the same thickness below and to the sides of the drain as the base is throughout the contained area and comply with K.A.R. 4-4-933.

(4) The asphalt or concrete base shall slope to the drain, and the drain shall slope to a discharge valve at the edge of the dike.

(5) The discharge valve shall be closed and secured except when used permitted by K.A.R. 4-4-905.

(6) The discharge valve shall drain to an underground concrete sump. A self-priming recovery pump shall be used to move all materials from the sump to alternate storage. The sump tank shall not be used as a permanent storage container. It shall be pumped periodically to remove any water, fertilizer material or both which it collects.

(7) Precipitation may be used for make-up water in fertilizer mixes or disposed of in accordance with local requirements if it is compatible with fertilizer materials being handled at the storage facility.

(1) Earthen areas which are not lined with asphalt or concrete shall be lined with a synthetic liner approved by the secretary.

(2) Earthen areas lined with a synthetic liner shall be constructed as required in subsections (1) through (7) inclusive of section (b) of this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-4-936 Alternative to a recessed catch drain in containment areas

A sump may be located within the diked or secondary containment area as an alternative to the recessed catch drain if:

(a) the sump construction conforms to the thickness specifications for the remainder of the containment base;

(b) the sump is drained over the wall of the containment structure by means of a pump;

(c) no valve is plumbed into the sump unless the sump has a permanent catchment system as described in K.A.R. 4-4-911; and

(d) materials removed from the sump are disposed of in a manner consistent with K.A.R. 4-4-935.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-937 Inspection and maintenance requirements; secondary containment

(a) Every secondary containment area, structure or device shall be inspected by the operator of the storage facility at least every six months and be maintained as necessary to assure compliance with these regulations.

(b) The operator shall make a written record of all inspections and maintenance on the day of the inspection or maintenance which shall be kept at the storage facility or at the nearest local office from which the storage facility is administered.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-950 Time frames for submission of initial diagram or plans

(a) Within one year after the effective date of this regulation, the owner of each existing or proposed storage facility shall submit a diagram or plans of the storage facility containing the following information:

(1) the location and size of each storage container;

(2) the drainage pattern of the storage facility;

(3) any source of drinking water within the facility, if any;

(4) any source of ground or surface water within 1320 feet of the storage facility, if any;

(5) any tank or other container used for the storage of petroleum products within the storage facility, if any;

(6) the location of each pump, pipe or other appurtenance used in the storage or transfer of fertilizer within the storage facility, if any;

(7) the location of each pad used for the loading of bulk fertilizer, if any; and

(8) the location of the storage facility for the dry fertilizer, if any;

(9) the standards and specifications for the construction of the storage facility for dry fertilizer, if any;

(10) the size and location of each proposed secondary containment structure to be located within the storage facility to comply with the requirements of K.A.R. 4-4-900 et seq.;

(11) the size and location of each proposed loading pad or area to be located within the storage facility to comply with the requirements of K.A.R. 4-4-900 et seq.; and

(12) any other information required by the secretary.

(b) The diagram shall be drawn to an appropriate scale which permits all required information to be shown and be easily readable without magnification.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-951 Requirements for plans and specifications

(a) Whenever a storage facility is constructed or extensively remodeled or an existing structure is converted to use as a storage facility, properly prepared plans and specifications for the construction, remodeling or conversion shall be submitted by the owner of the storage facility to the secretary for review and approval before construction, remodeling or conversion is begun.

(b) The plans and specifications shall include the proposed layout, mechanical plans, construction materials, work areas, and type of equipment to be fixed and facilities which will be remodeled, converted or constructed.

(d) Any person, after submitting the plans required by this regulation, shall be given a time period not exceeding six months by the secretary in which to resubmit the plans with any corrections or additions required by the secretary.

(e) Upon approval of the plans by the secretary, the owner of the fertilizer storage facility shall be given a time period in which to complete any changes, corrections or additional construction at the storage facility as contained in the approved plans. The time period shall not exceed two years for the construction of loading pads and shall not exceed three years for the construction or installation of dikes or secondary containment facilities. Time periods shall run from the date the plans are approved.

(f) The secretary may grant additional time for construction or installation of storage containers, structures, dikes, or other equipment for good cause upon receipt of a written request. Such request shall state the reason for the additional time and the amount of additional time needed. The request may be granted if the request was made in good faith and the circumstances underlying the request were beyond the control of applicant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-952 Time frames for construction; liquid fertilizer storage facilities

(a) Within three years after approval of construction plans by the secretary, the owner of each storage facility shall complete construction or installation of secondary containment facilities required by K.A.R. 4-4-900 et seq.

(b) Within two years after approval of construction plans by the secretary, the owner of each storage facility shall complete construction or installation of loading and unloading pads required by K.A.R. 4-4-900 et seq.

(c) The secretary may grant additional time for construction or installation of storage containers, structures, dikes, or other equipment for good cause upon receipt of a written request. Such request shall state the reason for the additional time and the amount of additional time needed. The request may be granted if the request was made in good faith and the circumstances underlying the request were beyond the control of applicant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-953 Time frames for construction plans; dry fertilizer

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-954 Fertilizer discharge report requirement

Any discharge of either 1000 pounds or more of dry fertilizer outside the handling or working area or 100 gallons or more of liquid fertilizer into the secondary containment structure or area or any other portion of the storage facility shall be reported to the secretary within 48 hours.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

Kan. Admin. Regs. § 4-4-956 Alternative designs for bulk fertilizer storage facility

(a) A bulk fertilizer storage facility's alternative design that does not meet the requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986 may be approved by the secretary. The applicant shall provide proof sufficient to the secretary that the alternative design meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986.

(b) Each application for approval of an alternative design shall include the following:

(1) The plans and specifications required by the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;

(2) data from the manufacturer or designer of the proposed bulk fertilizer storage facility documenting that the alternative design meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;

(3) a description of the facility's system for the detection of leaks or other malfunctions that meets the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;

(4) a statement by a licensed professional engineer certifying that the design provides protection to the environment that meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986;

(5) the construction timelines; and

(6) any other relevant information regarding the safe handling of bulk fertilizers required by the secretary.

(c) Upon completion of construction and before using the bulk fertilizer storage facility, the owner or operator of the bulk fertilizer storage facility shall submit to the secretary a detailed record of construction and a statement certifying that the bulk fertilizer storage facility was constructed according to the approved application.

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History

History: (Authorized by and implementing K.S.A. 2-1227; effective Jan. 25, 1993; amended July 18, 2003.)

Kan. Admin. Regs. § 4-4-982 Marking of mobile storage containers

(a) Each owner or operator of any mobile storage container shall mark each mobile storage container with the following information on at least two opposing exterior surfaces of the container:

(1) The word "fertilizer";

(2) the name and address of, and the emergency contact information for, the individual, corporation, association, or entity responsible for the mobile storage container; and

(3) the type of fertilizer in the mobile storage container.

(b) All information required by this regulation shall be marked in letters and numbers at least two inches high and in colors that sharply contrast with the color of the background.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1227; effective, T-4-7-1-94, July 1, 1994; effective Aug. 22, 1994; amended July 18, 2003.)

Kan. Admin. Regs. § 4-4-983 Mobile storage containers

(a) Each mobile storage container or combination of mobile storage containers that has a combined storage capacity of 2,000 gallons or more and is used to store liquid fertilizer at the same location for more than 60 consecutive days of storage shall meet the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986.

(b) The 60-day period specified in subsection (a) of this regulation shall begin when the liquid fertilizer is delivered to an empty mobile storage container or when the mobile storage container is moved to a separate location more than 300 feet from the previous location and in accordance with K.A.R. 4-4-900(i) and K.A.R. 4-4-901.

(c) Each seller that delivers liquid fertilizers to any mobile storage container shall make and, for a minimum of three years, maintain records of the following for each delivery:

(1) The date of the delivery;

(2) the name of the person making the delivery;

(3) the number of gallons delivered;

(4) the legal description, to the nearest 10-acre quarter of the section, of the mobile storage container location at the time of delivery;

(5) a description of the fertilizer transported;

(6) the approximate quantity of fertilizer in the mobile storage container before delivery;

(7) the name of the owner or user of the mobile storage container; and

(8) the name and address of the buyer, seller, and transporting company, if different from the seller.

(d) Each seller shall provide written receipts containing the information specified in subsection (c) of this regulation to the owner or operator of the mobile storage tank, who shall retain these records for a minimum of three years.

(e) The records required by this regulation shall be made available to the secretary upon request.

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History

History: (Authorized by and implementing K.S.A. 2-1227; effective, T-4-7-1-94, July 1, 1994; effective Aug. 22, 1994; amended July 18, 2003.)

Kan. Admin. Regs. § 4-4-984 Mobile containers

Each mobile container used for the storage of liquid fertilizer shall meet the requirements of K.A.R. 4-4-901 and K.A.R. 4-4-903.

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History

History: (Authorized by and implementing K.S.A. 2-1227; effective, T-4-7-1-94, July 1, 1994; effective Aug. 22, 1994.)

Kan. Admin. Regs. § 4-4-985 Application for new or modified bulk fertilizer storage facilities

(a) Before beginning construction, the owner or operator of each proposed new or modified bulk fertilizer storage facility shall submit to the secretary a complete application. The applicant shall provide proof sufficient to the secretary that the design will meet or exceed the applicable requirements contained in K.A.R. 4-4-900 through K.A.R. 4-4-986.

(b)(1) Each application shall be submitted on forms provided by the secretary. Each applicant shall complete and submit the application according to the directions on the forms. The applicant shall identify all confidential business information. Each application shall include the following:

(A) A location area map;

(B) a detailed plot plan of the facility;

(D) detailed construction plans and specifications;

(E) a process flow diagram for the facility; and

(F) any additional relevant information regarding the safe handling of bulk fertilizers that the applicant or secretary deems necessary.

(2)(A) In addition to meeting the requirements listed in paragraph (b)(1) of this regulation, each application for a bladder tank shall also meet the requirements of K.A.R. 4-4-986.

(B) In addition to meeting the requirements listed in paragraph (b)(1) of this regulation, each application for an alternative design shall meet the requirements of K.A.R. 4-4-956.

(c) The application shall specify the physical location and the mailing address of the facility, if different from the address on the application.

(d) All construction plans and specifications for the facility submitted as part of the application shall be drawn to scale, be clearly and completely labeled, and be legible without magnification. The plans and specifications shall at a minimum contain the following:

(1) A plot plan or map of the property that shows all structures and the location of all wells, utility poles, and drainage systems on the site;

(2) the location of the facility relative to the floodplain;

(3) the approximate distance from, the direction to, and the identity of all lakes, streams, drainage ditches, and storm drains within 1,320 feet of the facility;

(4) the drainage pattern of the facility;

(5) the distance from and direction to all public and private water wells within the facility or within 1,320 feet of the facility;

(6) the location of all abandoned wells within 300 feet of the facility;

(7) the site soil characteristics;

(8) the depth to groundwater;

(9) the location of all utility service entrances and easements or rights-of-way within the facility;

(10) the construction plans for the secondary and operational area containment;

(11) the manufacturer's installation instructions, estimated life expectancy, and confirmation of compatibility with fertilizer material, if any synthetic liners, synthetic materials, or prefabricated basins are used in the containment structure; and

(12) the location of any tank or other container used for the storage of petroleum products within the storage facility, if any.

(e) Each set of construction plans and specifications for a bulk fertilizer secondary containment structure shall, at a minimum, contain the following:

(1) The size and location of each proposed secondary containment structure;

(2) the size and location of all bulk fertilizer storage containers or bins, pumps, piping, and appurtenances;

(3) the size and location of all operational areas and load pads;

(4) the drainage pattern and sump location; and

(5) the calculated capacity of each containment structure in gallons or cubic feet.

(f) Elevation plans or maps shall be included with the application and shall show the location of all bulk fertilizer storage tanks and their horizontal, raised, or vertical positioning within the secondary containment and a tank schedule that provides all of the following information for each tank:

(1) The construction material;

(2) the capacity;

(3) the diameter or dimensions;

(4) the height; and

(5) the date of installation.

(g) Each construction or modification project shall conform with the plans and specifications identified in the approved application and required by this regulation.

(h) Upon completion of construction or modification and before use of the newly constructed or modified portion of the facility, the owner or operator shall provide the secretary with certification that all construction or modification was completed in accordance with this regulation.

(i) Sources outside of the Kansas department of agriculture may be utilized by the secretary for assistance in evaluating any alternative design application submitted.

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History

History: (Authorized by K.S.A. 2-1227; implementing K.S.A. 2-1228; effective July 18, 2003.)

Kan. Admin. Regs. § 4-4-986 Liquid bulk fertilizer bladder tank requirements

(a) Each liquid bulk fertilizer bladder tank design shall be required to be approved by the secretary before use. Each applicant shall provide the information specified in this regulation to the secretary establishing that the bladder tank design meets or exceeds the applicable requirements of K.A.R. 4-4-900 through K.A.R. 4-4-986.

(b) Each application shall be submitted on one or more forms provided by the secretary. Each applicant shall complete these forms and submit the application in compliance with the directions on the forms. The applicant shall designate all trade secrets that the applicant wishes to be considered as confidential.

(c) Each application submitted for approval shall include the plans and specifications, which shall be certified and stamped by a registered professional engineer. These plans and specifications shall include the following:

(1) All information required by K.A.R. 4-4-985;

(2) the results of a soil compaction study and an evaluation of these findings showing that the underlying soil and support pad can support the weight of the filled tank;

(3) construction details of the support pad, including details of the external leak detection;

(4) the wind loading and buoyancy calculations for the tank when empty; and

(5) construction and assembly details of the tank and liner, which shall include the following:

(A) The liner manufacturer's detailed information, including liner thickness, composition, chemical compatibility, and life expectancy;

(B) a description of the protective barriers between the liner and the tank, including cross-sections of each wall and the floor;

(D) detailed information about roof support;

(E) detailed information about the method to be used to remove condensate, overage, and liner leakage, if any;

(F) detailed information about all external openings through the tank, including any leak detection ports, valves, manways, and other inspection ports;

(G) detailed information about all openings through the tank liner;

(H) detailed information about the liquid-level gauging device, including overage prevention;

(I) detailed information about the internal leak detection system;

(J) the method of securing the tank and appurtenances to prevent any discharge of stored fertilizer;

(K) each manufacturer's recommendations for inspection and maintenance of the tank, liner, and appurtenances and a statement specifying how these recommendations will be implemented; and

(L) any other relevant information regarding the safe handling of bulk fertilizer required by the secretary.

(d) All external appurtenances, including leak detection ports and valves, shall meet the following requirements:

(1) Be encased or enclosed to contain any leaks;

(2) have a leak detection method; and

(3) have a method to secure the enclosure from unauthorized access.

(e) All pipes outside the tank shall be double-walled from the storage tank to the loading pad and shall have a leak detection method.

(f) All tanks and appurtenances shall be protected from damage due to vehicle traffic.

(g) Each applicant shall verify the manufacturer's certification that the external tank has been built to the applicable provisions of the American petroleum institute's API standard 650, published November 1998 and including the January 2000 addenda, November 2001 addenda, and all appendices, which is hereby adopted by reference.

(h) Upon completion of construction and before use, the owner or operator of the facility shall submit to the secretary a detailed record of construction and a statement certifying that the facility was constructed according to the approved application.

(i) Each bladder tank shall be inspected and maintained according to the approved plan.

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History

History: (Authorized by K.S.A. 2-1227; implementing K.S.A. 2-1228; effective July 18, 2003.)

Article 5 Agricultural Liming Materials

Kan. Admin. Regs. § 4-5-3 Inspection tonnage report

(a) When a manufacturer, producer, or distributor submits a tonnage report which covers several locations, the report shall include the following:

(1) Name and address of each location registered; and

(2) The number of tons sold or distributed from each location.

(b) Each manufacturer, producer, or distributor shall keep adequate records for a period of three (3) years of the tonnage of agricultural liming material sold and distributed from each of its business locations within the state.

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History

History: (Authorized by K.S.A. 1981 Supp. 2-2910; implementing K.S.A. 1981 Supp. 2-2906; effective May 1, 1982.)

Kan. Admin. Regs. § 4-5-4 Agricultural liming material testing

The process for determining the effective calcium carbonate equivalent of agricultural liming materials shall be in accordance with Kansas state university's document titled "Kansas state university soil testing lab agricultural liming material testing procedure," dated October 15, 2015, which is hereby adopted by reference.

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History

History: (Authorized by K.S.A. 2-2910; implementing K.S.A. 2015 Supp. 2-2903 and 2-2907; effective April 15, 2016.)

Article 6 Certificate of Free Sale

Kan. Admin. Regs. § 4-6-1 Certificate of free sale; definitions

(a)(1) "Certificate of free sale" and "certificate" shall mean a written document in English that states that the product described in the document was manufactured in Kansas by a business whose owner or operator meets the following requirements:

(A) Holds a license, registration, permit, or other authority issued by the Kansas department of agriculture for that business; and

(B) complies with the requirements of the Kansas laws for distribution of the product in Kansas and, where applicable, the United States.

(2) "Person" shall mean any individual, partnership, association of persons, corporation, or governmental agency.

(3) "Secretary" shall mean the secretary of agriculture or a designee of the secretary.

(b)When used in a certificate of free sale, "U.S. regulations" shall mean those regulations promulgated by agencies of the federal government as follows:

(1) Regulations that have been adopted by reference in regulations of the Kansas department of agriculture; or

(2) regulations administered by the Kansas department of agriculture pursuant to a cooperative agreement with a federal agency.

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History

History: (Authorized by and implementing K.S.A. 2008 Supp. 74-5,100; effective Jan. 1, 2009; amended Nov. 20, 2009.)

Kan. Admin. Regs. § 4-6-2 Certificate of free sale

Any person may request one or more certificates of free sale by providing the following information to the secretary on a form provided by the Kansas department of agriculture:

(a) The name, address, and telephone number of the person requesting each certificate;

(b) the name of the licensed, registered, or permitted establishment where the product was manufactured;

(d) either an original label or an exact and unaltered photocopy of the label in English for the product;

(e) the country or countries to which the product is to be shipped;

(f) the number of certificates requested;

(g) if more than one product is included in the request, specification of which products are to be listed on each certificate; and

(h) the address to which each certificate is to be sent.

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History

History: (Authorized by and implementing K.S.A. 2008 Supp. 74-5,100; effective Jan. 1, 2009; amended Nov. 20, 2009.)

Kan. Admin. Regs. § 4-6-3 Certificate of free sale; fees

(a) Each person requesting a certificate of free sale shall pay a $25.00 fee for processing and a $3.00 fee for each duplicate certificate.

(b) No additional fee shall be charged if the certificate of free sale is sent by first-class U.S. mail to an address in the continental United States. The person requesting the certificate of free sale shall pay the actual costs for delivery of the certificate in any other manner or to any other address.

(c) Except as specified in subsection (d), all fees and costs shall be due upon issuance of the certificate of free sale.

(d) Issuance of a certificate of free sale may be refused by the secretary until payment of all fees and costs is received.

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History

History: (Authorized by and implementing K.S.A. 2017 Supp. 74-5,100; effective Jan. 1, 2009; amended June 15, 2018.)

Article 7 Milk and Dairy Products

Kan. Admin. Regs. § 4-7-2 Health of herd

(a) All ungraded raw milk shall be from herds, and additions to herds, that meet the requirements of sec. (D)(1) of "milk for manufacturing purposes and its production and processing," as adopted by reference in K.A.R. 4-7-213.

(b) Milk and cream from cows affected with mastitis or containing any residue from drugs used in the treatment of mastitis shall not be sold.

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History

History: (Authorized by K.S.A. 2001 Supp. 65-772 and K.S.A. 2001 Supp. 65-775, as amended by L. 2002, Ch. 181, § 16; implementing K.S.A. 2001 Supp. 65-773; effective Jan. 1, 1966; amended Jan. 14, 1991; amended Oct. 21, 1991; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-3 Production requirements

Each business owner or operator and each person subject to the Kansas dairy law shall ensure that the requirements in this regulation are met. (a) Milk barn. The milk barn shall be kept clean, dry, well lighted, well ventilated, and well drained. The floor shall be constructed so that it is easily cleanable. No swine, fowl, or horses shall be permitted in the milk barn.

(b) Milk room. A clean, sanitary, well-constructed building or room that is free from sources of contamination and is properly equipped to wash, sanitize, and store bottles and equipment shall be provided. The building or room shall be constructed in a manner preventing the entrance of dust, dirt, flies, and other pests or contamination. The building or room shall be well lighted and well ventilated.

(c) Utensils. All utensils used in handling milk or cream shall be easily cleanable, free of rust, and in good repair. These utensils shall be made from smooth, nonabsorbent, noncorrodible, nontoxic material. All milk pails shall be of the seamless, hooded type.

(d) Toilet. A sanitary toilet conveniently located and properly constructed shall be provided. The toilet shall be operated and maintained so that all waste is inaccessible to flies and does not pollute the surface soil or contaminate any water supply.

(e) Water supply. The water supply shall be easily accessible, adequate, and compliant with all applicable sanitary and quality standards.

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History

History: (Authorized by K.S.A. 2001 Supp. 65-772; effective Jan. 1, 1966; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-4 Handling requirements

(a) Cooling. All milk shall be cooled to 45° F or less within one hour after milking and shall be maintained at these temperatures until delivery to the consumer.

(b) Containers. All containers shall be stored in a sanitary place and manner and protected from possible contamination. All bottles, cans, and other multiuse containers shall be thoroughly washed and sanitized before each usage.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2001 Supp. 65-772 and 65-775, as amended by L. 2002, Ch. 181, § 16; implementing K.S.A. 2001 Supp. 65-773; effective Jan. 1, 1966; amended Jan. 14, 1991; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-6 Bacterial and coliform count

(a) Raw milk shall not have a bacterial plate count exceeding 100,000 per milliliter.

(b) Raw cream shall not have a bacterial plate count exceeding 200,000 per milliliter.

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History

History: (Authorized by K.S.A. 2001 Supp. 65-772; effective Jan. 1, 1966; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-213 Adoption by reference

The United States department of agriculture's recommended requirements titled "milk for manufacturing purposes and its production and processing," effective September 1, 2005, are hereby adopted by reference, except for the following: (a) Subpart A;

(b) subpart B, section B2, paragraphs (a), (b), (c), (d), (e), (f), (h), (i), (k), (m), (r), (s), (t), and (u);

(d) subpart F.

Copies of the pertinent portions of these requirements may be obtained from the Kansas department of agriculture.

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History

History: (Authorized by K.S.A. 2009 Supp. 65-772 and K.S.A. 65-775; implementing K.S.A. 65-773 and 65-775; effective, E-81-24, Aug. 27, 1980; effective May 1, 1981; amended May 1, 1986; amended, T-87-21, Aug. 21, 1986; amended May 1, 1987; amended Jan. 14, 1991; amended Feb. 27, 1998; amended Feb. 11, 2000; amended Dec. 20, 2002; amended Sept. 1, 2006; amended July 9, 2010.)

Kan. Admin. Regs. § 4-7-214 Additional definitions

Whenever the following terms are used in the United States department of agriculture's recommended requirements regarding "milk for manufacturing purposes and its production and processing," adopted by reference in K.A.R. 4-7-213, the terms shall have the meanings assigned in this regulation: (a) All references to "the act" or "act" shall mean K.S.A. 65-771 et seq., and amendments thereto.

(b) All references to "Brucellosis test" shall mean any and all requirements of the Kansas department of animal health pertaining to brucellosis.

(d) All references made to an "inspector" shall mean the individual who inspects for compliance with the Kansas dairy law.

(e) All references to "official methods" shall mean the "official methods of analysis of AOAC international," adopted by reference in K.A.R. 4-7-716.

(f) All references to "regulatory agency" shall mean the Kansas department of agriculture.

(g) All references to "standard methods" shall mean the edition of "standard methods for the examination of dairy products," adopted by reference in K.A.R. 4-7-716.

(h) All references to equipment, whenever "3-A sanitary standards," "3-A standards," "3-A suggested methods," and "3-A accepted practices" are used, shall mean that the equipment referred to in that context is 3-A sanitary standards-approved before use in producing manufacturing-grade milk.

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History

History: (Authorized by K.S.A. 2001 Supp. 65-772 and K.S.A. 2001 Supp. 65-775, as amended by L. 2002, Ch. 181, § 16; implementing K.S.A. 2001 Supp. 65-773, K.S.A. 2001 Supp. 65-775, as amended by L. 2002, Ch. 181, § 16, and K.S.A. 2001 Supp. 74-568; effective, E-81-24, Aug. 27, 1980; effective May 1, 1981; amended Jan. 14, 1991; amended Feb. 11, 2000; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-215 Insertions

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History

History: (Authorized by K.S.A. 75-1401 and L. 1990, Ch. 219, Sec. 17; implementing K.S.A. 65-701 as amended by L. 1990, Ch. 219, Sec. 1 and L. 1990, Ch. 219, Sec. 17; effective, E-81-24, Aug. 27, 1981; effective May 1, 1981; amended Jan. 14, 1991; revoked Feb. 11, 2000.)

Kan. Admin. Regs. § 4-7-507 Special dietary frozen desserts

(a) The term "special dietary frozen desserts" shall mean frozen dairy desserts for special dietary purposes that are made in semblance of ice cream or ice milk and that contain sweetening ingredients other than nutritive carbohydrate sweeteners.

(b) Special dietary frozen desserts shall be labeled to meet the requirements of the Kansas food, drug, and cosmetic act, code of federal regulations, title 21.

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History

History: (Authorized by and implementing K.S.A. 2001 Supp. 65-772; effective Jan. 1, 1966; amended May 1, 1984; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-510 Adoption by reference

Except for 21 C.F.R. 135.160, pertaining to water ices, 21 C.F.R. part 135, revised on April 1, 2005, titled "frozen desserts," is hereby adopted by reference. Copies of these federal regulations, or pertinent portions of the regulations, may be obtained from the Kansas department of agriculture.

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History

History: (Authorized by K.S.A. 2005 Supp. 65-772 and K.S.A. 65-775; implementing K.S.A. 65-775; effective May 1, 1984; amended March 26, 1990; amended Oct. 21, 1991; amended Dec. 20, 2002; amended Sept. 1, 2006.)

Kan. Admin. Regs. § 4-7-530 Adoption by reference

(a) The following sections of 7 C.F.R. part 58, revised on January 1, 2006, are hereby adopted by reference:

(1) All of section 58.126;

(2) all of sections 58.132 through 58.138; and

(3) all of sections 58.605 through 58.654, except sections 58.646, 58.648, and 58.653.

(b) Copies of these federal regulations, or pertinent portions of the regulations, may be obtained from the Kansas department of agriculture.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 65-772 and K.S.A. 65-775; implementing K.S.A. 65-775; effective Oct. 21, 1991; amended Dec. 20, 2002; amended Sept. 1, 2006.)

Kan. Admin. Regs. § 4-7-531 Additional definitions

(a) Notwithstanding any language to the contrary, all references to any "standard of identity" in 7 C.F.R. 58.605, as adopted by reference in K.A.R. 4-7-530, shall mean the corresponding standard of identity established by K.A.R. 4-7-510.

(b) All references to "standard methods for the examination of dairy products" in the regulations adopted by reference in K.A.R. 4-7-530 shall mean the edition of the "standards for examination of dairy products" adopted by reference in K.A.R. 4-7-716.

(c) All references to "official methods of analysis of the association of analytical chemists" in the regulations adopted by reference in K.A.R. 4-7-530 shall mean the edition of the "official methods of analysis of AOAC international" adopted by reference in K.A.R. 4-7-716.

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History

History: (Authorized by and implementing K.S.A. 2001 Supp. 65-772 and 65-775, as amended by L. 2002, Ch. 181, § 16; effective Oct. 21, 1991; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-532 Examination of frozen dairy desserts and frozen dairy dessert mixes

(a) A sample of any frozen dairy dessert or frozen dairy dessert mix may be taken by the Kansas secretary of agriculture as often as the secretary deems necessary to prevent the introduction of or to remove any adulterated, misbranded, or unclean frozen dairy desserts or frozen dairy dessert mixes from the marketplace.

(b) Samples shall be taken at least annually at each business or location owned or operated by any person required to obtain a license to operate a dairy manufacturing plant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2001 Supp. 65-772 and 65-775, as amended by L. 2002, Ch. 181, § 16; implementing K.S.A. 2001 Supp. 65-773 and 65-775, as amended by L. 2002, Ch. 181, § 16; effective Oct. 21, 1991; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-533 Coliform and bacteria standards for frozen dairy desserts and frozen dairy dessert mixes

(a) A frozen dairy dessert product shall not contain more than 50,000 bacteria per gram as determined by the standard plate count and shall not contain more than 10 coliform organisms per gram in three out of the last five samples.

(b) A frozen dairy dessert mix shall not contain more than 20,000 bacteria per gram as determined by the standard plate count and shall not contain more than 10 coliform organisms per gram in three out of the last five samples.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2001 Supp. 65-772 and 65-775, as amended by L. 2002, Ch. 181, § 16; implementing K.S.A. 2001 Supp. 65-773 and 65-775, as amended by L. 2002, Ch. 181, § 16; effective Oct. 21, 1991; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-715 Enforcement

K.A.R. 4-7-715 through K.A.R. 4-7-722 shall be enforced by the Kansas secretary of agriculture in accordance with the corresponding provisions contained in the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716, a copy of which shall be on file in the office of the Kansas secretary of agriculture.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2001 Supp. 65-772; effective July 1, 1970; amended May 1, 1980; amended May 1, 1983; amended Jan. 14, 1991; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-716 Adoption by reference

(a) The following documents are hereby adopted by reference:

(1) The "grade 'A' pasteurized milk ordinance," 2019 revision, including appendices, published by the U.S. department of health and human services, public health service, and food and drug administration, except pages i-xvi, pages 400-423, section 1 (G), (V), (GG), (HH), (II), (JJ), (KK), (LL), (NN), (OO), and (SS), sections 2, 9, 15, 16, 17, and 18, appendix Q, and all explanatory public health reasons information. The following C.F.R. sections, as in effect on April 1, 2019, are also adopted by reference:

(A) 21 C.F.R. 11;

(B) 21 C.F.R. 108, except subpart A;

(D) 21 C.F.R. 117, except subpart E;

(E) 21 C.F.R. 131.3;

(F) 21 C.F.R. 131.170;

(G) 21 C.F.R. 173.310, except subsection (f);

(H) 21 C.F.R. 174, except § 174.6;

(I) 21 C.F.R. 175, except subpart A;

(J) 21 C.F.R. 176, except subpart A;

(K) 21 C.F.R. 177, except subpart A; and

(L) 21 C.F.R. 178, except subpart A;

(2) the "methods of making sanitation ratings of milk shippers and the certifications/listings of single-service containers and/or closures for milk and/or milk products manufacturers," including appendices, published by the U.S. department of health and human services, public health service, and food and drug administration, 2019 revision, except pages i-vii, section A (22), section J, and section K;

(3) the 2019 revision of the "procedures governing the cooperative state-public health service/food and drug administration program of the national conference on interstate milk shipments," published by the U.S. department of health and human services, public health service, and food and drug administration, except the appendix, pages i-iii, section I, section III (X) and (BB), section IV (A), section V (J), section VI (C) and (D), section VII, section IX (F), section X, and pages 71-96;

(4) the 17th edition of the "standard methods for the examination of dairy products," dated 2004 and published by the American public health association, except pages iii-xiv, pages 551-570, and any introductory and bibliographical material;

(5) chapter 33 and any chapters, sections, or appendices pertinent to standards, validated methods, quality control features and suitability specifications related to the testing of milk and milk products of volumes I, II, and III of the 21st edition of the "official methods of analysis of AOAC international," dated 2019 and published by AOAC international;

(6) the 2019 revision of the "evaluation of milk laboratories," published by the U.S. department of health and human services, public health service, and food and drug administration, except pages i-iii, pages 1-2, pages 35-50, and section 1 (12) on page 4; and

(7) the April 14, 2020, revision of the "M-a-98," published by the U.S. food and drug administration. Any tests added to subsequent revisions of the M-a-98 are deemed acceptable unless the secretary specifically designates otherwise.

(b) Any documents adopted by reference in the C.F.R. sections adopted by reference in this regulation but not explicitly adopted in this regulation are not adopted by reference.

(c) Any references to documents adopted by reference refer to the versions of those documents adopted by reference in this regulation.

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History

History: (Authorized by K.S.A. 65-772 and K.S.A. 65-775; implementing K.S.A. 65-775; effective May 1, 1980; amended May 1, 1983; amended May 1, 1986; amended Dec. 26, 1988; amended Jan. 14, 1991; amended Oct. 21, 1991; amended July 1, 1992; amended Aug. 22, 1994; amended Dec. 20, 2002; amended Sept. 1, 2006; amended July 9, 2010; amended Dec. 8, 2023.)

Kan. Admin. Regs. § 4-7-717 Additional definitions

(a) All references to "this ordinance" in the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716 shall mean K.A.R. 4-7-716.

(b) All references to "regulatory agency" in the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716 shall mean the department.

(c) All references to "jurisdiction" in the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716 shall mean the state of Kansas.

(d) "Cottage cheese" means the product defined in 21 C.F.R. 133.128 as revised on April 1, 2005 and hereby adopted by reference. Grading of this product shall be optional.

(e) "Dry curd cottage cheese" means the product defined in 21 C.F.R. 133.129 as revised on April 1, 2005 and hereby adopted by reference. Grading of this product shall be optional.

(f) All references to the "standard methods for the examination of dairy products of the American public health association" in the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716 shall mean the publication adopted by reference in K.A.R. 4-7-716(a)(4).

(g) All references to the "official method of analysis of AOAC international" in the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716 shall mean the publication adopted by reference in K.A.R. 4-7-716(a)(5).

(h) Whenever reference is made in the "grade 'A' pasteurized milk ordinance," as adopted by reference in K.A.R. 4-7-716, to the requirements or responsibilities of a "vendor," the reference shall obligate the processor of milk.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2005 Supp. 65-772 and K.S.A. 65-775; effective May 1, 1980; amended Jan. 14, 1991; amended Oct. 21, 1991; amended Dec. 20, 2002; amended Sept. 1, 2006.)

Kan. Admin. Regs. § 4-7-718 Insertions

Each reference to the proper legal jurisdiction in the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716 shall be completed by insertion of the word "Kansas" or the phrase "state of Kansas," whichever the context requires.

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History

History: (Authorized by and implementing K.S.A. 2001 Supp. 65-772 and 65-775, as amended by L. 2002, Ch. 181, § 16; effective May 1, 1980; amended Jan. 14, 1991; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-719 Additions

(a) In item 10p appearing in section 7 of the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716, the following language shall be inserted after the last sentence in the first paragraph: "However, cottage cheese, cheese dressings, or cheese ingredients may be transported by other methods which protect the product from contamination."

(b) In item 18p appearing in section 7 of the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716, the following language shall be inserted after the last sentence in the first paragraph: "However, cottage cheese, dry curd cottage cheese, and reduced-fat or low-fat cottage cheese may be transported in sealed containers in a protected sanitary manner from one plant to another for creaming or packaging."

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History

History: (Authorized by and implementing K.S.A. 2001 Supp. 65-772 and 65-775, as amended by L. 2002, Ch. 181, § 16; effective May 1, 1980; amended Jan. 14, 1991; amended March 2, 1992; amended Aug. 22, 1994; amended Dec. 20, 2002.)

Kan. Admin. Regs. § 4-7-804 Schedule of fees for nonregulatory laboratory work

(a) Each person who requests the Kansas department of agriculture laboratory to perform any of the following analyses shall pay the department $15.00 for each analysis:

(1) An analysis to determine the presence of coliforms or E. coli in water used for dairy production or dairy processing;

(2) an analysis to determine the percentage of added water in raw milk;

(3) an analysis to determine the percentage of butterfat in raw milk, retail milk, or milk products; and

(4) an analysis to determine the amount of extraneous material in raw milk.

(b) Each person who requests any of the following analyses by the department shall pay the department $30.00 for each analysis:

(1) An analysis to determine the total bacteria count in raw milk, pasteurized milk, or milk products, using the standard plate count method;

(2) an analysis to determine the total coliform plate count in pasteurized milk or milk products;

(3) an analysis to determine the total bacteria count in water used for dairy production or dairy processing; and

(4) an analysis to determine the total bacteria and coliform plate count in food-grade packaging materials used for dairy foods.

(c) Each person who requests any of the following analyses by the department shall pay the department $50.00 for each analysis:

(1) An analysis to determine the presence of beta-lactam antibiotic drug residues in raw milk, pasteurized milk, or milk products;

(2) an analysis to determine the percentage of protein in raw milk;

(3) an analysis to determine the manual count of somatic cells in raw milk; and

(4) an analysis to determine the presence of tetracycline antibiotic drug residue or sulfonamide antibiotic drug residue in raw milk.

(d) Each person who requests any of the following analyses by the department shall pay the department $80.00 for each analysis:

(1) An analysis to determine the electronic count of somatic cells in raw milk;

(2) an analysis to determine the proportion of alkaline phosphatase in pasteurized milk; and

(3) an analysis to determine the quantification of aflatoxin in raw milk.

(e) Each person who requests the department to perform an analysis to determine the quantification of vitamins A and D3 in pasteurized milk shall pay the department $130.00 for each analysis.

(f) The performance of any analysis for nonregulatory purposes may be refused by the secretary.

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History

History: (Authorized by and implementing K.S.A. 65-777; effective Dec. 20, 2002; amended May 20, 2022.)

Kan. Admin. Regs. § 4-7-900 Civil penalty; order

Each order assessing a civil penalty shall include the following: (a) A general statement citing the section of the act authorizing the assessment of a civil penalty;

(b) a specific reference to each provision of the act or implementing regulation that the respondent is alleged to have violated;

(d) the amount of the civil penalty; and

(e) notice of the respondent's right to request a hearing.

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History

History: (Authorized by K.S.A. 2007 Supp. 65-772; implementing K.S.A. 65-788; effective Jan. 22, 1990; amended Dec. 12, 1994; amended Dec. 20, 2002; amended July 18, 2008.)

Kan. Admin. Regs. § 4-7-902 Amount of civil penalty

(a) A separate civil penalty shall be assessed for each violation of the Kansas dairy law, K.S.A. 65-771 et seq., and amendments thereto, that results from each independent act or failure to act by any dairy manufacturing plant or agent or employee of the plant or agent. In determining whether a given violation is independent of and substantially distinguishable from any other violation for the purpose of assessing separate civil penalties, consideration shall be given to whether each violation requires an element of proof not required by another violation. If several violations require the same elements of proof and are not distinguishable, assessment of separate civil penalties shall be within the discretion of the secretary or the secretary's authorized representative.

(b) A penalty of not more than $300 may be assessed by the secretary if a violation ultimately could result in harm or danger to the public health or is a repeat violation identified in subsection (c).

(c) For the second occurrence and for each subsequent occurrence of a violation for which a civil penalty has been assessed within a three-year period, the civil penalty assessed shall be the maximum amount allowed by law.

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History

History: (Authorized by K.S.A. 2007 Supp. 65-772; implementing K.S.A. 65-788; effective Jan. 22, 1990; amended Dec. 20, 2002; amended July 18, 2008.)

Kan. Admin. Regs. § 4-7-903 Criteria to determine dollar amount of the civil penalty

In determining the amount of civil penalty, the gravity of the violation shall be considered by the secretary or the secretary's designee. Factors to be considered may include the following: (a) The potential of the act to injure or endanger the health of any consumer, or the general public;

(b) the severity of actual or potential injuries;

(c) the respondent's history of compliance with K.S.A. 65-789, and amendments thereto, and the regulations adopted thereunder;

(d) any action taken by the respondent to remedy the specific violation or to mitigate any adverse health effects or environmental effects that were the result of the violation; and

(e) any misrepresentation or fraud associated with the violation.

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History

History: (Authorized by K.S.A. 2007 Supp. 65-772; implementing K.S.A. 65-788; effective Jan. 20, 1990; amended Oct. 29, 1990; amended Dec. 20, 2002; amended July 18, 2008.)

Kan. Admin. Regs. § 4-7-904 Informal settlement

(a) Any respondent may request a settlement conference if the respondent timely filed a written request for hearing. The request may be made before the prehearing conference.

(b) If a settlement is reached, the parties shall reduce the settlement to writing and present the proposed written consent agreement to the secretary. The consent agreement shall state that, for the purpose of the proceeding, the following conditions are met:

(1) The respondent admits the jurisdictional allegations and admits the facts stipulated in the consent agreement.

(2) The respondent neither admits nor denies the specific violations contained in the order.

(3) The respondent consents to the assessment of a stated civil penalty.

The consent agreement shall include all terms of the agreement and shall be signed by all parties or their counsel.

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History

History: (Authorized by K.S.A. 2007 Supp. 65-772; implementing K.S.A. 65-788; effective Jan. 22, 1990; amended Dec. 12, 1994; amended Dec. 20, 2002; amended July 18, 2008.)

Kan. Admin. Regs. § 4-7-1000 Milk hauler license

(a) Each milk hauler shall sample, weigh, handle, and transport milk or cream samples in accordance with the "standard methods for examination of dairy products," the "official methods of analysis of AOAC international," and the provisions of the "grade 'A' pasteurized milk ordinance" adopted by reference in K.A.R. 4-7-716.

(b) Before the initial issuance of the milk hauler license, each applicant shall pass a written examination on the proper procedures for sampling, testing, and weighing milk or cream, and on the state laws and regulations pertaining to milk and dairy products.

(c) Each milk hauler license shall be renewed when the applicant pays the required fees and attends renewal training provided by the secretary at least once during any three consecutive licensing periods.

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History

History: (Authorized by K.S.A. 2001 Supp. 65-772 and 65-775, as amended by L. 2002, Ch. 181, § 16; implementing K.S.A. 2001 Supp. 65-778; effective Jan. 14, 1991; amended Dec. 20, 2002.)

Article 8 Noxious Weeds

Kan. Admin. Regs. § 4-8-13 Service of notices and statements

(a) Service of notices and statements required by K.S.A. 2-1320, and amendments thereto, shall be deemed sufficient when made upon the owner of the land to which the notice or statement pertains or the landowner's agent or trustee, the executor or administrator of the estate of a deceased landowner, the guardian or conservator of the estate of a minor or legally disabled person, or one of several joint owners or tenants in common, by either of the following means:

(1) Personal delivery; or

(2) certified mail.

(b) The notices and statements required by K.S.A. 2-1320, and amendments thereto, may be served by any of the following:

(1) The county, city, township, or district weed supervisor for the county, city, township, or district where the land specified in the notice or statement is located;

(2) a county commissioner of the county where the land specified in the notice or statement is located;

(3) the sheriff of the county where the land specified in the notice or statement is located; or

(4) a member of the governing body of a city or the marshal or a law enforcement officer of any city having jurisdiction over land described in the notice or statement.

(c) If personal service or service by certified mail cannot be achieved within 45 days of the date on which any weed control activities are performed pursuant to K.S.A. 2-1320 and amendments thereto, then the notice or statement may be posted at the property where the weed control activity was performed, and the posting shall be considered valid notice.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315 and 2-1320; effective Jan. 1, 1966; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-14a Herbicides approved for cost-share

The Kansas department of agriculture's document titled "approved herbicides for cost-share," dated May 20, 2020, is hereby adopted by reference.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective Oct. 21, 1991; amended Jan. 25, 1993; amended Sept. 27, 1993; amended Oct. 27, 2000; amended, T-4-5-27-04, May 27, 2004; amended Aug. 6, 2004; amended, T-4-5-20-05, May 20, 2005; amended, T-4-3-29-06, March 29, 2006; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-27 Adoption of control methods for musk thistle

(a) The Kansas department of agriculture's document titled "official control methods for musk thistle," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of musk thistle in Kansas.

(b) If a county, city, township, or district weed supervisor determines that musk thistles in the weed supervisor's county, city, township, or district have reached a stage of maturity that will render the weed control methods currently being used in that county, city, township, or district ineffective, the weed supervisor may give notice requiring the effective control methods to be implemented within 10 business days of the date the notice was issued.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Jan. 22, 1990; amended June 1, 1992; amended Oct. 27, 2000; amended Aug. 6, 2004; amended, T-4-5-20-05, May 20, 2005; amended, T-4-3-29-06, March 29, 2006; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-28 Adoption of control methods for Johnsongrass

The Kansas department of agriculture's document titled "official control methods for Johnsongrass," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of Johnsongrass in Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Jan. 25, 1993; amended Sept. 27, 1993; amended Oct. 27, 2000; amended Aug. 6, 2004; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-29 Adoption of control methods for field bindweed

The Kansas department of agriculture's document titled "official control methods for field bindweed," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of field bindweed in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Oct. 27, 2000; amended Aug. 6, 2004; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-30 Adoption of control methods for hoary cress

The Kansas department of agriculture's document titled "official control methods for hoary cress," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of hoary cress in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Oct. 21, 1991; amended Aug. 6, 2004; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-31 Adoption of control methods for Russian knapweed

The Kansas department of agriculture's document titled "official control methods for Russian knapweed," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of Russian knapweed in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Aug. 6, 2004; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-32 Adoption of control methods for bur ragweed

The Kansas department of agriculture's document titled "official control methods for bur ragweed," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of bur ragweed in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Sept. 27, 1993; amended Oct. 27, 2000; amended Aug. 6, 2004; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-33 Adoption of control methods for Canada thistle

The Kansas department of agriculture's document titled "official control methods for Canada thistle," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of Canada thistle in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Jan. 25, 1993; amended Aug. 6, 2004; amended, T-4-3-29-06, March 29, 2006; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-34 Adoption of control methods for leafy spurge

The Kansas department of agriculture's document titled "official control methods for leafy spurge," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of leafy spurge in Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Oct. 29, 1990; amended Oct. 27, 2000; amended Aug. 6, 2004; amended, T-4-5-20-05, May 20, 2005; amended, T-4-3-29-06, March 29, 2006; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-35 Adoption of control methods for quackgrass

The Kansas department of agriculture's document titled "official control methods for quackgrass," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of quackgrass in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Aug. 6, 2004; amended April 27, 2007; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-36 Adoption of control methods for pignut

The Kansas department of agriculture's document titled "official control methods for pignut," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of pignut in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Aug. 6, 2004; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-37 Adoption of control methods for kudzu

The Kansas department of agriculture's document titled "official control methods for kudzu," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of kudzu in Kansas.

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History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Aug. 6, 2004; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-38 Weed supervisor employment

(a) Each individual hired to serve as a county, city, township, or district weed supervisor shall be hired as an employee of the county, city, township, or district and not as an independent contractor. Any county, city, township, or district weed supervisor serving as an independent contractor when this regulation becomes effective may continue to serve as an independent contractor until the expiration of the current term under that individual's existing contract, which shall not be renewed or extended.

(b) Any individual seeking employment as a county, city, township, or district weed supervisor may be conditionally approved for employment by the secretary if the individual has education, training, or experience sufficient to allow the individual to carry out the employment duties of a county, city, township, or district weed supervisor.

(c) Final approval of the employment of each individual who has been conditionally approved to be employed as a county, city, township, or district weed supervisor may be issued by the secretary when the individual has met the following requirements:

(1) Obtained certification as a pesticide applicator in category 9a, regulatory pest control, noxious weed control, pursuant to K.S.A. 2-2438a et seq. and amendments thereto; and

(2) successfully completed the noxious weed basic short course offered by the Kansas department of agriculture, plant protection and weed control program.

(d) Approval of the employment of each individual previously approved for employment as a county, city, township, or district weed supervisor may be renewed by the secretary on or before January 1 of each year if the individual meets the following requirements:

(1) Is still employed as a county, city, township, or district weed supervisor by the same county, city, township, or district when renewal is sought;

(2) is currently certified as a pesticide applicator as specified in paragraph (b)(1); and

(3) has timely filed the annual weed eradication progress report and any other records or reports requested by the secretary.

(e) Approval of the employment of any county, city, township, or district weed supervisor shall be withdrawn by the secretary if the county, city, township, or district weed supervisor has failed, without just cause, to comply with any of the requirements specified in subsection (c).

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History

History: (Authorized by K.S.A. 2019 Supp. 2-1315; implementing K.S.A. 2019 Supp. 2-1316; effective May 1, 1988; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-40 Adoption of control methods for sericea lespedeza

The Kansas department of agriculture's document titled "official control methods for sericea lespedeza," dated May 20, 2020, is hereby adopted by reference and shall apply to the control of sericea lespedeza in Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective May 1, 1988; amended Jan. 1, 1989; amended Oct. 29, 1990; amended Oct. 21, 1991; amended Jan. 25, 1993; amended, T-4-5-27-04, May 27, 2004; amended Aug. 6, 2004; amended March 26, 2021.)

Kan. Admin. Regs. § 4-8-44 Designation of noxious weeds

(a) Pursuant to K.S.A. 2-1314 and amendments thereto, the weeds designated noxious by the secretary shall be placed in the following categories:

(1) Category A noxious weeds, which are weed species that are generally not found in the state or that are found limited in distribution throughout the state;

(2) category B noxious weeds, which are weed species with discrete distributions throughout the state; and

(3) category C noxious weeds, which are weed species that are well established within the state and known to exist in larger or more extensive populations in the state.

(b) Category A noxious weeds shall be subject to control efforts directed at excluding the noxious weeds from the state or eradicating the population of noxious weeds wherever detected statewide, in order to protect neighboring lands and the state as a whole. Category A noxious weeds shall include the following:

(1) Hoary cress, Lepidium draba;

(2) leafy spurge, Euphorbia virgata;

(3) quackgrass, Elymus repens;

(4) Russian knapweed, Rhaponticum repens;

(5) kudzu, Pueraria montana variety lobata; and

(6) pignut, Hoffmannseggia glauca.

(c) Category B noxious weeds shall be subject to control wherever populations have become established within the state and subject to control efforts directed at eradication wherever populations are not established. Category B noxious weeds shall include Canada thistle, Cirsium arvense.

(d) New populations of category C noxious weeds shall be subject to control efforts directed at reducing or eradicating those populations. Known and established populations of category C noxious weeds shall be managed by any approved control method. Category C noxious weeds shall include the following:

(1) Field bindweed, Convolvulus arvensis;

(2) musk thistle, Carduus nutans;

(3) sericea lespedeza, Lespedeza cuneata;

(4) Johnsongrass, Sorghum halepense; and

(5) bur ragweed, Ambrosia grayii.

(e) Any county, city, township, or district weed supervisor or any official of another government agency may require the most stringent control measures specified in this regulation for any noxious weed, regardless of the category in which this regulation places that noxious weed, if the county, city, township, or district weed supervisor or government agency official determines that it is necessary to do so based on the results of the survey provided pursuant to K.S.A. 2-1316, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1314 and 2-1315; effective March 26, 2021.)

Kan. Admin. Regs. § 4-8-45 Official control plans

(a) Each official control plan adopted by the secretary shall be based on the most current available science and shall include, if applicable, biological, chemical, cultural, and mechanical methods of control.

(b) A control method adopted by the secretary as part of an official control plan that includes more than one control method shall not be used alone for the control of noxious weeds, except that any chemical control method may be used alone and any county, city, township, or district weed supervisor may, at the county, city, township, or district weed supervisor's discretion, use any integrated weed management technique alone for the control of any perennial noxious weed.

(c) The control of each noxious weed species shall be undertaken in accordance with the official control plan adopted by the secretary for that noxious weed species.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-1315; effective March 26, 2021.)

Kan. Admin. Regs. § 4-8-46 Annual report

Each annual weed eradication progress report that a weed supervisor submits to the secretary pursuant to K.S.A. 2-1316, and amendments thereto, shall include, at a minimum, the following:

(a) The approximate acreage of land, including roadside areas, currently infested with each species of noxious weed and the location of each infestation in the county;

(b) the dollar amount of all expenditures made during the year to purchase materials, chemicals, and other equipment for the control of noxious weeds;

(c) the dollar amount of all sales made during the year, for cash or charge, of materials, chemicals, and other equipment for the control of noxious weeds;

(d) the dollar amount of all charges and receipts made during the year for use of equipment owned by each county, city, township, or district on public or private land;

(e) the approximate acreage of land, including roadside areas, treated for each species of noxious weed during the year and the control methods used for treatment; and

(f) any other relevant information that the secretary deems necessary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2019 Supp. 2-1315; implementing K.S.A. 2019 Supp. 2-1315 and 2-1316; effective March 26, 2021.)

Kan. Admin. Regs. § 4-8-47 Management plan

Each county, city, township, or district weed supervisor, with the aid of that county, city, township, or district weed supervisor's board of county commissioners or city or township board, shall submit a management plan to the secretary no later than March 15 of each year pursuant to K.S.A. 2-1316, and amendments thereto. Each management plan shall be submitted on a form provided by the department and shall include, at a minimum, the following:

(a) The goals and priorities of the county, city, township, or district's noxious weed control program;

(b) the distribution and abundance of each noxious weed species known to exist within the county, city, township, or district; specific locations of new infestations; and areas particularly susceptible to new infestations;

(c) integrated weed management goals and procedures, including goals and procedures regarding biological control agent selection and distribution, pesticide selection and application, and cultural and mechanical controls;

(d) the estimated personnel, operations, and equipment costs of the proposed program;

(e) a compliance plan or strategy;

(f) a strategy for working with state agencies to control noxious weeds on state lands; and

(g) any other relevant information that the secretary deems necessary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2019 Supp. 2-1315; implementing K.S.A. 2019 Supp. 2-1315 and 2-1316; effective March 26, 2021.)

Kan. Admin. Regs. § 4-8-48 Contents of notices and statements

Each notice or statement given to the owner, operator, or supervising agent of any noxious weed-infested land pursuant to K.S.A. 2-1331, and amendments thereto, shall include, at a minimum, the following:

(a) The legal description of the noxious weed-infested land;

(b) the name of the owner, operator, or supervising agent of the noxious weed-infested land, as indicated by the records of the clerk of the county where the land is located;

(d) the official methods adopted by the secretary for the control of the noxious weeds specified in the notice or statement;

(e) a time frame, which shall not be fewer than five days after mailing the notice, in which the owner or operator or supervising agent of the noxious weed-infested land shall implement the required noxious weed control methods;

(f) a statement that if the owner, operator, or supervising agent fails to implement the required noxious weed control methods within the time frame provided in the notice or statement, the county, city, township, or district weed supervisor may enter the noxious weed-infested land or cause the noxious weed-infested land to be entered upon as often as necessary to control the noxious weed infestation and may use approved noxious weed control methods that the county, city, township, or district weed supervisor deems best adapted for the control of noxious weeds on the particular area of land;

(g) a statement that if the county, city, township, or district weed supervisor enters the noxious weed-infested land or causes the noxious weed-infested land to be entered upon to control the noxious weed infestation, the owner, operator, or supervising agent shall be served notice of the costs of treatment pursuant to K.S.A. 2-1332, and amendments thereto; and

(h) a statement that the owner, operator, or supervising agent may be prosecuted pursuant to K.S.A. 2-1323, and amendments thereto, and, if convicted, fined as established by law.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2019 Supp. 2-1315, 2-1331, and 2-1332; implementing K.S.A. 2019 Supp. 2-1315 and 2-1331; effective March 26, 2021.)

Article 10 Anhydrous Ammonia

Kan. Admin. Regs. § 4-10-1 Definitions

(a) "Appurtenances" means all devices that are used in connection with a container, including safety devices, liquid-level gauging devices, valves, pressure gauges, fittings, and metering or dispensing devices.

(b) "ASME" means American society of mechanical engineers.

(c) "ASME schedule 80" and "ASME schedule 40" mean pipe specifications contained in the 2007 edition of the ASME boiler and pressure vessel code, section II, part A, SA-53/SA-53M, titled "specification for pipe, steel, black and hot-dipped, zinc-coated, welded and seamless," and the appendices, which are hereby adopted by reference.

(d) "Backflow check valve" means a device designed to prevent ammonia from flowing in the wrong direction within a pipe or tube.

(e) "Capacity" means the total volume of a container as measured in standard U.S. gallons of 231 cubic inches, unless otherwise specified.

(f)"Chemical-splash goggles" and "Splashproof goggles" mean flexible-fitting chemical-protective goggles, with a hooded, indirect ventilation system that provides protection to the eyes and eye sockets from the splash of hazardous liquids. This term shall not include direct vented goggles.

(g)"Code" means the "introduction," the relevant parts of UG-1 through UG-137 titled "part UG: general requirements for all methods of construction and all materials," and parts UF-1 through UF-125 titled "part UF: requirements for pressure vessels fabricated by forging" of section VIII, division 1, of the ASME boiler and pressure vessel code, 2007 edition, which are hereby adopted by reference.

(h)"Container" means any vessel designed to hold anhydrous ammonia that is used for the storage, transportation, or application of anhydrous ammonia. This definition shall not apply to any refrigerated vessel with a design pressure of less than 15 psig.

(i)"Data plate" means a piece of noncorroding metal permanently attached by the manufacturer to the surface of a container that has been designed and constructed in accordance with paragraph UG-116 of section VIII, division 1 of the ASME code, 2007 edition, which is adopted by reference in subsection (g).

(j)"Densely populated area" means any location with either one or more multifamily housing units or eight or more single-family dwellings located within a quarter section.

(k)"Designed pressure" means maximum allowable working pressure.

(l)"Emergency shutoff valve" means a valve that stops the flow of product by spring closure, gravity, or pressure and can be activated by an outside means including a cable pull, hose pull, air assists, electrical closure, or back pressure. The emergency shutoff valve shall be placed in the liquid line internally or externally to the container. If an external valve is used, the valve shall be after the manual shutoff valve but as close to the opening of the container as possible. The emergency shutoff valve shall work properly from a remote location or when activated at the valve.

(m)"Excess-flow valve" means a device placed in a line that is designed to close when the flow of vapor or liquid flowing through the line exceeds the amount for which the valve is rated.

(n)"Filling density" means the percent ratio of the weight of gas in a container to the weight of water that the container will hold at 60° F.

(o)"Implement of husbandry" means a farm wagon-type vehicle or application unit that has an anhydrous ammonia container mounted on it and that is used for transporting anhydrous ammonia from a source of supply to farms or fields or from one farm or field to another.

(p)"Mobile container" means any container that is not installed as a permanent storage container.

(q)"National board inspector" is a person who holds a valid national board commission from the national board of boiler and pressure vessel inspectors and has fulfilled the national board commission requirements as specified in section VIII of the ASME code, 2007 edition.

(r)"NIOSH" means the national institute for occupational safety and health.

(s)"Non-code welding" means welding that does not comply with parts UW-1 through UW-65 of the ASME boiler and pressure vessel code, section VIII, division 1, titled "part UW: requirements for pressure vessels fabricated by welding," 2007 edition, which is hereby adopted by reference.

(t)"PSIG" means pounds per square inch gauge pressure.

(u)"Permanent storage container" means a stationary container having a volume of at least 3,000 water gallons.

(v)"Permanent storage facility" means a site that includes one or more permanent storage containers and their connections and appurtenances.

(w)"Pressure-relief valve" means a device designed to open to relieve pressure above a specified value to prevent an increase in internal fluid or vapor and to close once acceptable pressure conditions have been restored.

(x)"Proof-of-inspection seal" and "current KDA-issued proof-of-inspection seal" mean the decal applied to a permanent system following a successful KDA inspection, which shall occur once per calendar year. The seal is current until it expires on December 31 of the year following the inspection.

(y)"Public assembly area" means any building or structure established to accommodate groups of people for commercial, civic, political, religious, recreational, educational, or similar purposes. This term shall include buildings or structures used for medical care, including hospitals, assisted care facilities, and prisons.

(z)"Reactor unit" means equipment that utilizes anhydrous ammonia to manufacture liquid fertilizer.

(aa) "Respirator" means an air-purifying device with a full face-piece that has been approved by NIOSH under the provisions of 30 CFR Part II, Subpart I [13], dated July 1, 2009, for use in an ammonia-contaminated atmosphere, in compliance with 29 CFR 1910.134, dated July 1, 2009.

(bb) "System" means an assembly of one or more containers, pipes, pumps, and appurtenances used for the storage, transfer, transportation, or application of anhydrous ammonia, which may be permanent or mobile. This definition shall not apply to interstate anhydrous ammonia pipelines.

(cc) "USDOT" and "D.O.T." mean United States department of transportation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective Jan. 1, 1966; amended Jan. 1, 1971; amended Jan. 1, 1973; amended May 1, 1986; amended, T-87-9, May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 25, 1993; amended March 12, 2010.)

Kan. Admin. Regs. § 4-10-1a Prohibited acts

It shall be a violation to perform any of the following: (a) Install, relocate, modify, repair, or use any system or equipment for storing, reacting, transferring, transporting, applying, or dispersing by any other means anhydrous ammonia unless the system, permanent storage facility, or equipment is in compliance with this article 10;

(b) except as provided under K.A.R. 4-10-4b(b), transfer anhydrous ammonia into a mobile container unless the container bears a legible manufacturer's data plate or equivalent stamp;

(d) transfer any anhydrous ammonia into a container or system having structural damage or any other defect that would prevent the containment of anhydrous ammonia;

(e) transfer anhydrous ammonia into or out of any container without the consent of the owner of each container;

(f) transfer, or permit the transfer of, anhydrous ammonia into a permanent storage container unless the permanent storage container has a current KDA-issued proof-of-inspection seal attached to the respective system;

(g) conduct non-code welding directly on a container or any parts subject to pressure;

(h) fail to report any release of 100 pounds or more of anhydrous ammonia within 48 hours of the release;

(i) conduct a transfer without an attendant present at the transfer site;

(j) transfer anhydrous ammonia into any vessel that does not comply with K.A.R. 4-10-1 through 4-10-16; or

(k) maintain anhydrous ammonia in any vessel that does not meet the requirements of K.A.R. 4-10-1 through 4-10-16.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-1b Reportable events

The owner or operator of each anhydrous ammonia storage facility or any equipment shall report, to the secretary or the secretary's authorized representative, each accidental or unauthorized release of 100 pounds or more of anhydrous ammonia within 48 hours after the release. Nothing in this regulation shall require the reporting of an intentional release of anhydrous ammonia into the soil during the normal course of application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-2e Container valves and appurtenances

(a) Connections to containers shall be limited to liquid-level gauges, emergency shutoff valves, pressure gauges, vapor-relief valves, liquid lines, vapor lines, and thermometers.

(b) Each vapor line and liquid line shall have a manually operated shutoff valve located as close to the container as practical.

(c) On or before July 1, 2012, each permanent storage container shall be equipped with an emergency shutoff valve that meets the requirements of K.A.R. 4-10-1 (l).

(d) No metal part or component of a system that is normally in contact with anhydrous ammonia shall be made of a metal that is incompatible with anhydrous ammonia, including galvanized metal, cast iron, zinc, copper, and brass.

(e) Openings from the container or through fittings that are not larger than a no. 54 drill size opening shall not be required to be equipped with an excess flow valve.

(f) Each valve and appurtenance shall be suitable for use with anhydrous ammonia and designed for not less than the maximum pressure to which the valve and appurtenance will be subjected. Each valve that could be subjected to container pressures shall have a rated working pressure of at least 250 psig.

(g) (1) Each vapor or liquid line greater than a no. 54 drill size opening shall be equipped with an excess flow valve that closes automatically at the rated flows of vapor or liquid specified by the manufacturer.

(2) The connections, lines, valves, and fittings protected by one or more excess flow valves shall have a greater capacity than the rated flow of the excess flow valves so that the valves will close in case of failure at any point in the lines or fittings.

(h) Each liquid connection used to fill a permanent storage container shall be fitted with a backflow check valve.

(i) (1) All piping, tubing, and fittings subjected to container pressure shall be made of materials specified for use with anhydrous ammonia and shall be designed for a minimum working pressure of 250 psig.

(2) All piping, tubing, and metering or dispensing devices shall be securely mounted and protected against damage.

(3) Threaded joints may be used only with seamless black steel pipe that meets or exceeds ASME schedule 80 specifications. Black steel pipe that meets or exceeds ASME schedule 40 specifications with at least 800 psig minimum bursting pressure may be used if pipe joints are welded or joined by means of welding type flanges. Pipe joint compounds used shall be resistant to ammonia.

(4) Each flexible connection shall have a bursting pressure of at least 1,000 psig.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1987; amended March 12, 2010.)

Kan. Admin. Regs. § 4-10-4a Containers

(a) Each container shall be constructed and tested in accordance with the code and shall have a minimum design pressure of 250 psig.

(b) Subsection (a) shall not prohibit the continued use of permanent storage containers that were constructed and maintained in accordance with Kansas statutes and regulations in effect before the effective date of this regulation.

(c) Each permanent storage container shall be inspected according to K.S.A. 44-913 et seq., and amendments thereto, by the Kansas department of labor, division of industrial safety and health upon initial installation and relocation.

(d) (1) Each permanent storage container that has sustained structural damage shall be inspected and approved for use by the Kansas department of labor, division of industrial safety and health.

(2) Each mobile container that has sustained any structural damage shall be inspected and approved for use by a national board inspector.

(3) Structural damage shall include evidence of any of the following:

(A) Corrosion;

(B) any indentation or abrasion that meets any of the following conditions:

(i) Is over one-half inch deep and includes a weld;

(ii) is deeper than 1/10th of the greatest length of the dent but does not include a weld; or

(iii) is deeper than one inch;

(D) cracking;

(E) faulty welds;

(F) non-code welding;

(G) faulty couplings; or

(H) any other similar condition.

(e) All repairs and alterations of permanent and mobile containers shall meet the requirements of the code and shall be performed by a person or company that has a current certificate of authorization from the national board of boiler and pressure vessel inspections.

(f) Non-code welding shall be performed only on saddles or brackets that are not within the pressure-retaining boundaries of the container.

(g) All records of inspections and welding on the container shall meet the following requirements:

(1) Be maintained by the owner of the container;

(2) be made available to the secretary upon request; and

(3) be transferred with change of ownership of the container.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-4b Markings on containers and systems

(a) Except as provided by K.A.R. 4-10-4a(b) and 4-10-4b(b), each container shall have a data plate, or manufacturer's equivalent stamping, that is permanently attached to the container in a location that is both legible and readily accessible for inspection.

(b) A mobile container that does not have a legible data plate or equivalent stamping may be allowed for ammonia use only if the container is properly tested, registered, and marked under USDOT exemption # DOT-SP13554.

(c) Each shutoff valve within a system shall be identified to show whether the valve is in liquid or vapor service. The method of identification may be by color code or by use of the word "vapor" or "liquid" placed within 12 inches of the valve by means of a stencil, tag, or decal.

(d) All container surfaces shall be maintained to avoid deterioration. Surfaces that require paint shall be painted white.

(e) Each permanent storage container or group of permanent storage containers shall be marked with the following:

(1) Letters at least four inches high, on at least two sides, with the words "CAUTION AMMONIA" or "ANHYDROUS AMMONIA," in a color that contrasts with the color of the container; and

(2) a national fire protection association diamond for anhydrous ammonia placed in a location that would be readily visible to emergency responders.

(f) Each mobile container shall be marked with the following, using a color that contrasts with the color of the container and letters at least two inches high:

(1) The words "ANHYDROUS AMMONIA" or "Anhydrous Ammonia" on both sides and on the rear of the container; and

(2) the words "INHALATION HAZARD" or "Inhalation Hazard" on two opposing sides of the container.

(g) In addition to the markings required in subsection (f), the following information shall appear on each implement of husbandry:

(1) The owner's name;

(2) the address of the owner's place of business;

(3) a telephone number to be contacted in case of an emergency;

(4) an alphabetical or numerical identification symbol; and

(5) a decal containing the following information:

(A) "CAUTION ANHYDROUS AMMONIA (UNDER PRESSURE) READ CAREFULLY";

(B) "Keep away from pop-off valve marked ↑. This is a safety device and shall not be tampered with or adjusted";

(D) "Wear goggles and rubber gloves when transferring product and bleeding hoses";

(E) "Do not fill tank in excess of 85% full";

(F) "Never place any part of body in line with valve or hose openings. Use extreme care in handling hoses. Never lift a hose by the valve wheel";

(G) "Slowly bleed hoses after transferring product";

(H) "Close valves firmly but do not wrench";

(I) "Do not permit children near this equipment";

(J) "Park equipment away from buildings or any possible fire hazards. Never allow tanks to be subjected to extreme heat";

(K) "Do not attempt any repairs of this equipment. In event of any failure, call your dealer immediately"; and

(L) "Do not operate this equipment until you have received instructions from your dealer."

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-4c Permanent storage facility design and permanent storage container location

(a) Before installing or relocating a permanent storage container or permanent storage facility, the owner may submit to the secretary a detailed diagram of the permanent storage facility for review or request a preliminary site survey to ensure that the proposed site meets the requirements in subsections (c), (d), (e), and (f).

(b) The name of the permanent storage facility and the telephone number to be contacted in case of an emergency shall be posted and be legible from each facility entrance using letters at least two inches high.

(c) No permanent storage container shall be located inside an enclosed structure unless the structure is specifically constructed for this purpose.

(d) The nearest edge of the nearest permanent storage container shall be located at a distance meeting the following conditions:

(1) At least 50 feet from the edge of any property not owned or leased by the permanent storage facility;

(2) at least 50 feet from a well or other point of diversion used as a source of drinking water;

(3) at least 50 feet from storage locations of flammables or explosives;

(4) at least 1,000 feet from the area accessible to the public of any public assembly area, as defined in K.A.R. 4-10-1; and

(5) not on or less than 100 feet from the surface of a public roadway.

(e) The site of the permanent storage facility shall be located on property of sufficient size to permit traffic in and out of the area and allow adequate access for emergency personnel.

(f) Each new permanent storage container or permanent storage facility shall be located outside of a municipality or other densely populated areas, unless the location has been approved in writing by the appropriate local governing body. The owner or operator of each permanent storage container located in a municipality or densely populated area shall obtain written approval from the appropriate local governing body before relocating the permanent storage facility or installing additional permanent storage containers within the municipality or densely populated area.

(g) (1) Each permanent storage container shall be mounted on either of the following:

(A) A skid assembly with sufficient surface area to properly support the skid-mounted container; or

(B) either reinforced concrete footings and foundations or structural steel supports mounted on reinforced concrete foundations. The reinforced concrete foundations or footings shall extend below the established frost line and shall be constructed to support the total weight of the containers and their contents. If the container is equipped with bottom withdrawal, the container's foundation shall maintain the lowest point of the container at not less than 18 inches above ground level.

(2) Each container shall be mounted on its foundation in a manner that permits expansion and contraction. Each container shall be adequately supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. Corrosion prevention measures shall be utilized on any portion of the container that is in contact with either the foundation or saddles.

(3) Each container shall be securely anchored.

(h) All appurtances to any permanent storage container shall be protected from tampering and mechanical damage, including damage from vehicles. Each manually controlled valve that, if open, would allow ammonia to be transferred or released, shall be kept locked when unattended and during nonbusiness hours.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-4d Pressure-relief valves

(a) Each container or system of containers shall have liquid and vapor pressure-relief valves to prevent pressure build-up in any portion of the system. Each pressure-relief valve shall be manufactured for use with anhydrous ammonia and be installed, maintained, and replaced according to the manufacturer's instructions.

(b) Each vapor-relief valve shall be set to indicate discharge at a pressure of not less than 95 percent, and not more than 100 percent, of the design pressure of the container to which the vapor-relief valve is attached. Each vapor-relief valve shall be constructed to completely discharge before the pressure exceeds 120 percent of the design pressure of the container to which the vapor-relief valve is attached.

(d) Each pressure-relief valve discharge opening shall have a suitable rain cap or other device that allows free discharge of the vapor and prevents the entrance of water.

(e) Each pressure-relief valve shall be replaced if the valve meets any of the following conditions:

(1) Fails to meet applicable requirements;

(2) shows evidence of damage, corrosion, or foreign matter; and

(3) does not have functional weep holes that permit moisture to escape.

(f) The discharge from each pressure-relief valve shall be vented according to one of the following:

(1) For vapor-relief valves, upward and away from where people could be located. The discharge shall flow in an unobstructed manner into the open air from a height of at least seven feet above the working area;

(2) for liquid-relief valves, downward with the opening positioned between six and 18 inches from the ground; or

(3) in any other manner that has been approved by the secretary or an authorized representative of the secretary.

(g) (1) Vent pipes or tubing used to channel releases from pressure-relief valves shall not be restricted or smaller in size than the pressure-relief valve outlet connection.

(2) Vent pipes may be connected and channeled into a common header if the cross-sectional area of the header is at least equal to the sum of the cross-sectional areas of each of the individual vent pipes.

(3) Unless a vent is directed toward the ground and rain will not be able to enter, each pressure-relief valve discharge opening shall have a rain cap.

(4) If moisture accumulation could occur in a vent, suitable provision shall be made to drain the moisture from the vent.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-4e Hose specifications

(a) Each hose with a diameter of at least ½ inch used in ammonia service and subject to container pressure shall withstand at least 350 psig and shall have the following information etched, cast, or impressed in a legible format at intervals not to exceed five feet along the hose surface:

(1) The phrase "Anhydrous Ammonia";

(2) the maximum working pressure of the hose; and

(3) the date the hose is to be removed from service.

(b) Each hose shall meet or exceed ASME schedule 80 specifications and have factory-installed ends designed for use with anhydrous ammonia.

(d) A hose shall be removed from service if a visual examination reveals any of the following:

(1) Illegibility of any of the markings required in subsection (a);

(2) cuts exposing reinforcing fabric;

(3) soft spots or bulges in the hose;

(4) a blistering or loose outer covering;

(5) kinking or flattening;

(6) stretch marks;

(7) slippage at any coupling; or

(8) any other damage that could compromise the integrity of the safe use of the hose.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-4f Gauging devices

(a) Each container, except any container filled by weight, shall be equipped with a liquid-level gauging device designed for use with anhydrous ammonia and installed according to the manufacturer's instructions.

(b) Each gauging device shall be arranged so that the maximum liquid level to which the container may be filled is readily determinable.

(c) Each container shall be equipped with a fully operational pressure-indicating gauge with a dial graduated from 0-400 psig.

(d) Each gauging device shall have a design pressure at least equal to the design pressure of the container on which the device is used.

(e) Each device used to weigh or measure anhydrous ammonia shall meet all of the requirements of weighing and measuring devices in K.S.A. 83-201 et seq., and amendments thereto, and any implementing regulations adopted by the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-5 Tank trucks, semitrailers, and trailers for transportation of anhydrous ammonia

Each tank truck, semitrailer, and trailer, except implements of husbandry, used for the transportation of anhydrous ammonia shall meet the following requirements: (a) Design pressure of containers.

(1) Each container shall be constructed in accordance with K.A.R. 4-10-2b and shall have a minimum design pressure of 250 psig.

(2) The shell or head thickness of each container shall not be less than 3⁄16 of an inch.

(3) Baffles shall not be required for any cargo tank that is designed so that the container is loaded to capacity and discharged at one unloading point. All other containers having a capacity in excess of 500 gallons shall be equipped with suitable, semirigid baffle plates.

(4) Except for safety relief valves, liquid level gauging devices, and pressure gauges, all container openings shall be labeled to designate whether they communicate with liquid or vapor space. Labels may be located on valves.

(b) Mounting containers on truck.

(1) The container shall be attached to the cradle, frame, or chassis of a vehicle in a manner designed to withstand, in any direction, that amount of static loading equal to twice the weight of the container when filled and its attachments. The safety factor used shall be not less than four and shall be based on the ultimate strength of the material to be used.

(2) "Hold-down" devices, when used, shall anchor the container to the cradle, frame, or chassis in a suitable and safe manner that will not introduce an undue concentration of stresses.

(3) If any vehicle is designed and constructed so that cargo tanks constitute, in whole or in part, the stress member used in lieu of a frame, the cargo tanks shall be designed to withstand the stresses thereby imposed.

(4) All connections, including any hose installed in the bottom of a container, shall not be lower than the lowest horizontal edge of the trailer axle.

(5) While in transit, both ends of each transfer hose shall be secured.

(6) If the cradle and the container are not welded together, a suitable material shall be used between them to eliminate metal-to-metal friction.

(1) Each container shall be equipped with a fixed liquid level gauge.

(2) Each container shall be equipped with a fully operational pressure-indicating gauge that has a dial graduated from 0-400 psi.

(3) Nonrecessed container fittings and appurtenances shall be protected against damage.

(4) Filling connections shall be provided with approved automatic valves to prevent backflow whenever the filling connection is broken.

(5) Except for safety relief valves and those connections specifically exempted by K.A.R. 4-10-2e(b) and K.A.R. 4-10-2e(d), all connections to containers shall be provided with approved excess-flow valves.

(6) All containers shall be equipped with an approved vapor return valve.

(d) Safety devices.

(1) The discharge from each safety relief valve shall be directed upward and away from the container and shall flow in an unobstructed manner into the atmosphere. Loosely fitting rain caps shall be used.

(2) Each unloading line shall be provided with an excess-flow valve at the point where the hose leaves the truck.

(e) Marking of containers. Each side and the rear of every container shall be conspicuously and legibly marked on a background of sharply contrasting color with the words "anhydrous ammonia" in letters at least four inches high and shall be placarded in compliance with applicable D.O.T. regulations.

(f) Piping, tubing, and fittings.

(1) All piping, tubing, and metering or dispensing devices shall be securely mounted and shall be protected against damage.

(2) Threaded pipe shall be extra heavy and comply with ASME schedule 80. Standard weight pipe that complies with ASME schedule 40 may be used if the joints are welded.

(g) Electrical equipment and lighting. Tank trucks, tank trailers, and tank semitrailers shall not be equipped with any artificial light other than electric light. Electric lighting circuits shall have suitable overcurrent protection.

(h) Trailers and semitrailers.

(1) Each trailer or semitrailer shall be equipped with a reliable system of brakes that comply with D.O.T. regulations.

(2) Each trailer or semitrailer shall have lights that comply with D.O.T. regulations.

(i) Safety equipment. All tank trucks, trailers, and semitrailers shall be equipped with the following:

(1) An approved gas mask that has current ammonia canisters having intact seals and that covers the entire face;

(2) one pair of rubber or suitable plastic protective gloves;

(3) one pair of rubber or suitable plastic protective boots;

(4) one rubber or suitable plastic protective slicker, or rubber or suitable plastic protective rain suit, or both;

(5) a pair of flexible-fitting, splash-proof goggles; and

(6) a container of not less than five gallons of clean water.

(j) Transfer of liquids.

(1) Each container shall be loaded by any of the following:

(A) Weight;

(B) a suitable liquid level gauging device; or

(2) Pumps or compressors designed and installed in accordance with K.A.R. 4-10-2(j) and properly protected against physical damage may be mounted on ammonia tank trucks and trailers.

(k) Protection against collision. Each end-fitted tank truck and each semitrailer shall be provided with properly attached steel bumpers or a chassis extension to protect the tank, piping, valves, and fittings in case of collision.

(l) Conversion from other service to anhydrous ammonia. Tanks used for the transporting or storage of materials other than anhydrous ammonia shall be emptied of the material previously hauled, and the pressure in the tank shall be reduced to atmospheric pressure. If the material previously hauled in the container will be harmful to the anhydrous ammonia, then the tank shall be purged before being placed in anhydrous ammonia service, and all appurtenances shall be changed to comply with these regulations.

(m) Mobile containers. Except for tank trucks and semitrailers that comply with K.A.R. 4-10-5a, mobile containers shall be unloaded only at approved locations.

(n) Parking. Except in emergencies, tank trucks, semitrailers, or trailers transporting anhydrous ammonia shall not be parked in cities or in densely populated areas.

(o) Conversion of tanks from anhydrous ammonia to other service. Tanks used for the transportation of anhydrous ammonia shall be emptied and purged. Ammonia vapor shall be vented into an adequate portable supply of water and not into the atmosphere. An adequate supply of water shall be deemed to be five gallons of water per each one gallon of liquid ammonia. The aqueous ammonia solution resulting from the purging process shall be disposed of properly.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective Jan. 1, 1966; amended Jan. 1, 1971; amended Jan. 1, 1973; amended May 1, 1986; amended, T-87-9, May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended April 13, 2001.)

Kan. Admin. Regs. § 4-10-5a Tank trucks and semitrailers used for transport for infield delivery

Tank trucks and semitrailers used to transport anhydrous ammonia may be used to fill an implement of husbandry with a capacity of 20,000 pounds or more. These trucks and semitrailers shall be exempt from the requirements in K.A.R. 4-10-6b if the following requirements are met: (a) The tank truck or the semitrailer transferring the anhydrous ammonia or the implement of husbandry shall carry at least 100 gallons of water for whole-person rinsing if exposure to anhydrous ammonia occurs.

(1) The water shall be clearly identified for safety use and be readily accessible.

(2) The water shall be visibly clean, free of debris, and maintained in a liquid state.

(b) When an implement of husbandry is being loaded, at least 100 gallons of water shall be present at the delivery site for the venting of anhydrous ammonia and shall be used in accordance with K.A.R. 4-10-6a(k). This water shall be separate from the water specified in subsection (a) and shall be maintained in a liquid state.

(c) Any tank truck, semitrailer, and implement of husbandry subject to this regulation may be inspected by the department of agriculture.

(d) Each tank truck, semitrailer, and implement of husbandry subject to this regulation shall meet all requirements of this regulation before loading, transporting, or off-loading anhydrous ammonia.

(e) During the transfer of anhydrous ammonia, the nearest edge of the nearest vehicle, tank, and hose involved with the transfer shall be located according to the following:

(1) At least 50 feet from the edge of any property not owned or leased by the owner or operator of the permanent storage facility;

(2) at least 50 feet from any well or other point of diversion used as a source of drinking water;

(3) at least 50 feet from storage locations of flammables or explosives;

(4) at least 500 feet from the area accessible to the public within any public assembly area as defined in K.A.R. 4-10-1; and

(5) at least 50 feet from the surface of a public roadway.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective April 13, 2001; amended March 12, 2010.)

Kan. Admin. Regs. § 4-10-6a Transfers

(a) Transfer to a permanent storage container shall be made only to a system displaying a current KDA-issued proof-of-inspection seal.

(b) Each container filled according to liquid level by any gauging method, other than a 85 percent fixed-length dip tube gauge, shall have a thermometer well and functional thermometer so that the internal liquid temperature can be easily determined and the amount of liquid in the container can be easily corrected to the volume the liquid would occupy at 60° F.

(1) 85 percent of the container's capacity by volume; or

(2) 56 percent filling density for permanent storage containers or 54 percent filling density for implements of husbandry.

(d) The amount of anhydrous ammonia transferred shall be measured by one of the following:

(1) Weight;

(2) a liquid-level gauging device; or

(3) a flowmeter.

(e) Flammable gases, or gases that will react with anhydrous ammonia including air, shall not be used to transfer anhydrous ammonia.

(f) At least one attendant shall be present to monitor and control each transfer of anhydrous ammonia.

(g) Loading and unloading systems shall be protected to prevent a release if the transfer hose is severed.

(h) Each transfer shall occur only in the open air unless the transfer occurs within a structure specifically constructed for that purpose.

(i) (1) Only pumps and compressors designed for use with anhydrous ammonia shall be used.

(2) Liquid pumps and vapor compressors shall be designed for 250 psig working pressure.

(3) The pressure-actuated bypass valve and return piping shall be installed in accordance with the pump manufacturer's instructions.

(4) Each vapor compressor and liquid pump shall have an operational pressure gauge graduated from 0-400 psig at the inlet and at the outlet.

(5) Shutoff valves shall be installed within three feet of the inlet of a liquid pump and within two feet of the discharge. With vapor compressors, the shutoff valves shall be located as close as is practical to the compressor connections.

(j) The piping used to transfer anhydrous ammonia from a tractor trailer or railroad tank car into a permanent storage container shall be equipped with an excess flow valve and backflow pressure valve, which shall be located as close as practical to where the piping connects with the transfer hose.

(k) (1) During the removal of anhydrous ammonia from a transfer hose, the anhydrous ammonia shall be vented into an adequate supply of water.

(2) For purposes of this regulation, an adequate supply of water shall mean at least five gallons of nonammoniated water for each gallon of liquid ammonia or fraction of a gallon that could be contained in the hose.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-6b Transfers; tank cars and transport trucks; additional requirements

In addition to the transfer requirements in K.A.R. 4-10-6a, each transfer from a tank car or transport truck shall meet the following requirements:

(a) Except when loading into implements of husbandry or reactor units, tank cars and transport trucks shall be unloaded only through a permanently installed loading point and into a permanent storage container.

(b) A sign reading "Stop—Tank Car Connected" shall be displayed at the active end or ends of the siding while the tank car is connected for unloading.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-7 Implements of husbandry

In addition to the container requirements in K.A.R. 4-10-2e, 4-10-4a, 4-10-4b, 4-10-4d through 4-10-4f, and 4-10-6a, each system that is mounted on an implement of husbandry and is used for the transport of anhydrous ammonia shall meet the following requirements:

(a)(1) A stop or stops shall be attached to either the vehicle or the container to prevent the container from being dislodged from its mounting if the vehicle stops suddenly.

(2) A hold-down device shall anchor the container to the vehicle at one or more places on each side of the container.

(3) Each container mounted on a four-wheel trailer shall have the container's weight distributed evenly over both axles.

(4) If the cradle and the tank are not welded together, material shall be used between the cradle and the tank to eliminate metal-to-metal friction.

(b)(1) Each connection and appurtenance shall be protected from physical damage.

(2) A hose and connection installed in the bottom of a container shall not be lower than the lowest horizontal edge of the vehicle axle.

(3) The entire length of each hose shall be secured during transit in a manner that prevents damage to any portion of the hose or to the connections.

(4) When each hose is removed, the fittings shall be capped to prevent the accidental discharge of ammonia.

(1) Be securely attached to the pulling vehicle by use of a hitch pin or ball of proper size for the weight pulled. The hitch pin or ball shall be supplemented by two welded safety chains. Links of the safety chains shall be made of steel and shall have a breaking strength that exceeds the gross weight of the implement to which the chains are attached;

(2) be constructed, maintained, and utilized so as to follow in the path of the pulling vehicle and not swerve from side to side while being towed;

(3) be pulled at a speed not faster than is reasonable and safe under existing conditions;

(4) not be parked on any public street or other thoroughfare except in an emergency; and

(5) be equipped with at least five gallons of unfrozen and readily accessible water during the transport, transfer, or use of anhydrous ammonia, for use if exposure to anhydrous ammonia occurs.

(d) When any implement of husbandry is pulled on a public roadway, the following requirements shall be met:

(1) Each implement of husbandry with a capacity greater than 1,000 gallons shall be pulled as a single unit.

(2) When two implements of husbandry are pulled, the total capacity pulled shall be limited to not more than 2,000 gallons.

(3) No more than two implements of husbandry shall be pulled at the same time by the pulling vehicle.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective Jan. 1, 1966; amended Jan. 1, 1971; amended Jan. 1, 1973; amended May 1, 1986; amended March 12, 2010.)

Kan. Admin. Regs. § 4-10-10 Safety

(a) The following personal safety equipment shall be available for use at each permanent storage facility and reactor unit when anhydrous ammonia is being transferred and when maintenance is being conducted on a system:

(1) A NIOSH-approved respirator that covers the entire face and has current ammonia canisters with intact seals;

(2) one pair of protective gloves made of rubber or any other material impervious to anhydrous ammonia;

(3) one pair of protective boots made of rubber or any other material impervious to anhydrous ammonia;

(4) one protective suit made of rubber or any other material impervious to anhydrous ammonia;

(5) a shower or at least 100 gallons of clean water to be used as safety water; and

(6) a pair of chemical-splash goggles.

(b) During each transfer, the attendant shall wear the personal protective equipment specified in paragraphs (a)(2) and (a)(6), at a minimum.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective March 12, 2010.)

Kan. Admin. Regs. § 4-10-16 Reactor units

(a) Each reactor unit shall operate only at a site that meets the following requirements:

(1) The nearest edge of the reactor unit shall be located at a distance in accordance with the following requirements:

(A) At least 50 feet from the edge of any property not owned or leased by the owner or operator of the permanent storage facility;

(B) at least 50 feet from any well or other point of diversion used as a source of drinking water;

(D) at least 500 feet from any area accessible to the public as defined in K.A.R. 4-10-1; and

(E) not on or less than 50 feet from the surface of a public roadway.

(2) Each reactor unit shall be operated outside of municipalities or other densely populated areas unless the location has been approved in writing by the appropriate local governing body.

(b) During the transfer of anhydrous ammonia from railroad tank cars or transport trucks to a reactor unit for the manufacture of ammoniated solutions, the portable reactor unit shall be equipped with the following safety devices:

(1) Remote-controlled shutoff devices located on the tank car connection immediately preceding the hose attachment and on the discharge side of the pump; and

(2) a backflow check valve in the inlet line to the reactor unit.

(c) When anhydrous ammonia is transported to a stationary reactor unit in an implement of husbandry, the implement of husbandry shall be equipped with the following:

(1) A manually operated remote-controlled shutoff device on the discharge valve immediately preceding any hose attachments; and

(2) a backflow check valve installed in the rigid piping leading to the reactor unit at the point of connection for the transfer hose.

(d) The implement of husbandry shall be monitored at all times during the reacting process.

(e) The transfer hose shall be disconnected from the reactor unit when the reactor unit is not in operation.

(f) The required air-operated or manually operated remote-controlled shutoff device shall be tested before each production run of ammoniated solutions.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1986; amended May 1, 1988; amended Jan. 1, 1989; amended March 12, 2010.)

Article 11 Eggs

Kan. Admin. Regs. § 4-11-2 Definitions

(a) "Advertisement" shall mean any of the following:

(1) Placard;

(2) handbill;

(3) sign;

(4) newspaper advertisement;

(5) radio, internet, or television advertisement; or

(6) any other means of calling the consumer's attention to eggs.

(b) "Carton" shall mean a container of 18 eggs or less.

(d) "Consumer" shall have the meaning specified in K.S.A. 2-2501, and amendments thereto.

(e) "Eggs" shall have the meaning specified in K.S.A. 2-2501, and amendments thereto.

(f) "Eggs of current production" shall mean eggs that are subject to the Kansas egg law and have been held in refrigerated storage for not more than 30 days.

(g) "Fresh," when used to describe eggs, shall mean eggs of current production that do not possess any undesirable odors or flavors.

(h) "Half case," for inspection fee purposes, shall mean a container of more than one dozen and not more than 15 dozen eggs.

(i) "Lot" shall mean all of the eggs that are located at any place of business where eggs are held and that are labeled with the same grade, size, and pack date from the same packer, the person for whom the eggs are packed, or, if the eggs have been repacked, the retailer.

(j) "Person" shall have the meaning specified in K.S.A. 2-2501, and amendments thereto.

(k) "Point of first purchase or assembly" shall mean any place of business of any person or any agent of the person purchasing or assembling eggs from the producer.

(l) "Secretary" shall mean the secretary of agriculture or the secretary's authorized representative.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2504 and 74-531; implementing K.S.A 2-2501, as amended by L. 2006, Ch. 90, §1, 2-2504, and 2-2505, as amended by L. 2006, Ch. 90, §4; effective Jan. 1, 1966; amended Jan. 1, 1972; amended May 1, 1982; amended June 25, 2004; amended Feb. 9, 2007.)

Kan. Admin. Regs. § 4-11-3 Egg containers; requirements for marking and labeling

(a) A mark or label shall be deemed false or deceptive if any of the following conditions is met:

(1) The eggs in the container are not of the quality or size indicated on the container.

(2) The mark or label bears a statement that is false or misleading.

(3) The mark or label bears a qualifying word with reference to size or quality that is misleading.

(4) The mark or label bears the word "fresh," unless the eggs are of "A" or "AA" quality.

(b) Each person who has not been issued a permit shall use the inspection fee stamp on each container to indicate the quality and size of the eggs and to indicate that the inspection fee has been paid on the contents.

(c) For cases and half cases, the marks or labels shall be located on either the outside surface of the top or on either end of the container.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2504 and 74-531; implementing K.S.A. 2-2502, as amended by L. 2006, Ch. 90, §2, and 2-2503, as amended by L. 2006, Ch. 90, §3; effective Jan. 1, 1966; amended Jan. 1, 1969; amended Jan 1, 1972; amended May 1, 1982; amended June 25, 2004; amended Feb. 9, 2007.)

Kan. Admin. Regs. § 4-11-4 False advertisement

An advertisement shall be considered false or deceptive if it bears any reference to size or quality that is untrue or deceptive; or contains any qualifying words with reference to size or quality which are in any way misleading; or if there is any intent, design or purpose not to sell the eggs as advertised and priced therein. Eggs advertised in a manner which indicates price shall also indicate the full, correct and unabbreviated designation of size and quality to which the price refers. The term "fresh" shall be considered false and misleading except when used in connection with grades "AA" and "A," and the term "fresh fancy" shall be considered false and misleading except when used in connection with eggs produced and marketed under a state or federal-state quality controlled program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2504; effective Jan. 1, 1966; amended Jan. 1, 1972.)

Kan. Admin. Regs. § 4-11-8 Sampling requirements

The minimum number of samples specified in the following table shall be drawn for inspection according to the size of each lot. At least 100 eggs shall be examined for each sample case or half case, pursuant to K.S.A. 2-2505 and amendments thereto. For each lot consisting of fewer than 100 eggs, all eggs in that lot shall be examined.

For each additional 50 cases or half cases or fraction thereof, in excess of 600 cases, one additional case or half case shall be included in the sample.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2504 and 2-2505; implementing K.S.A. 2-2505; effective Jan. 1, 1966; amended June 25, 2004.)

Kan. Admin. Regs. § 4-11-9 Inspection fee

(a) Inspection fee stamps. Inspection fee stamps may be purchased from the secretary. Each minimum order shall consist of 1,000 carton stamps, 100 case or half-case stamps, or a combination of these.

(b) Cancellation of inspection fee stamp. The inspection fee stamp used on cartons, half cases, and cases shall be dated, which shall serve to cancel the stamp.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2504; implementing K.S.A. 2-2504 and 2-2507; effective Jan. 1, 1966; amended June 25, 2004.)

Kan. Admin. Regs. § 4-11-14 Adoption by reference

In the "United States standards, grades, and weight classes for shell eggs," AMS 56, published by the USDA's agricultural marketing service and effective July 20, 2000, sections 56.200 through 56.217, except for section 56.215, are hereby adopted by reference. These sections shall apply to all eggs regulated pursuant to the Kansas egg law. Copies shall be available from the agricultural commodities assurance program of the Kansas department of agriculture, Topeka, Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2504 and 74-531; implementing K.S.A. 2-2502, 2-2504, and 74-531; effective May 1, 1982; amended June 25, 2004.)

Kan. Admin. Regs. § 4-11-15 License fee

The annual fee for an egg license shall be $5.00.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2504; implementing K.S.A. 2-2508, as amended by L. 2006, Ch. 90, § 6; effective, T-4-11-2-06, Nov. 2, 2006; effective Feb. 9, 2007.)

Article 13 Pesticides

Kan. Admin. Regs. § 4-13-1 Definitions

For the purposes of this article, the following terms shall have the meanings specified in this regulation: (a) "Alternative treatment" means any method of pest control service performed for the purpose of controlling termites, other than those specified in subsections (b), (c), (d), (e), (g), and (i). This term shall include nonchemical methods of control and above-ground pesticide application.

(b) "Bait treatments" and "baiting system" mean the installation, servicing, and monitoring of termite bait stations and termite monitoring stations for the purpose of controlling termites within a structure. The placement of monitoring stations without a written agreement to periodically inspect the monitoring stations and replace monitoring stakes or other materials with a pesticide shall not constitute a bait treatment or baiting system.

(c)(1) "Complete soil treatment" and "complete treatment" mean a pesticide application to soil for the control of termites and shall include both of the following:

(A) Applying pesticide at the concentration, rate, and dosage required by the product labeling in such a manner that a chemical barrier is formed at all sites of potential termite entry into the structure from the soil, including the interior and exterior foundation walls and cross walls; the area around any support piers, expansion joints, and cracks in concrete slabs; any void areas in masonry elements; and any other structural components that extend below soil grade; and

(B) removing wood scrap, paper scrap, and all other cellulose-containing debris from any accessible areas of crawl spaces under buildings being treated.

(2) Applications to wooden construction elements, the use of baits, and the use of alternative methods of control shall not be represented as complete treatments.

(d) "Limited soil treatment" and "limited treatment" mean a pesticide application that is intended to provide protection from termite infestation to the entire structure, but is not designed to provide a continuous barrier of pesticide to the soil, including treating only the exterior perimeter of a slab structure.

(e) "Partial soil treatment" and "partial treatment" mean applications of pesticide for soil treatment that are not intended to provide protection from termite infestation for the entire structure treated.

(f) "Restricted-use pesticide" means any pesticide product registered by the secretary under the provisions of the agricultural chemical act of 1947, K.S.A. 2-2204 and amendments thereto, that is either labeled as a restricted-use pesticide by the federal agency responsible for the classification or designated as a restricted-use pesticide by the secretary.

(g) "Spot treatment" means remedial applications of pesticide to control termites at a specific location within a structure that are not intended to control termites at any location beyond the treatment area.

(h) "Stump treatment" means the application of pesticide to the cut stump of any tree or other woody plant to prevent regrowth.

(i) "Wood treatment" means the application of pesticide to wooden structural components, including joints, voids, galleries, and chambers, that are present within wooden construction elements.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended July 18, 2003; amended Feb. 29, 2008.)

Kan. Admin. Regs. § 4-13-2 Pesticide business license application

Each application for issuance or renewal of a business license shall provide the following information in addition to that required by K.S.A. 2-2440 (b) (1) through (3), and amendments thereto: (a) The home address and birth date of each owner, officer, representative, and any resident agent;

(b) the name of any other state in which the applicant holds or has held a pesticide business license within the last five years and a list of any such license that has been denied, modified, revoked, suspended, or surrendered;

(c) for each business location serving Kansas, the business name and street address of the business and the name of the certified applicator or other person responsible for pesticide business activity at that location. "Business location" shall include all locations where records of application are maintained, where application equipment and pesticide materials are stored, and from which customers are served;

(d) the name of each certified commercial applicator serving the applicant, for each business location;

(e) the name, home address, birth date, and driver's license number of each non-certified employee who applies pesticides for the applicant. If the applicant's uncertified commercial applicator does not have a driver's license, then the number assigned to any federal or state government-issued identification card shall be provided for that employee;

(f) the categories and subcategories in which the applicant business will operate;

(g) the signature and title of the applicant or authorized representative; and

(h) the date of submission of the application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 2-2440, as amended by L. 2009, Ch. 128, §11, and K.S.A. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended July 18, 2003; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-3 Categories and subcategories of qualification for the licensing of pesticide businesses and certification of commercial applicators

(a) The categories and subcategories of qualification for licensing of pesticide businesses and certification of commercial applicators shall include the following:

(1) Category 1: agricultural pest control. This category shall include any commercial application of pesticide in the production of agricultural plants or animals.

(A) Subcategory 1A: agricultural plant pest control. This subcategory shall include any commercial application of pesticide on grasslands and noncrop agricultural lands, and in the production of agricultural crops, including tobacco, peanuts, cotton, feed grains, soybeans and forage, vegetables, small fruits, tree fruits, and nuts.

(B) Subcategory 1B: agricultural animal pest control. This subcategory shall include any commercial application of pesticide to places on, or in which, animals are confined and on animals, including beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock. This subcategory shall include any doctor of veterinary medicine who applies pesticides for hire, engages in the large-scale use of pesticides, or is publicly held out as a pesticide applicator.

(C) Subcategory 1C: wildlife damage control. This subcategory shall include any commercial application of pesticide for the management and control of wildlife in rangeland and agricultural areas. Wildlife shall mean nondomesticated vertebrate species that hinder agricultural and rangeland production.

(D) Subcategory 1D: stump treatment. This subcategory shall be limited to the commercial application of pesticide for the treatment of cut stumps to control resprouting in pastures, rangeland, or lands held in conservation reserve. Nothing in this subcategory shall prohibit stump treatment by pesticide businesses and commercial applicators in other categories and subcategories that include pesticide application to cut stumps.

(2) Category 2: forest pest control. This category shall include any commercial application of pesticide in forests, forest nurseries, and forest seed-producing areas.

(3) Category 3: ornamental and turf pest control. This category shall include any commercial application of pesticide in the maintenance of ornamental trees, shrubs, flowers, and turf.

(A) Subcategory 3A: ornamental pest control. This subcategory shall include any commercial application of pesticide to control pests in the maintenance and production of ornamental trees, shrubs, and flowers. This subcategory shall not include those pests included in subcategory 3C.

(B) Subcategory 3B: turf pest control. This subcategory shall include any commercial application of pesticide to control pests in the maintenance and production of turf.

(C) Subcategory 3C: interior landscape pest control. This subcategory shall include any commercial application of pesticide to control pests in the production and maintenance of houseplants and other indoor ornamental plants kept or located within structures occupied by humans, including houses, apartments, offices, shopping malls, and other places of business and dwelling places.

(4) Category 4: seed treatment. This category shall include any commercial application of pesticide on seeds.

(5) Category 5: aquatic pest control. This category shall include any commercial application of pesticide to standing or running water. Applicators engaged in public health pest control and health-related pest control activities shall be excluded.

Subcategory 5S: sewer root control. This subcategory shall be limited to any commercial application of pesticide for the control of roots in sewer lines and septic systems.

(6) Category 6: right-of-way pest control. This category shall include any commercial application of pesticide to control vegetation in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, industrial sites, parking lots, or other similar areas.

(A) This category shall include the types of commercial pesticide application specified in subcategory 7C.

(B) This category shall not include those types of commercial pesticide application specified in paragraph (a)(9).

(7) Category 7: industrial, institutional, structural, and health-related pest control.

(A) This category shall include any commercial application of pesticide for the protection of stored, processed, or manufactured products. This category shall also include any commercial application of pesticide in, on, or around the following:

(i) Food handling establishments, human dwellings, institutions including schools and hospitals, and any other similar structures and the areas immediately adjacent to those structures; and

(ii) industrial establishments including warehouses, grain elevators, food processing plants, and any other related structures and adjacent areas.

(B) Subcategory 7A: wood-destroying pest control. This subcategory shall include any commercial application of pesticide in the control of termites, powder post beetles, wood borers, wood rot fungus, and any other wood-destroying pest.

(C) Subcategory 7B: stored products pest control. This subcategory shall include any commercial application of pesticide for the control of pests in stored grain and food products.

(D) Subcategory 7C: industrial weed control. This subcategory shall include any commercial application of pesticide for the control of pest weeds.

(E) Subcategory 7D: health-related pest control. This subcategory shall include any commercial application of pesticide in health programs for the management and control of terrestrial and aquatic pests having medical or public health significance.

(F) Subcategory 7E: structural pest control. This subcategory shall include any commercial application of pesticide in a structure for the control of any pest not covered in subcategories 7A and 7B.

(G) Subcategory 7F: wood preservation and wood products treatment. This subcategory shall include any commercial application of pesticide made to extend the life of wooden poles, posts, crossties, and other wood products to preserve or protect them from damage by insects, fungi, marine organisms, weather deterioration, or other wood-destroying agents.

(8) Category 8: public health pest control. This category shall apply to qualification for commercial certification of employees of government agencies, including state, federal, and other governmental agencies, who apply or supervise the application of a restricted-use pesticide for the management and control of terrestrial and aquatic pests having medical or public health significance.

(9) Category 9: regulatory pest control. This category shall apply to qualification for commercial certification of employees of government agencies, including state, federal, and other governmental agencies, who apply or supervise the application of a restricted-use pesticide in the control of federally regulated and state-regulated pests.

(A) Subcategory 9A: noxious weed control. This subcategory shall include qualification for commercial certification of employees of state, federal, and other governmental agencies who use or supervise the use of a restricted-use pesticide in the control of weed pests regulated under the Kansas noxious weed law.

(B) Subcategory 9B: regulated pest control. This subcategory shall include qualification for commercial certification of employees of state, federal, and other governmental agencies who use or supervise the use of a restricted-use pesticide in the control of federally regulated or state-regulated pests not covered in subcategory 9A.

(10)(A) Category 10: demonstration and research pest control. This category shall include the following:

(i) Those persons who demonstrate to the public the proper techniques for application and use of restricted-use pesticides or who supervise such a demonstration. These persons shall include extension specialists, county agents, commercial representatives who demonstrate pesticide products, and persons who demonstrate, in public programs, methods of pesticide use;

(ii) those persons who use or supervise the use of restricted-use pesticides in conducting field research that involves the use of pesticides. These persons shall include state, federal, and commercial employees and other persons who conduct field research regarding or utilizing restricted-use pesticides; and

(iii) qualified laboratory personnel using restricted-use pesticides while engaged in pesticide research in areas where environmental factors beyond the control of laboratory personnel, including wind, rain, and similar factors, can affect the safe use of the pesticide or can cause the pesticide to have an adverse impact on the environment.

(B) The persons listed in paragraphs (a)(10)(A)(ii) and (iii) shall not be considered exempt from certification under the provisions of K.S.A. 2-2441a(d) and amendments thereto.

(b) Each pesticide business shall be licensed in all categories in which the pesticide business makes commercial pesticide applications and shall employ one or more persons who maintain commercial certification in each subcategory in which the pesticide business makes commercial pesticide applications.

(c) Each state, federal, and other governmental agency shall be registered in all categories and subcategories in which the agency makes commercial pesticide applications.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 2-2440, as amended by L. 2009, Ch. 128, §11, and K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2444a and K.S.A. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended Feb. 29, 2008; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-4 Written statement of service by business

(a) Any written statement of services or contract shall comply with the provisions of K.A.R. 4-13-4a and shall be presented to the customer before or upon completion of the work covered by said written statement or contract. Provided, that where the work covered involves two or more periodic applications over a specified period of time, such as monthly service calls for one year, the written statement shall be presented to the customer upon completion of the initial treatment. Supplemental statements setting forth the application date, each pesticide used, including the quantity applied, the wind direction and velocity, if any, and the applicator's signature shall be presented to the customer following each periodic application.

(b) This regulation shall be in force and effect from and after January 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-2467a as amended by L. 1989, Ch. 6, § 16, implementing K.S.A. 2-2455 as amended by L. 1989, Ch. 6, § 15; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended Jan. 1, 1991.)

Kan. Admin. Regs. § 4-13-4a Requirements for written contract or statement of services by business

(a) Each written contract or statement of services issued by a pesticide business licensee shall meet the following requirements, in addition to the requirements of K.S.A. 2-2455 and amendments thereto:

(1) The address of the pesticide business licensee shall include the street address of the pesticide business licensee's office that provides the pest control service for the named customer.

(2) The address of the customer shall include either the street address or the rural route and box number, whichever is applicable.

(3) The name of each pest to be controlled shall be stated in terms of the common name for each pest or, in the alternative, shall be stated in terms of the scientific name for each pest.

(4) Notwithstanding the requirements of paragraph (3) of this subsection, if the pest to be controlled is a weed, the name of the pest may be stated as grassy or broadleaf weeds.

(b)(1) For each pesticide applied, the statement of services shall include the complete product name of the pesticide, as the name appears on the label, and the pesticide's EPA registration number. If the pesticide applied does not have an EPA registration number, the Kansas registration number shall be provided.

(2) The concentration of the pesticide shall include the percent of the active ingredient in the pesticide mixture or solution actually applied. The quantity of pesticide mixture actually applied shall be stated in gallons or other appropriate volumetric unit if the pesticide applied has been diluted. For granular pesticides or other pesticides that are applied undiluted, the quantity applied shall be expressed in terms of pounds or other appropriate units using dry weight. Rates of application shall be expressed in terms of a unit volume or weight of pesticide per unit of length, surface area, or volume corresponding to the mixing directions shown on the pesticide's label.

(3) Each statement of services shall include wind direction and velocity, except that this requirement shall not apply when the pesticide application is made in any of the following manners or locations or for any of the following reasons:

(A) Inside an enclosed structure;

(B) to control structural pests by use of a barrier treatment within 10 feet of the exterior of a building;

(D) by direct injection of the pesticide into the soil or other substrate;

(E) by direct application to the soil in a trench around a structure; or

(F) by use of baiting stations, including the installation, servicing, and monitoring of the stations.

(c) Whenever any pesticide mixture or solution is applied at a dosage, concentration, or frequency of application that is less than that specified on the pesticide's label or labeling, at least one of the following requirements shall be met:

(1) The written statement of services shall state the following, or its equivalent, in a conspicuous manner: "PESTICIDE APPLIED AT LESS THAN LABEL RATE."

(2) In addition to or in lieu of the requirements of paragraph (c)(1), the licensee shall provide the customer with information about the conditions under which applications may be made at less than label dosage, concentration, or frequency, before the time of the initial application. The licensee shall obtain the customer's written acceptance of the use of these methods in writing before the initial application, which may be incorporated into any statement of service or contract, or both.

(d) Whenever any pesticide is applied in office buildings, apartment houses, or other multiple-tenant structures, the pesticide business licensee shall make available to the owner or manager of the structure information concerning any pesticide applied in the structure. In addition, information regarding any specific residence or business that has been treated with any pesticide shall be made available, upon the tenant's request, to the tenant of the residence or business treated.

(e) Whenever any pesticide is applied for the purpose of controlling termites, powder-post beetles, wood borers, wood-rot fungus, or any other wood-destroying pest, the licensee shall meet the following requirements:

(1) The diagram required by K.S.A. 2-2455(b)(3), and amendments thereto, shall clearly represent the structure being treated and indicate the location of basement areas, crawl spaces, concrete slab floors, and any concrete slabs adjacent to the outside of the foundation walls of the structure.

(2) If the pesticide application is not for a complete treatment of the entire structure, as defined by K.A.R. 4-13-1 and K.A.R. 4-13-7, the written statement of services shall state the following in a conspicuous manner: "LIMITED TREATMENT," "PARTIAL TREATMENT," "SPOT TREATMENT," "BAITING SYSTEM," "ALTERNATIVE TREATMENT," or other equivalent statement. Each pesticide application that is not for a complete treatment of the entire structure shall show the areas of treatment on the representative diagram. If the pesticide application is not for a complete treatment of the entire structure due to exigent circumstances, in addition to requirements listed above, the exigent circumstances shall be described on the statement of services.

(3) Each statement of services for termite control involving the use of baiting systems shall clearly state whether the pest control service performed consists of placement or inspection, or both, of baiting material that contains pesticide or consists of placement or inspection, or both, of monitoring stations that do not contain pesticide. Each statement of services shall include records of the dates of placement and inspection and the locations of all bait stations and monitoring stations. Diagrams of the structure being treated shall clearly show the locations of all monitors and baits.

(4) The dates of inspection or inspection intervals and the conditions under which monitoring materials will be replaced by baiting materials shall be stated in any contract for service or statement of services. Each licensee shall maintain records of the dates of placement and inspection and the locations of bait stations and monitoring stations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2455; effective March 26, 1990; amended July 18, 2003.)

Kan. Admin. Regs. § 4-13-5 Written statement of service by certified commercial applicator not acting for business

(a) Any certified commercial applicator who is not employed by or otherwise acting for a pesticide business licensee shall prepare a written statement of work performed for each application of restricted use pesticides either made by or made under the direct supervision of the certified commercial applicator. Each such written statement of work performed shall set forth the following information:

(1) The name and address of the certified commercial applicator;

(2) All information required by K.S.A. 2-2455 as amended and supplemented and K.A.R. 4-13-4a except the name and address of the pesticide business licensee.

(b) This regulation shall be in force from and after January 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1988 Supp. 2-2467a as amended by L. 1989, Ch. 6, §16; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended Jan. 1, 1991.)

Kan. Admin. Regs. § 4-13-6 Marking of vehicles

Each business licensee with a license in category 3 or 7, as specified in K.A.R. 4-13-3, shall mark any vehicle used in the application of pesticides, including any vehicle used in transporting pesticide application equipment to an application site. Each licensee shall place the business name or registered trade name and the pesticide business license number on each side of the vehicle, with letters and numbers not less than 1½ inches in height and in a color contrasting from that of the vehicle.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2456; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended July 18, 2003.)

Kan. Admin. Regs. § 4-13-7 Termite control application procedures

(a) Except as provided in subsection (c), each structure shall be treated by applying pesticide at the rate, concentration, and dosage specified on the product label in a manner that provides wooden construction elements with protection from termites in the entire structure.

(b) Wood, paper scrap, cardboard scrap, and other cellulose-containing debris shall be removed from any accessible crawl space under the building to be treated.

(c) An application procedure different from that required by subsection (a) may be employed by a certified applicator. When a different application procedure is used, the pest control operator shall furnish adequate control and shall state on the required written statement the application procedure used. These methods of control shall be requested or agreed to by the customer in writing before completion of application. The applicator shall state, on the required statement of services and diagram, the application procedures used and how the procedures differ from the requirements of subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a and K.S.A. 2-2471; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended July 18, 2003.)

Kan. Admin. Regs. § 4-13-8 Surety bond requirement

Any surety bond submitted by a pesticide business licensee to comply with the provisions of K.S.A. 2-2448 as amended shall provide bond coverage of not less than $6,000. The bond shall be effective for a period not to exceed one year and shall extend to December 31 of the licensing year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-2467a as amended by L. 1989, Ch. 6, §16; implementing K.S.A. 2-2448 as amended by L. 1989, Ch. 6, §17; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended May 1, 1983; amended March 26, 1990.)

Kan. Admin. Regs. § 4-13-9 Report of address, name, or personnel change by business

(a) Each pesticide business licensee shall provide the secretary with written notification of any modification or change to the initial application regarding the business address or business name and of any change in service personnel involved in the application of pesticides. Each notification shall be provided within 30 days of the modification or change made by the pesticide business licensee. Notification shall be required for the following:

(1) Hiring or terminating, or both, any employees involved in the application of pesticides;

(2) making any change in certification or technician status, or both; and

(3) making any change in the manager, operator, authorized representative, or resident agent.

(b) The pesticide business licensee shall submit with each such notification the required $15.00 fee for each previously unreported uncertified individual employed to apply pesticides for a total of more than 10 days or for a period of five or more consecutive days during any 30-day period.

(c) Each notification shall include the full name, home address, birth date, and social security number of each applicator of pesticides listed who is a certified applicator or a registered pest control technician.

(d) Each notification shall also include the full name, home address, birth date, and driver's license number of each applicator of pesticides listed who is not a certified commercial applicator of pesticides or a registered pest control technician.

(e) The $15.00 fee shall revert to $10.00 on and after July 1, 2015, unless this date is modified by statute.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2440, as amended by L. 2009, Ch. 128, §11; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended, T-88-46, Nov. 10, 1987; amended May 1, 1988; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 29, 2008; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-10 Application for governmental agency registration

An application for a governmental agency registration or for renewal of a governmental agency registration shall provide the following information in addition to that required by K.S.A. 2-2440 (e):

(1) If the applicant is a township, the county in which said township is located.

(2) Names of certified applicators and uncertified persons working under their supervision who will work under the governmental agency registration being applied for.

(3) Signature and title of the official submitting the application.

(4) Date the application is submitted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1977 Supp. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978.)

Kan. Admin. Regs. § 4-13-12 Age restriction for certification

To be eligible for certification as a commercial applicator of restricted use pesticides, an individual shall be eighteen (18) years of age or older.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1977 Supp. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978.)

Kan. Admin. Regs. § 4-13-13 Commercial applicator examinations

(a) Each general core examination for commercial applicator certification shall test the applicant's knowledge in the following subjects, in addition to testing the applicant's knowledge in those subjects specified in K.S.A. 2-2443a (a) through (h), and amendments thereto:

(1) The general format and terminology of pesticide labels and labeling, the instructions, warnings, symbols and other information appearing on pesticide labels, the classification designation on pesticide labels, and the necessity of using each pesticide in a manner that is consistent with the information and instructions on its label;

(2) safety factors, including pesticide toxicity; types and causes of pesticide accidents; precautionary measures that are necessary to guard against injury to the applicator and other individuals; symptoms of pesticide poisoning; first aid and other procedures to follow in case of a pesticide accident; proper identification, storage, transportation of, mixing, and handling of pesticides; prevention of and cleanup of pesticide spills; and disposal of pesticide containers;

(3) the potential for damage to the environment from use and misuse of pesticides as influenced by factors including types of terrain, soil, and other substrata and drainage patterns;

(4) pest development and biology relevant to pest identification and control;

(5) the types of pesticides and pesticide formulations used, compatibility, synergism, persistence and animal and plant toxicity of pesticides, practices that cause pesticide resistance, and dilution procedures;

(6) the types of equipment used and the limitations of each and equipment use, maintenance, and calibration;

(7) proper application techniques for various pesticides and formulations of pesticide in given situations, relationship of placement of pesticides to proper use, unnecessary pesticide use and pesticide misuse, and prevention of pesticide loss into the environment through drift and other means; and

(8) requirements that must be met by a certified applicator in supervising noncertified applicators of restricted pesticides, including practical knowledge of federal and state supervisory requirements, requirements found on labeling, requirements regarding verifiable instruction of the noncertified applicator and availability of certified applicator during application, and any added restrictions that may be imposed for specific pesticides through labeling, including the required physical presence of the supervising applicator during the application.

(b) As specified in this subsection, each category or subcategory examination for commercial applicator certification shall test the applicant's practical knowledge of the category or subcategory of certification in which the applicant wishes to be certified, in addition to testing the applicant's practical knowledge in those subjects specified in K.S.A. 2-2443a and amendments thereto.

(1) Agricultural pest control.

(A) Each examination for agricultural plant pest control applicators shall test the applicant's practical knowledge of the crops grown in Kansas and the specific pests commonly associated with these crops, potential soil and water damage, preharvest intervals, reentry intervals, phytotoxicity, environmental contamination, nontarget injury, and potential adverse effects on the community that are related to the use of restricted pesticides in agricultural areas.

(B) Each examination for agricultural animal pest control applicators shall test the applicant's practical knowledge of Kansas agricultural animals and their pests, specific pesticide toxicity levels, residue potential and relative hazards associated with various pesticide formulations, application techniques, ages of animals, and the stress and extent of treatment.

(C) Each examination for wildlife damage control applicators shall test the applicant's practical knowledge of vertebrate pest species and damage associated with each species, methods useful in damage prevention, products used in damage control, the potential for direct poisoning of nontarget species, the potential for secondary poisonings, effects upon threatened and endangered species, specific pesticide toxicity and residue levels, and methods of application necessary to minimize hazards to humans, the environment, pets, and domestic animals.

(D) Each examination for stump treatment applicators shall test the applicant's practical knowledge of stump control methods, limited area applications, and the potential adverse effects of pesticides.

(2) Forest pest control. Each examination for forest pest control applicators shall test the applicant's practical knowledge of types of forests, forest nurseries and forest seed production in Kansas and of the pests associated with them, pest cycles and population dynamics as they influence control programming, biotic agents and their relative vulnerability to pesticides, and proper use of specialized equipment as it relates to adjacent land use.

(3) Ornamental and turf pest control.

(A) Each examination for ornamental pest control applicators shall test the applicant's practical knowledge of pest and pesticide problems associated with the production and maintenance of ornamental trees, shrubs and flowers in Kansas, potential phytotoxicity problems related to the wide variety of plants in treated areas, pesticide persistence beyond the intended period of control, and application methods that minimize hazards to humans, pets, and domestic animals.

(B) Each examination for turf pest control applicators shall test the applicant's practical knowledge of pest and pesticide problems associated with the production and maintenance of turf in Kansas, potential phytotoxicity problems related to the wide variety of plants in treated areas, pesticide persistence beyond the intended period of control, and application methods that minimize hazards to humans, pets, and domestic animals.

(C) Each examination for interior landscape pest control applicators shall test the applicant's practical knowledge of pest and pesticide problems associated with the production and maintenance of houseplants and other ornamental plants kept or located within structures occupied by humans, including houses, apartments, offices, shopping malls, other places of business, and other dwelling places. The examination shall also test the applicant's practical knowledge of potential phytotoxicity problems related to treatment of plants in enclosed areas, pesticide persistence beyond the intended period of control, and application methods that minimize hazards to humans, pets, and domestic animals.

(4) Seed treatment. Each examination for seed treatment applicators shall test the applicant's practical knowledge of the types of seeds that require protection against pests, factors that could affect germination, including seed coloration, carriers and surface-active agents, hazards associated with handling, storing, mixing and misuse of treated seeds, and the proper disposal of unused treated seeds.

(5) Aquatic pest control.

(A) Each examination for aquatic pest control applicators shall test the applicant's practical knowledge of secondary effects caused by improper application rates, incorrect formulations, and faulty aquatic pesticide applications; knowledge of various water use situations and the potential of downstream effects; knowledge of potential effects on plants, fish, birds, beneficial insects, and other organisms in the aquatic environment; and knowledge of the principles of limited area application.

(B) Each examination for sewer root control shall test the applicant's practical knowledge of sewer control methods, limited area applications, and potential adverse effects of pesticides.

(6) Right-of-way pest control. Each examination for right-of-way pest control applicators shall test the applicant's practical knowledge of the wide variety of environments crossed by rights-of-way, problems of runoff, drift and excessive foliage destruction, the nature of herbicides, the need for containment of herbicides within the right-of-way area, and the impact of the applicator's activities on adjacent areas and communities.

(7) Industrial, institutional, structural, and health-related pest control.

(A) Each examination for wood-destroying pest control applicators shall test the applicant's practical knowledge of wood-destroying pests and their life cycles, pesticide formulations appropriate for the control of these pests, methods of application that avoid exposure of people and pets, and specific factors that can lead to hazardous conditions, including continuous exposure to the pesticide.

(B) Each examination for stored products pest control shall test the applicant's practical knowledge of pests found in stored grain and food processing areas, their life cycles, pesticide formulations appropriate for their control, methods of application that avoid contamination of food products and exposure of people, and specific factors that can lead to a hazardous condition, including continuous exposure.

(C) Each examination for industrial weed control applicators shall test the applicant's practical knowledge of weed pests found in industrial areas, pesticide formulations appropriate for the control of these pests, methods of application that avoid contamination of habitat and exposure of people and pets, and environmental conditions particularly related to this activity.

(D) Each examination for health-related pest control applicators shall test the applicant's practical knowledge of vector-disease transmission as it relates to and influences application programs, pests that adversely affect public health and their life cycles and habitats, and the variety of environments in which these pests are encountered.

(E) Each examination for structural pest control applicators shall test the applicant's practical knowledge of the wide variety of pests found in buildings, including their life cycles; types of pesticide formulations appropriate for their control and methods of application that avoid contamination of food, damage to and contamination of habitat, and exposure of people and pets; specific factors that can lead to a hazardous condition, including continuous exposure in the various situations encountered in this category; and environmental conditions particularly related to this activity.

(F) Each examination for wood preservation and wood-products treatment applicators shall test the applicant's practical knowledge of pest problems and pests associated with wood degradation, including their life cycles, types of pesticide formulations appropriate for their control, methods of application, application hazards and safety, and the proper means of container storage and container and waste disposal. The examination shall also test the applicant's practical knowledge of procedures to contain spills and to avoid contamination and exposure of the environment, including people, domestic animals, and wildlife.

(8) Public health pest control. Each examination for public health pest control applicators shall test the applicant's practical knowledge of vector-disease transmission as it relates to and influences application programs, pests that adversely affect public health and their life cycles and habitats, the variety of environments in which these pests are encountered, and the importance of nonchemical control methods including sanitation, waste disposal, and drainage.

(9) Regulatory pest control.

(A) Each examination for noxious weed control applicators shall test the applicant's practical knowledge of pest weeds as regulated by the Kansas noxious weed law, the potential impact on the environment of restricted-use pesticides used in suppression and eradication programs, and factors influencing the introduction, spread, and population dynamics of those pest weeds.

(B) Each examination for regulated pest control applicators shall test the applicant's practical knowledge of federally regulated and state-regulated pests, applicable laws relating to quarantine and other regulations regarding pests, the potential impact on the environment of restricted-use pesticides used in suppression and eradication programs, and factors influencing the introduction, spread, and population dynamics of relevant pests.

(10) Demonstration and research pest control. Each examination for demonstration and research pest control applicators shall test the applicant's practical knowledge of the many different pest problems encountered in the course of activities associated with demonstration, field research and method improvement work, pesticide-organism interactions, and the importance of integrating pesticide use with control methods. Each applicator shall meet the examination requirements for application in the other categories that are applicable to the applicator's particular activity.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2006 Supp. 2-2443a and K.S.A. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended May 1, 1985; amended, T-87-39, Nov. 19, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 1, 1989; amended Feb. 29, 2008.)

Kan. Admin. Regs. § 4-13-14 Private applicator examination

Initial examinations for certified private applicators shall be taken in the presence of a representative of the Kansas department of agriculture or the Kansas state university extension service. Each applicant for this certification shall be required to answer at least 75% of the questions correctly to pass the examination.

Examinations for private applicator certification shall test the applicant's knowledge in those subject areas specified in K.S.A. 2-2445, and amendments thereto, involving pest control practices associated with the applicant's agricultural operation and the applicant's legal responsibility as a certified applicator of restricted pesticides. Each applicant shall be tested to determine the applicant's ability to meet the following requirements:

(a) Recognize common pests to be controlled and damage caused by them;

(b) read and understand the label and labeling information, including the common name of the pesticide applied, pest or pests to be controlled, timing and methods of application, safety precautions, any preharvest reentry restrictions, and any specific disposal procedures;

(c) apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation;

(d) recognize local environmental situations that must be considered during application to avoid contamination;

(e) recognize poisoning symptoms and procedures to follow in case of a pesticide accident; and

(f) understand federal and state supervisory requirements, including labeling, that must be met by a certified private applicator in supervising the non-certified application of restricted pesticides. These supervisory requirements shall include verifiable instruction of the applicator, availability during application, and any added restrictions that may be imposed for specific pesticides through labeling. These restrictions may include the required physical presence of the supervising applicator during the application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2445a, as amended by L. 2009, Ch. 128, §18; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended May 1, 1988; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-15 Certificates and pocket cards

A certificate and pocket card shall be issued to each certified person upon satisfactory completion of the requirements for certification. Such certificate and pocket card shall show the applicator's name, type of certificate issued, the category of issuance including subcategory, if any, the expiration date of the certification and other pertinent information. The certified applicator shall produce such certificate or pocket card when requested to do so by any customer, law enforcement official, the secretary or any authorized representative of the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1989 Supp. 2-2467a; implementing K.S.A. 2-2441a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended June 4, 1990.)

Kan. Admin. Regs. § 4-13-16 Supervision of uncertified applicators

(a) An uncertified commercial applicator of any pesticide and an uncertified private applicator of restricted-use pesticides shall be considered to be under the supervision of a certified applicator if the certified applicator has provided the uncertified applicator with instructions in the handling and application of the pesticide being used.

(b) The certified applicator shall be available to the uncertified applicator by telephone, two-way radio, or other comparable means of communication when the pesticide is being applied.

(d) The certified applicator shall verify that the requirements of this regulation were met when requested to do so by the secretary or the secretary's authorized representative.

(e) An uncertified applicator of pesticides, including registered pest control technicians, shall be considered to be under the supervision of a certified commercial applicator only if both individuals are stationed at and work from the same business address.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2441a, as amended by L. 2009, Ch. 128, §16; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended, T-88-46, Nov. 10, 1987; amended May 1, 1988; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-17 Report of address change by certified applicators

Each certified commercial applicator shall notify the secretary of any change in that applicator's mailing address within 30 days of the change.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-18 Disposal of pesticides and containers

Any amount of unused pesticide and each empty pesticide container shall be stored in the same manner as the pesticide involved until the unused pesticide or empty container is disposed of in a manner consistent with technology current at the time of disposal. Questions regarding the latest technology shall be submitted to any of the following: (a) The Kansas department of agriculture;

(b) Kansas state university extension service;

(d) the United States environmental protection agency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-19 Marking of aircraft

Each pesticide business licensed in category one (1) which uses aircraft to apply pesticides shall identify each aircraft with a decal furnished by the secretary. Decals shall not be issued until all licensing requirements have been satisfied. Decals shall not be transferable. For fixed wing aircraft, the decal shall be affixed to and prominently displayed on the left rear portion of the cockpit or the canopy or on the left rear portion of the fuselage near the rear of the cockpit or canopy. For rotorcraft, the decal shall be affixed to and prominently displayed on the left side of the aircraft but not on the tail rotor.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1980 Supp. 2-2467a; implementing K.S.A. 1980 Supp. 2-2456; effective May 1, 1981.)

Kan. Admin. Regs. § 4-13-20 Pesticide business license, renewal, and uncertified commercial applicator fees

The application fee for a pesticide business license or for the renewal of a pesticide business license shall be $140.00 for each category in which the applicant applies for a pesticide business license or renewal of that license. An additional fee of $15.00 for each uncertified commercial applicator employed by the applicant to apply pesticides shall also be paid. This regulation shall apply to all pesticide business licenses, or renewals of these licenses, that will be effective through June 30, 2015, regardless of when the application is received by the agency.

The $140.00 pesticide business license fee shall revert to $112.00 on and after July 1, 2015, unless this date is modified by statute. The $15.00 uncertified commercial applicator shall revert to $10.00 on and after July 1, 2015, unless this date is modified by statute.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 2-2440, as amended by L. 2009, Ch. 128, §11, and K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2440, as amended by L. 2009, Ch. 128, §11; effective, T-83-36, Nov. 10, 1982; effective May 1, 1983; amended, T-88-46, Nov. 10, 1987; amended May 1, 1988; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 29, 2008; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-21 Government agency registration and renewal fees

The application fee for a government agency registration shall be $50.00. This regulation shall apply to all government agency registrations, or renewals of these registrations, effective through June 30, 2015, regardless of when the agency receives the application. The $50.00 government agency registration fee shall revert to $35.00 on and after July 1, 2015, unless this date is modified by statute.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 2-2440, as amended by L. 2009, Ch. 128, §11, and K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2440, as amended by L. 2009, Ch. 128, §11; effective, T-83-36, Nov. 10, 1982; effective May 1, 1983; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 29, 2008; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-23 Examination fees

The examination fee for a commercial applicator's certificate shall be $45.00 through June 30, 2015, for each category, subcategory, and general core examination taken. The fee shall also apply if the applicant seeks reexamination. The $45.00 examination fee shall revert to $35.00 on and after July 1, 2015, unless this date is modified by statute.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 2-2443a, as amended by L. 2009, Ch. 128, §17, and K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2443a, as amended by L. 2009, Ch. 128, §17; effective, T-83-36, Nov. 10, 1982; effective May 1, 1983; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 29, 2008; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-24 Certified private applicator's certificate fee

The certified private applicator's certificate fee shall be $25.00. This regulation shall apply to certified private applicator certificates that will be effective through June 30, 2015, regardless of when the department receives the application. The $25.00 certified private applicator's certificate fee shall revert to $10.00 on and after July 1, 2015, unless this date is modified by statute.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 2-2445a, as amended by L. 2009, Ch. 128, §18, and K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2445a, as amended by L. 2009, Ch. 128, §18; effective, T-83-36, Nov. 10, 1982; effective May 1, 1983; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 29, 2008; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-25 Bulk pesticide storage and handling of pesticides; definitions

As used in K.A.R. 4-13-25 through 4-13-25m, the following terms shall be defined as follows:

(a) "Appurtenance" means any valve, pump, fitting, pipe, hose, auger, metering device, and dispensing device connected to a storage container. "Dispensing device" shall include any device that is used to transfer bulk pesticides into or out of a container.

(b) "Bulk pesticide" means any pesticide, whether liquid or solid, that is kept at ambient temperature and pressure and is stored, loaded, or unloaded in an individual container of undivided capacity in quantities identified in K.A.R. 4-13-25b.

(c) "Bulk pesticide container" means any receptacle or device in which a pesticide is stored, mixed, treated, disposed of, or handled in any manner in quantities greater than 55 gallons liquid measure or quantities greater than 100 pounds net dry weight.

(d) "Bulk pesticide storage facility" and "facility" mean any warehouse, loading pad, or other area where a bulk pesticide is stored, mixed, loaded, or unloaded, unless otherwise exempted. Each bulk pesticide storage facility located within 300 feet of another facility owned or operated by the same person shall be considered the same facility for the purpose of finding the number of consecutive days in storage and determining whether the facility is exempt from the requirements of K.A.R. 4-13-25 through K.A.R. 4-13-25m.

(e) "Chemically compatible" means that the material will not react chemically adversely or electrolytically adversely to the bulk pesticide being stored, loaded, unloaded, mixed, or handled.

(f) "Discharge" means any spilling, leaking, depositing, pumping, dumping, or emptying, whether accidental or intentional, resulting in the release of a pesticide or material containing a pesticide at a bulk pesticide storage facility. "Discharge" shall not include the lawful transferring, loading, unloading, repackaging, refilling, distributing, using, disposing, or application of a pesticide. This term shall also exclude the normal washing and rinsing activities on a mixing and loading pad.

(g) "Dry bulk pesticide" means any bulk pesticide that is in solid form before any end-use application or before any mixing for end-use application. This term shall include making formulations including dusts, powders, and granules.

(h) "End-use application" means the application of a pesticide by the owner or lessee of the real property upon which the application is made to control a pest covered by the pesticide label.

(i) "Flood plain" means an area at one percent or greater risk of flood occurrence in any given year.

(j) "Gallon" means the United States standard measure of a gallon.

(k) "Liquid bulk pesticide" means any bulk pesticide in liquid form before dilution for end-use application. This term shall include solutions, emulsions, suspensions, slurries, and gels.

(l) "Mixing and loading pad" and "pad" mean a surface designed to provide containment of a pesticide during the loading, unloading, mixing, or handling of a pesticide, or during the cleaning, rinsing, or refilling of a pesticide container.

(m) "Mobile container" means a bulk pesticide container that is designed and used for transporting bulk pesticides.

(n) "Owner or operator" shall include any agent or employee of an owner or operator and mean any of the following:

(1) A pesticide dealer as defined by K.S.A. 2-2438a(q) and amendments thereto;

(2) a pesticide business licensee as defined by K.S.A. 2-2438a(p) and amendments thereto;

(3) a government agency registrant as addressed in K.S.A. 2-2440(e) and amendments thereto;

(4) a certified private applicator, as defined by K.S.A. 2-2438a(c)(2) and amendments thereto, of a bulk pesticide storage facility; or

(5) any other person, as defined by K.S.A. 2-2438a(l) and amendments thereto, responsible for the storage of bulk pesticides as defined by subsection (b).

(o) "Permanent cessation of operations" means either of the following:

(1) No pesticides have been loaded, unloaded, or stored at the facility for 12 consecutive months.

(2) The facility has gone out of business and is no longer a going concern.

(p) "Reasonably foreseeable" means what the secretary determines would have been foreseeable at the time the decision affecting the facility or its condition was made. "Reasonable foreseeability" shall include consideration of the owner's or operator's knowledge of conditions at the time the condition was created or the decision was made.

(q) "Secondary containment" means any structure, tank, or container, including rigid diking, that is designed, constructed, and maintained to intercept, hold, contain, or confine a discharge from a bulk pesticide container and to contain spills, prevent runoff, and avoid leaching.

(r) "Static pressure" means the pressure exerted by a fluid that is not flowing or moving.

(s) "Sump" means a recessed reservoir or catch basin designed to be a receptacle for the collection of liquids in the floor of secondary containment or in the part of the secondary containment that constitutes the loading pad.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective May 1, 1985; amended Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25a Exemptions

(a) The regulations found in K.A.R. 4-13-25 through K.A.R. 4-13-25k shall not apply to any of the following:

(1) A mobile container of 350-gallon capacity or less, if the use of the container is solely incidental to the end-use application of the bulk pesticide and if the container is not at a specific location for more than 60 days of storage in any consecutive 365-day period;

(2) a sealed or an unopened pesticide manufacturer's storage container being loaded or unloaded;

(3) a railcar in which the storage of bulk pesticides is solely incidental to the transportation of the pesticide and that remains on a train track; or

(4) a bulk pesticide stored, loaded, or unloaded in quantities less than all the quantities specified in K.A.R. 4-13-25b.

(b) The owner or operator of a facility shall have the burden of establishing the applicability of an exemption under paragraph (a)(4) of this regulation.

(c) Contemporaneously kept records maintained pursuant to K.A.R. 4-13-25k shall constitute prima facie evidence of an exemption.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a and 2-2471; effective Dec. 27, 2002.)

Kan. Admin. Regs. § 4-13-25b Quantities of bulk pesticide

A facility shall be subject to the requirements of K.A.R. 4-13-25 through K.A.R. 4-13-25k if any of the following conditions is met:

(a) A cumulative total of 1,000 gallons or more of liquid bulk pesticide is transferred away from the facility during any consecutive 365-day period.

(b) A total of 1,000 gallons or more of liquid bulk pesticide is stored, held, or maintained at the facility at any time.

(c) A cumulative total of 3,000 pounds or more of dry bulk pesticide is transferred away from the facility during any consecutive 365-day period.

(d) A total of 3,000 pounds or more of dry bulk pesticide is stored, held, or maintained at the facility at any time.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25c Location, design, and construction requirements of a bulk pesticide storage facility

Each owner or operator shall meet the following requirements: (a)(1) Each bulk pesticide storage facility shall be designed, constructed, and maintained according to the pesticide manufacturers' directions, instructions, or recommendations. The facility shall be constructed of materials that contain spills, prevent runoff, and avoid leaching of the pesticide being mixed, loaded, or unloaded. Construction materials shall be chemically compatible with the pesticides that come in contact with the material.

(2) Each bulk pesticide storage facility shall be designed, constructed, and maintained to accommodate all reasonably foreseeable loading and unloading conditions, including the anticipated wheel load of a vehicle, and to protect appurtenances and bulk pesticide containers against damage from operating personnel and moving equipment through the use of flexible connections, guard rails, barriers, and protective cages, where necessary.

(3) Asphalt shall not be used as a material in the construction of a bulk pesticide storage facility.

(b) No bulk pesticide storage facility shall be constructed or maintained in a flood plain unless the bulk pesticide is stored above the base flood elevation.

(c) The floor of each bulk pesticide storage facility shall be constructed of material that prevents the movement of pesticide materials and moisture through the floor and shall be designed, constructed, and maintained in a manner that allows discharges to be collected, contained, and recovered.

(d) All electrical equipment and wiring shall be elevated to prevent the equipment and wiring from becoming submerged and shall be grounded to dissipate static electricity.

(e) Both private and public water supplies shall be protected from contamination from the bulk pesticide storage facility.

(f) Each bulk pesticide storage facility shall contain a mixing and loading pad.

(g) Each bulk pesticide storage facility shall be secured to protect against reasonably foreseeable unauthorized access that could result in a discharge.

(h) Each bulk pesticide storage facility shall be designed, constructed, and maintained to prevent contact of any dry bulk pesticide with precipitation. Contact with precipitation shall be prevented by the following:

(1) Using a permanent cover; and

(2) placing dry bulk pesticide on pallets or a raised concrete platform enclosed by a curb that is at least six inches high and extends at least two feet beyond the perimeter of the dry bulk pesticide storage area.

(i) Each bulk pesticide storage facility shall be designed, constructed, and maintained to avoid the creation of pesticide waste and to prevent cross-contamination of pesticides.

(j) Bulk pesticides shall not be stored or mixed in underground containers.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25d Secondary containment for bulk pesticide storage

Each owner or operator shall meet the following requirements: (a) All bulk pesticide shall be stored within secondary containment. The secondary containment capacity shall be at least 110 percent of the capacity of the largest single bulk pesticide container in addition to the displacement of tanks, appurtenances, fixtures, equipment, and material located within the secondary containment.

(b) The secondary containment, including the floor or bottom of the secondary containment, shall meet the following requirements:

(1) Be constructed of steel, reinforced concrete, or any other material of sufficient thickness, density, and composition to contain any discharged pesticide material;

(2) be leakproof with cracks, seams, and joints sealed; and

(3) for liquids, be capable of withstanding the static pressure resulting from the secondary containment being completely filled with a liquid having a density greater than or equal to the density of the most dense liquid bulk pesticide to be stored within the containment.

(c) A soil liner shall not be considered adequate for the secondary containment of pesticides. Masonry block, asphalt, earthen materials, unfired or fired clay, clay, natural soil-clay mixtures, clay-bentonite mixtures, and prefabricated bentonite liners shall not be deemed to be of appropriate density and composition to contain discharged pesticide material and shall not be used as secondary containment. Sealant-coated concrete blocks may be used if the facility owner's or operator's use of the blocks is approved in writing by the manufacturer of the pesticide.

(d) The floor of the secondary containment shall drain to a sump or other specific point of recovery.

(e) The sump or other specific point of recovery shall be emptied daily in accordance with K.A.R. 4-13-25g(a) by an on-site operator, who shall continuously monitor this process. The on-site operator may use an automatically activated pump to empty the sump if an automatic overflow switch is installed for the receiving container.

(f) No outlet, drain, or other means of penetration shall be located through the floor, bottom, or walls of the secondary containment.

(g) Secondary containment shall be constructed to allow the interior and exterior of the walls to be viewed.

(h) A synthetic liner used to line the secondary containment shall be installed and maintained according to the liner manufacturer's specifications, directions, and recommendations. The specifications, directions, and recommendations about liners from the manufacturers of the pesticides stored in the facility shall also be followed. All seams shall be tested, maintained, and repaired according to the manufacturer's specifications, directions, and recommendations. The liner shall be replaced if it cannot be repaired to meet the liner manufacturer's requirements. In no event shall a liner that is incapable of containing bulk pesticides independent of the support of another container be used in lieu of secondary containment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25e Requirements for mixing and loading pads for bulk pesticides

Each owner or operator shall meet the following requirements: (a) Each mixing and loading pad not connected to a storage area shall be of adequate size and design to contain at least 110 percent of the capacity of the container or tank on the pad and the displacement of tanks, equipment, appurtenances, fixtures, and material located on the pad.

(b) Each mixing and loading pad shall be constructed to contain any discharge and shall be leakproof with all cracks, seams, and joints sealed. The pad shall be impervious to spills and capable of supporting the weight of the heaviest vehicle plus all loading, unloading, and mixing operations. The floor of the mixing and loading pad shall slope to a single point or to a sump, for the recovery of liquid spills.

(c) The sump shall be emptied daily by an on-site operator, who shall continuously monitor this process. The on-site operator may use an automatically activated pump to empty the sump if an automatic overflow switch is installed for the receiving container. The owner or operator may use the recovered pesticide for its intended purpose if it can be used according to the recovered pesticide's label. The owner or operator shall dispose of, in accordance with the label, any recovered pesticide that cannot be used.

(d) The following activities conducted at the facility shall be performed on the mixing and loading pad or within secondary containment:

(1) Filling pesticide containers;

(2) washing application equipment;

(3) rinsing pesticide containers or application equipment;

(4) mixing operations; and

(5) loading application equipment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25f Requirements for bulk pesticide containers and appurtenances

Each owner or operator shall meet the following requirements: (a) Each bulk pesticide container shall be designed to handle all operating stresses, including static pressure, pressure buildup from pumps and compressors, and any other mechanical stresses to which the storage container could be subject during operations. Each bulk pesticide container shall be chemically compatible with the pesticide it holds and shall meet all specifications, directions, and recommendations of the manufacturers of the pesticide and bulk pesticide container.

(b) Each bulk pesticide container connection, except for safety relief connections, shall be equipped with a shutoff valve accessible and located within the secondary containment.

(c) Except while the stored pesticide is being removed from the container, shutoff valves shall be left either closed and locked or otherwise secured from access. The transfer of pesticide from one bulk pesticide container to another and between a bulk pesticide container and a transport vehicle shall be attended at all times by an on-site operator.

(d) Bulk pesticide containers and appurtenances shall be supported to prevent sagging.

(e) Sight gauges shall not be used on bulk pesticide containers.

(f) Each bulk pesticide container that is not located within a structure with a roof and walls shall be designed, installed, and maintained to prevent flotation and to withstand winds of 90 miles per hour or less.

(g) Each bulk pesticide container shall be designed to protect against excessive internal pressure or vacuum.

(h) Each bulk pesticide container used for storage shall be marked clearly to identify the pesticide stored in the container.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25g Discharge, recovery, and reporting requirements

(a) Each owner or operator shall recover promptly any discharge. The owner or operator may use the recovered pesticide for its intended purpose if it can be used according to the recovered pesticide's label or labeling. The owner or operator shall dispose of, in accordance with the label, any recovered pesticide that cannot be used.

(b) The owner or operator shall notify the secretary within 48 hours of any discharge not contained by secondary containment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25h Submission of diagrams, plans, and specifications

(a) The owner or operator of each bulk pesticide storage facility shall maintain diagrams, plans, and specifications of the facility on site and with the secretary. The copy maintained at the facility shall be made available to a representative of the secretary upon request.

(b)(1) Each owner or operator of a bulk pesticide storage facility that is to be remodeled, an existing structure that is to be converted to use as a bulk pesticide storage facility, or a proposed bulk pesticide storage facility shall submit diagrams, plans, and specifications to the secretary before commencement of remodeling, conversion, or construction. Remodeling, conversion, or construction shall not commence until the owner or operator receives written notice from the secretary that no further information is required.

(2) The owner or operator of each facility under this subsection shall complete remodeling, conversion, or construction within two years after the secretary's written notice that no additional information is required. Upon completion of the remodel, conversion, or construction, the owner or operator of a facility under this subsection shall certify on a form prescribed by the secretary that the facility meets or exceeds all the requirements of K.A.R. 4-13-25 through K.A.R. 4-13-25k and is constructed in accordance with the diagrams, plans, and specifications submitted to the secretary.

(c) The diagrams, plans, and specifications shall include the facility layout, mechanical and electrical diagrams, construction materials, and the type of equipment that is located in the facility or that is to be fixed or installed in the facility. The diagrams shall be drawn to scale and shall be legible without magnification. The diagrams, plans, and specifications shall contain all information required in subsection (d).

(d) The diagrams, plans, and specifications of the bulk pesticide storage facility shall be submitted with the form prescribed by the secretary. The required documentation shall include, at a minimum, the following information:

(1) The location of the facility relative to the flood plain;

(2) the location of the facility relative to any surface water within 1,320 feet of the facility and the distance between the facility and the surface water;

(3) the distance from both the facility and the area within 100 feet of the facility to groundwater, and the location of the groundwater relative to the facility;

(4) the location of any plumbing and access to private and public water supplies and the distance from the plumbing and access to the private and public water supplies;

(5) the drainage pattern of the facility;

(6) certification that the facility is not located on any abandoned or active oil, gas, or water well;

(7) certification that the facility is not located on a utility easement;

(8) the size and location of the proposed walls and flooring to be located within the facility;

(9) the location and size of each bulk pesticide storage container;

(10) the location and size of each loading and mixing pad;

(11) the location of each appurtenance used in the storage or transfer of bulk pesticide within the facility;

(12) the location of electrical equipment, wiring, and static grounding wires;

(13) the location and size of dry bulk pesticide storage; and

(14) any other relevant information required by the secretary.

(e) Each owner or operator of a bulk pesticide storage facility shall submit the diagrams, plans, and specifications required in this regulation to the secretary at least 30 days before the date the owner or operator proposes that the construction will commence.

(f) Additional time to comply with any deadline in this regulation may be granted by the secretary upon receipt of a written request and upon a showing of good cause for the additional time requested. Each request shall state the reason for the additional time requested and the amount of additional time needed.

(g) The construction, remodeling, conversion, and maintenance of a facility shall conform with the diagrams, plans, and specifications submitted and required by K.A.R. 4-13-25a through K.A.R. 4-13-25k.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25j Bulk pesticide storage facility inspection and maintenance requirements

(a) Each owner or operator shall inspect the bulk pesticide storage facility and secondary containment, including all appurtenances, at least monthly for any defects, including the following:

(1) Corrosion;

(2) leaks;

(3) cracks;

(4) spills;

(5) gaps;

(6) tears;

(7) unsealed joints;

(8) cross-contamination of pesticides;

(9) structural defects;

(10) equipment defects; and

(11) any other defect in the facility or potential violation of K.A.R. 4-13-25 through K.A.R. 4-13-25k.

The owner or operator shall promptly correct any defect.

(b) Upon the discovery of each defect or potential violation specified in subsection (a) that compromises the facility's ability to contain the pesticide, the owner or operator shall, within 24 hours after the discovery, either initiate repairs to correct the defect or take the appurtenance or secondary containment out of service. If the appurtenance or secondary containment is left in service, the defect or potential violation shall be corrected within 14 days following the discovery. If the defect or potential violation is not corrected within 14 days following the discovery, the appurtenance or secondary containment shall be removed from service.

(1) Each inspection performed pursuant to subsection (a);

(2) each discharge within the facility in excess of 55 gallons; and

(3) more than one discharge within the facility in a 24-hour period totaling or exceeding 55 gallons.

(d) Each record made pursuant to subsection

(1) The name of the person making the record;

(2) the date the record was made;

(3) if any inspection is performed, the following:

(A) The date of the inspection;

(B) a description of any defect found; and

(4) if a discharge occurred, the following:

(A) The date of the discharge;

(B) the amount of the discharge;

(D) a description of any repairs made; and

(E) the date and time the secretary was notified pursuant to K.A.R. 5-13-25g;

(5) the date any defective equipment at the facility is taken out of service; and

(6) the date any defective equipment is placed back into service.

(e) All records maintained at the facility shall be retained for three years from the date of the record and shall be made available to the secretary or an authorized representative of the secretary upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25k Site closure and discontinuation of operation

(a) The owner or operator shall notify the secretary within 30 calendar days following the permanent cessation of operations of a bulk pesticide storage facility.

(b) Whenever a bulk pesticide storage facility permanently ceases operations, the owner or operator shall provide the secretary with written verification of both of the following, on a form prescribed by the secretary:

(1) All pesticides, solutions containing a pesticide, wash waters, and other materials that may contain pesticides have been removed from the facility and have been used or disposed of according to the pesticide's label or labeling and according to all federal, state, and local requirements.

(2) All bulk pesticide containers, appurtenances, mixing and loading pads, and sumps have been thoroughly cleaned according to each pesticide manufacturer's requirements, instructions, directions, or recommendations or, if none exist, according to standard industry practice.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25l Penalty for noncompliance with pesticide containment

(a) The license, certification, or registration of any pesticide business licensee, governmental agency registrant, pesticide dealer, or certified private applicator who is found to have violated a pesticide containment requirement in K.A.R. 4-13-25a through 4-13-25k shall be subject to suspension, revocation, nonrenewal, or cancellation.

(b) Any pesticide business licensee or pesticide dealer who is found to have violated a pesticide containment requirement in K.A.R. 4-13-25 through 4-13-25k may incur a civil penalty in accordance with K.A.R. 4-13-62.

(c) Enforcement of K.A.R. 4-13-25 through K.A.R. 4-13-25k shall be conducted in accordance with the provisions of the Kansas administrative procedures act, K.S.A. 77-501 et seq. and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2009 Supp. 2-2449 and K.S.A. 2-2467a; implementing K.S.A. 2-2440e, K.S.A. 2009 Supp. 2-2449, K.S.A. 22453, 2-2454, and 2-2467a; effective Dec. 27, 2002; amended Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-25m Change in owner or operator of bulk pesticide storage facility; reporting requirements

(a) If the owner or operator of a bulk pesticide storage facility changes, the new owner or operator shall notify the secretary of the change within 30 days after the effective date of the change, on a form prescribed by the secretary.

(b) The new owner or operator shall meet one of the following requirements:

(1) Submit to the secretary the diagram, plans, and specifications of the bulk pesticide storage facility required by K.A.R. 4-13-25h; or

(2)(A) State on the notification form that the owner or operator has reviewed the existing diagrams, plans, and specifications maintained by the secretary;

(B) certify that the bulk pesticide storage facility remains consistent with those existing diagrams, plans, and specifications; and

(C) certify that the bulk pesticide storage facility has been constructed, remodeled, or converted and is maintained and operated in accordance with K.A.R. 4-13-25 through K.A.R. 4-13-25k.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective Sept. 3, 2010.)

Kan. Admin. Regs. § 4-13-26 Preconstruction application of pesticide for termite control

In addition to the requirements of the label, each preconstruction application of pesticide for the control of termites shall consist of establishing both horizontal and vertical chemical barriers, as specified in this regulation. (a) Horizontal chemical barriers shall be established in areas intended to be covered, including the soil beneath slab floors and porches, footing trenches for monolithic slabs, and the soil beneath stairs.

(b) Vertical chemical barriers shall be established in the soil around the base of foundations, plumbing fixtures, foundation walls, support piers, and voids in masonry, and any other critical areas where structural components extend below grade.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2471; effective March 26, 1990; amended July 18, 2003.)

Kan. Admin. Regs. § 4-13-27 Certificate of liability insurance

Each applicant for a pesticide business license shall provide the secretary with a certificate of liability insurance which shall contain the following information:

(a) the name of the insured pesticide business licensee;

(b) the name of the insurance company which issued the policy;

(d) the expiration date of the policy; and

(e) the policy number.

If a surety bond is furnished in lieu of a certificate of liability insurance, the bond shall be executed on a form provided by the secretary and shall comply with the provisions of K.A.R. 4-13-8.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-2467a as amended by L. 1989, Ch. 6, §16; implementing K.S.A. 2-2448 as amended by L. 1989, Ch. 6, §17; effective March 26, 1990.)

Kan. Admin. Regs. § 4-13-28 Target pests which are not specified on the pesticide's label or labeling

Any pesticide may be applied for the purpose of controlling a pest which is not specified on the pesticide's label or labeling provided that: (a)(1) the pesticide's label or labeling authorizes application of the pesticide to the same crop, animal or site requiring application;

(2) the pest to be controlled belongs to the same general group of pests intended to be controlled by the pesticide to be applied;

(3) the pesticide's label or labeling does not specifically prohibit its application to the target pest to be controlled, or to the crop, animal or site to which the pesticide is to be applied; and

(4) the application of the pesticide to the target pest, or to the crop, animal or site, has not been prohibited by rules and regulations promulgated by the secretary.

(b) Each pesticide which is applied in accordance with the provisions of subsection (a) of this regulation shall be deemed not to cause any unreasonable adverse effects on the environment, nor to endanger the health, safety or welfare of the citizens of this state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1990 Supp. 2-2467a; implementing K.S.A. 1990 Supp. 2-2470 and 2-2471; effective Oct. 21, 1991.)

Kan. Admin. Regs. § 4-13-29 General use pesticides for household application or use for the purpose of pesticide dealer registrations

General use pesticide products sold for household application or use shall include only those ready-to-use general use pesticide products which:

(a) are to be applied undiluted, in accordance with use instructions shown on the pesticide's label; and

(b) are to be applied by homeowners or occupants to control pests in and around the family dwelling and associated structures.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 1985 Supp. 2-2469; effective May 1, 1987.)

Kan. Admin. Regs. § 4-13-30 Dealer recordkeeping requirements

(a) Each pesticide dealer shall maintain records of all restricted-use pesticide products sold or otherwise conveyed. These records shall be made available during reasonable business hours to the secretary or the secretary's authorized representative for purposes of inspection and copying. Each record required by this regulation shall be kept for at least two years after the date of the sale or conveyance.

(b) The records specified in subsection (a) shall contain the following information:

(1) The name of each person to whom the restricted-use pesticide product has been sold or conveyed, as verified by the person's presentation of a federal or state government-issued identification card;

(2) the address of either the residence or principal place of business of each person to whom the restricted-use pesticide product has been sold or conveyed;

(3) the name and address of either the residence or principal place of business of the individual to whom the restricted-use pesticide product has been delivered or conveyed, if different from the purchaser;

(4) the certification number of the applicator's certificate;

(5) the name of the state issuing the certificate;

(6) the expiration date of the certificate;

(7) if the applicator is a certified commercial applicator of pesticides, then, if applicable, the categories and subcategories in which the applicator is certified;

(8) the registered name of the restricted-use pesticide product, the EPA registration number of the restricted-use pesticide product, and, if applicable, the "special local need" state registration number of the restricted-use pesticide product;

(9) the quantity of the restricted-use pesticide product sold or conveyed; and

(10) the date of the transaction.

(c) If the pesticide dealer makes a restricted-use pesticide product available to an uncertified person for use by a certified applicator, then the following records shall be kept in addition to those required in subsection (a):

(1) The name of the uncertified person to whom the restricted-use pesticide product has been made available, as verified by the uncertified person's presentation of a federal or state government-issued identification card;

(2) the address of either the residence or principal place of business of the uncertified person to whom the restricted-use pesticide product has been made available;

(3) the name of the certified applicator who will use the restricted-use pesticide product; and

(4) the address of either the residence or principal place of business of the certified applicator who will use the restricted-use pesticide product.

(d) Each pesticide dealer shall submit an annual report for each restricted-use pesticide product that the dealer has sold or otherwise conveyed. The report shall include the following:

(1) The registered name of the restricted-use pesticide product, the EPA registration number of the restricted-use pesticide product, and, if applicable, the "special local need" state registration number of the restricted-use pesticide product; and

(2) the quantity of the restricted-use pesticide product sold or otherwise conveyed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2-2467a; effective, T-86-27, Aug. 19, 1985; effective May 1, 1986; amended May 1, 1987; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-31 Certificates of registration

Each pesticide dealer shall display that dealer's current certificate of registration in a prominent location which can be seen by the general public.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing L. 1985, Ch. 12, section 2; effective, T-86-27, Aug. 19, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 4-13-32 Report of address change by pesticide dealers

Each pesticide dealer shall notify the secretary of any change in its business address or business name by the tenth day of the month following the month in which the change occurred.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing L. 1985, Ch. 12, section 2; effective, T-86-27, Aug. 19, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 4-13-33 Pest control technician registration and renewal fees

The application fee for a pest control technician registration or for the renewal of a pest control technician registration shall be $40.00. Each fee paid by the applicant pursuant to K.A.R. 4-13-9 shall be applied toward payment of the fee required by this regulation. This regulation shall apply to all pest control technician registrations, or renewals of these registrations, that will be effective through June 30, 2015, regardless of when the department receives the application. The $40.00 pest control technician registration fee shall revert to $25.00 on and after July 1, 2015, unless this date is modified by statute.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 2-2440b, as amended by L. 2009, Ch. 128, §13, and K.S.A. 2-2467a; implementing K.S.A. 2008 Supp. 2-2440b, as amended by L. 2009, Ch. 128, §13; effective, T-88-46, Nov. 10, 1987; amended May 1, 1988; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 29, 2008; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-34 Verification of training of registered pest control technicians

(a) Each pesticide business licensee who applies pesticides or causes pesticides to be applied for the control of wood destroying pests, structural pests, ornamental pests, turf pests, interior landscape pests, or any combination of these pests shall maintain records to verify that each registered pest control technician employed by such business licensee has received the required training in each appropriate category of pest control. These training records shall contain the following information for each training session:

(a) The typed or printed name of the trainee;

(b) the subject matter covered;

(d) the date on which the training occurred;

(e) the duration of the training in hours;

(f) the signature of the trainee; and

(g) the signature of the authorized officer or representative of the pesticide business licensee who administered the training.

(b) This regulation shall be in force and effect from and after January 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1987 Supp. 2-2467a; implementing K.S.A. 1987 Supp. 2-2440c as amended by L. 1988, ch. 7, § 4; effective, T-88-46, Nov. 10, 1987; effective May 1, 1988; amended Jan. 1, 1989.)

Kan. Admin. Regs. § 4-13-35 Registered pest control technician identification cards

(a) The secretary shall issue an identification card to each registered pest control technician upon satisfactory completion of the requirements for registration. This identification card shall show the registered technician's typed name and signature, the category or subcategory for which the registration has been issued, the name of the business licensee employing the registered technician, the date on which the identification card was issued, and the expiration date of the registration. The registered pest control technician shall have this identification card in the technician's possession when applying any pesticide for the control of wood destroying pests, structural pests, ornamental pests, turf pests, interior landscape pests, or any combination of these pests or when supervising the application of any general use pesticide. The technician shall produce this identification card when requested to do so by any customer, law enforcement official, the secretary or any authorized representative of the secretary. This regulation does not authorize any registered pest control technician to supervise the use of, or to apply, any restricted use pesticide unless the application is supervised by a commercial applicator who is certified to apply restricted use pesticides for the control of pests in the category or subcategory for which the pesticide application is made.

(b) This regulation shall be in force and effect from and after January 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1987 Supp. 2-2467a; implementing K.S.A. 1987 Supp. 2-2440b as amended by L. 1988, Ch. 7, § 3; effective, T-88-46, Nov. 10, 1987; effective May 1, 1988; amended Jan. 1, 1989.)

Kan. Admin. Regs. § 4-13-36 Training of registered pest control technicians in wood destroying pest control and structural pest control

(a) All applicants for pest control technician registration in wood destroying pest control or structural pest control shall have completed a minimum of 40 hours of verifiable training, 30 hours of which must consist of supervised application of pesticides in and around structures, and 10 hours of which must be classroom instruction.

(b) Classroom instruction shall include the following:

(1) The proper use and maintenance of equipment, including calibration, "crack and crevice" and "spot" application, and other application techniques;

(2) the potential dangers involved in applying the pesticides, including:

(A) hazards to the applicator resulting from mixing, loading and applying pesticides, poisoning prevention, symptoms and first aid for pesticide poisoning;

(B) hazards to the occupants of the structures where pesticides are applied with particular emphasis on children, the aged and infirm;

(C) procedures for preventing pesticide contamination of food, groundwater, wells and cisterns, and the air within the structure being treated;

(D) label review and basic information about each pesticide used for control of wood destroying pests or structural pests, including common names of the pesticides, where and how each pesticide may be applied, and the kinds of pests controlled;

(E) basic information about prevention and cleanup of spills; and

(F) the use of non-chemical means to control wood destroying and structural pests;

(3) calculating the concentration of pesticides to be used and the quantities of diluted pesticide necessary to complete a particular treatment;

(4) identification of common pests to be controlled and damages caused by such pests as subterranean termites, carpenter ants, wood decaying fungi, German, American and oriental cockroaches, silverfish, fleas, ticks, spiders, pantry pests, house mice, field mice, and Norway rats, the basic characteristics and habits of these pests and conditions that favor structural infestation by these pests;

(5) protective clothing and equipment, including the use and maintenance of rubber gloves and respirators;

(6) general precautions to be followed in the storage and disposal of pesticide containers and rinsate, as well as the cleaning and decontamination of equipment;

(7) applicable state and federal pesticide laws and regulations germane to the work of a technician, including but not limited to following label directions, direct supervision, information required on statements of services, and termite control application procedures; and

(8) basic information regarding elements of construction likely to be encountered including, heating and plumbing systems and such terms as footing, foundation wall, wall voids, sill plate, joists, subfloor, and slab-on-grade.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a, implementing K.S.A. 2-2440a; effective, T-88-46, Nov. 10, 1987; effective May 1, 1988; amended Jan. 1, 1989; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-13-37 Renewal of pest control technician registration

A pest control technician's registration may be renewed for a succeeding one-year period by paying the fees prescribed by law, completing the renewal application form provided by the secretary, and completing successfully six hours of classroom training in approved subjects during the effective period of the technician's registration. This training may be conducted by the pesticide business licensee, or in the alternative, the pest control technician may attend a training course approved by the secretary. The pesticide business licensee shall verify and maintain records to support the verification that each pest control technician it employs has satisfactorily completed the training required for renewal.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a, as amended by L. 1987, Ch. 12, § 5; implementing L. 1987, Ch. 12, § 4; effective, T-88-46, Nov. 10, 1987; effective May 1, 1988.)

Kan. Admin. Regs. § 4-13-38 Training of registered pest control technicians in ornamental pest control, turf pest control and interior landscape pest control

(a) All applicants for pest control technician registration in ornamental pest control, turf pest control or interior landscape pest control shall have completed a minimum of 40 hours of verifiable training, 30 hours of which must consist of supervised application of pesticides for the control of ornamental pests, turf pests or interior landscape pests as appropriate, and 10 hours of which must be classroom instruction.

(b) Classroom instruction shall include the following:

(1) The proper use and maintenance of equipment, including calibration.

(2) the hazards that may be involved in applying the pesticides, including:

(A) The effect of drift of the pesticides on adjacent and nearby property and on nontarget organisms, and methods for preventing drift;

(B) the proper weather conditions for the application of pesticides and the precautions to be taken;

(C) procedures for preventing pesticide contamination of groundwater, wells and cisterns, surface water, soil, or the air within a structure;

(D) the effect of the pesticides on humans, plants or animals in the area, including the possibility of damage to plants or animals or the possibility of undesirable or illegal residues resulting on them;

(E) the effect of the application of pesticides on wildlife in the area, including aquatic life;

(F) the possibility of contamination of water or injury to persons, pets or desirable vegetation;

(G) hazards to the applicator resulting from mixing, loading and applying pesticides;

(H) poisoning prevention, symptoms and first aid for pesticide poisoning;

(I) label review and basic information about each pesticide used, including common names of the pesticides, where and how each pesticide may be applied, and the kinds of pests controlled;

(J) basic information about prevention and cleanup of spills; and

(K) basic information about beneficial insects and the use of non-chemical means to control ornamental pests, turf pests and interior landscape pests;

(3) calculating the concentration of pesticides to be used and the quantities of diluted pesticide necessary to complete a particular treatment.

(4) identification of common pests to be controlled and damages caused by such pests, as listed below, and the basic characteristics and habits of these pests.

(A) For registered pest control technicians in the field of ornamental pest control, common pests shall include but not be limited to: bagworms, cankerworms, elm leaf beetles, aphids, spider mites, galls and gall-producing insects and diseases, flatheaded and roundheaded wood boring beetles, scale insects, cedar-apple rust, anthracnose and powdery mildew.

(B) For registered pest control technicians in the field of turf pest control, common pests shall include but not be limited to: sod webworms, chinch bugs, white grubs, sowbugs, broadleaf weeds such as dandelion, chickweed, and henbit, grasses such as crabgrass, foxtail and annual bluegrass, Helminthosporium leaf spot, Pythium and Fusarium blights, moles and gophers.

(C) For registered pest control technicians in the field of interior landscape control, common pests shall include but not be limited to: whiteflies, mealybugs, scale insects, spider mites, aphids, fungus gnats, snails and slugs, ants, sowbugs, thrips, damping-off, botrytis blight and powdery mildew;

(5) protective clothing and equipment, including the use and maintenance of rubber gloves and boots, rainsuits and respirators.

(6) general precautions to be followed in the storage and disposal of pesticide containers and rinsate, as well as the cleaning and decontamination of equipment.

(7) applicable state and federal pesticide laws and regulations germane to the work of a technician, including following label directions, direct supervision and information required on statements of services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2440a; effective Jan. 1, 1989; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-13-40 Types of hearings

(a) A conference adjudicative hearing may be used for the following types of action:

(1) Suspension or revocation of a pesticide business license for the licensee's failure to maintain acceptable insurance or bond continuously during the licensing period as required by K.S.A. 2-2448, and amendments thereto;

(2) suspension or revocation of the pesticide business license or governmental registration for the licensee's failure to employ a certified commercial applicator for each category of business operations in which a license has been issued;

(3) suspension of a pesticide business license, governmental registration, or applicator's certificate, whether commercial or private, that has been issued when fees were paid by an insufficient fund check;

(4) suspension or revocation of a pesticide business license, governmental agency registration, or any certificate for multiple or repeated violations of the Kansas pesticide law or of the implementing regulations, if no material issue of fact is involved; and

(5) any other instances designated in K.S.A. 77-533, and amendments thereto.

Nothing in this subsection shall prohibit the conversion of another type of hearing to a conference adjudicative hearing. Conversion procedures shall conform with K.S.A. 77-506, and amendments thereto.

(b) The summary adjudicative hearing may be used for the following types of action:

(1) A reprimand, warning, or disciplinary report pertaining to a violation of the Kansas pesticide law or any implementing regulation;

(2) any matter that can be resolved solely on the basis of inspections, examinations, or tests made by the agency or its personnel; and

(3) assessment of civil penalties pertaining to a violation of the Kansas pesticide law or any implementing regulation.

All other hearings, except emergency adjudicative hearings or hearings that have been initiated as or converted to conference adjudicative hearings or summary adjudicative hearings, shall be formal adjudicative hearings as defined in the Kansas administrative procedures act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2449 and 2-2451; effective May 1, 1985; amended July 18, 2008.)

Kan. Admin. Regs. § 4-13-60 Civil penalty; order

Each order assessing a civil penalty shall include the following:

(a) A statement reciting each subsection of the act authorizing the assessment of civil penalty;

(b) a specific reference to each provision of the act or implementing regulation that the respondent is alleged to have violated;

(d) the amount of the civil penalty to be assessed; and

(e) the notice of the respondent's right to request a hearing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2440e; effective Jan. 1, 1989; amended Aug. 22, 1994; amended July 18, 2008.)

Kan. Admin. Regs. § 4-13-62 Amount of civil penalty

(a) A separate civil penalty shall be assessed for each violation of the pesticide law that results from each independent act or failure to act by any pesticide business licensee or pesticide dealer, or any agent or employee of a pesticide business licensee or pesticide dealer. In determining whether a given violation is independent of and substantially distinguishable from any other violation for the purpose of assessing separate civil penalties, consideration shall be given to whether each violation requires an element of proof not required by another violation. If several violations require the same elements of proof and are not distinguishable, the assessment of separate civil penalties shall be within the discretion of the secretary or the secretary's authorized representative.

(b) The amount of each civil penalty shall be within the following ranges:

(1) For each violation of K.S.A. 2-2453(a) or (b) and amendments thereto, the civil penalty shall be not less than $100 and not more than $5,000.

(2) For each violation of K.S.A. 2-2454(b), (m), (o), (r), (s), or (t) and amendments thereto, the civil penalty shall be not less than $100 and not more than $5,000.

(3) For each violation of K.S.A. 2-2454, and amendments thereto, not covered in paragraph (b)(2), the civil penalty shall be not less than $100 and not more than $1,000.

(4) For each violation of K.S.A. 2-2453(c), and amendments thereto, not already covered in paragraph (b) (1), (2), or (3), the civil penalty shall be not less than $100 and not more than $1,000.

(c) For each subsequent occurrence of a violation for which a civil penalty has been assessed within a three-year period, the civil penalty assessed for the subsequent violation shall be the maximum amount for the category listed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2440e, as amended by L. 2009, Ch. 128, §15; effective Jan. 1, 1989; amended Jan. 25, 1993; amended Feb. 5, 2010.)

Kan. Admin. Regs. § 4-13-63 Criteria to determine dollar amount of proposed civil penalty

In determining the amount of any proposed civil penalty, the gravity of the violation shall be considered by the secretary or the secretary's designee. Factors to be considered shall include:

(a) The potential of the act to injure humans, pets, domestic animals, wildlife or the environment;

(b) the severity of potential injuries;

(d) the respondent's history of compliance with state and federal pesticide laws and regulations promulgated thereunder;

(e) any action taken by respondent to remedy the specific violation or to mitigate any adverse health effects or environmental effects which were the result of the violation; and

(f) whether or not the violation involved any misrepresentation or fraud.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2440e; effective Jan. 1, 1989; amended Jan. 25, 1993.)

Kan. Admin. Regs. § 4-13-64 Informal settlement

(a) Any respondent may request a settlement conference if the respondent timely filed a written request for hearing. The request may be made before the prehearing conference.

(1) The respondent admits the jurisdictional allegations and admits the facts stipulated in the consent agreement.

(2) The respondent neither admits nor denies the specific violations contained in the order.

(3) The respondent consents to the assessment of a stated civil penalty.

The consent agreement shall include all terms of the agreement and shall be signed by all parties or their counsel.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2440e; effective Jan. 1, 1989; amended Aug. 22, 1994; amended July 18, 2008.)

Kan. Admin. Regs. § 4-13-65 Adjusting the amount of the civil penalty

(a) Each respondent shall present all evidence on the issue of adjustment of the civil penalty at the settlement conference. This evidence may include mitigating factors or new evidence not previously known to the agency when the order was issued.

(b) Upon presentation by the respondent of new evidence establishing facts and circumstances that were unknown to the secretary when the order was issued and that relate to the gravity of the violation, the civil penalty may be reduced. If additional facts establish a respondent did not commit a violation, the order shall be amended or vacated.

(c) The burden shall be on the respondent to present evidence of any mitigating factors to support any requested reduction in the amount of the civil penalty. The amount of the civil penalty may be reduced if the reduction serves the public interest.

(d) The amount of a civil penalty shall not be reduced to less than $100 per offense.

(1) Whether or not a civil penalty is reduced shall be within the sole discretion of the secretary or the secretary's designee.

(2) Reductions shall not occur unless evidence of mitigating factors has been presented by a respondent.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2440e; effective Jan. 1, 1989; amended Aug. 22, 1994; amended July 18, 2008.)

Article 15 Plants and Plant Products

Kan. Admin. Regs. § 4-15-4 Live plant definition: exclusions

The following shall be excluded from the definition of live plant in K.S.A. 2-2113, and amendments thereto: (a) Field and forage crops;

(b) seeds of any kind;

(d) fruits and vegetables used for food or feed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 2-2126, as amended by L. 2011, ch. 72, sec. 11; implementing K.S.A. 2010 Supp. 2-2113, as amended by L. 2011, ch. 72, sec. 1; effective Oct. 18, 2002; amended May 18, 2012.)

Kan. Admin. Regs. § 4-15-5 Live plant dealer license fee

Each person who applies for a live plant dealer license shall pay a fee to the department of $100 per application. Applicants for a live plant dealer license who meet the requirements specified in K.S.A. 2-2120(c) and amendments thereto may request to pay a reduced fee of $30 per application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2120; effective Oct. 18, 2002; amended June 5, 2009; amended, T-4-11-21-11, Nov. 21, 2011; amended March 23, 2012; amended, T-4-10-11-24, Oct. 11, 2024; amended Jan. 17, 2025.)

Kan. Admin. Regs. § 4-15-6 Plant pest emergency response fund fee

In addition to the license fee specified in K.A.R. 4-15-5, each licensed live plant dealer shall pay a fee of $5, which shall be deposited in the plant pest emergency response fund.

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History

History: (Authorized by K.S.A. 2010 Supp. 2-2126, as amended by L. 2011, ch. 72, sec. 11, and K.S.A. 2010 Supp. 2-2129, as amended by L. 2011, ch. 72, sec. 13; implementing K.S.A. 2010 Supp. 2-2129, as amended by L. 2011, ch. 72, sec. 13; effective Oct. 18, 2002; amended March 23, 2012.)

Kan. Admin. Regs. § 4-15-7 Special event live plant dealer registration

Each special event live plant dealer shall register annually with the secretary. Each registration form shall be submitted to the secretary at least 10 days prior to the first date that the special event live plant dealer intends to initiate special event live plant dealer activities in a calendar year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2120; effective Oct. 18, 2002; amended May 6, 2005; amended May 18, 2012; amended, T-4-10-11-24, Oct. 11, 2024; amended Jan. 17, 2025.)

Kan. Admin. Regs. § 4-15-8 Fees for the inspection of live plants, plant products, bees, beekeeping equipment, and regulated articles

(a) Inspection, certification, diagnostic, or identification services may be provided by the secretary to any person who owns or possesses live plants, plant products, bees, beekeeping equipment, or regulated articles upon request. The person who requested inspection, diagnostic, or identification services shall pay to the secretary inspection fees of $45 per hour plus mileage expenses.

(b) Mileage to the inspection site shall be calculated from one of the following locations as applicable on the date the inspection is conducted, whichever is less:

(1) The inspector's official station;

(2) the last location at which a requested inspection was conducted; or

(3) the last location at which the inspector incurred lodging expenses.

(c) Each person for whom the last requested inspection is conducted on any day shall pay mileage fees for the return trip to the inspector's official station or the location at which the inspector incurs lodging expenses, whichever is less.

(d) Mileage fees shall be calculated using the actual miles driven by the inspector, or the adjusted miles driven by the inspector if the miles driven are reduced pursuant to this regulation. The rate per mile shall be the private vehicle mileage reimbursement rate fixed by the secretary of the Kansas department of administration.

(e) Any inspection, certification, diagnostic, or identification fee may be waived if the fee would be assessed against a state or local government agency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2118; effective Oct. 18, 2002; amended May 6, 2005; amended May 18, 2012; amended Jan. 17, 2025.)

Kan. Admin. Regs. § 4-15-9 Fees for the certification of live plants, plant products, bees, beekeeping equipment, and regulated articles

(a) If a state certificate is required for the entry of an inspected article into another state or a foreign country, the person needing certification shall pay one or more of the following fees, as applicable:

(1) $30 for a certificate for a commodity or article certified for domestic shipment;

(2) $50 for a certificate for a commodity or article certified for international shipment; or

(3) 25 cents for each bale tag provided to satisfy a weed-free forage requirement.

(b) If a federal certificate is also required for the entry of an inspected article into another state or a foreign country, the associated fee shall be added to the amount or amounts specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2118; effective Oct. 18, 2002; amended Feb. 2, 2007; amended May 18, 2012; amended Jan. 17, 2025.)

Kan. Admin. Regs. § 4-15-9a Live plant dealer; certificate of inspection

(a) Any live plant dealer may request a certificate of inspection to establish that the live plant dealer's live plants meet pest freedom standards.

(b) Each inspection pursuant to this regulation shall be conducted at a time chosen by the secretary to permit adequate inspection for the presence of plant pests giving consideration to the type of live plants inspected. If necessary due to the diversity of the live plants or for other reasons, multiple inspections may be conducted by the secretary.

(c) If the live plants inspected meet pest freedom standards, a certificate of inspection may be issued by the secretary.

(d) Each certificate of inspection shall be valid for one of the following:

(1) A period beginning on October 1 of the year the inspection was conducted through September 30 of the following calendar year; or

(2) a lesser period that the secretary may determine based upon the request of the live plant dealer due to the growing season and distribution schedule for the live plants.

(e) Any request for a certificate of inspection may be denied and any certificate of inspection may be revoked by the secretary upon finding any of the following:

(1) An adequate inspection cannot be conducted.

(2) The live plant dealer's live plants do not meet pest freedom standards.

(3) Denial of the request for a certificate of inspection or revocation of the certificate of inspection is necessary to prevent or retard the spread of a plant pest that could cause economic or environmental harm.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 2-2126, as amended by L. 2011, ch. 72, sec. 11; implementing K.S.A. 2010 Supp. 2-2118, as amended by L. 2011, ch. 72, sec. 5; effective May 18, 2012.)

Kan. Admin. Regs. § 4-15-10 Pest freedom standards

(a) As used in this regulation, "possessed" shall include being grown, sold, or offered for sale, distributed, planted, transported, moved, or given away.

(b) The pest freedom standards specified in this regulation shall apply to all live plants grown, sold or offered for sale, distributed, planted, transported, moved, or given away by a live plant dealer or special event live plant dealer or the live plant dealer's or special event live plant dealer's designated agent.

(c) A live plant dealer, special event live plant dealer, or a designated agent of a live plant dealer or special event live plant dealer shall not possess within this state or cause or allow to enter into this state live plants on which quarantine pests are present.

(d) A live plant dealer, special event live plant dealer, or a designated agent of a live plant dealer or special event live plant dealer shall not possess within this state or cause or allow to enter into this state live plants on which regulated nonquarantine pests are present in excess of the applicable limits specified in this regulation.

(e) Live plant dealers, special event live plant dealers, and designated agents of live plant dealers or special event live plant dealers may possess within this state and cause or allow to enter this state live plants on which plant pests that are neither quarantine pests nor regulated nonquarantine pests are present.

(f) Live plants shall be free of quarantine pests and within the limits specified in this regulation for the presence of regulated nonquarantine pests to be eligible to be certified as meeting pest freedom standards pursuant to this regulation. When necessary for export, standards more stringent than those specified in this regulation may be utilized by the secretary to ensure compliance with all applicable quarantines and regulated nonquarantine pest freedom standards or to prevent economic or environmental harm.

(g) The classes of regulated nonquarantine pests shall be the following, with the limits specified:

(1) For insects that bore into live plants and Coccoidea insects the number of infested plants shall be zero percent of the total number of plants in the lot, cultivar, or group of a single species of plant; and

(2) for diseases known as viruses, viroids, phytoplasmas, spiroplasmas, and mycoplasmas; diseases caused by Phytophthora spp., Bursaphelenchus xylophilus (pine wood nematode), Meloidogyne (root knot nematodes), Erwinia amylovora (fire blight), and Agrobacterium tumefaciens (crown gall); and bacterial species that cause wilt diseases, the number of infected plants shall be zero percent of the total number of plants in the lot, cultivar, or group of a single species of plant.

(h) Lots, cultivars, and groups of single species of plants shall not be subject to the restrictions specified in subsection (g)(2) if all the following circumstances are met:

(1) The vector and virus at issue are species-specific;

(2) the disease at issue is generally accepted to cause little or no injury to any known host;

(3) a large percentage of the crop within the industry at issue is infected with the disease at issue and there has been no initiative to eradicate the disease; and

(4) the disease poses little risk for environmental or economic harm.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2117; effective Oct. 18, 2002; amended May 18, 2012; amended Jan. 17, 2025.)

Kan. Admin. Regs. § 4-15-11 Civil penalty; order

Each order assessing a civil penalty shall include the following: (a) A statement reciting each subsection of the act authorizing the assessment of a civil penalty;

(b) a statement of the factual basis for each violation alleged and a reference to each provision of the act or implementing regulation that the respondent is alleged to have violated;

(d) notice of the respondent's right to a hearing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 2-2126; implementing K.S.A. 2007 Supp. 2-2125; effective Oct. 18, 2002; amended July 18, 2008.)

Kan. Admin. Regs. § 4-15-13 Criteria to determine dollar amount of civil penalty

(a) A civil penalty of at least $100.00 but not more than $2,000.00 may be assessed by the secretary for each violation of the plant pest and agriculture commodity certification act, K.S.A. 2-2112 et seq., and amendments thereto, and the implementing regulations.

(b) In determining the amount of any civil penalty, the gravity of the violation shall be considered by the secretary. Factors to be considered shall include the following:

(1) The potential of the act to injure, endanger, or harm the health of any consumer, the general public, cultivated or native plant resources, or the environment;

(2) the severity of actual or potential harm or injuries;

(3) the respondent's history of compliance with the plant pest and agriculture commodity certification act, and amendments thereto, and the implementing regulations;

(4) any action taken by respondent to remedy the specific violation or to mitigate any adverse effects of the violation on public health, cultivated or native plant resources, or the environment as a result of the violation; and

(5) any misrepresentation or fraud involved in the violation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 2-2126; implementing K.S.A. 2011 Supp. 2-2125; effective Oct. 18, 2002; amended July 18, 2008; amended May 18, 2012.)

Kan. Admin. Regs. § 4-15-14 Informal settlement

(a) Any respondent may request a settlement conference if the respondent timely filed a written request for hearing. The request may be made before the prehearing conference.

(1) The respondent admits the jurisdictional allegations and admits the facts stipulated in the consent agreement.

(2) The respondent neither admits nor denies the specific violations contained in the order.

(3) The respondent consents to the assessment of a stated civil penalty.

The consent agreement shall include all terms of the agreement and shall be signed by all parties or their counsel.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 2-2126; effective Oct. 18, 2002; amended July 18, 2008.)

Article 16 Meat and Meat Products Inspection

Kan. Admin. Regs. § 4-16-1a Definitions

Each of the following terms, as used in the act and in the portions of the code of federal regulations adopted by reference in K.A.R. 4-16-1c, shall have the meaning specified in this subsection:

(1) "The act," "act," and "federal meat inspection act" shall mean K.S.A. 65-6a18 et seq. and amendments thereto.

(2) "Administrator" shall mean the secretary of the department of agriculture or the secretary's designee.

(3) "Secretary," "national supervisor," "area supervisor," "inspection service supervisor," "inspection program supervisor," "circuit supervisor," and "station supervisor" shall mean the secretary of the department of agriculture or the secretary's designee.

(4) "U.S." and "the United States" shall mean Kansas or the state of Kansas, as appropriate.

(5) "U.S.D.A." and "USDA" shall mean Kansas department of agriculture or KDA, as appropriate.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6a20, K.S.A. 65-6a25, K.S.A. 65-6a30, and K.S.A. 65-6a44; implementing K.S.A. 65-6a20, K.S.A. 65-6a21, K.S.A. 65-6a22, K.S.A. 65-6a23, K.S.A. 65-6a25, and K.S.A. 65-6a30; effective May 1, 1982; amended May 1, 1986; amended Jan. 1, 1989; amended Jan. 21, 1991; amended Jan. 25, 1993; amended Dec. 12, 1994; amended Sept. 5, 1997; amended Sept. 1, 2006; amended Dec. 5, 2008; amended May 10, 2013; amended April 4, 2025.)

Kan. Admin. Regs. § 4-16-1c Adoption by reference

(a) The following portions of title 7 of the code of federal regulations, as revised on January 1, 2022, except as otherwise specified, are hereby adopted by reference:

(1) part 65.300; and

(2) part 65.400.

(b) The following portions of title 9 of the code of federal regulations, as revised on January 1, 2022, except as otherwise specified, are hereby adopted by reference:

(1) part 71.10(b); and

(2) part 71.19.

(c) The following portions of title 21 of the code of federal regulations, as revised on April 1, 2022, except as otherwise specified, are hereby adopted by reference:

(1) part 172.5;

(2) part 172.510;

(3) part 172.620;

(4) part 172.623;

(5) part 172.626;

(6) part 172.695;

(7) part 172.854(a);

(8) part 172.892;

(9) part 173.310;

(10) part 178.1010;

(11) part 179.26(a);

(12) part 179.26(b);

(13) part 182.1217;

(14) part 182.1320;

(15) part 182.1748;

(16) part 182.3013;

(17) part 182.3041;

(18) part 182.3731;

(19) part 184.1033;

(20) part 184.1277;

(21) part 184.1322;

(22) part 184.1343;

(23) part 184.1639;

(24) part 184.1721;

(25) part 184.1751;

(26) part 184.1754;

(27) part 184.1768;

(28) part 184.1835; and

(29) part 184.1979c.

(d) The document titled "Kansas meat and poultry inspection code," dated February 29, 2024, and published by the Kansas department of agriculture's meat and poultry inspection program, is hereby adopted by reference, except for the preface.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6a20, K.S.A. 65-6a25, K.S.A. 65-6a30, K.S.A. 65-6a44, and K.S.A. 65-6a59; implementing K.S.A. 65-6a20, K.S.A. 65-6a21, K.S.A. 65-6a22, K.S.A. 65-6a23, K.S.A. 65-6a25, K.S.A. 65-6a30, K.S.A. 65-6a32, K.S.A. 65-6a59, and K.S.A. 65-6a60; effective May 1, 1986; amended May 1, 1988; amended Jan. 1, 1989; amended Jan. 21, 1991; amended Jan. 25, 1993; amended Dec. 12, 1994; amended Sept. 5, 1997; amended Sept. 1, 2006; amended Dec. 5, 2008; amended May 10, 2013; amended April 4, 2025.)

Kan. Admin. Regs. § 4-16-3a Exemptions

(a) Notwithstanding the requirements for the exemption as a "custom slaughterer" as set forth in 9 C.F.R. 303.1(a) and (b) adopted by reference in K.A.R. 4-16-1c, both the custom slaughtering of dead or dying animals by any person and the custom processing of the carcasses of dead or dying animals by any person shall be prohibited.

(b)(1) The custom slaughtering of diseased or disabled animals by any person and the custom processing of the carcasses of diseased or disabled animals by any person may be allowed if both of the following requirements are met:

(A) The animal shall be examined by a licensed veterinarian on the day of slaughter.

(B) The animal shall be accompanied by a health certificate that meets the following requirements:

(i) Is issued on the day of slaughter by that veterinarian. This health certificate shall be valid only on the date of issuance;

(ii) includes a record of the animal's body temperature, taken at the time of the veterinary examination;

(iii) for cattle, states that the animal was ambulatory when examined;

(iv) includes a description of the condition of the animal; and

(v) states that the animal is free of any visible signs of infection or contagious disease.

(2) Notwithstanding the slaughter of an apparently healthy animal or an animal for which a health certificate has been issued, an establishment shall not custom process any carcass of an animal so infected that consumption of the resulting products of the animal could pose a health risk. This prohibition shall include all carcasses showing signs of any of the following:

(A) Acute inflammation of the lungs, pleura, pericardium, peritoneum, or meninges;

(B) septicemia or pyemia, whether puerperal, traumatic, or without any evident cause;

(D) acute, diffuse metritis or mammitis;

(E) phlebitis of the umbilical veins;

(F) septic or purulent traumatic pericarditis;

(G) any of the following conditions or similar conditions, either singly or in combination:

(i) Any acute inflammation, abscess, or suppurating sore, if associated with acute nephritis;

(ii) fatty and degenerated liver;

(iii) swollen, soft spleen;

(iv) marked pulmonary hyperemia;

(v) general swelling of lymph nodes;

(vi) diffuse redness of the skin;

(vii) cachexia; or

(viii) icteric discoloration of the carcass; or

(H) salmonellosis.

(3) The department shall not be responsible for the costs associated with obtaining a health certificate.

(4)(A) An establishment may lose the privilege of custom slaughtering and custom processing diseased or disabled animals if any of the following occurs at the establishment:

(i) Custom slaughter, custom processing, or both, without the required health certificate;

(ii) custom slaughtering, custom processing, or both, with an inaccurate, incomplete, or falsified health certificate. Evidence of the falsification of any health certificate shall be forwarded to USDA-APHIS and to the Kansas board of veterinary medical examiners;

(iii) custom slaughtering, custom processing, or both, of an animal that is so infected that consumption of the resulting products from that animal could pose a health risk; or

(iv) any other violation of this act or any regulations adopted pursuant to this act.

(B) The slaughtering of diseased or disabled animals on a custom basis without the required health certificate may result in the revocation of the custom exemption.

(c) Except as specified in this subsection, the following animals with any of these conditions shall not be eligible for slaughter or processing for human food on a custom basis at any establishment and shall not be issued a health certificate:

(1) Livestock that are known to have reacted to the tuberculin test;

(2) any swine having a temperature of 106° F or higher and any cattle, sheep, or goats having a temperature of 105° F or higher;

(3) any animal found in a comatose or semicomatose condition;

(4) nonambulatory disabled cattle, which shall mean cattle that cannot rise from a recumbent position and that cannot walk, including those cattle with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions;

(5) all livestock showing symptoms of anaplasmosis, ketosis, leptospirosis, listeriosis, parturient paresis, pseudorabies, rabies, scrapie, tetanus, grass tetany, transport tetany, strangles, purpura hemorrhagica, azoturia, infectious equine encephalomyelitis, toxic encephalomyelitis (forage poisoning), dourine, acute influenza, generalized osteoporosis, glanders (farcy), acute inflammatory lameness, or extensive fistula;

(6) all swine found to be affected with hog cholera;

(7) all swine that are of lots in which one or more animals have been found to be affected with hog cholera;

(8) any animal found to be affected with epithelioma of the eye;

(9) any animal found to be affected with anthrax;

(10) any animal of a lot in which anthrax is found, until it has been determined by a veterinary inspection that no anthrax-infected livestock remain in the lot;

(11) all cattle found, upon veterinary inspection, to be affected with anasarca in an advanced stage and characterized by an extensive and generalized edema;

(12) any hog showing that it is affected with acute swine erysipelas;

(13) any animal showing signs of the onset of parturition, until after parturition and passage of the placenta;

(14) any goat that has reacted to a test for brucellosis; or

(15) any animal suspected of having been treated with or exposed to any substance that could impart a biological residue that would make the edible tissues unfit for human food or otherwise adulterated.

(d) Only those requirements of the act relating to sanitation and adulteration shall apply to the slaughtering or processing, or both, of healthy rabbits by any person if either of the following conditions is met:

(1) The rabbits are raised by that person and are for the exclusion use or consumption by that person, members of that person's household, former members of that person's household, or that person's nonpaying guests and employees.

(2)(A) That person slaughters not more than 250 rabbits in a calendar year;

(B) the rabbits are for distribution directly to household consumers from that person's own premises; and

(C) that person does not engage in the business of buying or selling any rabbits or rabbit products capable of use as human food in a calendar year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 65-6a44; implementing K.S.A. 2005 Supp. 65-6a31; effective Jan. 1, 1989; amended Sept. 1, 2006.)

Kan. Admin. Regs. § 4-16-7a Inspection fees

(a) Each establishment that requires inspection services at any time other than the establishment's regularly scheduled inspection periods or requests voluntary inspection services shall be subject to the charges specified in this regulation to defray the department's costs of providing these inspection services. Regularly scheduled inspection periods shall not include any legal holiday or any officially observed holiday as designated in K.A.R. 1-9-2.

(b) Each establishment that requests inspection services on a legal holiday or an officially observed holiday as designated in K.A.R. 1-9-2 shall give the secretary at least two weeks' notice before the holiday. Except for Martin Luther King, Jr. Day, the Fourth of July, and Veterans' Day, if the legal holiday occurs or is observed on a Monday or Friday, the fees shall also apply to inspection services requested during the adjacent weekend.

(c)(1) The hourly fee shall be $28. The hourly fee shall be calculated in quarter-hour units. Unless otherwise specified, a required minimum charge of two hours shall be assessed.

(2) For slaughter with the mark of inspection, the hourly fee shall be assessed for the amount of time needed to conduct the inspection. The inspection shall include the inspector's drive time to and from the establishment. If the establishment processes with the mark of inspection that day, then the amount of time to inspect the processing operations shall be included in the total inspection time.

(3) For processing with the mark of inspection, a fee of $40 shall be assessed per day if the establishment is processing with the mark of inspection and not slaughtering with the mark of inspection.

(d) Each establishment that requests inspection services over eight hours in one day shall be assessed fees as follows, if the secretary can accommodate the extra time:

(1) If the request is made before the inspector's arrival at the establishment or while the inspector is at the establishment, the hourly fee shall be assessed for the actual time of the additional inspection. The two-hour minimum charge shall be waived, and the inspector's drive time shall not be charged.

(2) If the request is made after the inspector has left the establishment, the hourly fee shall be assessed, including the two-hour minimum charge. The inspector's drive time shall not be charged.

(3) If the establishment requests to slaughter with the mark of inspection when the regularly inspected operation is processing, the request may be granted by the secretary without assessing overtime charges if the operations will not exceed the establishment's regularly scheduled hours that day.

(4) Any requests specified in this subsection may be denied by the secretary if the requested additional time at the establishment causes inspections to be missed at other establishments.

(e) Payment of all applicable fees shall be due at or before the end of the month following the date of the requested inspection services. If the fees are not paid, requests for the following may be denied by the secretary:

(1) Inspection services on holidays;

(2) inspection services outside of the establishment's regularly scheduled inspection periods; and

(3) voluntary inspection services.

(f) Any applicable fees may be waived by the secretary under either of the following conditions:

(1) The establishment trades a regularly scheduled day of inspection in the week during which the additional inspection services are provided.

(2) Additional requested inspection services can be provided without causing undue hardship to the program.

(g) For fees associated with 4-H slaughter or processing, each establishment providing slaughter services associated with 4-H shall be assessed fees as follows for each seven-day calendar week, Sunday through Saturday:

(1) The facility shall be provided with not more than eight hours of inspection services without charge for 4-H slaughter operations in a 24-hour period.

(2) Inspection services for 4-H slaughter for more than eight hours in a calendar week shall be subject to the hourly fee specified in subsection (c) for slaughter.

(3) The fee may be waived if the facility cancels a day of inspection in the same seven-day calendar week in which 4-H slaughter is conducted.

(4) The fee shall be assessed for actual inspection time and shall not include the inspector's drive time to and from the facility.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 65-6a26 and K.S.A. 2011 Supp. 65-6a44; implementing K.S.A. 2011 Supp. 65-6a26; effective May 1, 1986; amended Jan. 1, 1989; amended July 1, 1993; amended Jan. 17, 2003; amended July 18, 2008; amended May 10, 2013.)

Kan. Admin. Regs. § 4-16-300 Civil penalty; order

Each order assessing a civil penalty shall include the following:

(a) A statement citing K.S.A. 65-6a56, and amendments thereto, authorizing the assessment of a civil penalty;

(b) a specific reference to each provision of the act or implementing regulation that the respondent is alleged to have violated;

(d) the amount of the civil penalty that is assessed; and

(e) the notice of the respondent's right to request a hearing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a56; effective July 1, 1992; amended Dec. 12, 1994; amended July 18, 2008.)

Kan. Admin. Regs. § 4-16-302 Amount of civil penalty

(a) A separate civil penalty shall be assessed for each violation of any provision of the Kansas meat and poultry inspection act or any implementing regulation that results from each independent act or failure to act by any person or the person's agent or employee. In determining whether a given violation is independent of and substantially distinguishable from any other violation for the purpose of assessing separate civil penalties, consideration shall be given to whether each violation requires an element of proof not required by another violation. If several violations require the same elements of proof and are not distinguishable, assessment of separate civil penalties shall be within the discretion of the secretary or the secretary's authorized representative.

(b) For each violation, the amount of the civil penalty shall be within the following ranges:

(1) For each violation of K.S.A. 65-6a34 or K.S.A. 65-6a41, and amendments thereto, or any regulations implementing these statutes, the civil penalty shall be not less than $100 and not more than $1,000.

(2) For each violation of K.S.A. 65-6a22, K.S.A. 65-6a24, K.S.A. 65-6a25, K.S.A. 65-6a27(a), K.S.A. 65-6a29, K.S.A. 65-6a31, or K.S.A. 65-6a32, and amendments thereto, or any regulations implementing these statutes, the civil penalty shall be not less than $100 and not more than $2,500.

(3) For each violation of K.S.A. 65-6a20, K.S.A. 65-6a21, K.S.A. 65-6a23, K.S.A. 65-6a27(b), 65-6a28, or K.S.A. 65-6a33, and amendments thereto, or any regulations implementing these statutes, the civil penalty shall be not less than $100 and not more than $5,000.

(c) For the second or each subsequent occurrence of a violation within a three-year period for which a civil penalty has been assessed, the civil penalty assessed for the subsequent violation shall be not less than double the amount of the civil penalty assessed for the original violation but not more than the maximum amount for the category listed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a56; effective July 1, 1992; amended July 18, 2008.)

Kan. Admin. Regs. § 4-16-303 Criteria to determine dollar amount of the civil penalty

In determining the amount of civil penalty, the gravity of the violation shall be considered by the secretary or the secretary's designee. Factors to be considered shall include the following: (a) The potential of the act to injure or endanger the health of any consumer, or the general public;

(b) the severity of actual or potential injuries;

(c) the respondent's history of compliance with the Kansas meat and poultry inspection act and the implementing regulations;

(d) any action taken by the respondent to remedy the specific violation or to mitigate any adverse effects that were the result of the violation; and

(e) specification of whether or not the violation involved any adulterated article, misrepresentation, or fraud.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a56; effective July 1, 1992; amended July 18, 2008.)

Kan. Admin. Regs. § 4-16-304 Informal settlement

(a) Any respondent may request a settlement conference if the respondent timely filed a written request for hearing. The request may be made before the prehearing conference.

(1) The respondent admits the jurisdictional allegations and admits the facts stipulated in the consent agreement.

(2) The respondent neither admits nor denies the specific violations contained in the order. The respondent consents to the assessment of a stated civil penalty, if any is assessed.

The consent agreement shall include all terms of the agreement and shall be signed by all parties or their counsel.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a56; effective July 1, 1992; amended Dec. 12, 1994; amended July 18, 2008.)

Kan. Admin. Regs. § 4-16-305 Adjusting the amount of the civil penalty

(b) Upon presentation by the respondent of new evidence establishing facts and circumstances that were unknown to the secretary or to the secretary's duly authorized agent when the order was issued and that relate to the gravity of the violation, an adjusted civil penalty may be assessed. If these additional facts establish that a respondent did not commit a violation, the order shall be amended or vacated.

(d) The amount of a civil penalty shall not be reduced to less than $100 per offense.

(1) Whether or not a civil penalty is reduced shall be within the sole discretion of the secretary or the secretary's duly authorized representative.

(2) Reductions shall not occur unless evidence of mitigating factors has been presented by a respondent.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a56; effective July 1, 1992; amended Dec. 12, 1994; amended July 18, 2008.)

Kan. Admin. Regs. § 4-16-306 Retail exemption; establishments selling food other than meat and poultry

(a) Any person operating an establishment that is registered or required to be registered under the Kansas meat and poultry inspection act may process meat and poultry products for retail sale without the mark of inspection as specified in 9 C.F.R. 303.1, as adopted in K.A.R. 4-16-1c, if both of the following conditions are met:

(1) The establishment is maintained and operated in a sanitary manner.

(2) The establishment meets the applicable requirements of the department's regulations to ensure that any carcasses or parts thereof, meat, meat food products, poultry, and poultry products handled on a retail basis, and any containers or packages containing these products, are separated at all times from both of the following:

(A) Carcasses or parts thereof, meat, meat food products, poultry, and poultry products that bear the mark of inspection; and

(B) carcasses or parts thereof, meat, meat food products, poultry, and poultry products custom-prepared according to K.S.A. 65-6a31(b), and amendments thereto, and 9 C.F.R. 303.1, as adopted in K.A.R. 4-16-1c.

(b) If an establishment at which inspection under the Kansas meat and poultry inspection act is maintained processes or sells food other than meat, meat food products, poultry, or poultry products, the owner or operator of that establishment may be required to obtain a separate license, permit, or registration for those operations at the establishment under the Kansas food, drug, and cosmetic act, K.S.A. 65-619 et seq. and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 65-6a30 and 65-6a44; implementing K.S.A. 2011 Supp. 65-6a30, K.S.A. 2011 Supp. 65-6a31, as amended by L. 2012, ch. 145, sec. 30, and K.S.A. 65-6a34, as amended by L. 2012, ch. 145, sec. 31; effective May 10, 2013.)

Article 19 Soil Amendments

Kan. Admin. Regs. § 4-19-1 Registration fee

The registration fee for each soil amendment shall be $100.00 for each product registered.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 2-2805 and K.S.A. 2-2811; implementing K.S.A. 2005 Supp. 2-2805; effective, T-83-35, Nov. 10, 1982; effective May 1, 1983; amended, T-4-6-27-02, July 1, 2002; amended Oct. 25, 2002; amended Feb. 23, 2007.)

Article 20 Chemigation

Kan. Admin. Regs. § 4-20-3 Records and reports

(a) Each person using a chemigation process shall keep records regarding each application of any chemical other than water or animal waste. The records shall contain the following information:

(1) the type of chemical used;

(2) the amount of active ingredient used;

(3) the date of use;

(4) the legal description of the location of the water supply or the point of diversion of the water supply;

(5) the total number of acres treated by means of chemigation;

(6) the type of crop to which the chemical was applied; and

(7) the EPA registration number for each pesticide applied and the name of the target pest stated as the common name for the pest or pests. When pesticides are applied for the control of weeds, the target pests may at a minimum be identified as grassy or broadleaf weeds. Records required under this section shall be retained by the holder of the chemigation user permit for a period of not less than two years from the date of application.

(b) Each person using a chemigation process to apply animal wastes through the person's chemigation system shall keep records regarding each application of animal waste. The records shall contain the following information:

(1) the date of application; and

(2) the location of the water supply used for chemigation or the legal description of the point of diversion.

(c) Each application for renewal of a chemigation user permit shall be accompanied by a copy of the records for chemigation use during the previous year as described in paragraphs (a) and (b) of this regulation.

(d) Each chemigation permit holder shall report immediately both to the secretary of the board of agriculture and to the secretary of health and environment all spills, accidents, system malfunctions, or other situations involving actual or potential contamination of either groundwater or surface water.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-3309; implementing K.S.A. 1988 Supp. 2-3303; effective, T-86-27, Aug. 19, 1985; effective May 1, 1986; amended March 26, 1990.)

Kan. Admin. Regs. § 4-20-4 Permits

No individual shall supervise more than 10 operating chemigation units at one time.

Each individual possessing a chemigation user permit shall be responsible for insuring that those persons who work under his or her direct supervision and who handle pesticides:

(a) are knowledgeable in the use of the pesticide;

(b) are knowledgeable concerning the proper calibration methods for the pesticide;

(d) follow all applicable directions on the pesticide's label; and

(e) use all safety precautions pertaining to that pesticide.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1985 Supp. 2-3309; implementing K.S.A. 1985 Supp. 2-3306; effective, T-86-27, Aug. 19, 1985; effective May 1, 1986; amended May 1, 1987.)

Kan. Admin. Regs. § 4-20-5 Waterline check valves

(a) Each waterline check valve required by K.S.A. 2-3305, and amendments thereto, shall be constructed and installed in accordance with the requirements specified in K.A.R. 5-6-13a.

(b) Each check valve and all required components shall be maintained in an operating condition that prevents backflow into the source of water supply whenever a foreign substance could reasonably be expected to be introduced into the water system.

(c) Each chemigation installation, unit, or system that can serve as a conduit for chemicals, effluent, or any substance while water is not being pumped shall also be equipped with a positive closing gate valve or its equivalent. This valve shall be located between the check valve and the point at which chemicals, effluents, or other substances enter the water distribution system and shall be closed whenever chemicals, effluents, or other substances enter the distribution system and water is not being pumped.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3309; implementing K.S.A. 2-3305; effective, T-86-27, Aug. 19, 1985; effective May 1, 1986; amended March 26, 1990; amended Oct. 24, 2003.)

Kan. Admin. Regs. § 4-20-6 Injection equipment

(a) The injection equipment used shall be constructed and maintained in a manner which prohibits application of any pesticide at a rate which exceeds the maximum rate of application recommended by the pesticide's label or labeling and which prohibits application of any fertilizer or animal wastes at any rate which exceeds the planned application rate. Injection equipment shall be calibrated before each chemigation application.

(b) Chemigation users who apply only animal wastes through their irrigation distribution systems are required to install only those anti-pollution devices required by K.S.A. 2-3305.

(1) a manually operated valve on the supply tank;

(2) a strainer on the suction side of the injection pump; and

(3) a calibration device of sufficient volume to accurately calibrate the injection pump.

(d) For pesticides, the following additional pieces of equipment shall be used;

(1) an air bleeder valve on the injection line;

(2) a positive displacement injection pump; and

(3) any other equipment required by the pesticide's label or labeling.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-3309; implementing K.S.A. 2-3305 as amended by L. 1989, Ch. 7, Sec. 3; effective, T-86-27, Aug. 19, 1985; effective May 1, 1986; amended March 26, 1990.)

Kan. Admin. Regs. § 4-20-7 Vacuum relief device and automatic low-pressure drain

The vacuum relief device and automatic low-pressure drain shall be properly installed and shall be fully operational whenever the chemigation process is being used. These devices shall not be blocked, capped or otherwise modified in any manner which prevents their proper operation in any manner to render them inoperable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-3309; implementing K.S.A. 2-3305 as amended by L. 1989, Ch. 7, Sec. 3; effective March 26, 1990.)

Kan. Admin. Regs. § 4-20-8 Chemical injection line and checkvalve

The point at which any chemical, fertilizer or animal waste is injected into the irrigation distribution system shall be located on the downstream side of any waterline checkvalve. The chemical injection line shall contain a checkvalve which shall be located between the chemical injection pump and the point at which any chemical or fertilizer enters the irrigation distribution system.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3309; implementing K.S.A. 1988 Supp. 2-3305 as amended by L. 1989, Ch. 7, Sec. 3; effective March 26, 1990.)

Kan. Admin. Regs. § 4-20-11 Civil penalties

(a) The process for issuing and processing civil penalties shall follow the procedure established in K.A.R. 4-13-60 and in K.A.R. 4-13-62 through 4-13-65, except for the following:

(1) The provision of K.A.R. 4-13-62(b) shall be replaced by the provisions of subsection (b) in this regulation.

(2) The terms "state and federal pesticide laws" and "pesticide law" contained in K.A.R. 4-13-60 and K.A.R. 4-13-62 through 4-13-65 shall be replaced by the term "the Kansas chemigation safety law," as the context requires.

(3) The term "pesticide business licensee" shall be replaced by the term "person" or "swine facility," as the context requires.

(b) The amount of civil penalty assessed for each violation shall be within the following ranges:

(1) For each violation of K.S.A. 2-3305, and amendments thereto, the civil penalty shall be not less than $100 and not more than $5,000.

(2) For each violation of K.S.A. 2-3308(a)(2), (a)(3), or (a)(4), and amendments thereto, the civil penalty shall be not less than $100 and not more than $5,000.

(3) For each violation of K.S.A. 2-3313(a) or (b) or of K.S.A. 2-3313(f) or (i), and amendments thereto, the civil penalty shall be not less than $100 and not more than $5,000.

(4) For each violation of K.S.A. 2-3308, and amendments thereto, not covered in paragraph (b)(2) in this regulation, the civil penalty shall be not less than $100 and not more than $1,000.

(5) For each violation of K.S.A. 2-3313, and amendments thereto, not covered in paragraph (b)(3) in this regulation, the civil penalty shall be not less than $100 and not more than $1,000.

(6) For each application of waste in violation of K.S.A. 2-3318, and amendments thereto, the civil penalty shall be not less than $100 and not more than $5,000.

(c) For any subsequent occurrence of a violation for which a civil penalty has been assessed within a three-year period, the civil penalty assessed for this violation shall be the maximum amount for the category listed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2007 Supp. 2-3309; implementing K.S.A. 2-3308 and 2-3317; effective March 26, 1990; amended, T-4-12-29-98, Jan. 1, 1999; amended April 23, 1999; amended April 4, 2003; amended July 18, 2008.)

Kan. Admin. Regs. § 4-20-12 Certified chemigation equipment operator examination

(a) Examinations for certified chemigation equipment operators shall be provided by the Kansas state board of agriculture. A grade of 75% correct answers shall be required to pass the examination.

(b) Examinations for chemigation equipment operator certification shall test the applicant's knowledge in those subject areas set out in K.S.A. 2-3306 as amended and supplemented involving chemigation practices associated with the applicant's agricultural operation and the applicant's legal responsibility as a certified chemigation equipment operator.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-3309; implementing K.S.A. 1988 Supp. 2-3306 as amended by L. 1989, Ch. 7, Sec. 5; effective March 26, 1990.)

Kan. Admin. Regs. § 4-20-13 Certificates and pocket cards

A certificate and pocket card shall be issued to each certified person upon satisfactory completion of the requirements for certification. Such certificate and pocket card shall show the applicator's name, type of certificate issued, the expiration date of the certification and other pertinent information. The certified chemigation equipment operator shall produce such certificate or pocket card when requested to do so by any law enforcement official, the secretary or any authorized representative of the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-3309; implementing K.S.A. 1988 Supp. 2-3306 as amended by L. 1989, Ch. 7, Sec. 5; effective March 26, 1990.)

Kan. Admin. Regs. § 4-20-14 Report of address change by certified chemigation equipment operators

Each certified chemigation equipment operator shall notify the secretary of any change in the operator's mailing address by the 10th day of the month following the month during which such change occurred.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1988 Supp. 2-3309; implementing K.S.A. 1988 Supp. 2-3306 as amended by L. 1989, Ch. 7, Sec. 5; effective March 26, 1990.)

Kan. Admin. Regs. § 4-20-15 Agronomic application rates

The agronomic application rate for swine waste shall be the amount of waste required for plant nutrition and for the nutrient-holding capacity of the surfaces or soils to which swine waste is applied, as determined by sound agronomic methods. Sound agronomic application rates shall be determined in consultation with Kansas state university. Sound agronomic methods may include the rate derived from the calculations from the form prescribed by the secretary of agriculture in K.A.R. 4-21-1 and K.A.R. 4-21-7.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3305, K.S.A. 2-3309; implementing K.S.A. 2-3318, as amended by L. 2002, ch. 181, sec. 14 and K.S.A. 2001 Supp. 65-1,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999; amended April 4, 2003.)

Article 21 Nutrient Utilization Plans

Kan. Admin. Regs. § 4-21-1 "Nutrient utilization plan" defined; amendments to the plan; exceptions

(a) A confined feeding facility for swine under Kansas law that has an animal unit capacity of 1,000 or more and whose waste is applied to land shall prepare a nutrient utilization plan for review by the secretary of agriculture. The plan shall be on a form prescribed by the secretary and shall be a plan that forecasts nutrient management from the date of submission through the next five years. The plan shall be updated annually, maintained at the office of the swine facility, along with the three previous years' versions of the records, and made available to the secretary of agriculture upon request.

(b) Whenever the term "waste" is referred to in article 21 of these regulations, it shall mean swine manure, swine wastewater, or swine manure and swine wastewater mixed together.

(c) Changes in conditions that warrant amendments requiring the secretary's approval to a facility's nutrient utilization plan shall include any of the following:

(1) A swine facility's permit is no longer valid, but the facility plans to seek a new permit.

(2) Additional land to which waste will be applied is not described in an approved plan.

(3) A procedure for waste application will be used that is not described in an approved plan.

(4) Land included in an approved nutrient utilization plan is no longer available for application as provided for in the approved nutrient utilization plan because legal authorization for land application no longer exists for that land.

(5) A phosphorus soil analysis result exceeds the phosphorus-holding capacity of the soil in a field as prescribed by K.A.R. 4-21-7.

(d) Swine facilities required by law to prepare nutrient utilization plans shall submit any other amendments necessary to facilitate approval as requested by the secretary of agriculture.

(e) Any amendment described in subsection (c) or subsection (d) of this regulation to the plan shall be submitted to the secretary of agriculture and approved by the secretary before the application of waste.

(f) "Swine facility" or "facility," as used in article 21 of these regulations, shall mean a confined feeding facility for swine under Kansas law that has an animal unit capacity of 1,000 or more and that applies manure or wastewater to land.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3309; implementing K.S.A. 2-3302, K.S.A. 2002 Supp. 2-3318 and K.S.A. 65-1,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999; amended April 4, 2003.)

Kan. Admin. Regs. § 4-21-2 "Field" defined

A field is defined, for purposes of preparation of a nutrient utilization plan, as an expanse of land devoted to one particular crop or tillage condition at a time and managed uniformly. A field shall also be the area identified by section, township, and range and outlined on a site map contained in a filed nutrient utilization plan approved by the secretary of agriculture.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1998 Supp. 2-3305 and 2-3309; implementing K.S.A. 1998 Supp. 2-3318 and 65-1,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999.)

Kan. Admin. Regs. § 4-21-3 Soil samples

(a) (1) The soil nutrient values may be determined either by analysis of a single composite of representative samples from a field or from the mathematical average of all the results from grid samples. Grid soil sampling is defined as a systematic method of sampling that separates the field into identified subunits with each subunit sampled separately. Each composite sample shall be representative, at the time it is taken, of the soils and of the nutrient values in the field from which the sample is taken.

(2) Each field where waste is to be applied shall be sampled before the application unless the field has been sampled in the preceding 12 months, but sampling shall not be required more frequently than annually unless required by the department due to elevated nutrient levels. The sampling shall consist of a representative number of soil cores from each field and shall be collected by either of the following methods:

(A) Two composite samples shall be collected from each field by separating the top six inches of each core collected from the bottom of the core sample. If multiple cores are taken, all samples from the top six inches of soil shall be mixed together. This composite sample shall be tested for phosphorous, zinc, copper, nitrate-N, and chloride. The bottom segment of each soil core sample from six through 24 inches shall then be mixed together, and this composite sample shall be tested for nitrate-N and chloride.

(B) Two composite samples shall be collected by obtaining individual core samples. A composite sample to be tested for phosphorous, copper, and zinc shall be collected from the top six inches of the soil and mixed if multiple cores are collected. The second composite sample shall be tested for nitrate-N and chloride, and shall be collected by taking a core sample from the soil surface to a soil depth of 24 inches. If multiple cores are taken, the samples shall be mixed before testing.

(b) The owner or operator of each swine facility shall sample the soil within 60 days following any application of waste if the application is the result of an emergency waste disposal. Each individual who collects any soil sample to comply with these regulations shall certify the location and number of representative cores collected from the field.

(c) A copy of the certification of each field and the laboratory analysis of composite or grid soil sample shall be maintained in the office of the swine facility and made available to the secretary of agriculture or designee upon request. The certification required by this regulation shall be submitted on a form prescribed by the secretary.

(d) Samples shall be taken by the secretary of agriculture or designee if, at that individual's discretion, an inspection requires a sample. Each composite soil sample taken by the secretary of agriculture or designee shall be taken in the manner required by this regulation and by K.A.R. 4-21-4. A composite soil sample taken by the secretary of agriculture or designee shall be presumed to be representative of the field. Whether a sample is representative shall be within the sole discretion of the secretary of agriculture, and the secretary's determination of whether a sample is representative shall be final.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3305 and K.S.A. 2-3309; implementing K.S.A. 2-3318, as amended by L. 2002, ch. 181, sec. 14 and K.S.A. 2001 Supp. 65-1,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999; amended April 4, 2003.)

Kan. Admin. Regs. § 4-21-4 Soil tests

The composite soil samples from each field shall be analyzed for the nutrients specified in subsection (a) in the manner prescribed by this regulation.

(a) The analyses listed in this subsection shall follow the directions on the specified pages that are hereby adopted by reference from the north central regional research publication no. 221, "recommended chemical soil test procedures for the north central region," revised January 1998, as follows:

(1) The analysis for nitrate-N shall follow the directions on pages 17 through 19.

(2) The analysis for phosphorus shall follow the directions on pages 21 through 26. Calcareous soils shall follow the directions for the Olsen phosphorus test on pages 25 through 26. For noncalcareous soils, the analysis shall follow the directions for either the Bray and Kurtz P-1 analysis, on pages 21 through 22, or the Mehlich 3 analysis, on pages 23-24. Calcareous soil is defined as soil having a pH above 7.0 that effervesces when a solution of 3N (three normal) hydrochloric acid is added drop-wise to the sample.

(3) The analysis for copper shall follow the directions for diethylenetriaminepentaacetic acid (DTPA) extraction on pages 41 through 42.

(4) The analysis for chlorides shall follow the directions for the mercury (II) thiocyanate method on pages 49 through 50.

(5) The analysis for zinc shall follow the directions for DTPA extraction on pages 41 through 42.

(b) An analysis different from any analysis specified in this regulation may be used if the analysis is based on generally recognized sound agronomic interpretations and laboratory methods and is approved by the secretary of agriculture.

(c) The authorized representative for the laboratory at which the sample was analyzed shall certify that the sample was analyzed according to the applicable procedure set forth in this regulation and that the results of the analysis are an accurate analysis of the sample. The laboratory's certification shall show the date the sample was received, the date the sample was analyzed, the signature of the laboratory's authorized representative, and the results of the analysis for each chemical in each sample analyzed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3305 and K.S.A. 2-3309; implementing K.S.A. 2-3318, as amended by L. 2002, ch. 181, sec. 14 and K.S.A. 2001 Supp. 65-1,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999; amended April 4, 2003.)

Kan. Admin. Regs. § 4-21-5 Agreements to apply waste

Each agreement for the application of waste on land owned by a person or persons other than the swine facility that is required to prepare a nutrient utilization plan shall be in writing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3305 and K.S.A. 2-3309; implementing K.S.A. 2-3318, as amended by L. 2002, ch. 181, sec. 14 and K.S.A. 2001 Supp. 65-1,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999; amended April 4, 2003.)

Kan. Admin. Regs. § 4-21-6 Recordkeeping

(a) Each swine facility that is required to prepare a nutrient utilization plan shall keep records required by the law for the five years immediately preceding the date of the then-current inspection or for the years the swine facility operates after January 1, 1999. The swine facility shall not be required to keep records required by these regulations for more than five years from the date of approval.

(b) Actual nutrient values of waste may be used if the analysis used to determine the values is based on generally recognized sound agronomic interpretations and laboratory methods. Book values that are generally recognized as based on sound agronomic calculations may be substituted for actual values in preparing a nutrient utilization plan except for soil nutrient contents that require assay.

(d) Each facility shall maintain the records required for that facility by K.A.R. 4-21-1 through K.A.R. 4-21-7, and K.A.R. 4-20-15 at the facility's site office. All records required to be kept by K.A.R. 4-21-1 through K.A.R. 4-21-7, and K.A.R. 4-20-15 shall be made available to the secretary of agriculture upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3305 and K.S.A. 2-3309; implementing K.S.A. 2-3318, as amended by L. 2002, ch. 181, sec. 14 and K.S.A. 2001 Supp. 65-1,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999; amended April 4, 2003.)

Kan. Admin. Regs. § 4-21-7 Exceeding the agronomic rate for phosphorus-holding capacity

A phosphorus soil analysis, as required by the secretary, shall be deemed to exceed the agronomic rate for phosphorus-holding capacity of the soil in a field if any of the following conditions is met: (a) The average annual rainfall is less than or equal to 22 inches, all of the field has a slope of five percent or less, and the soil analysis result using the Bray and Kurtz P-1 or the Mehlich 3 analysis method for phosphorus ("P") for the field exceeds 200 ppm or exceeds 76 ppm of "P" using the Olsen analysis method, as adopted by reference in K.A.R. 4-21-4.

(b) The average annual rainfall is less than or equal to 22 inches, any part of the field has a slope of greater than five percent, and the soil analysis result using the Bray and Kurtz P-1 or the Mehlich 3 analysis method for "P" exceeds 150 ppm or exceeds 57 ppm of "P" using the Olsen analysis method.

(c) The average annual rainfall is greater than 22 inches but less than 30 inches, the slope for all of the field is less than five percent, and the soil analysis result using the Bray and Kurtz P-1 or Mehlich 3 analysis method for "P" for the field exceeds 150 ppm or exceeds 57 ppm of "P" using the Olsen analysis method.

(d) The average annual rainfall is greater than 22 inches but less than or equal to 30 inches, the slope of any part of the field is greater than five percent, and the soil analysis result using the Bray and Kurtz P-1 or Mehlich 3 analysis method for "P" for the field exceeds 100 ppm or exceeds 38 ppm of "P" using the Olsen analysis method.

(e) The average annual rainfall is greater than 30 inches, and the soil analysis result using the Bray and Kurtz P-1 or Mehlich 3 analysis method for "P" for the field exceeds 100 ppm or exceeds 38 ppm of "P" using the Olsen analysis method.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3309; implementing K.S.A. 2002 Supp. 2-3318 and K.S.A. 65-1,182; effective April 4, 2003.)

Article 25 Grain Warehouse

Kan. Admin. Regs. § 4-25-1a Definitions

Each of the following terms, as used in this article of the department's regulations, shall have the meaning specified in this regulation:

(a) "Act" means the Kansas grain warehouse law, K.S.A. 34-101 et seq. and amendments thereto, and the implementing regulations.

(b) "Conditional storage" means a location where grain is stored that is not part of the licensed storage of a licensed public warehouse but that meets the requirements of K.A.R. 4-25-19(c) or is otherwise deemed an adequate storage location by the secretary. Conditional storage may include adequately constructed steel or concrete bins with aeration; bunkers with adequate bases, sidewalls, tarps, and aeration; or any other structure approved by the secretary.

(c) "Emergency storage" means a location where grain is stored that is not part of the licensed storage of a licensed public warehouse, does not meet the requirements of K.A.R. 4-25-19(c), and has not otherwise been deemed an adequate licensed or conditional storage location by the secretary. This term shall include ground piles with no cover or aeration and other structures that do not have an adequate base, sidewall, cover, or aeration.

(d) "Functional unit" has the meaning specified for that term in K.S.A. 34-223, and amendments thereto.

(e) "Grain" has the meaning specified for that term in K.S.A. 34-223, and amendments thereto, and shall include dry edible beans.

(f) "Unpaid grain contract" means a contract, written or verbal, under which the title of grain has been transferred to a licensed public warehouse and the grain has been delivered to the licensed public warehouse, including a licensed conditional storage or emergency storage facility of the licensed public warehouse, but payment has not been made by the licensed public warehouse for the grain. This term shall include deferred payment contracts, price-later contracts, basis contracts, and other similar contracts.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and K.S.A. 34-223; effective Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-2 Record retention

(a) Each person who, as a result of licensure as a public warehouseman pursuant to the act, is liable for grain or has been liable for grain at any time during the preceding six years shall retain the following documents for all grain that the person is or was liable for during the preceding six-year period:

(1) Scale tickets;

(2) evidence of cancelled checks;

(3) customer ledgers;

(4) records of daily grain position;

(5) insurance records;

(6) warehouse receipts; and

(7) any other document, stored electronically or by any other means, that identifies in any way any grain for which the person is or was liable.

(b) Any records required to be maintained pursuant to this regulation may be completed and maintained electronically, but all records shall be made available to the secretary upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102, 34-228, 34-236, 34-246, 34-249a, 34-295a, 34-295b, and 34-2,104; effective March 8, 2002; amended Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-3 Return of documents

Each public warehouseman shall return to the secretary all unused warehouse receipts and all Kansas public warehouseman licenses when either of the following occurs:

(a) The public warehouseman is no longer engaged in business as a public warehouseman.

(b) The name of the public warehouseman changes.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-299; effective March 8, 2002.)

Kan. Admin. Regs. § 4-25-5 Storage liability reports

(a) No later than the fifth day of each month, each public warehouseman shall provide a copy of all of the public warehouseman's executed warehouse receipts for the previous month to the secretary. Copies of executed warehouse receipts may be provided to the secretary by electronic means. Each copy of executed warehouse receipts provided to the secretary by U.S. mail shall be postmarked no later than the fifth day of each month.

(b) Each public warehouseman shall maintain current and complete records at all times with respect to all grain, including grain owned by the public warehouseman, that is stored in or handled at the public warehouseman's licensed public warehouse. These records shall include a daily summarized position report, which shall include the following:

(1) The total quantity of each kind of grain received and shipped by the licensed public warehouse;

(2) the total quantity of each kind of grain remaining in the licensed public warehouse at the close of each business day; and

(3) the public warehouseman's total storage obligation for each kind of grain at the close of each business day.

(c) Each public warehouseman shall provide to the secretary, no later than the fifth day of each month, a statement of stocks of grain that were stored in the licensed public warehouse through the last day of the preceding month, reflected as a company total that includes all functional units.

(d) All records required to be maintained pursuant to this regulation may be completed and maintained electronically, but the records shall be made available to the secretary upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-295a; effective March 8, 2002; amended Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-6 Secretary's right to seal bins and weigh grain

Any grain on hand for which there are outstanding warehouse receipts may be weighed and required to be stored in sealed bins or tanks by the secretary.

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History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-239; effective March 8, 2002.)

Kan. Admin. Regs. § 4-25-7 Public warehouse receipts; form

(a) Each public warehouse receipt form shall comply with K.S.A. 34-239, and amendments thereto, and all other applicable provisions of the act. Each public warehouse receipt form issued to a licensed public warehouse on or after the effective date of this regulation shall include the following:

"The undersigned public warehouseman is not the owner of the grain covered by this receipt, solely, jointly, or in common with others, unless otherwise stated herein. It is hereby agreed that the grain herein described has been graded as required by law and may be stored with other grain of the same grade and that this grain is stored pursuant to the Kansas grain warehouse law and is subject to all of the rights, powers, privileges, and duties provided therein. This grain is fully covered by fire, lightning, tornado, and internal explosion insurance. The storage, insurance, elevation, and other charges incurred in conjunction with the storage of this grain shall be governed by the schedule of charges submitted to the secretary by the public warehouseman with whom this grain was deposited pursuant to K.S.A. 34-235, and amendments thereto."

(b) Each public warehouse receipt issued to a licensed public warehouse for subsequent issuance to a producer shall be issued to the licensed public warehouse by a vendor authorized by the secretary and shall be issued only in electronic form.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102, 34-238, and 34-239; effective March 8, 2002; amended Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-8 Scale tickets; inbound form

(a) All grain delivered by a depositor to any licensed public warehouse licensed pursuant to the act shall be weighed and graded as provided for in the act.

(b) Each scale ticket for grain deposited at a licensed public warehouse shall be plainly marked "inbound," shall be serially numbered, and shall contain, in a conspicuous location, the phrase "approved by the Kansas department of agriculture." Each ticket shall also include lines designated for the following:

(1) The name of the licensee receiving the grain;

(2) the date the grain was deposited;

(3) the name of the depositor delivering the grain;

(4) the gross weight of the grain deposited;

(5) the tare weight of the grain deposited;

(6) the net weight of the grain deposited and a designation of whether the driver was on or off the truck when the net weight was obtained;

(7) the test weight of the grain deposited;

(8) the price of the grain deposited;

(9) the kind of grain deposited; and

(10) the signature of the public warehouseman or a duly authorized agent of the public warehouseman.

(c) Any public warehouseman may include additional information on a scale ticket. However, inbound scale tickets shall be used only for grain received by the public warehouseman and shall not be used for custom weighing or for any other purpose that is not expressly permitted by the act.

(d) Each public warehouseman shall maintain a copy of all inbound scale tickets, including voided tickets, in numerical order and shall furnish a copy of any inbound scale ticket to the secretary upon request. Copies of inbound scale tickets may be maintained in electronic form.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-233; effective March 8, 2002; amended Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-9 Scale tickets; outbound form

(a) All grain shipped or transferred by a licensed public warehouseman by any means of transportation except rail or water shall be weighed as required by the act.

(b) Each scale ticket for grain shipped or transferred by a licensed public warehouseman by any means of transportation except rail or water shall be plainly marked "outbound," shall be serially numbered, and shall contain, in a conspicuous location on the ticket, the phrase "approved by the Kansas department of agriculture." Each ticket shall include lines designated for the following:

(1) The name of the licensee shipping or transferring the grain;

(2) the date of the shipment or transfer;

(3) the name of the customer to whom the grain is being shipped or transferred;

(4) the gross weight of the grain being shipped or transferred;

(5) the tare weight of the grain being shipped or transferred;

(6) the net weight of the grain being shipped or transferred and a designation of whether the driver was on or off the truck when the net weight was obtained;

(7) the test weight of the grain being shipped or transferred;

(8) the price of the grain;

(9) the kind of grain being shipped or transferred; and

(10) the signature of the public warehouseman or a duly authorized agent of the public warehouseman.

(c) Any public warehouseman may include additional information on a scale ticket. However, outbound scale tickets shall be used only for grain shipped or transferred by the public warehouseman and shall not be used for custom weighing or for any other purpose that is not expressly permitted by the act.

(d) Each public warehouseman shall maintain copies of all outbound scale tickets, including voided tickets, in numerical order and shall furnish a copy of any outbound scale ticket to the secretary upon request. Copies of outbound scale tickets may be maintained in electronic form.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-233; effective March 8, 2002; amended Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-10 Grain bank grain

(a) Grain bank grain shall be considered storage grain and shall be subject to the same requirements as those for storage grain.

(b) Any public warehouseman may waive the public warehouse's minimum load-out and receiving fees for grain that is processed in the same public warehouse where the grain was originally deposited for processing.

(c) Each public warehouseman shall enter all of the public warehouseman's grain bank grain into the public warehouseman's records as a liability in the same manner as that for other storage grain for which the public warehouseman is liable.

(d) Grain bank grain shall be accounted for on an individual depositor basis. The records for grain bank grain shall be kept on a pound, bushel, or hundredweight basis for the grain deposited.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102 and 34-227b; implementing K.S.A. 34-227b; effective March 8, 2002; amended Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-12 Financial statements

(a) The financial statement of an applicant for a license or the financial statement of an existing grain warehouse shall show that current liquid assets equal or exceed current liabilities. If liabilities exceed liquid assets, the bond required by K.S.A. 34-229, and amendments thereto, may be amended to cover the deficiency, or an unused line of credit available to pay the depositor may offset the deficiency.

(b) If current liabilities exceed current liquid assets, the public warehouseman shall comply with subsection (a) of this regulation within 60 days from the date the secretary receives the financial statement that shows any deficiency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102, 34-228, and 34-229; effective March 8, 2002.)

Kan. Admin. Regs. § 4-25-13 Appraisals

(a) If the financial statement of a public warehouseman does not reflect assets sufficient to comply with the net worth requirements of K.S.A. 34-228, and amendments thereto, the public warehouseman may acquire an appraisal. Each appraisal prepared pursuant to this regulation shall be performed by an independent appraiser certified by a generally recognized appraisal society. Each public warehouseman shall submit credentials for the appraiser upon request of the secretary.

(b) Surplus designated under an appraisal shall be discounted by 30 percent to account for estimated unrealized capital gains at the time of the disposition of any grain for which the public warehouseman is liable.

(c) An appraisal prepared according to this regulation may be relied upon by the secretary for up to four years from the date of completion of the appraisal.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-228; effective March 8, 2002.)

Kan. Admin. Regs. § 4-25-14 Successor agreement

(a) In each successor's agreement, grain in open storage, grain bank grain, or warehouse receipts shall be identified separately. The public warehouseman whose liability is being assumed shall report within five days of closing, or within a reasonable time approved by the secretary, the amount of each commodity stored in the warehouse and shall identify the grain as grain in open storage, grain bank grain, or grain subject to a warehouse receipt. The report shall be submitted in writing on a form prescribed by the secretary.

(b) The report specified in subsection (a) of this regulation shall not be required if the change in the ownership is a change only in the name of the grain warehouse.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-228; effective March 8, 2002.)

Kan. Admin. Regs. § 4-25-16 Fees and charges

(a) Each public warehouseman shall pay an annual license fee, which shall be due at the time the public warehouseman submits an application for a license or an application for renewal of a license. The annual license fee shall be based on the capacity of the licensed public warehouse and computed as follows:

(b) Each public warehouseman who obtains an amended warehouse license shall pay a license amendment fee of $300.00.

(c) Each public warehouseman for whom a special or requested examination of a warehouse is performed shall pay the following fees:

(1) $50.00 per hour for each examiner who is on site for the examination, with a required minimum charge for four hours;

(2) subsistence expenses for each examiner who is on site for the examination; and

(3) mileage expenses for each examiner who is on site for the examination, which shall be charged per mile driven at the rate per mile determined by the secretary of the department of administration pursuant to K.S.A. 75-4607, and amendments thereto.

(d) In addition to the applicable license fee specified in subsection (a), each public warehouseman shall pay an annual fee of $500.00 for each functional unit that the public warehouseman's licensed public warehouse has. However, each public warehouseman shall be entitled to a waiver of the functional unit fee for one functional unit.

(e) Each public warehouseman shall pay the hourly rate, subsistence, and mileage expenses specified in subsection (c) for examinations necessitated by changes in the storage capacity of a licensed public warehouse, including the addition of conditional storage space, or by the need to confirm that a warehouse is empty. All conditional or empty storage space of each licensed public warehouse shall be subject to all other applicable fees and requirements specified in the act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-228; effective March 8, 2002; amended, T-4-12-16-03, Jan. 1, 2004; amended Feb. 6, 2004; amended Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-17 Transfer of grain between public warehouses

(a) A public warehouseman, as defined by K.S.A. 34-223, and amendments thereto, who lacks sufficient space and desires to transfer grain for which valid receipts have been issued may transfer this grain either by physical movement of the grain or by other methods approved by the secretary as standard industry practice, subject to the following requirements:

(1) The shipping public warehouseman shall immediately notify the secretary before the transfer of receipted grain. This notice to the secretary shall include the location where the grain will be transferred for storage. The shipping public warehouseman shall also provide written notice to all depositors who hold receipts for grain that the shipping public warehouseman may forward grain deposited on a commingled basis.

(2) For purposes of this regulation, a licensed public warehouse shall mean a warehouse operated by a public warehouseman who holds a valid license under the U.S. warehouse act for grain, or a public warehouse operated by a public warehouseman who holds a valid warehouse license for the public storage of grain or rice, issued by a state that has financial, bonding, and examination requirements for the benefit of all depositors.

(3) The shipping public warehouseman shall promptly obtain nonnegotiable warehouse receipts from the receiving public warehouseman for all transferred grain. The receipts shall be kept on forms furnished by the secretary pursuant to K.S.A. 34-238 and amendments thereto. Receipts shall not be used in any other manner except as provided by Kansas statute. The receipts shall be retained by the shipping public warehouseman to be presented to and used by department examiners in lieu of an on-site inventory. The grain covered by these receipts shall not be the property of either the receiving or shipping public warehouseman but shall be held in trust by both parties solely for the benefit of the depositors whose bailed grain was transferred individually or collectively, and the depositor or the depositor's transferee shall retain title to it.

(4) The shipping public warehouseman's bond shall be increased to consider the addition of the transferred grain to the licensed capacity of the public warehouse with the net worth requirements based on the total of the licensed capacity and the forwarded grain. The bond amount shall not be required to be more than $500,000 unless necessary to cover a deficiency in net worth to meet the requirements of K.S.A. 34-228, and amendments thereto.

(5) The shipping public warehouseman shall continue to retain that individual's obligations to the owners for all grain deposited in the public warehouse for storage, whether forwarded or retained, and shall redeliver the grain upon demand to the depositor or the depositor's transferee at the public warehouse where the grain was first deposited for storage.

(6) Nothing in this regulation shall diminish either the right of the owner of the grain to receive on delivery or the obligation of the public warehouseman of a licensed public warehouse from which the product is transferred to deliver, to the owner, grain in the amount and of the kind, quality, and grade specified by the warehouse receipts or other evidence of storage.

(7) If it is the shipping public warehouseman's obligation by terms of the warehouse receipt or by any other agreement to insure the grain subject to the transfer, that individual shall in accordance with K.S.A. 34-236, and amendments thereto, keep this grain insured in that individual's own name or transfer the grain only to a public warehouse where the grain is fully insured.

(b) A shipping public warehouseman may transfer stored grain, as defined by K.S.A. 34-223, and amendments thereto, by complying with the provisions of paragraphs (a)(2), (a)(5), (a)(6), and (a)(7) of this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-241; effective March 8, 2002.)

Kan. Admin. Regs. § 4-25-18 Credit for unexpired portion of license on new or amended license

A successor to a current license holder may prorate the unused portion of the license fee to reduce the amount of a new license fee if the change in the successor is solely a change in the name of the license holder.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-228; effective March 8, 2002.)

Kan. Admin. Regs. § 4-25-19 Licensed storage, conditional storage, and emergency storage

(a) A public warehouseman shall not utilize any licensed public warehouse for grain storage until the secretary has measured the empty storage volume of the licensed public warehouse and determined that the licensed public warehouse is adequate to store grain in a manner that will maintain the condition of the grain.

(b) Any public warehouseman who takes possession of a grain storage facility, including as the result of an acquisition or merger, may utilize the facility for grain storage upon assuming ownership of the facility and obtaining all required licensure if the secretary has previously measured the empty storage volume of the facility and determined that the facility is adequate to store grain in a manner that will maintain the condition of the grain.

(c) The determination of whether each grain storage facility is adequate to store grain in a manner that will maintain the condition of the grain shall be made by the secretary and shall be based on the following:

(1) Whether the facility is constructed of base material that is adequate to maintain the condition of stored grain, including concrete, asphalt, rock, or other material approved by the secretary;

(2) whether the facility uses rigid, self-supporting sidewalls that provide adequate separation of different types of grain;

(3) whether the facility provides aeration adequate to maintain the condition of stored grain;

(4) whether the facility provides cover adequate to maintain the condition of stored grain, including a tarp or other material approved by the secretary; and

(5) whether the licensed grain storage facility is adequate to store grain in a manner that will maintain the condition of the grain, according to any other criteria related to the physical structure of the grain storage facility that the secretary deems relevant.

(d) Before storing grain in conditional storage space or offering emergency storage space for public use, each public warehouseman shall apply to be permitted to do so, on a form provided by the secretary, and shall obtain the secretary's written approval of the application. Each application for the use of conditional storage or emergency storage space shall include, at a minimum, the following:

(1) The name of the licensee;

(2) the type of grain that will be stored in conditional storage or emergency storage; and

(3) the quantity of grain that will be stored in conditional storage or emergency storage.

(e) Each public warehouseman shall keep and maintain all grain stored in conditional storage or emergency storage in good condition and shall maintain a weighed figure reflecting the volume in bushels of all grain stored in conditional storage or emergency storage, which shall be provided to the secretary upon request. All grain stored in conditional storage or emergency storage for which a weighed figure is not available shall be accounted for according to the total bushel amount calculated by the secretary during examination of the public warehouse. Grain that the secretary determines to be in unacceptable condition shall not be accounted for during examination.

(f) Each public warehouseman shall move all corn, soybeans, edible beans, grain sorghum, and other grains for which federal grain standards have been established from conditional storage into licensed storage no later than July 1 of the year following the year in which those grains were placed into conditional storage.

(g) Each public warehouseman shall move all corn, soybeans, edible beans, grain sorghum, and other grains for which federal grain standards have been established from emergency storage into licensed storage no later than March 31 of the year following the year in which those grains were placed into emergency storage.

(h) Each public warehouseman shall move all wheat, barley, oats, and rye from conditional storage into licensed storage no later than December 31 of the year in which those grains were placed into conditional storage.

(i) Each public warehouseman shall move all wheat, barley, oats, and rye from emergency storage into licensed storage no later than August 31 of the year in which those grains were placed into emergency storage.

(j) Grain that is not moved into licensed storage by the applicable deadline specified in this regulation shall not be included in a daily position report, shall not be used to cover a warehouse receipt or any other liability, and shall not be included in any examination, unless the secretary grants a written extension of the deadline. Each application for an extension pursuant to this subsection shall be submitted in writing on a form provided by the secretary. An extension shall not provide more than 30 additional days for a public warehouseman to complete collection and storage of the grain as specified in this subsection.

Each public warehouseman shall be allowed to apply for only two extensions after the expiration of the applicable deadline specified in this subsection. Grain that is not in licensed storage space by the deadline specified in the most recently issued extension shall not be included in a daily position report, shall not be used to cover a warehouse receipt or any other liability, and shall not be included in any examination.

(k) Each public warehouseman who utilizes conditional storage or emergency storage space shall inform the secretary in writing when all of the grain is moved back into licensed storage.

(l) Each public warehouseman shall maintain a copy of the written request for emergency storage or conditional storage, the approval for emergency storage or conditional storage furnished by the secretary, the written request for an extension for emergency storage or conditional storage, the approval of an extension for emergency storage or conditional storage furnished by the secretary, and the written notice that all of the grain has been collected. The public warehouseman shall furnish a copy of these documents to the secretary upon request.

(m) The use of conditional storage or emergency storage shall not be permitted if the additional storage space requested will cause the licensed public warehouse to be noncompliant with any applicable provision of K.S.A. 34-228(c)(1) or K.S.A. 34-229, and amendments thereto.

(n) Conditional storage or emergency storage shall not be added to the licensed storage of a licensed public warehouse unless the request to add conditional storage or emergency storage to the warehouse's existing licensed storage is accompanied by the license amendment fee specified in K.A.R. 4-25-16.

(o) Emergency storage shall not be allowed for soybeans or dry edible beans.

(p) Each public warehouseman shall be permitted to store only one type of grain in each licensed storage, conditional storage, or emergency storage bin.

(q) Each portion of the total bulk grain capacity of a licensed public warehouse that is an integral part of any unit of the licensed public warehouse and is equipped for the handling and warehousing of grain shall be included in the licensed capacity of the licensed public warehouse. However, any part of a licensed public warehouse's licensed capacity may be reserved and designated "not for public use" if the public warehouseman submits an application to the secretary requesting permission to reserve the area and designate it "not for public use" and receives the secretary's approval.

Any public warehouseman may be required by the secretary to utilize a seal, lock, or other method of segregating an area designated "not for public use" from the public use areas of the licensed public warehouse.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102 and K.S.A. 34-228; implementing K.S.A. 34-102, 34-228, and 34-229; effective Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-20 Undermeasurements and overmeasurements of stored grain

(a) Each public warehouseman who is determined by the secretary during an examination to be in possession of less grain than is reflected on the licensed public warehouse's daily position report by an amount equal to or greater than either 500 bushels or 1.5 percent of the licensed public warehouse's total grain inventory, separated by commodity, shall adjust the daily position report so that the report reflects the volume of grain actually stored in the licensed public warehouse, by commodity. A public warehouseman who is determined by the secretary during an examination to be in possession of more grain than is reflected on the daily position report shall not be required to adjust the public warehouse's daily position report.

(b) For purposes of this regulation, the volume of grain stored in each licensed public warehouse shall be the volume of grain stored in the licensed public warehouse on the date and at the time that the licensed public warehouse's daily position report is provided to the secretary at the beginning of an examination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 34-102; effective Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-21 Unpaid grain contracts

(a) Each written unpaid grain contract shall be signed by an authorized representative of the licensed public warehouse and by an authorized representative of the seller of the grain within 30 days of entering into the unpaid grain contract. Each verbal unpaid grain contract shall be evidenced by a written confirmation of the unpaid grain contract, which shall be signed by an authorized representative of the licensed public warehouse and by an authorized representative of the seller of the grain within 30 days of entering into the unpaid grain contract.

The signatures required by this subsection may be obtained by electronic or other similar means sufficient to verify that both signing parties have approved the contract or confirmation. Each unpaid grain contract shall comply with K.S.A. 34-2,111, and amendments thereto.

(b) Each public warehouseman shall maintain all unpaid grain contracts in a manner that allows the secretary to easily access and verify the contracts during inspection or examination. Unpaid grain contracts that have been fulfilled shall be stored separately from unfulfilled unpaid grain contracts or shall be clearly marked to indicate that the contracts have been fulfilled.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and K.S.A. 34-2,111; effective Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-22 Safety of facilities

(a) Each public warehouseman shall ensure that the public warehouseman's licensed public warehouse can be safely examined and inspected.

(b) The performance of any examination or inspection of a public warehouse may be refused by the secretary if the secretary determines that the public warehouse is in such a condition that it cannot be adequately examined or inspected or that it presents a danger to the health and safety of examination or inspection personnel. A functional unit that is not examined due to a determination by the secretary pursuant to this regulation shall not be included on a daily position report, shall not be included in an examination, and shall not be used to cover a warehouse receipt or any other liability.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 34-102; effective Aug. 26, 2022.)

Kan. Admin. Regs. § 4-25-23 Disciplinary actions

(a) Each public warehouseman who is determined by the secretary during an examination to have failed to comply with any provision of the act shall be issued a report of conditions detailing each violation.

(b) Each public warehouseman who is issued a report of conditions shall, within 15 days of the issuance of the report of conditions, provide a report to the secretary detailing how the public warehouseman has remedied or plans to remedy each violation that was cited in the report of conditions.

(c) Each public warehouseman who fails to respond to a report of conditions within 15 days of its issuance as specified in subsection (b) shall be subject to further disciplinary action. The further disciplinary action may include the temporary suspension or revocation of the public warehouseman's license or any other action deemed appropriate by the secretary.

(d) Nothing in this regulation shall limit the power of the secretary to take disciplinary action against any public warehouseman to the fullest extent pursuant to the act if the secretary determines that doing so is necessary or is in the public interest.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and K.S.A. 34-230; effective Aug. 26, 2022.)

Article 27 Lodging Establishments

Kan. Admin. Regs. § 4-27-1 Lodging establishment application fees

The application fee for each lodging establishment doing business in Kansas shall be based on the number of rooms as follows: (a) 1 room through 29 rooms: $100; and

(b) 30 rooms or more: $200.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2010 Supp. 36-506; implementing K.S.A 2010 Supp. 36-502, as amended by 2011 HB 2282, sec. 2; effective June 4, 2010; amended, T-4-6-30-11, July 1, 2011; amended Oct. 28, 2011.)

Kan. Admin. Regs. § 4-27-2 Definitions

(a) "Bathhouse" shall mean a room provided to guests, including a locker room, shower room, or other similar room, where guests can shower, store personal items, or change into appropriate clothing for use in the spa.

(b) "Bed and breakfast home" shall mean a boarding house that is a private residence where the owner or manager resides and provides lodging and meals for guests. Any licensee operating a bed and breakfast home may serve food only to the licensee's overnight guests, unless the licensee obtains a food service license.

(d) "Extended-stay establishment" shall mean a lodging establishment in which a room is rented or leased to transient guests. Housekeeping functions are not provided on a daily basis.

(e) "Hot tub" shall mean a pool or container of water designated for recreational use in which one or more people can soak. A hot tub can use hydrojet circulation or an air induction system, or a combination of these, to provide water circulation. A hot tub can use various water temperatures and additives, including minerals and oils, to provide therapy or relaxation.

(f) "Imminent health hazard" shall mean fire, flood, sewage backup, rodent infestation, bed bug or other insect infestation, misuse of poisonous or toxic materials, gross unsanitary occurrence or condition, or any other condition that could endanger the health or safety of guests, employees, or the general public.

(g) "Kitchenette" shall mean a compact kitchen with cooking utensils, tableware, refrigerator, microwave, stove, or sink or any combination of these.

(h) "Licensee" shall mean a person who is responsible for the operation of the lodging establishment and possesses a valid license to operate a lodging establishment.

(i) "Linens" shall mean the cloth items used in the lodging establishment, including sheets, bedspreads, blankets, pillowcases, mattress pads, towels, and washcloths.

(j) "Lodge" shall mean a boarding house or a rooming house that provides seasonal lodging for recreational purposes. If meals are provided for overnight guests, the lodge is operating as a boarding house. If meals are not provided for overnight guests, the lodge is operating as a rooming house.

(k) "Major renovation" shall mean a physical change to a lodging establishment or portion of a lodging establishment, including the following:

(1) Replacing or upgrading any of the following types of major systems:

(A) Electrical;

(B) plumbing;

(2) demolition of the interior or exterior of a building or portion of the building; and

(3) replacement, demolition, or installation of interior walls and partitions, whether fixed or moveable.

Major renovation shall not include replacement of broken, dated, or worn equipment and other items, including individual air-conditioning units, bathroom tiles, shower stalls, and any other items that do not require additional or new plumbing or electrical repairs.

(l) "Person in charge" shall mean the individual or employee who is present in the lodging establishment at the time of the inspection and who is responsible for the operation. If no designated individual or employee is the person in charge, then any employee present is the person in charge.

(m) "Recreational water facility" and "RWF" shall mean a water environment with design and operational features that provides guests with recreational activity and that involves immersion of the body partially or totally in the water. This term shall include water slides, watercourse rides, water activity pools, jetted pools, and wave pools. This term shall not include swimming pools and hot tubs.

(n) "Sanitize" shall mean to apply cumulative heat or chemicals on any clean surface so that, when evaluated for efficacy, the surface yields a reduction of 99.999% of disease-causing microorganisms.

(o) "Single-service articles" shall mean items that are designed, constructed, and intended for one-time use and for one person's use, after which the items are discarded. This term shall include plastic, paper, or foam tableware and utensils, lightweight metal foil, stirrers, straws, toothpicks, and other items including single-use gloves, bags, liners, containers, placemats, and wrappers.

(p) "Spa" shall mean any area of a lodging establishment where a hot tub, swimming pool, fitness equipment, tanning bed, or similar guest amenities are located.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; implementing K.S.A. 2011 Supp. 36-501, as amended by L. 2012, ch. 145, sec. 3, and K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-3 Licensure; plans and specifications; variances

(a) Each person applying for a license to operate a lodging establishment shall submit the following to the secretary:

(1) A completed application and the required application and license fees; and

(2) if required by subsection (b), the plans and specifications of the lodging establishment.

(b) The plans and specifications shall be submitted before any of the following:

(1) The construction of a lodging establishment;

(2) the conversion of an existing structure for use as a lodging establishment;

(3) the major renovation of a lodging establishment;

(4) the addition or major renovation of a swimming pool, hot tub, recreational water facility, or spa; or

(5) the addition or change of a food service operation within a lodging establishment.

(c) Each plan and specification for a lodging establishment shall demonstrate conformance with the applicable requirements of these regulations and shall include the following:

(1) The proposed layout, mechanical schematics, construction materials, and completion schedules;

(2) the equipment layout, construction materials, and completion schedules for any food preparation and service area; and

(3) the equipment layout and completion schedules for each swimming pool, hot tub, RWF, and spa.

(d) A variance may be granted by the secretary to modify or waive one or more requirements of a regulation if the secretary determines that a health hazard, safety hazard, or nuisance will not result from the variance.

(1) Each person requesting a variance shall submit the following to the department:

(A) A written statement of the proposed variance of the regulatory requirement;

(B) documentation of how the proposed variance addresses public health hazards and guest safety at the same level of protection as that of the original requirement; and

(2) For each variance granted, the licensee shall meet the following requirements:

(A) Follow the plans and procedures approved by the secretary;

(B) maintain a permanent record of the variance at the lodging establishment; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; implementing K.S.A. 2011 Supp. 36-502, as amended by L. 2012, ch. 145, sec. 4; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-4 Food service and food safety

Each person operating a guest house that serves food to the general public, in addition to overnight guests, shall obtain a food establishment license in accordance with K.S.A. 65-688 et seq., and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-5 Imminent health hazard

(a) Each licensee shall discontinue operations of the affected portions of the lodging establishment on discovery that an imminent health hazard exists.

(b) Each licensee shall notify the secretary within 12 hours of the discovery of an imminent health hazard.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-6 General requirements

(a) Each licensee shall meet all of the following requirements:

(1) Post the license in a location in the lodging establishment that is conspicuous to guests;

(2) comply with the provisions of these regulations, including the conditions of any granted variance;

(3) ensure that no room or any portion of the lodging establishment is rented unless the room or portion of the lodging establishment is safe and sanitary; and

(4) replace any existing items, including equipment, furnishings, fixtures, or items of décor, with items that meet the requirements of these regulations, under any of the following conditions:

(A) The items constitute a public health hazard;

(B) the items affect guest safety; or

(b) Each licensee shall ensure that the hot water capacity is sufficient to meet the hot water demands of the lodging establishment.

(1) Hot and cold potable water shall be supplied under pressure to each sink in enough capacity to meet handwashing needs.

(2) A mixing valve or combination faucet shall be used, unless the lodging establishment is listed on the state historical register or a variance that alters this requirement has been granted.

(3) The temperature of the hot water shall be at least 100 degrees Fahrenheit. If a mixing valve or combination faucet is not used, the temperature of the hot water shall not exceed 130 degrees Fahrenheit.

(4) A supply of hand soap and either paper towels or an electric drying device shall be available at all times at the handwashing sink.

(d) In public areas, cloth towels may be provided for one-time use by an individual. A receptacle for the soiled cloth towels shall be provided.

(e) The use of a common cloth towel shall be prohibited, except in guest rooms.

(f) A handwashing reminder sign shall be posted in each handwashing area, except in guest rooms.

(g)(1) A toilet room that is accessible at all times to employees shall be provided. A public toilet room may be used by employees in lieu of a separate employee toilet room.

(2) A public toilet room or rooms shall be provided and accessible to the public if the lodging establishment provides space for guest or public gatherings or functions, including conferences, meetings, seminars, receptions, teas, dances, recitals, weddings, parties, wakes, and other events.

(3) There shall be at least one handwashing sink in or immediately adjacent to each toilet room. Each sink shall meet the requirements specified in subsection (c).

(4) Each toilet and urinal shall be sanitary, maintained in good repair, and operational at all times.

(5) Each toilet and urinal shall be cleaned and sanitized daily or more often if visibly soiled.

(6) The floor in each toilet room shall be constructed of smooth, nonabsorbent, easily cleanable materials and maintained in good repair. Carpeting shall be prohibited as a floor covering in toilet rooms.

(7) Except as specified in this paragraph, the storage of items in any toilet room shall be prohibited. A small amount of commonly used toilet room supplies may be stored, including toilet paper, hand soap, and paper towels.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 36-506; implementing K.S.A. 2008 Supp. 36-502 and 36-506; effective June 4, 2010.)

Kan. Admin. Regs. § 4-27-7 Personnel; health, cleanliness, and clothing

Each licensee shall ensure that all of the following requirements are met: (a) Health of employees. Each employee with any of the following health problems shall be excluded from a lodging establishment:

(1) The employee is infected with a communicable disease, and the disease can be transmitted to other employees or guests in the normal course of employment.

(2) The employee is a carrier of organisms that cause a communicable disease.

(3) The employee has a boil, an infected wound, or an acute respiratory infection.

(b) Cleanliness of employees.

(1) Each employee shall wash that employee's hands in accordance with paragraph (b)(2) before handling clean utensils or dishware, ice, beverages, food, or clean laundry.

(2) Each employee shall wash that employee's hands and any exposed portions of that employee's arms with soap and water in a designated sink by vigorously rubbing together the surfaces of the lathered hands and arms for 15 seconds to 20 seconds and thoroughly rinsing with clean water.

(c) Clothing. Each employee providing services directly to guests or performing housekeeping functions shall wear clean outer clothing that is in good repair.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 36-506; effective June 4, 2010.)

Kan. Admin. Regs. § 4-27-8 Guest and public safety

(a) If the secretary has reason to believe that defects could be present with regard to the integrity of the structure or electrical system of the lodging establishment, the licensee may be required by the secretary to retain the services of a professional engineer or local building code officer to certify the lodging establishment for building safety. Disasters after which the structural integrity may need to be evaluated shall include a heavy snow or ice storm, flood, tornado, straight-line winds, fire, hurricane, and earthquake.

(b) Each licensee shall ensure that all repairs, construction, renovations, and maintenance are conducted in a manner that provides safe conditions for the guests and the public.

(c) The licensee of each lodging establishment using fuel-fired equipment or appliances that pose a potential carbon monoxide risk, including lodging establishments with attached parking garages or wood-burning fireplaces, shall install one or more carbon monoxide detectors according to the manufacturer's specifications.

(1) A carbon monoxide detector shall be required in each non-guest room adjoining or sharing a common ventilation system with an attached parking garage.

(2) Each carbon monoxide detector shall be in working condition.

(A) Each carbon monoxide detector shall be tested at least every six months to ensure that the detector is operating properly. The batteries shall be changed, as needed.

(B) A 12-month history of all test results shall be logged and maintained at the lodging establishment and made available to the secretary upon request.

(C) If a battery-operated detector is not operational for two consecutive tests, the licensee shall install a detector that is hardwired with a battery backup.

(3) A carbon monoxide detector shall not be required to be installed in an attached parking garage area.

(d) The operation and maintenance requirements for each lodging establishment shall include all of the following:

(1) Each lodging establishment shall meet the requirements of all applicable building codes, fire codes, and ordinances.

(2) No freshly cut Christmas trees or boughs shall be used unless the freshly cut trees or boughs are treated with a flame-resistant material. The documentation of the treatment shall be kept on file at the lodging establishment for at least one year.

(3) Textile materials having a napped, tufted, looped, woven, nonwoven, or similar surface shall not be applied to walls or ceilings, unless the textile materials are treated with a flame-resistant material. The documentation of the treatment shall be kept on file at the lodging establishment for as long as the materials are used on the walls or ceilings. This documentation shall be made available to the secretary upon request. Carpeting used as coving that covers the junction between the floor and walls shall be exempt from this requirement.

(4) Foam or plastic materials or other highly flammable or toxic material shall not be used as an interior wall, ceiling, or floor finish unless approved by the secretary.

(5) The doors in any public areas that lead outside the lodging establishment shall not be locked or blocked, preventing egress when the building is occupied. No exit doors shall be concealed or obscured by hangings, draperies, or any other objects.

(6)(A) Portable fire extinguishers shall be required and located in the hallways, mechanical rooms, laundry areas, and all other hazardous areas and within 75 feet of each guest room door. All portable fire extinguishers shall be easily accessible to the guests and employees.

(B) Each fire extinguisher shall meet the following requirements:

(i) Be maintained in a fully charged and operable condition;

(ii) be rated at least 2A-10BC;

(iii) contain at least five pounds of fire suppressant; and

(iv) be inspected annually by a fire extinguisher company, a fire department representative, or another entity approved by the secretary. The licensee shall retain a record of these inspections at the lodging establishment for at least one year.

(7) Emergency lighting shall be provided where guest room doors open to an interior corridor and where guest room doors open to the outside but not directly at ground level.

(8) A smoke detector shall be installed in each guest sleeping room, cooking area and kitchen, interior stairwell, hallway, laundry area, mechanical room, and any other fire hazard area. Any heat-sensing device designed to detect fire may be installed in a cooking area in lieu of a smoke detector.

(A) All smoke detectors and heat-sensing devices shall be maintained in operating condition.

(B) Each smoke detector and each heat-sensing device shall be tested at least every six months to ensure that the detector or device is operating properly. The batteries shall be replaced as needed.

(C) A 12-month history of test results shall be logged and maintained at the lodging establishment and made available to the secretary upon request.

(D) If a battery-operated detector is not operational for two consecutive tests, the licensee shall install a detector that is hardwired with a battery backup.

(E) Smoke detectors for hearing-impaired individuals shall be available as specified in K.S.A. 36-517, and amendments thereto.

(9) If hardwired, interconnected smoke detectors are used, these detectors shall be tested and approved annually by a fire sprinkler company, fire alarm company, fire department representative, or any other entity approved by the secretary. A 12-month history of test results shall be maintained at the lodging establishment and made available to the secretary upon request.

(10) If fire alarm systems and fire sprinkler systems are used, the systems shall be tested and approved annually by a fire alarm company, fire sprinkler company, fire department representative, or any other entity approved by the secretary. A 12-month history of test results shall be maintained at the lodging establishment and made available to the secretary upon request.

(11)(A) All exit signs shall be clean and legible. At least one exit sign shall be visible from each of the following locations:

(i) The doorway of each guest room that opens to an interior corridor; and

(ii) the doorway of each guest room that opens to the outdoors but not directly at ground level.

(B) Each newly constructed lodging establishment shall have supplemental directional signs indicating the direction and path of egress.

(C) Boarding houses and rooming houses shall not be required to have exit signs if the requirements in paragraphs (d)(5) and (12) are met.

(12) An evacuation route diagram shall be posted in a conspicuous location in each guest room. The diagram shall include the location of the guest room, the layout of the floor, and the location of the nearest available exits. If the door of a guest room opens directly to the outdoors at ground level, the diagram shall not be required to be posted.

(13) A copy of an emergency management plan and employee instructions shall be kept on file in the lodging establishment, made accessible to all employees, and made available to the secretary upon request. A record that each employee has received training on the emergency management plan shall be maintained at the lodging establishment in each employee's file.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-9 Guest rooms

Each licensee shall ensure that each guest room is kept clean, is in good repair, and is maintained with regard to the health and safety of each guest, in accordance with all of the following requirements: (a) The walls, floors, ceilings, doors, and windows shall be constructed of materials intended for that purpose, maintained in good repair, and cleaned, painted, or replaced as necessary.

(1) All junctures between floors and walls shall be constructed, covered, or finished with a baseboard and readily cleanable.

(2) All floors and floor coverings shall be cleaned as needed. The methods for cleaning shall be suitable to the finish and material.

(3) All floor maintenance, repair, or replacement shall be done in a manner that prevents slipping or tripping hazards to any guest.

(4) A guest room that has visible mold on the floors, walls, ceiling, or windows shall not be rented until mold cleanup is completed.

(b) All furnishings, including draperies, beds, appliances, furniture, lamps, and decorative items, shall be kept clean and in good repair. The methods for cleaning shall be suitable to the material and finish.

(c) Each guest room shall have a connecting toilet room and bathing facilities, including a bathtub or shower, except for the following:

(1) If the lodging establishment is listed on the state historical register and documentation is provided to the secretary, at least one toilet room with bathing facilities located on the same floor shall be provided for every two guest rooms, unless otherwise specified by the secretary.

(2) If the lodging establishment is a boarding house, including a bed and breakfast home, or a rooming house, at least one toilet room with bathing facilities located on the same floor shall be provided for every two guest rooms.

(3) If the lodging establishment is a lodge with dormitory sleeping areas, at least one toilet and at least one bathtub or one shower shall be provided for every six guests and shall be located within the same building as the dormitory sleeping area or adjacent to the dormitory sleeping area.

(d) Each handwashing sink shall meet the requirements specified in K.A.R. 4-27-6.

(e) Each rented guest room shall be serviced daily in the following manner except as otherwise specified in this subsection:

(1) Clean bathroom linens, including towels and washcloths, shall be provided. If bathmats are provided, the bathmats shall be clean.

(2) Clean bed linens shall be provided, and the bed shall be made.

(3) All floors shall be swept or vacuumed, if visibly soiled. All hard-surface floors shall be wet-cleaned if visibly soiled.

(4) Each toilet, sink, bathtub, and shower area shall be cleaned if visibly soiled.

(5) Each trash container shall be emptied and shall be cleaned if visibly soiled. A trash container liner may be reused during the same guest's stay if the liner is not visibly soiled.

(6) All soap and prepackaged guest toiletry items shall be replenished, as necessary.

(7) All toilet paper shall be replenished, as necessary.

(8) Clean ice bucket liners shall be provided and replaced, as necessary and upon request of the guest.

(9) All glassware and cups, if provided, shall be replaced with clean and sanitized dishware. Single-service cups, if provided, shall be replenished.

(10) If a coffeemaker is present in the guest room, the coffeepot shall be rinsed. If the coffeepot is visibly soiled or contaminated, it shall be washed, rinsed, and sanitized. A fresh supply of coffee, condiments, and any single-service articles shall be replenished, if provided.

(f) Each guest room shall be serviced daily during the guest's stay if the stay is less than five days, unless the guest requests that all or part of the room not be serviced.

(g) If the same guest continuously occupies the same room for five or more days, the room shall be serviced and cleaned at least every five days. For each extended-stay establishment, the guest room shall be serviced and cleaned at least every five days.

(h) Each guest room that is available for rent shall be serviced and cleaned before each new guest. In addition to the required service activities in subsection (e), each guest room cleaning shall include the following:

(1) All floors shall be swept or vacuumed, and all hard-surface floors shall be wet-cleaned.

(2) All furniture, fixtures, and any items of decoration shall be cleaned in a manner that is appropriate to the finish.

(3) The interior of all drawers shall be cleaned.

(4) All toilets, sinks, bathtubs, and shower areas shall be cleaned and sanitized in a manner that is appropriate to the finish.

(5) All sinks, bathtubs, and shower areas shall be kept free of hair, mold, and mildew.

(6) Bed linens and bath linens shall not be used for cleaning or dusting.

(7) All trash containers shall be emptied and cleaned, and new liners shall be provided.

(8) All ice bucket liners shall be replaced with new liners.

(9) All used guest toiletries and soap shall be replenished.

(10) The guest room shall be visually inspected for any evidence of insects, rodents, and other pests.

(i)(1) All bedspreads, top-covering linens, blankets, mattress pads, mattresses, and box springs shall be cleaned and maintained in good repair according to all of the following requirements:

(A) All linens with tears or holes shall be repaired or replaced, and all soiled and stained linen shall be cleaned.

(B) All bedspreads and top-covering linens shall be cleaned at least monthly.

(C) All blankets and mattress pads shall be cleaned at least monthly. All blankets and mattress pads that are visibly soiled or stained shall be removed and replaced with clean linen.

(D) All mattresses and box springs shall be kept clean. Each damaged or soiled mattress and box spring shall be repaired or cleaned.

(E) Each mattress that is not kept in sanitary condition shall be replaced.

(2) The interior and surface of each enclosed mattress platform shall be cleaned if visibly soiled and either maintained in good repair or replaced.

(j) If a coffeepot is not located within a toilet room, the coffeepot shall be rinsed before each new guest. If a coffeepot is located within a toilet room, the coffeepot shall be washed, rinsed, and sanitized before each new guest as specified in K.A.R. 4-27-10.

(k) All single-service drinking glasses and utensils shall be prepackaged.

(l) All food and condiments provided in each guest room shall be individually prepackaged.

(m) If a refrigerator unit is provided in a guest room, the unit shall be cleaned before each new guest.

(n) Each appliance provided for guest use, including microwaves, stoves, dishwashing machines, coffeemakers, hair dryers, clothing irons, radios, televisions, remote controls, and video equipment, shall be operational and in good repair. All cooking appliances, including microwaves and stoves, shall be cleaned before each new guest. All appliances shall be listed with or certified by underwriters' laboratories (UL) and shall bear the UL designation.

(o) Except as specified in this subsection, the use of portable electrical or open-flame cooking devices shall be prohibited in a guest room. These devices shall include hot plates, electric skillets and grills, propane and charcoal grills, camping stoves, and any similar cooking devices. These devices shall not include slow cookers. Microwaves and toasters that are provided in a guest room by the licensee shall be permitted.

(p) Each guest room shall be free of any evidence of insects, rodents, and other pests.

(1) If a guest room has been vacant for at least 30 days, the licensee shall visually inspect that room for any evidence of insects, rodents, and other pests within 24 hours of occupancy by the next guest.

(2) No guest room that is infested by insects, rodents, or other pests shall be rented until the infestation is eliminated.

(3) The presence of bed bugs, which is indicated by observation of a living or dead bed bug, bed bug carapace, eggs or egg casings, or the typical brownish or blood spotting on linens, mattresses, or furniture, shall be considered an infestation.

(4) The presence of bed bugs shall be reported to the secretary within one business day upon discovery or upon receipt of a guest complaint.

(5) All infestations shall be treated by a licensed pest control operator.

(6) All pest control measures, both mechanical and chemical, shall be used in accordance with the manufacturer's recommendations.

(7) No rodenticides, pesticides, or insecticides shall be stored in a guest room or in any area that could contaminate guest supplies, food, condiments, dishware, or utensils.

(q)(1) The licensee of each lodging establishment that allows pets into any guest room shall advise consumers that the establishment is "pet-friendly" by posting a sign in a conspicuous place at the front desk to alert guests that pets are allowed.

(2) The licensee of each lodging establishment where pets or service animals have been in a guest room shall meet one of the following requirements:

(A) The guest room shall be deep cleaned before the next guest. Deep cleaning shall include servicing and cleaning the guest room as specified in subsections (e) and (h), as well as vacuuming and shampooing the carpet and upholstered furnishings and vacuuming the mattress. All bed linens, including sheets, mattress pads, blankets, bedspreads or top coverings, and pillows, shall be replaced with clean bed linens.

(B) If the room is not deep cleaned, the licensee shall not offer that room to any guest without giving notification to that guest that a pet or service animal was in the room previous to the new guest.

(3) If the previous guest has smoked in a room, the licensee of any lodging establishment shall not offer that room as a non-smoking room until one of the following requirements is met:

(A) The guest room is deep cleaned as specified in paragraph (q)(2)(A).

(B) If the room is not deep cleaned, the licensee shall give notification to the new guest that the previous guest smoked in the room.

(r) Each guest room shall be provided with a means for locking each entrance both from the inside and from the outside, according to all of the following requirements:

(1) The key furnished to each guest shall not unlock the door to any other guest room.

(2) At least one secondary lock, including a dead bolt lock, thumb bolt, chain lock, or a similar device, shall be provided in addition to the primary key lock and shall be installed in accordance with the manufacturer's specifications.

(3) All locks shall be in good repair and fully operational.

(s) Each pair of connecting guest rooms shall have two doors in the connecting doorway. Each connecting door shall be equipped with a lock on only the guest room side of that door.

(t) If cribs are provided upon request, the cribs shall be easily cleanable, safe, and in good repair. Each crib rail, pad, and mattress shall be cleaned and sanitized after each guest.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-10 Dishware and utensils

Each licensee shall ensure that all of the following requirements are met: (a) General.

(1) All dishware and utensils that are designed for repeat use shall be made of safe, durable, and nonabsorbent material and shall be kept in good repair. No cracked or chipped dishware or utensils shall be provided for use by guests or employees.

(2) All single-service articles shall be constructed of safe, durable, and nonabsorbent materials.

(3) All single-service drinking glasses and utensils shall be prepackaged or protected in a dispenser.

(4) No single-service articles may be reused.

(b) Storage.

(1) All clean dishware and utensils and all single-service articles shall be protected from dirt, dust, liquids, insects, vermin, and any other sources of contamination at all times.

(2) Each licensee shall provide storage facilities for dishware and utensils in a clean, dry location at least six inches above the floor.

(3) No dishware and utensils shall be stored under an exposed sewer line or a dripping water line.

(4) No dishware, utensils, single-service articles, ice buckets, and food containers shall be stored within a toilet room.

(c) Cleaning and sanitization. Each licensee shall use either manual cleaning and sanitizing equipment or mechanical cleaning and sanitizing equipment.

(1) All dirty or used glasses, dishware, and utensils that are in areas other than a guest room kitchenette shall be removed from each guest room during the servicing or cleaning of the room and upon vacancy of that room. All items shall be washed, rinsed, and sanitized using one of the approved methods in this regulation.

(2) If the licensee provides repeat service dishware or utensils to the lodging establishment's guests or to the public, the licensee shall install in the lodging establishment, or in a food service area operated in conjunction with the lodging establishment, manual or mechanical cleaning equipment for dishware and utensils that meets the requirement of this regulation.

(3) The manual cleaning and sanitizing of dishware, utensils, and food equipment shall meet all of the following requirements:

(A)(i) A sink with at least three compartments or three adjacent sinks shall be used and shall be large enough to permit the immersion of the largest item of dishware, utensil, or food equipment articles to be cleaned.

(ii) All sinks and dishware drying surfaces shall be cleaned before use.

(B) Each compartment of the sink shall be supplied with hot and cold potable running water.

(D) The steps for manual cleaning and sanitizing shall consist of all of the following:

(i) All dishware, utensils, and food equipment shall be thoroughly washed in the first compartment with a hot detergent solution.

(ii) All dishware, utensils, and food equipment shall be rinsed free of detergent and abrasives with clean hot water in the second compartment.

(iii) All dishware, utensils, and food equipment shall be sanitized in the third compartment according to one of the methods in paragraph (c)(3)(E).

(E) The food contact surfaces of all dishware, utensils, and food equipment shall be sanitized during manual ware washing by one of the following methods:

(i) Immersion for at least 10 seconds in a clean solution containing 50 to 200 parts per million of available chlorine, with a water temperature of at least 75 degrees Fahrenheit;

(ii) immersion for at least 30 seconds in clean hot water with a temperature of at least 171 degrees Fahrenheit;

(iii) immersion in a clean solution containing a quaternary ammonium compound with a minimum water temperature of 75 degrees Fahrenheit and with the concentration indicated by the manufacturer's directions on the label; or

(iv) immersion in a clean solution containing a sanitization chemical other than those specified in this subsection that meets the applicable requirements specified in K.A.R. 4-28-11.

(F) A chemical test kit, thermometer, or other device that accurately measures the concentration of sanitizing chemicals, in parts per million, and the temperature of the water shall be available and used daily.

(4) The mechanical cleaning and sanitizing of dishware, utensils, and food equipment may be done by spray-type or immersion commercial dishwashing machines. Another type of dishwashing machine or device may be used if the machine or device meets the requirements of this regulation.

(A) Each dishwashing machine and device shall be properly installed and maintained in good repair and shall be operated in accordance with the manufacturer's instructions.

(B) If an automatic detergent dispenser, rinsing agents dispenser, or liquid sanitizer dispenser is used, the dispenser shall be properly installed and maintained.

(C) Each dishwashing machine using hot water to sanitize shall be installed and operated according to the manufacturer's specifications and shall achieve a minimum dishware and utensil surface temperature of 160 degrees Fahrenheit as measured by a dishwasher-safe thermometer. For each dishwashing machine using hot water to sanitize that does not cause the surface temperature of the dishware and utensils to reach a temperature of 160 degrees Fahrenheit, one of the following requirements shall be met:

(i) The licensee shall install a heat booster.

(ii) The licensee shall provide the secretary with documentation of a time and temperature relationship that results in the sanitization of the dishware and utensils.

(D) The final rinse temperature of each dishwashing machine using hot water to sanitize shall be monitored by a dishwasher-safe thermometer.

(E) All dishware, utensils, and food equipment shall be exposed to all dishwashing and drying cycles.

(F) Each dishwashing machine using chemicals for sanitization shall be used as follows:

(i) The temperature of the wash water shall be at least 120 degrees Fahrenheit, and the chemical sanitizing rinse water shall be at least 75 degrees Fahrenheit unless specified differently by the machine's manufacturer.

(ii) The wash water shall be kept clean.

(iii) The chemicals added for sanitization purposes shall be automatically dispensed.

(iv) All dishware, utensils, and food equipment shall be exposed to the final chemical sanitizing rinse in accordance with the manufacturer's specifications for time and concentration.

(v) All chemical sanitizers shall meet the applicable requirements of K.A.R. 4-28-11.

(G) A chemical test kit, thermometer, or other device that accurately measures the concentration of sanitizing chemicals, in parts per million, and the temperature of the water shall be available and used daily.

(H) Each dishwashing machine or device shall be cleaned as often as necessary to be maintained in operating condition according to the manufacturer's specifications.

(d) All dishware, utensils, and food equipment shall be air-dried.

(e) Each licensee that provides dishware, utensils, and food equipment in the guest room shall clean and sanitize the dishware, utensils, and food equipment provided by one of the following methods:

(1) Provide manual dishwashing and sanitizing as specified in paragraph (c)(3);

(2) provide a mechanical dishwashing machine as specified in paragraph (c)(4); or

(3) provide a complete set of clean and sanitized dishware, utensils, and food equipment before each new guest arrives.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-11 Housekeeping and laundry facilities; maintenance supplies and equipment

Each licensee shall ensure that all housekeeping and laundry facilities and equipment are clean and maintained in good repair. Each licensee shall ensure that all of the following requirements are met: (a)(1) Each housekeeping cart shall be maintained and operated to prevent the contamination of clean linens by dirty linens.

(2) Each housekeeping cart shall be designed, maintained, and operated to protect clean glasses, utensils, dishware, single-service articles, food, coffee, and condiments from dirty linens and other sources of contamination, including dirty glasses and dishware, cleaning and sanitizing agents, and poisonous or toxic materials.

(3) Each service or utility cart shall be maintained and operated to prevent the contamination of clean linens by dirty linens or other sources of contamination, according to one of the following methods:

(A) Cleaning and sanitizing the service cart before transporting clean linens;

(B) lining the service cart with a clean liner before transporting clean linens;

(D) using another method as approved by the secretary.

(4) All laundry bags used for dirty linen shall be laundered before being used for clean linen.

(5) Each housekeeping cart and each service cart shall be kept clean and in good repair.

(b)(1) Each licensee shall provide laundry facilities, unless a commercial laundry service is used.

(2) All clean laundry shall be handled in a manner that prevents contact with dirty linen.

(3) Each laundry area shall be designed and arranged in a manner that provides for the functional separation of clean and dirty laundry. A space large enough for sorting and storing soiled linens and for sorting and storing clean linens shall be provided.

(4) The laundry facilities shall be located in areas that are not used by guests or the public and are not used as corridors or passageways.

(5) The laundry area shall be kept clean and free from accumulated lint and dust.

(6) The laundry facilities and areas shall be used for their intended purpose and shall not be used for storage of equipment or supplies not related to the laundering process.

(7) All laundry equipment shall be functional and in good repair. Any laundry equipment that is no longer in use shall be removed from the laundry area.

(8) Each lodging establishment that is newly constructed, undergoes a major renovation, or is licensed under a new ownership shall be required to have a hand sink in the laundry area. Each hand sink shall meet the requirements specified in K.A.R. 4-27-6.

(9) All housekeeping and cleaning supplies and equipment shall be stored in a designated area. The storage area may be in the laundry area if the supplies and equipment are physically separated from the laundry, laundry equipment, and laundry supplies.

(c) All laundry that is cleaned commercially off the premises shall have a segregated storage space for clean and dirty laundry and shall be located and equipped for convenient pick-up and delivery.

(d) Separate laundry facilities may be provided for use by guests if these facilities are located in a room or area of the lodging establishment designated only for guest laundry. The area and equipment shall be kept clean and in good repair.

(e) Single-use gloves shall be available for housekeeping and laundry staff and made available in the laundry and housekeeping areas.

(f) A specific location or area shall be provided for the storage of maintenance supplies and equipment. No other items shall be stored in this location or area.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-12 Poisonous or toxic materials

Each licensee shall ensure that all of the following requirements are met: (a) Only those poisonous or toxic materials that are required for the operation and maintenance of the lodging establishment shall be allowed on the premises, including the following:

(1) Detergents, sanitizers, cleaning or drying agents, caustics, acids, polishes, and similar chemicals;

(2) insecticides and rodenticides;

(3) building maintenance materials, including paint, varnish, stain, glue, and caulking; and

(4) landscaping materials, including herbicides, lubricants, and fuel for equipment.

(b) The storage of poisonous or toxic materials shall meet all of the following requirements:

(1) The substances listed in each of the four categories specified in subsection (a) shall be stored on separate shelves or in separate cabinets. These shelves and cabinets shall be used for no other purpose.

(2) To prevent the possibility of contamination, poisonous or toxic materials shall not be stored above food, ice or ice-making equipment, linens, towels, utensils, single-service articles, or guest toiletry items. This requirement shall not prohibit the availability of cleaning or sanitizing agents in dishwashing or laundry work areas.

(c) Each bulk or original container of a poisonous or toxic material shall bear a legible manufacturer's label. All poisonous or toxic materials taken from a bulk container or an original container and put into another container shall be clearly identified with the common name of the material.

(d) Each poisonous or toxic material shall be used according to the manufacturer's directions. Additional safety requirements regarding the safe use of poisonous or toxic materials may be established by the secretary upon discovery of the unsafe use of these materials.

(e) Each restricted-use pesticide shall be applied only by a certified applicator or a person under the direct supervision of a certified applicator and in accordance with all applicable statutes and regulations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-13 Public indoor areas

Each licensee shall ensure that all of the following requirements are met: (a) All indoor public areas shall be kept clean and free of debris.

(b)(1) All equipment, appliances, and fixtures shall be maintained in good repair. All equipment, appliances, and fixtures that require repair or maintenance either shall be removed for repair or maintenance or shall be designated as damaged or under repair by using signs, placards, cones, hazard tape, or other visual means to alert guests of any possible hazard.

(2) All unused or damaged equipment, appliances, and fixtures shall be removed.

(c)(1) All floors and floor coverings in public areas, service areas, hallways, walkways, and stairs shall be kept clean by effective means suitable to the finish.

(2) All floor coverings shall be maintained in good repair. All floor maintenance, repair, and replacement shall be done in a manner that prevents slipping or tripping hazards to guests.

(d) All furniture and items of décor shall be in good repair and kept clean by effective means suitable to the material and finish.

(e) All stairs, landings, hallways, and other walkways shall be kept free of debris and in good repair and shall meet the following requirements:

(1) The storage of items shall be prohibited.

(2) A minimum illumination of 10 foot-candles shall be required.

(f) Each fitness room, bathhouse, and spa shall meet the following requirements:

(1) Each area shall be cleaned and sanitized daily or more frequently, if necessary to maintain cleanliness.

(2) All floors shall be maintained in good repair and have a slip-resistant finish or covering that prevents slipping when wet.

(3) All equipment and fixtures that come into contact with guests, including benches, tables, stools, chairs, tanning beds, and fitness equipment, shall be constructed with a covering of a nonabsorbent material suitable for the use of the equipment or fixture. The following requirements shall be met:

(A) All surfaces that come into contact with guests shall be cleaned and sanitized daily or more frequently, if necessary to maintain cleanliness.

(B) Cleaning or sanitizing solutions shall be made available for guest use and shall be kept in clearly labeled bottles.

(4)(A) Towels, including bath towels, hand towels, and paper towels, shall be provided in the area and made available upon guest request.

(B) Each cloth towel shall be laundered before being provided to a guest.

(C) A receptacle for wet or soiled towels shall be provided for guest use in the area. The receptacle shall be emptied at least once daily.

(5) All equipment, fixtures, and recreational items provided for guest use shall be maintained in good repair.

(6) Protective eye equipment shall be provided if tanning equipment is provided for guest use.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 36-506; effective June 4, 2010.)

Kan. Admin. Regs. § 4-27-14 Ice and ice dispensing

Each licensee shall ensure that all of the following requirements are met: (a)(1) If ice is provided in a public area to guests or the general public, the ice shall be provided only through automatic, self-service dispensing machines that are constructed to prevent the direct access to bulk ice storage compartments by guests or the general public.

(2) Ice machines other than the type specified in paragraph (a)(1), including bin-type ice machines that allow direct access to the bulk ice storage compartments, shall not be accessible to guests or the general public. Any lodging employee may provide containers of ice to guests or the general public from this type of ice machine, from an icemaker, or from prepackaged ice.

(b)(1) Only ice that has been made from potable water and handled in a sanitary manner shall be provided by a lodging establishment. All ice shall be free of visible contaminants.

(2) All ice that is not made on the premises of the lodging establishment shall be obtained from a commercial source and shall be protected from contamination during transportation and storage.

(1) Be constructed of sanitary, durable, corrosion-resistant material and be easily cleanable;

(2) be constructed, located, installed, and operated to prevent contamination of the ice;

(3) be kept clean, free of any mold, rust, debris, or other contaminants, and maintained in good repair; and

(4) be drained through an air gap.

(d)(1) Each ice container or ice bucket shall meet the following requirements:

(A) Be made of smooth, nonabsorbent, impervious, food-grade materials and be easily cleaned;

(B) be kept clean and stored in a sanitary manner;

(D) be provided with a sanitary, single-service use, food-grade liner that is changed daily.

(2) All canvas or wax-coated buckets or containers shall be prohibited.

(3) No ice container or ice bucket shall be located within the room housing the toilet.

(e) Each icemaker located in a guest room shall be kept clean and sanitary.

(1) No individual ice cube trays shall be used.

(2) All ice shall be removed from the icemaker's storage bin before each new guest.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 36-506; effective June 4, 2010.)

Kan. Admin. Regs. § 4-27-15 Exterior premises

Each licensee shall ensure that all of the following requirements are met: (a) Exterior areas and surfaces.

(1) All exterior areas and surfaces, including alleys and driveways, shall be kept clean, free of debris, and in good repair.

(2) Each walking, driving, and parking surface shall be graded or maintained to prevent the pooling of water.

(3) All lawns and landscaping shall be mowed or pruned as needed to promote guest safety.

(4) All parking areas and walkways shall be illuminated for guest safety and shall be kept free of debris.

(5) All unused or discarded equipment and materials shall be removed from the premises, except when placed in a designated storage area.

(6)(A) All exterior balconies, landings, porches, decks, stairways, and ramps shall be kept in good repair and free of debris and shall be illuminated for guest safety.

(B) Storage on stairs, landings, and ramps shall be prohibited.

(D) All ramps shall have a slip-resistant surface.

(E) All exterior stairways, ramps, landings, and walkways shall be kept free of ice and snow.

(b) Outside playgrounds and recreational areas.

(1) All equipment shall be kept clean and in good repair at all times. All protruding bolts, screws, and nails and all sharp edges shall be removed or covered.

(2) The ground cover under children's play equipment shall be a soft surface, including turf, rubber chips, bark mulch, clean sand, or any other surface approved by the secretary.

(3) Unused equipment shall be stored in a designated area.

(4) If the area is open for nighttime use, lighting shall be provided for guest safety.

(5) The area shall be kept clean and free of debris.

(6) If fencing is provided, the fencing shall be kept in good repair.

(1) The area where refuse containers are located shall be kept free of debris and cleaned as necessary to prevent the attraction and harborage of insects, rodents, and other pests and to minimize odors.

(2) Containers of adequate capacity or number shall be available to store all refuse that accumulates between refuse pickups. All refuse containers shall be emptied at least once each week or more frequently, if necessary to meet the requirements of these regulations. All rotten waste shall be removed daily.

(3) All refuse container lids shall be closed. All refuse containers shall be kept on a solid surface. Solid surfaces shall include concrete, asphalt, and any other hard surface approved by the secretary.

(d) Outdoor vector control.

(1) The premises shall be free of any harborage conditions that can lead to or encourage infestations of rodents, insects, and any other pests.

(2) Control measures shall be taken to protect against the entrance of rodents, insects, and any other pests into the lodging establishment. All buildings shall be verminproofed and kept in a verminproof condition.

All doors leading outside shall be tightfitting to eliminate entrance points for rodents, insects, and any other pests. All windows and doors that can be opened for ventilation shall have screening material that is at least 16 mesh to the inch and shall be tightfitting and kept in good repair.

(3) Identified infestation problems shall be treated by a licensed pest control operator.

(4) All control measures, both mechanical and chemical, shall be used in accordance with each manufacturer's recommendations.

(e) Exterior storage.

(1) A storage area shall be provided for maintenance and recreational equipment, machinery, and any other maintenance items.

(2) Only those items necessary for the operation and maintenance of the lodging establishment shall be kept in a storage area.

(3) All poisonous and toxic materials shall be stored as specified in K.A.R. 4-27-12.

(4) Each storage area shall be kept free of debris, filth, and any harborage conditions.

(5) All articles in need of repair may be stored on a short-term basis, which shall not exceed six months. All articles that are not repaired within six months shall be discarded or moved to an off-site storage facility.

(f) Outdoor space for pets. All pets shall be kept on a leash or controlled in a manner that prevents the pets from running freely about the premises.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-16 Swimming pools, recreational water facilities, and hot tubs

(a) General requirements. Each licensee shall ensure that all swimming pools, recreational water facilities, and hot tubs are kept sanitary and in good repair.

(1) Each swimming pool, RWF, and hot tub shall meet the requirements in these regulations, unless local ordinances pertaining to planning and design, lifesaving and safety equipment, water quality, and sanitation exist and these ordinances are as restrictive or more restrictive than these regulations.

(2) Each licensee shall maintain records of each inspection conducted by a local regulatory agency for at least one year. The inspection records shall be made available for review by the secretary, upon request.

(b) Design and safeguards.

(1) Each plan for a new swimming pool or RWF and for a swimming pool or RWF undergoing major renovation, including installation of a diving board, slide, or other similar recreational devices, shall be designed by a licensed engineer, architect, or other qualified professional and shall be submitted to the secretary before the start of construction. Submission of documentation of plan approval by the local regulatory agency shall meet the requirements of this paragraph.

(2) Each grate over a main drain in each swimming pool or RWF shall be intact, firmly affixed at all times, and designed to prevent swimmer entanglement, entrapment, or injury. Other methods to prevent swimmer entanglement, entrapment, or injury may include multiple main drains, antivortex drain covers, or any similar device approved by the secretary.

(3) The depth of water in each swimming pool or RWF shall be plainly marked with at least four-inch high numbers of a color that contrasts with the color of the pool decking or vertical pool wall.

(A) Water depth markings for an inground swimming pool shall be clearly marked on the edge of the deck and visible at all times. In addition, water depth markings may be placed above the water surface on the vertical pool walls and shall be visible at all times.

(B) Water depth markings for each aboveground swimming pool or RWF shall be on the edge of the deck and shall be visible to persons entering the swimming pool. If water depth markings cannot be placed on the edge of the deck, another means shall be used so that the water depth is visible to persons entering the swimming pool.

(i) At the maximum and minimum depths. Intermediate increments of depth may be used in addition to the required maximum and minimum depths; and

(ii) the transition point between the shallow end, which shall be five feet or less, and the deep end, which shall be more than five feet. This transition point shall be marked by a line on the floor and the walls of the swimming pool or RWF or by a safety rope equipped with buoys.

(4) Each lighting and electrical system for a swimming pool, RWF, or hot tub shall be kept in good repair at all times. The following requirements shall be met:

(A) Artificial lighting shall be provided at each swimming pool, RWF, or hot tub if used at night and for each indoor swimming pool, RWF, or hot tub. The lighting shall illuminate all portions of each swimming pool, RWF, or hot tub.

(B) All artificial lighting located in the water shall be designed and maintained to prevent electrical shock hazards to guests.

(5) Each outdoor swimming pool and RWF shall be protected by a fence, wall, building, or other enclosure that is at least four feet in height.

(A) Each enclosure shall be made of durable material and kept in good repair.

(B) Each gate shall have self-closing and self-latching mechanisms. The self-latching mechanism shall be installed at least four feet from the bottom of the gate.

(6) Each door leading into an indoor or enclosed swimming pool or RWF area shall have self-closing and self-latching mechanisms. The self-closing mechanism shall be at least four feet from the bottom of the door.

(1) Each swimming pool or RWF shall have lifesaving equipment, consisting of at least one U.S. coast guard-approved flotation device that can be thrown into the water and at least one reaching device.

(A) The flotation device shall be attached to a rope that is at least as long as one and one-half times the maximum width of the swimming pool or RWF. If a lifeguard is on duty, life-saving rescue equipment, including rescue tubes, may also be used.

(B) The reaching device shall be a life pole or a shepherd's crook-type of pole, with a minimum length of 12 feet.

(C) Each lifesaving device shall be located in a conspicuous place and shall be accessible. The lifeguard personnel shall keep their rescue equipment close for immediate use.

(D) Each lifesaving device shall be kept in good repair.

(2) A first-aid kit shall be accessible to the lodging employees.

(3) No glass containers shall be permitted in the swimming pool, RWF, or hot tub area.

(4) Each swimming pool, RWF, and hot tub and each deck shall be kept clean of sediment, floating debris, visible dirt, mold and algae and shall be maintained free of cracks, peeling paint, and tripping hazards.

(5) Each swimming pool, RWF, and hot tub shall be refinished or relined if the bottom or wall surfaces cannot be maintained in a safe and sanitary condition.

(6) If handrails are not present, all steps leading into the swimming pool or RWF shall be marked in a color contrasting with the color of the interior of the swimming pool and RWF so that the steps are visible from the swimming pool or RWF deck.

(7) All steps, ladders, and stairs shall be easily cleanable, in good repair, and equipped with nonslip treads. Handrails and ladders, if present, shall be provided with a handhold and securely attached.

(8) The rules of operation and safety signs for each swimming pool, RWF, and hot tub shall be posted in a conspicuous place at the swimming pool, RWF, or hot tub. Each swimming pool and RWF without a lifeguard shall have posted the following sign: "Warning—No Lifeguard On Duty." The sign shall be legible, with letters at least four inches in height.

(9) If chlorinating equipment is located indoors, the chlorinating equipment shall be housed in a separate room, which shall be vented to the outside or to another room that is vented to the outside. If chlorinating equipment is located outdoors and within an enclosed structure, the structure shall be vented to the outside.

(d) Water quality and sanitation. Each licensee shall ensure that all of the following requirements are met:

(1) Each swimming pool, RWF, and hot tub shall be maintained to provide for continuous disinfection of the water with a chemical process. This process shall use a disinfectant that leaves a measurable residual in the water.

(A) If chlorine or bromine is used to disinfect the water of any swimming pool or RWF, the water shall have a disinfectant residual level of at least 1.0 part per million (ppm) and not more than 5.0 ppm.

(B) If chlorine or bromine is used to disinfect the water of any hot tub, the water shall have a disinfectant residual level of at least 2.0 ppm and not more than 5.0 ppm.

(C) Each means of disinfection other than those specified in paragraphs (d)(1)(A) and (B) shall be used only if the licensee has demonstrated that the alternate means provides a level of disinfection equivalent to that resulting from the residual level specified in paragraph (d)(1)(A) or (B).

(2) The pH of the water in each swimming pool, RWF, and hot tub shall be maintained at not less than 7.0 and not more than 8.0.

(3) Each licensee shall use a chemical test kit or a testing device approved by the secretary. Each testing kit or device shall be appropriate for the disinfecting chemical used and capable of accurately measuring disinfectant residual levels of 0.5 ppm to 20.0 ppm. In addition, a chemical test kit or testing device for measuring the pH of the water shall be used and capable of accurately measuring the pH of water in 0.2 increments.

(4) The water in each swimming pool, RWF, and hot tub shall have sufficient clarity at all times so that one of the following conditions is met:

(A) A black disc with a diameter of six inches is clearly visible in the deepest portion of the swimming pool or RWF.

(B) The bottom drain at the deepest point of the swimming pool or RWF is clearly visible, and the bottom of the hot tub is clearly visible.

(5) The water in each swimming pool, RWF, and hot tub shall be free of scum and floating debris. The bottom and walls shall be free of dirt, algae, and any other foreign material.

(6) No chemical shall be added manually and directly to the water of any swimming pool, RWF, or hot tub while any individual is present in the water.

(7) The temperature of the water in each hot tub shall not exceed 104 degrees Fahrenheit.

(A) Each hot tub shall be operated in accordance with the manufacturer's specifications.

(B) Each hot tub shall have a thermometer or other device to accurately record the water temperature within plus or minus two degrees.

(e) Fecal accident in a swimming pool and RWF. If a fecal accident occurs in a swimming pool or RWF, the following requirements shall be met:

(1) In response to any accident involving formed feces, the following requirements shall be met:

(A) Direct the guests to leave the swimming pool or the RWF, and do not allow any individuals to reenter until the decontamination process has been completed. The closure times can vary since the decontamination process takes from 30 to 60 minutes;

(B) remove as much fecal material as possible using a net or scoop, and dispose of the material in a sanitary manner. Sanitize the net or scoop;

(D) return the disinfectant level to the operating range specified in paragraph (d)(1)(A) before the swimming pool or RWF is reopened to guests.

(2) In response to any accident involving diarrhea, the following requirements shall be met:

(A) Direct guests to leave the swimming pool or the RWF, and do not allow any individuals to reenter until the decontamination process has been completed;

(B) remove as much fecal material as possible using a scoop, and dispose of the material in a sanitary manner. Sanitize the scoop. Vacuuming the fecal material shall be prohibited;

(C) raise the disinfectant level to 20.0 ppm and maintain a water pH of at least 7.2 but not more than 7.8. This level of concentration shall be maintained at least eight hours to ensure inactivation of Cryptosporidium. A lower disinfectant level and a longer inactivation time may be used according to the following table:

(D) ensure that the filtration system is operating and maintaining the required disinfectant levels during the disinfection process. Backwash the filter. Do not return the backwashed water through the filter. Replace the filter medium, if necessary; and

(E) return the disinfectant level to the operating range specified in paragraph (d)(1)(A) before the swimming pool or RWF is reopened to guests.

(f) Vomiting accident in a swimming pool or RWF. If a vomiting accident occurs in a swimming pool or RWF, the procedures in paragraph (e)(1) shall be followed.

(g) Body fluid spills at a swimming pool or RWF. All body fluid spills that occur on swimming pool or RWF equipment or hard surfaces, including decking, shall be cleaned and chemically sanitized. Disposable gloves shall be available for employees' use during cleanup. The following cleanup method shall be used:

(1) Wipe up the spill using absorbent, disposable material. Paper towels may be used;

(2) use a bleach solution by combining one part bleach and 10 parts water. Pour the bleach solution onto the contaminated surface, leave the solution on the surface for at least 10 minutes, and rinse the surface with clean water;

(3) disinfect all nondisposable cleaning materials, including mops and scrub brushes, and allow to air-dry; and

(4) require each employee assisting with the cleanup to wash that employee's hands with warm water and soap after the cleanup is completed.

(h) Fecal or vomiting accident in a hot tub. If a fecal accident or vomiting occurs in a hot tub, all of the following requirements shall be met:

(1) All guests shall be required to leave the hot tub, and the water shall be completely drained.

(2) The hot tub shall be disinfected according to the manufacturer's specifications.

(3) The filtering system shall be disinfected or the filter medium shall be replaced with a clean filter medium before refilling the hot tub with clean water.

(i) Operation and maintenance of a swimming pool, RWF, or hot tub. Each licensee shall ensure that all of the following requirements for each swimming pool, RWF, and hot tub are met:

(1) Daily operational logs shall be maintained for at least one year at the lodging establishment and made available to the secretary, upon request. These logs shall include the date and time the information was collected and the name or initials of the person who collected the information. These logs shall also record the following information:

(A) The disinfectant residuals shall be recorded at least once daily when the swimming pool, RWF, or hot tub is available for guest use or more often, if necessary to maintain the water quality as specified in subsection (d).

(B) The pH test shall be recorded at least once daily when the swimming pool, RWF, or hot tub is available for guest use or more often, if necessary to maintain the water quality as specified in subsection (d).

(C) The temperature reading of each hot tub shall be recorded at least once daily when the hot tub is available for guest use.

(2) Each fecal and vomiting accident log shall include the time and date of the accident and the disinfection measures taken.

(3) Each indoor swimming pool area and chemical storage room shall be either vented directly to the exterior or vented to a room that is vented directly to the exterior.

(4) All chemicals applied to a swimming pool, RWF, or hot tub shall be used, handled, stored, and labeled in accordance with the manufacturer's specifications.

(5) All recreational equipment shall be kept sanitary. Recreational equipment shall include slides, diving boards, play equipment, water sports equipment, and accessory items available to guests, including floats, tubes, air mattresses, and pads for water slides.

(6) A cleaning system shall be used to remove dirt, algae, and any other foreign material from the bottom of the swimming pool or RWF.

(7) All surface skimmers, strainer baskets, and perimeter overflow systems shall be kept clean and in good repair.

(8) The water in each swimming pool and each RWF shall be maintained at the manufacturer's recommended level so that the water will flow into each skimmer and strainer.

(9) The recirculation system serving each swimming pool, RWF, and hot tub shall operate continuously or in accordance with the manufacturer's specifications. The filtration and recirculation systems shall be maintained in accordance with the manufacturer's specifications.

***** Authenticated Kansas Administrative Regulation *****

Cryptosporidium inactivation for diarrheal accident Disinfectant levels (ppm) | Disinfection time 1.0 | 6.5 days 10.0 | 16 hours 20.0 | 8 hours

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-17 Water supply systems

Each licensee shall ensure that all of the following requirements are met: (a) Sufficient potable water to meet the needs of the lodging establishment shall be provided from a source constructed and operated pursuant to K.S.A. 65-161 et seq., and amendments thereto.

(b) No water supply system deemed unsafe by the secretary shall be used as a potable water supply.

(c)(1) Each nonpublic water supply system shall be constructed, maintained, and operated as specified in K.S.A. 65-161 et seq., and amendments thereto.

(2) All water from a nonpublic water supply system shall meet the state drinking water quality standards specified in K.S.A. 65-161 et seq., and amendments thereto. The most recent sample report for the nonpublic water supply system used by the lodging establishment shall be retained for at least 12 months at the lodging establishment and shall be made available to the secretary upon request.

(d) During any period when a boil-water order is in effect, including a precautionary boil-water notice or advisory issued by the secretary of the Kansas department of health and environment on a public or nonpublic water supply, the licensee shall meet the following requirements until the problem has been corrected:

(1) Notify each guest, verbally upon check-in and by written notice placed in each rented guest room, that the plumbed water is not potable and only potable water should be used for drinking and for brushing teeth;

(2) discard any ice that could have been made from or exposed to contaminated water; and

(3) obtain a temporary, alternate supply of potable water by using one of the following:

(A) A supply of commercially bottled drinking water;

(B) one or more closed, portable, bulk water containers;

(D) an on-premises water storage tank; or

(E) any other alternative water source if approved by the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-18 Sewage systems

Each licensee shall ensure that all of the following requirements are met: (a) All sewage shall be disposed of through an approved facility, including one of the following:

(1) A public sewage treatment plant; or

(2) an individual sewage disposal system that is constructed, maintained, and operated according to K.S.A. 65-161 et seq., and amendments thereto, and meets all applicable sanitation requirements.

(b) A temporary sewage disposal facility shall be allowed only as approved by the secretary in response to a disaster.

(c) All condensate drainage, rainwater, and other nonsewage liquids shall be drained from the point of discharge to disposal pursuant to K.S.A. 65-161 et seq., and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-19 Electrical systems

(a) Each licensee shall ensure that the electrical wiring is installed and maintained in accordance with all applicable local electrical codes. In the absence of local electrical codes, the electrical wiring shall be installed and maintained by a licensed electrician. Each licensee shall ensure that all of the following requirements are met:

(1)(A) Each newly constructed lodging establishment shall have a ground-fault circuit interrupter in each electrical outlet located within five feet of any water source, including a swimming pool and hot tub.

(B) Each existing lodging establishment in which major renovation or rewiring has occurred shall be required to have a ground-fault circuit interrupter in each electrical outlet located within five feet of any water source, including a swimming pool and hot tub.

(C) Each licensee shall ensure that the lodging establishment has a ground-fault circuit interrupter in each electrical outlet located within five feet of any water source, including a swimming pool and hot tub.

(2) Each electrical switch and each outlet shall be covered by a faceplate. Each junction box shall have a junction box cover.

(3) All circuit breaker boxes, fuse boxes, and electrical panels shall be protected from physical damage and kept in good condition. All fuses and circuits shall be labeled to identify the circuit location.

The storage of any item that obstructs access to any circuit box shall be prohibited.

(4) All wire splices shall be located in covered junction boxes.

(5) Bare or frayed wiring shall be prohibited.

(6) All three-prong outlets shall be grounded. Each appliance shall be grounded in accordance with the manufacturer's specifications.

(b) All emergency lighting shall be kept in working condition.

Individual branch circuits, including multipl-eplug outlet strips that contain fuse breakers and multiple-plug outlet adapters that do not exceed the amperage for which the outlets are rated, shall be permitted.

(d) The temporary use of extension cords shall be allowed for housekeeping and maintenance purposes if the extension cords are rated for industrial use.

(e) The wattage of light bulbs shall not exceed the wattage rating of the corresponding light fixtures.

Empty light sockets shall be prohibited.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 36-506; effective June 4, 2010.)

Kan. Admin. Regs. § 4-27-20 Plumbing systems

(a) Each licensee shall ensure that all plumbing is installed and maintained in accordance with all applicable local plumbing codes. In the absence of local plumbing codes, all plumbing shall be installed and maintained by a licensed plumber.

(b) Each licensee shall ensure that all of the following requirements are met:

(1) Potable water under pressure shall be available at all times at each fixture designed to provide water. Hot water shall be provided to each fixture designed to use hot water.

(2) Each toilet room, bathing facility, and laundry area shall be provided with ventilation to minimize condensation and to prevent mold, algae, and odors.

Each newly constructed lodging establishment and each lodging establishment undergoing major renovation shall be required to have mechanical ventilation in each toilet room, bathing facility, and laundry area.

(3) Each fixture drain shall be plumbed with a P-trap.

(4) All openings for the passage of plumbing shall be verminproof.

(5) No fitting, connection, device, or method of installation of plumbing shall obstruct or retard the flow of water, wastes, sewage, or air in the drainage or venting system.

(c) All backflow devices shall meet the design specifications for their intended use. All potable water supplies shall be protected from sources of potential contamination. Each licensee shall ensure that all of the following requirements are met:

(1) If provided, each boiler unit, fire sprinkler system with chemical additives, lawn sprinkler with a means for injection of pesticides, herbicides, or other chemicals, and pumped or repressurized cooling or heating system shall be protected by a reduced-pressure-principle backflow prevention assembly.

(A) The backflow prevention assembly shall be tested at least annually.

(B) Documentation of each test shall be maintained at the lodging establishment for at least one year and shall be made available to the secretary upon request.

(2) If provided, each fire sprinkler system not using chemical additives and lawn sprinkler system without a means for injection of pesticides, herbicides, or other chemicals shall be protected by a double-check valve assembly.

(A) The double-check valve assembly shall be tested at least annually.

(B) Documentation of each test shall be maintained at the lodging establishment for at least one year and shall be made available to the secretary upon request.

(3) If provided, each threaded faucet to which a hose is connected, flush valve, and any similar device shall be protected by a vacuum breaker. Each commercial dishwasher and each commercial laundry machine shall be protected by either a vacuum breaker or an air gap.

(4) If provided, each relief valve discharge line from a water heater, water-holding tank, cooling tower, or water softener, each discharge line from a commercial laundry machine, and each condensation line shall be protected by an air gap.

(5) Each swimming pool water supply line shall be protected by either an air gap or a double-check valve assembly.

(6) Fire sprinklers plumbed into a waterline over gas water heaters or furnaces, or both, shall not be required to have a backflow device unless required by local ordinance.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-21 Heating, ventilation, and air-conditioning (HVAC) systems

(a) Each licensee shall ensure that each guest room has heating, ventilation, and related heating and ventilation equipment.

(1) All equipment shall be installed according to the manufacturer's directions and shall be kept in operating condition.

(2) A means to control the temperature in the guest room shall be provided in each guest room that is furnished with a separate heating or air-conditioning unit.

(3) If the guest room has air-conditioning, the air-conditioning system shall meet the requirements specified in paragraphs (a)(1) and (2).

(b) Unvented fuel-fired heaters, unvented fireplaces, and similar devices and portable electrical space heaters shall be prohibited from use in all areas of the lodging establishment, unless designed by the manufacturer for commercial use and approved by the secretary. The following conditions shall be met:

(1) The unvented fuel-fired heater, unvented fireplace, or similar device or the portable electrical space heater is not the primary source of heat.

(2) The unvented fuel-fired heater, unvented fireplace, or similar device or the portable electric space heater is not used in a guest room.

(d) All gas water heaters, gas furnaces, and other gas heating appliances shall be vented to the outside.

(e) A gas shutoff valve shall be located next to each gas appliance, gas furnace, and gas water heater.

(f) Each furnace and each air-conditioning unit shall be equipped with an electrical fuse breaker to protect the unit from electrical overload.

(g) Each furnace room or room containing a gas water heater or any other fuel-fired appliance shall be provided with adequate air for circulation.

(h) Each filter shall be changed according to the manufacturer's specifications.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 36-506, as amended by L. 2012, ch. 145, sec. 6; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-27-22 Lodging establishment inspections by qualified individuals, private entities, or public entities

(a) "Supplemental inspection" shall mean an inspection of a lodging establishment conducted by a qualified person employed by a lodging business, lodging trade organization, or local governmental entity and not employed by the Kansas department of agriculture.

(b) Each person who wishes to conduct a supplemental inspection of a lodging establishment shall complete the following requirements:

(1) Submit to the secretary, or the secretary's designee, a written letter of application and statement describing the applicant's knowledge of lodging standards established pursuant to K.S.A. 36-506, and amendments thereto, acquired by education, training, and experience; and

(2) answer at least 80% of the questions correctly to pass a written examination administered by the secretary, or secretary's designee. The written examination shall test the applicant's knowledge of lodging standards established pursuant to K.S.A. 36-506, and amendments thereto.

(c) A supplemental inspection report on a lodging establishment shall be accepted by the secretary if all of the following conditions are met:

(1) The person conducting the supplemental inspection meets the requirements in subsection (b).

(2) The supplemental inspection is conducted to determine if the lodging establishment meets lodging standards established pursuant to K.S.A. 36-506, and amendments thereto.

(3) The supplemental inspection report is submitted to the secretary no later than 10 calendar days from the date the inspection occurred. If an "imminent health hazard," as defined in K.A.R. 4-27-5, is discovered during the inspection, the person shall notify the secretary, or the secretary's designee, within 12 hours of the discovery, as required in K.A.R. 4-27-5.

(4) The supplemental inspection report thoroughly describes conditions in the lodging establishment at the time of the inspection. Each violation of a lodging establishment standard shall be described in detail and photographed. The supplemental inspection report shall describe any actions taken by the licensee to correct each violation.

(d) An inspection of the lodging establishment may be conducted by department lodging inspectors to determine the accuracy of a supplemental report. The inspection shall be conducted within five days after receipt of a supplemental inspection report.

(e) The secretary's acceptance of a supplemental inspection report shall not preclude the department from conducting an inspection to assess the lodging establishment's compliance with lodging establishment standards or determine the accuracy of the supplemental inspection report. The supplemental inspection report, if accepted, may be considered by the secretary when determining the inspection frequency of a lodging establishment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2009 Supp. 36-506; implementing K.S.A. 2009 Supp. 36-519; effective June 4, 2010.)

Article 28 Food Safety

Kan. Admin. Regs. § 4-28-1 Definition; specialized processing

"Specialized processing" shall mean any food preparation method having an increased risk of foodborne illness associated with improper implementation, including the following:

(a) Smoking food as a method of food preservation rather than as a method of flavor enhancement;

(b) curing food;

(d) using food additives or adding components, which may include vinegar, for either of the following:

(1) A method of food preservation rather than flavor enhancement; or

(2) a method to render a food so that the food does not require time and temperature control for food safety;

(e) packaging food using a reduced-oxygen packaging method;

(f) sprouting seeds or beans;

(g) drying food, other than herbs, whole fruits, or whole vegetables;

(h) keeping molluscan shellfish in a life-support tank;

(i) custom-processing animals in a facility for personal use;

(j) processing and packaging juice;

(k) fermenting foods;

(l) producing cultured dairy products, including cheese, yogurt, and buttermilk; and

(m) using a noncontinuous cooking process.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 65-688, as amended by L. 2012, ch. 145, sec. 23; implementing K.S.A. 2011 Supp. 65-689, as amended by L. 2012, ch. 145, sec. 24; effective, T-4-11-5-04, Nov. 5, 2004; effective Feb. 18, 2005; amended June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-28-2 Adoption by reference

(a) The following federal regulations are hereby adopted by reference, except as otherwise indicated in this subsection:

(1) 9 C.F.R. Parts 317, excluding 9 C.F.R. 317.2(a), 319, 381, and 424, as revised on January 1, 2011;

(2) 21 C.F.R. Parts 100 through 186, excluding 21 C.F.R. 100.1 and 100.2, as revised on April 1, 2011;

(3) 21 C.F.R. 1030.10, as revised on April 1, 2011; and

(4) 40 C.F.R. Part 180, as revised on July 1, 2011.

(b) Copies of the adopted material shall be available from the division of food safety and lodging of the Kansas department of agriculture, Topeka, Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 65-688, as amended by L. 2012, ch. 145, sec. 23; implementing K.S.A. 2011 Supp. 65-688, as amended by L. 2012, ch. 145, sec. 23, and K.S.A. 2011 Supp. 74-581; effective, T-4-11-5-04, Nov. 5, 2004; effective Feb. 18, 2005; amended June 4, 2010; amended April 26, 2013.)

Kan. Admin. Regs. § 4-28-5 Fees; food processing plant

Each food processing plant shall be licensed by the secretary.

(a) Each person operating or intending to operate a food processing plant shall submit an application on a form supplied by the department with one of the following pairs of application fees and license fees based on the size and type of the plant, as applicable:

(1) For each food processing plant that only stores food, one of the following fees:

(A) Less than 1,000 square feet: $150 application fee and $160 license fee;

(B) 1,000 square feet through 5,000 square feet: $200 application fee and $175 license fee;

(D) 10,001 square feet through 50,000 square feet: $300 application fee and $300 license fee; or

(E) more than 50,000 square feet: $350 application fee and $350 license fee; and

(2) for each food processing plant not specified in paragraph (a)(1), one of the following fees:

(A) Less than 1,000 square feet: $150 application fee and $175 license fee;

(B) 1,000 square feet through 5,000 square feet: $200 application fee and $200 license fee;

(D) 10,001 square feet through 50,000 square feet: $300 application fee and $325 license fee; or

(E) more than 50,000 square feet: $350 application fee and $400 license fee.

(b) For the purpose of this regulation, a facility that only stores food shall include any premises, establishment, building, room, area, facility, or place where food is stored, kept, or held for distribution, whether or not the food is temperature-controlled.

(1) A facility in which fresh fruits and vegetables are harvested and washed, if the fruits and vegetables are not otherwise processed at the facility; or

(2) a storage facility used solely for the storage of grain or other raw agricultural commodities.

(d) Each license issued shall expire on March 31 each year.

(e) Each license shall require annual renewal by the licensee's submission of an online application for renewal available on the department's web site and the payment of the applicable license fee specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2017 Supp. 65-688; effective Feb. 18, 2005; amended Dec. 5, 2008; amended Feb. 8, 2013; amended June 15, 2018.)

Kan. Admin. Regs. § 4-28-6 Fees; risk levels; food establishment

(a) Each food establishment required to be licensed shall be assessed by the secretary for classification by risk level according to this regulation. The following classifications shall be used to determine licensing fees and inspection frequency at food establishments:

(1) A "category I facility" shall mean a food establishment that presents a high relative risk of causing food-borne illness based upon the usage of food-handling processes associated with food-borne illness outbreaks. Factors considered in classifying a food establishment as a category I facility shall include whether the food establishment meets any of the following conditions:

(A) Cooks, cools, or reheats food that requires time and temperature control for safety;

(B) uses freezing as a means to achieve parasite destruction;

(D) uses specialized processing;

(E) has a required hazard analysis critical control point plan; or

(F) offers for consumption without further preparation any food containing raw or undercooked eggs, meat, poultry, fish, or shellfish.

(2) A "category II facility" shall mean a food establishment that presents a moderate relative risk of causing food-borne illness based upon the usage of a limited number of food-handling processes associated with food-borne illness outbreaks. Factors considered in classifying a food establishment as a category II facility shall include whether the food establishment meets any of the following conditions:

(A) Prepares baked products;

(B) repackages foods from a licensed food processor in smaller quantities for distribution;

(D) handles, cuts, grinds, or slices only raw animal foods or ready-to-eat meats and cheeses.

(3) A "category III facility" shall mean a food establishment that presents a low relative risk of causing food-borne illness based upon the usage of few or no food-handling processes associated with food-borne illness outbreaks. Factors considered in classifying a food establishment as a category III facility shall include whether the food establishment meets any of the following conditions:

(A) Offers self-service beverages;

(B) offers prepackaged food and beverages, including those prepackaged foods and beverages that are required to be held at a temperature of 41°F or below for food safety; or

(4) A "category IV facility" shall mean a food establishment that presents a very low relative risk of causing food-borne illness based upon the usage of few or no food-handling processes associated with food-borne illness outbreaks. The food establishment shall have systematic controls in place to further reduce the risk of a food-borne illness outbreak. Factors considered in classifying a food establishment as a category IV facility shall include whether the food establishment meets the following conditions:

(A)(i) Offers prepackaged food and beverages, including those prepackaged foods and beverages that are required to be held at a temperature of 41°F or below for food safety;

(ii) offers unpackaged food that does not require time and temperature control for safety; or

(iii) offers prepackaged food and beverages, including those prepackaged foods and beverages that are required to be held at a temperature of 41°F or below for food safety, and unpackaged food that does not require time and temperature control for safety; and

(B) has the following controls in place in a structure that has limited or controlled access, including an office building with keyed entrances or security guards:

(i) Continuous electronic monitoring of all food items that require temperature control for safety;

(ii) a means to prevent lawful purchase of a food that has been held outside of the time and temperature combinations specified in the Kansas food code by physical lockout, transaction lockout, or other equivalent method; and

(iii) remote monitoring and recording of video surveillance covering all areas of the food establishment.

(b) Each food establishment with operations in multiple categories shall be placed in the highest risk-level category. A history of a food establishment's noncompliance with applicable statutes and regulations may be considered and may warrant placement of the food establishment in a higher risk-level category. The risk level assigned to a food establishment may be changed if the secretary determines that the change is warranted based upon the degree of risk of a health hazard and protection of the public health and safety.

(c) Each person operating or intending to operate a food establishment shall submit an application on a form prescribed by the secretary with the following fees, as applicable:

(1) Category I facilities.

(A) Application fee. Each person shall submit a onetime application fee based on the size of the food establishment as follows:

(i) Less than 5,000 square feet: $300;

(ii) 5,000 through 10,000 square feet: $325;

(iii) 10,001 through 50,000 square feet: $350; and

(iv) more than 50,000 square feet: $350.

(B) License fee. Each person shall submit a license fee based on the size of the food establishment as follows:

(i) Less than 5,000 square feet: $250;

(ii) 5,000 through 10,000 square feet: $300;

(iii) 10,001 through 50,000 square feet: $500; and

(iv) more than 50,000 square feet: $750.

(2) Category II facilities.

(A) Application fee. Each person shall submit a onetime application fee of $325.

(B) License fee. Each person shall submit a license fee of $220.

(3) Category III facilities.

(A) Application fee. Each person shall submit a onetime application fee of $275.

(B) License fee. Each person shall submit a license fee of $190.

(4) Category IV facilities.

(A) Application fee. Each person shall submit a onetime application fee of $100.

(B) License fee. Each person shall submit a license fee of $75.

(d)(1) Each category I facility shall be inspected at least once every 12 months.

(2) Each category II facility shall be inspected at least once every 15 months.

(3) Each category III facility shall be inspected at least once every 18 months.

(4) Each category IV facility shall be inspected at least once every 36 months.

(e) Each license shall expire on the first March 31 following the date of issuance.

(f) Each license shall require annual renewal by the licensee's submission of an online application for renewal available on the department's web site and payment of the applicable license fee specified in subsection (c).

(g) For the purpose of this regulation, "mixed drink" shall mean any beverage combining two or more liquids, including any combination of alcoholic or nonalcoholic liquids.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2017 Supp. 65-688; effective Feb. 18, 2005; amended, T-4-6-28-12, July 1, 2012; amended Oct. 26, 2012; amended May 31, 2013; amended June 15, 2018.)

Kan. Admin. Regs. § 4-28-8 Adoption of Kansas food code

The document titled "Kansas food code," dated October 20, 2022 and published by the Kansas department of agriculture's food safety and lodging program, is hereby adopted by reference, except for the preface and the index.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-688, K.S.A. 65-689, K.S.A. 65-691, and K.S.A. 74-581; effective Feb. 29, 2008; amended June 4, 2010; amended April 26, 2013; amended June 2, 2023.)

Kan. Admin. Regs. § 4-28-23 Sidewalk or street display of food products; prohibitions

(a) The sidewalk or street display or sale of fresh meat and meat products, fresh seafood and fish, fresh poultry, and any other foods that require time and temperature control for safety shall be prohibited.

(b) Any food product, other than those products listed in subsection (a), that ordinarily is washed, peeled, pared, or cooked in the course of preparation for consumption may be displayed in street and sidewalk displays if the product is in containers that are at least six inches above the surface of the sidewalk or street.

(c) The street or sidewalk display of all food products not specified in this regulation shall be prohibited unless the products are enclosed to protect the products from flying insects, dust, and other contamination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 65-688, as amended by L. 2012, ch. 145, sec. 23, and K.S.A. 2011 Supp. 74-581; implementing K.S.A. 2011 Supp. 65-688, as amended by L. 2012, ch. 145, sec. 23; effective June 4, 2010; amended Feb. 8, 2013.)

Kan. Admin. Regs. § 4-28-31 Fees; education facility with a school lunch program or satellite school lunch program

Each education facility with a school lunch program or satellite school lunch program subject to the national school lunch act, 42 U.S.C. §1751 et seq., shall be licensed by the secretary.

(a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection:

(1) "Education facility with a school lunch program" means any school, institution, or other organization providing meals to children through the national school lunch program of the division of food and nutrition services, United States department of agriculture.

(2) "Satellite school lunch program" means any program offered through an education facility with a school lunch program that is operated at a different location as designated by the education facility. A satellite school lunch program does not have on-site food preparation, except portioning food for service.

(b) Each person operating or wanting to operate an education facility with a school lunch program or satellite school lunch program shall submit an application on forms provided by the department with the following fees, as applicable:

(1) Application fee: $200; and

(2)(A) License fee for an education facility with a school lunch program: $415; or

(B) license fee for an education facility with a satellite school lunch program: $340.

(d) Any licensee may renew a license before the expiration date of the license by submitting an application for renewal on a form supplied by the department and the applicable license fee specified in paragraph (b)(2).

(e)(1) Each license renewal application received within 30 days after the license expiration date shall require annual renewal by the licensee's submission of an application for renewal on a form supplied by the department, the applicable license fee specified in paragraph (b)(2), and a late fee of $25, pursuant to 2012 Sen. Sub. for HB 2730, sec. 1 and amendments thereto.

(2) License renewal applications received by the department on or after May 1 shall not be approved before the licensee submits the fees prescribed in paragraphs (b)(1) and (b)(2) and the licensee's food establishment is inspected pursuant to K.S.A. 65-689, and amendments thereto.

(f) For an education facility with a school lunch program or satellite school lunch program licensed before July 1, 2012, the difference between the original license fee paid and the current license fee shall be paid for the license year ending March 31, 2013. In subsequent years, the full license fee shall be paid.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2011 Supp. 65-688, as amended by 2012 Sen. Sub. for HB 2730, sec. 23; effective, T-4-6-28-12, July 1, 2012; effective Oct. 26, 2012.)

Kan. Admin. Regs. § 4-28-32 Vehicles used in transportation

Each vehicle used in the transportation of food shall be kept in a condition by which food cannot become adulterated. During transport, the food shall be protected from physical, chemical, and microbial contamination and degradation by the use of the following:

(a) Clean and sanitary transportation vehicles and containers; and

(b) temperature-control measures meeting the department's requirements.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2011 Supp. 65-688, as amended by L. 2012, ch. 145, sec. 23; implementing K.S.A. 2011 Supp. 65-688, as amended by L. 2012, ch. 145, sec. 23, and K.S.A. 2011 Supp. 74-581; effective Feb. 8, 2013.)

Kan. Admin. Regs. § 4-28-33 Sanitation and hygiene requirements for exempt food establishments

Each food establishment exempted from licensure in K.S.A. 65-689, and amendments thereto, shall meet the following requirements: (a) Food preparation areas shall be protected from environmental contamination, including rain, dust, and pests.

(b) Food contact surfaces, including cutting boards, utensils, and dishes, shall be cleaned, rinsed, and sanitized before food-handling activities begin and also as necessary. Hot, potable water and a dishwashing detergent shall be used for cleaning operations. Clean, hot, potable water shall be used for rinsing. Sanitizing shall be accomplished by immersing each item in a chlorine bleach solution of 50 to 100 parts per million for 10 seconds and allowing the item to air-dry. A sanitizer labeled for use on food contact surfaces may be used instead of chlorine bleach. Warewashing activities shall be conducted in easily cleanable sinks or food-grade tubs large enough to accommodate immersion of the largest items.

(d) Food and utensils shall be protected from contamination.

(e) A potable water supply shall be provided. Commercially bottled water or water from a private system may be used.

(1) If water is supplied from a private system, including a well or spring, the private system shall meet the local water system test requirements. If local requirements do not exist, the water shall meet the following standards, with testing obtained by the operator of the food establishment at least annually:

(A) Nitrates shall be less than 20 milligrams per kilogram.

(B) Total coliforms shall be zero colony-forming units.

The current copy of the testing shall be made available upon request.

(2) Each mobile or portable establishment shall ensure that the water is maintained in a potable state by use of appropriate containers, hoses, or other water-handling systems.

(f) Adequate sewage disposal shall be provided. Each septic system shall be approved by the Kansas department of health and environment or the county sanitarian. The current copy of the approval shall be made available upon request. Each mobile or portable establishment shall have adequate on-site sewage storage and shall dispose of sewage in a sanitary sewer or septic system.

(g) Bare-hand contact shall not be permitted with ready-to-eat foods.

(h) Each person working with food shall wash that person's hands before working with food or food contact surfaces and after the hands are contaminated, or could have become contaminated, including after handling raw eggs, raw meat, or raw poultry or after touching the face or hair. The following procedure shall be used:

(1) Wet hands using warm, running potable water;

(2) apply soap and rub hands together vigorously for at least 10 seconds;

(3) rinse hands; and

(4) dry hands with a clean paper towel.

(i) No person with any of the following symptoms or conditions shall work with food:

(1) Vomiting;

(2) diarrhea;

(3) jaundice;

(4) sore throat with fever;

(5) any lesion, boil, or infected wound that contains pus, is open or draining, and is located on any of the following:

(A) The hands or wrists, unless an impermeable cover that may include a finger cot or stall protects the affected site and a single-use glove is worn over the impermeable cover;

(B) exposed portions of the arms, unless the affected site is protected by an impermeable cover; or

(6) an illness due to any of the following:

(A) Norovirus;

(B) hepatitis A virus;

(D) enterohemorrhagic or shiga toxin-producing Escherichia coli; or

(E) salmonella typhi.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2012 Supp. 65-688; implementing K.S.A. 2012 Supp. 65-688 and 65-689; effective May 31, 2013.)

Kan. Admin. Regs. § 4-28-34 Exemption from licensure; definitions

(a) Each person who is exempt under K.S.A. 65-689(d)(7), and amendments thereto, from licensure for operating a food establishment shall post at the point of sale a placard or sign that states, in letters at least one-quarter inch high and in contrasting color to the background, that the food establishment is not subject to routine inspection by the Kansas department of agriculture.

(b) As used in K.S.A. 65-689(d)(7) and amendments thereto, each of the following terms shall have the meaning specified in this subsection:

(1) "Community or humanitarian purposes" shall mean purposes for the common good, including building or refurbishing playgrounds or parks, preserving historic public buildings, religious organization fundraising, promoting human welfare including disaster relief, providing food to the food-insecure, providing shelter for humans, and similar activities.

(2) "Educational or youth activities" shall mean activities associated with an early childhood, elementary, secondary, or postsecondary school or activities for persons less than 21 years of age that engage these persons in recreational, educational, or social activities, including sports teams, summer camps, music programs, arts programs, and similar activities.

(c) Funds raised in food establishments exempt from licensure under K.S.A. 65-689(d)(7), and amendments thereto, shall not be used for wages or other compensation of volunteers or employees, except for providing complimentary food to volunteer staff.

(d) Nothing in this regulation shall prohibit a person who is exempt from licensure for operating a food establishment from applying for a food establishment license from the secretary. Upon the secretary's review of the application, a license may be issued by the secretary pursuant to K.S.A. 65-689(b), and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2012 Supp. 65-688; implementing K.S.A. 2012 Supp. 65-688 and 65-689; effective May 31, 2013.)

Article 33 Mill Levy Assessment

Kan. Admin. Regs. § 4-33-1 Mill levy assessment

(a) Except as provided in paragraph (b) of this regulation, soybeans marketed through commercial channels in the state of Kansas shall be assessed at 20 mills per bushel. The assessment shall be levied and assessed to the grower at the time of sale.

(b) Whenever a federal marketing order issued pursuant to the soybean promotion, research, and consumer information act, section 1965 of public law 101-624 (7 U.S.C.A. 6301 et seq.) establishing a national checkoff program for soybeans becomes effective, all soybean assessments shall be assessed as provided in K.A.R. 4-33-2. As long as the federal marketing order remains in effect, no assessments shall be collected pursuant to paragraph (a) of this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3006; implementing 1990 Supp. K.S.A. 2-3007 as amended by 1991 SB 323, Sec. 4 and 1991 SB 323, Sec. 6, 7; effective July 1, 1989; amended, T-4-8-23-91, Sept. 1, 1991; amended Oct. 21, 1991.)

Kan. Admin. Regs. § 4-33-2 Assessment under federal marketing order

(a) While any federal marketing order issued pursuant to the soybean promotion, research, and consumer information act, section 1965 of public law 101-624 (7 U.S.C.A. 6301 et seq.) is in effect, soybeans-marketed through commercial channels in the state of Kansas shall be assessed at the rate of one-half of 1 percent of the net market price of soybeans sold by the producer or grower to the first purchaser. The assessment shall be levied and assessed to the producer or grower at the time of sale.

(b) This regulation shall be in force and effect from and after September 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2-3006 as amended by SB 323, Sec. 3; implementing 1990 Supp. K.S.A. 2-3007 as amended by 1991 SB 323, Sec. 4 and 1991 SB 323, Sec. 6, 7; effective, T-4-8-23-91, Sept. 1, 1991; effective Oct. 21, 1991.)

Article 34 Industrial Hemp

Kan. Admin. Regs. § 4-34-1 Definitions

Each of the following terms, as used in this article of the department's regulations, shall have the meaning specified in this regulation:

(a) "Act" means the commercial industrial hemp act, K.S.A. 2019 Supp. 2-3901 et seq. and amendments thereto.

(b) "Administrative license" means a license issued to any of the following:

(1) An individual appointed as a member of the state advisory board;

(2) an individual employed by the designated certifying agency who requires licensure as a result of the individual's assigned employment duties and is involved in the administration of the designated certifying agency's responsibilities pursuant to the pilot program;

(3) an individual employed by the department who is involved in the administration, regulation, or oversight of the pilot program or an individual employed by the department who requires licensure as a result of the individual's assigned employment duties; or

(4) an individual who is an employee or agent of a bank, financial institution, or other creditor that has a legal right to take possession of industrial hemp for the purposes of settling a debt.

(c) "Approved variety of industrial hemp" means a variety or strain of industrial hemp authorized for use in the pilot program.

(d) "Certifying agency" has the meaning specified in K.S.A. 2-1415, and amendments thereto.

(e) "Condition," as used in this article of the department's regulations, means to clean or to clean and blend seed within a licensed research section, in order to meet the requirements of agricultural seed for the purpose of being planted or seeded. Seed that has undergone this process is known as "conditioned."

(f) "Department" means Kansas department of agriculture.

(g) "Destroy" means to make incapable of being harvested or processed by means of being incinerated, tilled under the soil, or made into compost or by using another manner approved by the secretary. This process is known as "destruction," which is a type of "effective disposal" as defined in K.S.A. 2019 Supp. 2-3901 and amendments thereto.

(h) "Devitalize" means to render incapable of germinating.

(i) "Grain," as used in this article of the department's regulations, means an industrial hemp plant's unit of sexual reproduction intended to be consumed or processed into hemp products.

(j) "Ground cover" means any species of grass, legume, or forb that is planted to provide seasonal soil cover and is not intended to be harvested.

(k) "Handle" means to cause any movement of industrial hemp on or within a licensed research section.

(l) "Harvest" means to remove industrial hemp plants, plant parts, grain, or seeds from the research area where the industrial hemp plants, plant parts, grain, or seeds were cultivated, planted, or grown.

(m) "Harvest certificate" means a document issued by the department to the primary licensee, after the industrial hemp plants, plant parts, grain, or seeds are harvested, that includes information to assist in identifying the industrial hemp plants, plant parts, grain, or seeds that were harvested.

(n) "Individual" means a natural person.

(o) "Licensed growing area" means an area that is identified on an application or license for cultivating or producing industrial hemp for commercial purposes, can consist of a single primary section legally designated by the public land survey system, and may include an additional half mile in any direction beyond the primary section.

(p) "Licensed research distributor" means an individual licensed by the department to handle, condition, store, distribute, or transport raw, harvested industrial hemp plants, plant parts, grain, or seeds in Kansas.

(q) "Licensed research grower" means an individual licensed by the department to cultivate, plant, grow, handle, harvest, condition, store, distribute, or transport industrial hemp plants, plant parts, grain, or seeds in Kansas.

(r) "Licensed research processor" means an individual licensed by the department to handle, store, or process industrial hemp plants, plant parts, or grain and take part in any aspect of turning raw, harvested industrial hemp into a hemp product in Kansas.

(s) "Licensed research section" means a section legally designated by the public land survey system that is identified in the license issued by the department establishing where a licensee may cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process industrial hemp plants, plant parts, grain, or seeds. A licensed research section may include land, structures, and buildings that are not used to cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process industrial hemp plants, plant parts, grain, or seeds.

(t) "Licensee" means any individual who possesses a valid license issued by the department pursuant to the act.

(u) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout the area.

(v) "Pilot program" means the industrial hemp research program administered by the department pursuant to the act.

(w) "Plant part" means any portion of an industrial hemp plant, including any of the following:

(1) Whole or partial unprocessed plants, including stalk, leaf, seed, floral, and root materials;

(2) raw roots;

(3) fresh, unprocessed, dried, or ground leaves or floral material; or

(4) rooted plants, cuttings, propagules, or clones.

(x) "Primary licensee" means an individual at least 18 years of age who was issued a research license by the department and who shall be responsible for ensuring that all licensees listed on the research license application submitted by that individual comply with the requirements of the act and any implementing regulations.

(y) "Research area" means a location within a licensed research section used for the cultivation, planting, growth, handling, harvesting, conditioning, storage, distribution, transporting, or processing of industrial hemp plants, plant parts, grain, or seeds.

(z) "Secretary" means secretary of the Kansas department of agriculture or the secretary's designated representative.

(aa) "Seed," as used in this article of the department's regulations, means an industrial hemp plant's unit of sexual reproduction intended to be planted for germination.

(bb) "Variety" means a subdivision of a species that meets the following conditions:

(1) Is uniform, in the sense that the variations in essential and distinctive characteristics are describable;

(2) is stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties; and

(3) is distinct, in that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other publicly known varieties.

(cc) "Volunteer plant" means any plant of the genus cannabis that grows of its own accord from seeds or roots and is not intentionally planted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-3902; effective Feb. 8, 2019; amended Feb. 26, 2021.)

Kan. Admin. Regs. § 4-34-2 Certified seed

(a) All certified seed shall be considered "agricultural seed" subject to the Kansas agricultural seed act, K.S.A. 2-1415 et seq. and amendments thereto, and the implementing regulations.

(b) No certification of seed shall be made unless by or on the authority of the designated certifying agency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-3 License approval process

(a) Each individual wanting to conduct research pursuant to the pilot program shall submit or be listed on a completed, accurate, and legible research license application. Each research license application shall be submitted on a form provided by the department and shall designate the individual wanting to be the primary licensee and all proposed licensees. Each research license application shall include a research proposal and all required state and national criminal history record check and application fees, except that an individual wanting to be a primary licensee on a state educational institution license shall not be required to submit an application fee.

(b) Each individual issued an administrative license, each individual wanting to be a primary licensee, and each individual listed on a research license application shall meet the following requirements:

(1) Be fingerprinted and submit to a state and national criminal history record check, which shall be performed by the Kansas bureau of investigation;

(2) submit payment for the fingerprint-based criminal history record check to the Kansas bureau of investigation; and

(3) submit payment for the costs of fingerprinting to the law enforcement agency that provided the fingerprinting services.

(c) Each individual wanting to be a primary licensee and each individual listed on a research license application shall submit that individual's fingerprints and a state and national criminal history record check no more than 30 days before submitting the research license application to the department.

(d) Following the department's receipt of the completed research license application, verification that all individuals passed the state and national criminal history record check, and the application fees, the research license application shall be reviewed by the state advisory board and either rejected or recommended for approval and forwarded to the secretary.

(e) Following the secretary's review, each research license application shall be denied or conditionally approved. The individual wanting to be the primary licensee shall be notified by the department of the denial or conditional approval in writing. Each research license application for a state educational institution license shall be reviewed solely by the secretary and shall be denied or approved. If approved, each state educational institution license shall be issued by the department and the licensee may begin the approved research.

(f) Upon conditional approval of a research license application, the individual wanting to be the primary licensee shall remit the applicable license fees for each approved license category within 15 days of receipt of the department's written notice of conditional approval. Once the department receives the applicable license fees, the research license application shall be officially approved and each appropriate license shall be issued by the department. Upon receipt of the research license, the licensee may begin the approved research.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-4 Research license applications

(a) Each individual wanting to be a primary licensee shall identify the following on the research license application:

(1) Each owner of all land, structures, and buildings where any proposed research will be conducted;

(2) each owner of all motor vehicles that will be used to distribute or transport industrial hemp plants, plant parts, grain, or seeds;

(3) each individual that will own 10 percent or more of the industrial hemp plants, plant parts, grain, or seeds being cultivated, planted, or grown; and

(4) each individual that will otherwise be involved in the research proposal, including those individuals that will be engaged in the purchasing, researching, cultivating, planting, growing, handling, harvesting, conditioning, storing, distributing, transporting, processing, studying, analyzing, or selling of industrial hemp plants, plant parts, grain, or seeds.

(b) Each research license application shall include the following:

(1) A research proposal submitted on a form provided by the department that includes the following, at a minimum:

(A) A statement of the type of research to be conducted;

(B) the purpose of the research;

(D) the location where the research will occur;

(E) the number of acres or square feet that will be used to conduct the research;

(F) the methods to be used in conducting the research;

(G) the intended duration of the research;

(H) the anticipated results of the research; and

(I) any other relevant information that the secretary requests;

(2) legal descriptions and maps depicting each location where industrial hemp plants, plant parts, grain, or seeds will be cultivated, planted, grown, handled, harvested, conditioned, stored, distributed, transported, or processed, including appropriate designations for field identifications and boundaries and the global positioning system coordinates;

(3) a description of each vehicle that will be used for transporting or distributing industrial hemp plants, plant parts, grain, or seeds, including the make, model, license plate number, and color; and

(4) a list of each individual who will transport any industrial hemp plants, plant parts, grain, or seeds, along with a copy of the individual's current driver's license.

(c) Each research license application shall be submitted to the department on an annual basis, on a form provided by the department. Each research license application shall be submitted to the department no later than March 1 for the 2019 growing season and no later than November 30 for each subsequent growing season.

(d) Incomplete or illegible research license applications shall not be accepted, and the application fees shall not be refunded.

(1) Any individual wanting to be a primary licensee may complete or resubmit a previously incomplete or illegible research license application no later than November 30.

(2) For the 2019 growing season, any individual wanting to be a primary licensee may complete or resubmit a previously incomplete or illegible research license application no later than March 1.

(e) Any individual may apply for multiple licenses in a single license category or multiple license categories. Each individual shall provide the department with all required information for each license being sought along with payment of separate application fees and license fees.

(f) A research license application may be denied and the application fees shall not be refunded if at least one of the following conditions is met:

(1) The research license application is not submitted by the established deadline.

(2) The research license application does not include the application fees.

(3) Any individual identified on the research license application fails to submit to the state and national criminal history record check as required.

(4) Any criminal history records check reveals that an individual identified on the license application has been convicted of any crime specified in K.S.A. 2018 Supp. 2-3902, and amendments thereto, or a violation of any law of another jurisdiction that is in substantial conformity with the offenses listed in that statute.

(5) The research license application does not include a research proposal.

(6) The research license application includes a home or residence as a location to cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process industrial hemp plants, plant parts, grain, or seeds.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-5 Licenses issued by the department; general requirements for licensees

(a) Each license issued by the department shall establish the requirements governing each licensee's participation in the pilot program. Any violation of the terms and conditions specified in a license may result in the revocation of any license held by the licensee and denial of future applications. Each licensee shall comply with all instructions from representatives of the department and local, state, and federal law enforcement agencies pertaining to the licensee's involvement in the pilot program.

(b) Before cultivating, planting, growing, handling, harvesting, conditioning, storing, distributing, transporting, processing, researching, overseeing, studying, or analyzing industrial hemp plants, plant parts, grain, or seeds for research purposes at any location in Kansas, each individual shall obtain a license issued by the department.

(c) Before a license is issued by the department, license fees shall be paid as required by K.A.R. 4-34-12. Failure by the individual wanting to be the primary licensee to pay the license fees within 15 days of receipt of notice of conditional approval shall terminate the approval process of the research license application, and the requested licenses shall not be issued by the department.

(d) Except in the case of the death of the primary licensee, a license issued by the department shall not be sold or transferred. If the primary licensee dies, any individual listed on the research license application that has also been issued a license may request that the department modify the license as required by K.A.R. 4-34-13.

(e)(1) Each licensee shall use or allow to be used as part of the pilot program only industrial hemp plants, plant parts, grain, or seeds from varieties currently designated by the department as approved varieties of industrial hemp. The department's document titled "approved varieties of industrial hemp for planting," dated October 15, 2018, is hereby adopted by reference.

(2) Upon request of the individual wanting to be the primary licensee, any licensees listed on that individual's research license application may be authorized by the secretary to cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process varieties of industrial hemp other than those varieties identified under paragraph (e)(1), if doing so is appropriate and consistent with the individual's research proposal.

(f) At all times while a licensee is engaged in cultivating, planting, growing, handling, harvesting, conditioning, storing, distributing, transporting, processing, researching, overseeing, studying, or analyzing industrial hemp plants, plant parts, grain or seeds pursuant to the pilot program, the licensee shall have that individual's current license authorizing the activity in possession.

(g) Each license issued by the department shall be valid from the date of issuance until the expiration date unless the license is revoked by the department. Each license shall expire on January 31, following the date of issuance. An individual may apply for a license in successive years by completing a research license application, state and national criminal history records check, fingerprinting, and paying the application and license fees. Issuance of a license in one year shall not guarantee issuance of a license in any subsequent year.

(h) A license shall not be issued by the department to an individual if the individual's research license application includes a location approved by the department as a research area in a license previously issued by the department in the same license year. Any individual may request that the department approve multiple licensed research sections. However, each request shall require a separate research license application, application fees, and license fees.

(i) Any primary licensee may be approved by the department to cultivate, plant, or grow industrial hemp plants, plant parts, grain, or seeds on an acreage or square footage that is equal to or less than the acreage or square footage stated in the research license application. Industrial hemp plants, plant parts, grain, or seeds may be cultivated, planted, or grown on an acreage or square footage that is equal to or less than the approved acreage or square footage. Completion of a modification request form shall not be required if a primary licensee elects to cultivate, plant, or grow industrial hemp plants, plant parts, grain, or seeds on an acreage or square footage that is less than the acreage or square footage authorized in the license.

(j) Licensees shall use only approved varieties of industrial hemp when engaged in cultivating, planting, growing, handling, harvesting, conditioning, storing, distributing, transporting, or processing industrial hemp plants, plant parts, grain, or seeds, except that any primary licensee may request that the secretary approve varieties of industrial hemp pursuant to paragraph (e)(2).

(k) Each licensee growing seed for seed certification shall meet the requirements specified in the Kansas agricultural seed act, K.S.A. 2-1415 et seq. amendments thereto, and the implementing regulations.

(l)(1) Each licensee shall consent to the department's providing information to law enforcement, fire, and rescue agencies and the public regarding each research area. Additionally, each licensee shall consent to the department's providing information about any licensed research section or research area, including global positioning system coordinates, to representatives of the Kansas bureau of investigation, United States drug enforcement agency, and other law enforcement agencies if representatives of any of these agencies request the information.

(2) Each licensee shall consent to the department's providing appropriate law enforcement agencies in each county with copies of the licensee's license.

(m) Each research area shall be subject to inspection by the department. Each representative of the department shall have complete, unrestricted, and immediate access to all industrial hemp plants, plant parts, grain, and seeds, whether growing or not, including access to all land, buildings, facilities, motor vehicles, and other structures listed on the license issued by the department. Access shall be granted whether the licensee is present or not, at reasonable times, without interference or obstruction, with or without cause, and with or without advance notice. The right of access shall include the unrestricted right to inspect or take samples of any industrial hemp plants, plant parts, grain, or seeds present at the location being accessed, as well as the right to inspect any reports or records pertaining to the licensee's research.

(n) Each licensee shall permit the department to perform any inspections and to collect any samples of any industrial hemp plants, plant parts, grain, or seeds at any time.

(o) Each licensee shall submit all reports required by the department on or before the specified deadlines.

(p) Each primary licensee shall retain, for at least five years, all records created as a result of the primary licensee's participation in the pilot program unless otherwise ordered by the secretary. The records shall be made available for inspection by the department, the Kansas bureau of investigation, and any other law enforcement agencies upon request.

(q) Each licensee shall ensure that any individual applying pesticides to industrial hemp plants or plant parts complies with the Kansas pesticide act, K.S.A. 2-2438a et seq. amendments thereto, and the implementing regulations.

(r) Each licensee shall be solely responsible for that licensee's risk of financial or other loss as a result of participating in the pilot program.

(s) A licensee shall not allow industrial hemp plants, plant parts, grain, or seeds to be cultivated, planted, grown, handled, harvested, conditioned, stored, distributed, transported, or processed at any location other than the locations included on the license issued by the department.

(t)(1) Each licensee shall immediately notify the department of any interaction with law enforcement related to the licensee's participation in the pilot program, as well as any contact with law enforcement related to criminal charges or a criminal investigation involving any crime specified in K.S.A. 2018 Supp. 2-3902, and amendments thereto, or a violation of any law of another jurisdiction that is in substantial conformity with the offenses listed in that statute. The licensee shall provide a written follow-up summarizing the interaction and its outcome to the department within three calendar days of the interaction.

(2) Each primary licensee shall notify the department and appropriate law enforcement agencies of the theft of any industrial hemp plants, plant parts, grain, or seeds within three calendar days of the theft.

(u) A primary licensee shall not permit any individual to participate in the pilot program pursuant to the primary licensee's research license application if that individual's license was revoked by the department or that individual was denied admission to participate in the pilot program. Except when conducting educational activities, a licensee shall not allow access to any research area listed on the license, industrial hemp plants, plant parts, grain, or seeds by an individual whose license was revoked by the department or who was denied admission to participate in the pilot program.

(v) A primary licensee shall not rent or lease land, buildings, facilities, motor vehicles, or other structures that will be used to conduct research as part of the pilot program from any individual whose license was revoked by the department or who was denied admission to participate in the pilot program.

(w) Any licensee may host or engage in educational activities as authorized by the license issued by the department. Any licensee hosting or engaging in educational activities may allow members of the public access to each research area for the sole purpose of participating in educational activities. Any licensee may set up a public display booth showcasing the individual's research relating to industrial hemp plants, plant parts, grain, or seeds at trade shows, county fairs, or other similar events. Licensees shall not allow any members of the public to have physical contact with or possess any industrial hemp plants, plant parts, grain, or seeds and shall not transfer, distribute, trade, sell, give away, barter, or exchange for value any industrial hemp plants, plant parts, grain, or seeds to any member of the public.

(x) A licensee shall not conduct activities that involve industrial hemp plants, plant parts, grain, or seeds that are unrelated to the licensee's approved research proposal, license, or educational activities at any location listed on the license, including industrial hemp-related activities involving an industrial hemp maze.

(y) A licensee shall not distribute industrial hemp plants, plant parts, grain, or seeds at any location that is not identified on the license, including trade shows, county fairs, educational or other events, and any other address not listed on the license.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-6 Research grower license

(a) In addition to the requirements of K.A.R. 4-34-5, each individual who is issued a research grower license by the department shall meet the following requirements:

(1) Obtain industrial hemp plants or certified seeds from a licensed research distributor or from legally imported sources of industrial hemp;

(2) obtain and retain a copy of each seed label for all certified seed planted, cultivated, or grown;

(3) obtain and retain a copy of the following documents, if applicable:

(A) The research grower license of the primary licensee that cultivated, planted, grew, handled, harvested, conditioned, stored, distributed, or transported the industrial hemp plants or seeds being received;

(B) the research distributor license of the primary licensee that handled, conditioned, stored, distributed, or transported the industrial hemp plants or seeds being received; and

(C) the harvest certificate pertaining to the industrial hemp plants or seeds being received by the licensee or a bill of lading or other documentation identifying the source of the industrial hemp plants or seeds being received;

(4) ensure that industrial hemp plants, plant parts, grain, or seeds are not interplanted with any other crop in any research area;

(5) ensure that a copy of the harvest certificate pertaining to the industrial hemp plants, plant parts, grain, or seeds that were harvested or a bill of lading or other documentation identifying the source of the industrial hemp plants, plant parts, grain, or seeds accompanies the industrial hemp plants, plant parts, grain, or seeds being transported;

(6) ensure that industrial hemp plants, plant parts, grain, or seeds are not commingled with any other commodity or other items being transported; and

(7) survey and monitor any unlicensed growing areas, whether inactive or previously licensed as part of any research area, or never been licensed, including any ditches, fence lines, and other unmanaged land areas adjacent to the research areas, for volunteer plants and destroy any volunteer plants during the current license year and for at least three years after the last date of planting reported to the department.

(b) The primary licensee on each research grower license shall have a primary residence in Kansas.

(c) Any licensed research grower may cultivate, plant, grow, handle, harvest, condition, store, distribute, or transport industrial hemp plants, plant parts, grain, or seeds pursuant to the license issued by the department.

(d) A licensed research grower shall not handle, harvest, condition, store, distribute, transport, or process industrial hemp plants, plant parts, grain, or seeds cultivated, planted, or grown by another licensee without first obtaining any required license issued by the department.

(e) A licensed research grower shall not cultivate, plant, grow, handle, or harvest more than 80 acres in a licensed research section under one license in calendar year 2019 and shall not cultivate, plant, grow, handle, or harvest more than 320 acres in a licensed research section under one license in calendar year 2020. Each primary licensee on a research grower license who wants to cultivate, plant, grow, handle, or harvest more than the authorized acres in a licensed research section in any calendar year shall obtain an additional research grower license and pay all required application fees and license fees for the additional acreage.

(f) Each licensed research grower that cultivates, plants, grows, handles, harvests, conditions, stores, or transports industrial hemp plants or seeds that were obtained from outside Kansas shall maintain a bill of lading or other documentation that identifies the source of the industrial hemp plants or seeds to demonstrate that the industrial hemp plants or seeds were legally imported into Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-7 Research distributor license

(a) In addition to the requirements of K.A.R. 4-34-5, each individual who is issued a research distributor license by the department shall meet the following requirements:

(1) Obtain industrial hemp plants, plant parts, grain, or seeds from a licensed research grower, licensed research distributor, or licensed research processor or from legally imported sources of industrial hemp;

(2) obtain and retain a copy of the following documents, if applicable:

(B) the research distributor license of the primary licensee that handled, conditioned, stored, distributed, or transported the industrial hemp plants, plant parts, grain, or seeds being received;

(C) the research processor license of the primary licensee that handled or stored the industrial hemp plants, plant parts, or grain being received; and

(D) the harvest certificate pertaining to the industrial hemp plants, plant parts, grain, or seeds being received by the licensee or a bill of lading or other documentation identifying the source of the industrial hemp plants, plant parts, grain, or seed being received by the licensee;

(3) ensure that a copy of the harvest certificate pertaining to the industrial hemp plants, plant parts, grain, or seeds that were harvested or a bill of lading or other documentation identifying the source of the industrial hemp plants, plant parts, grain, or seeds accompanies the industrial hemp plants, plant parts, grain, or seeds being distributed or transported; and

(4) ensure that industrial hemp plants, plant parts, grain, or seeds are not commingled with any other commodity or other items being distributed or transported.

(b) The primary licensee on a research distributor license shall have a primary residence in Kansas.

(c) Any licensed research distributor may handle, condition, store, distribute, or transport industrial hemp plants, plant parts, grain, or seeds pursuant to the license issued by the department.

(d) A licensed research distributor shall not harvest or process industrial hemp plants, plant parts, grain, or seeds cultivated or grown by another licensee without first obtaining any required license issued by the department.

(e) Each individual exchanging, distributing, selling, or reselling certified seed in Kansas shall be licensed pursuant to the Kansas agricultural seed act, K.S.A. 2-1415 et seq. amendments thereto, and the implementing regulations.

(f) A licensed research distributor that handles, conditions, stores, distributes, or transports industrial hemp plants, plant parts, grain, or seeds that were obtained from outside Kansas shall maintain a bill of lading or other documentation that identifies the source of the industrial hemp plants, plant parts, grain, or seeds to demonstrate that the industrial hemp plants, plant parts, grain, or seeds were legally imported into Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-8 Research processor license

(a) In addition to the requirements of K.A.R. 4-34-5, each individual who is issued a research processor license by the department shall meet the following requirements:

(1) Obtain industrial hemp plants, plant parts, or grain from a licensed research grower or licensed research distributor or from legally imported sources of industrial hemp;

(2) devitalize any industrial hemp grain within 10 days of receipt and take appropriate security measures to ensure that the industrial hemp grain cannot be stolen before it is devitalized;

(3) obtain and retain a copy of the following documents, if applicable:

(B) the research distributor license of the primary licensee that handled, conditioned, stored, distributed, or transported the industrial hemp plants, plant parts, or grain being received; and

(C) the harvest certificate pertaining to the industrial hemp plants, plant parts, or grain being received by the licensee or a bill of lading or other documentation identifying the source of the industrial hemp plants, plant parts, or grain being received; and

(4) ensure that a copy of the harvest certificate pertaining to the industrial hemp plants, plant parts, or grain that was harvested or a bill of lading or other documentation identifying the source of the industrial hemp plants, plant parts, or grain accompanies the industrial hemp plants, plant parts, or grain being processed.

(b) Any licensed research processor may handle, store, or process industrial hemp plants, plant parts, or grain pursuant to the license issued by the department. A licensed research processor shall not handle, store, or process seeds.

(c)(1) The primary licensee on a research processor license who processes industrial hemp plants, plant parts, or grain into hemp products in a mobile processing facility shall meet the following requirements:

(A) Notify the department of the mobile processing facility's planned processing locations no more than five days in advance of the first day of processing in each location. The primary licensee shall immediately notify the department of any changes to a submitted schedule; and

(B) at all times, operate in compliance with all state, county, and local laws, regulations, and ordinances.

(2) The primary licensee shall be present at each mobile processing facility's planned processing locations at all times while each mobile processing facility is operating.

(d) A licensed research processor shall not cultivate, plant, grow, harvest, condition, distribute, or transport industrial hemp plants, plant parts, grain, or seeds cultivated, planted, or grown by another licensee without first obtaining any required license issued by the department.

(e) A licensed research processor that processes industrial hemp plants, plant parts, or grain that were obtained from outside Kansas shall maintain a bill of lading or other documentation demonstrating that the industrial hemp plants, plant parts, or grain was legally imported into Kansas.

(f) Possession of a current research processor license shall not guarantee a licensee access to the premises of any private landowner. Permission for a licensee to enter the premises of any landowner shall be established contractually or otherwise by agreement of the licensee and the landowner.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-9 State educational institution research license

(a) Each state educational institution wanting to allow individuals to conduct research pursuant to the pilot program shall authorize this participation and shall be directly responsible for any volunteer, student, employee, or research and extension employee conducting the research.

(b) Each volunteer, student, employee, or research and extension employee of a state educational institution that wants to conduct research pursuant to the pilot program shall submit a completed, accurate, and legible research license application for a state educational institution research license. Each research license application shall designate the individual wanting to be a primary licensee and list all proposed licensees. Each research license application shall include a research proposal and the required state and national criminal history record check.

No application fees or license fees shall be assessed to any individuals wanting a state educational institution research license. However, the costs associated with fingerprinting and the state and national criminal history record check shall be the responsibility of any individual wanting a state educational institution research license.

(c) Volunteers, students, employees, and research and extension employees of a state educational institution shall not apply for a license or conduct research without first obtaining written approval from the head of any applicable department stating that the individual wanting to be a primary licensee and the proposed licensees are part of a sanctioned state educational institution research proposal, which shall be submitted with the research license application. Each individual wanting to be the primary licensee on a state educational institution research license shall apply for and obtain that license before conducting research or having industrial hemp plants, plant parts, grain, or seeds at any location in Kansas.

(d) Each individual wanting to be the primary licensee on a state educational institution research license shall identify the following on the research license application:

(1) Each owner of all land, structures, and buildings where any proposed research will be conducted;

(2) each owner of any motor vehicle that will be used to distribute or transport industrial hemp plants, plant parts, grain, or seeds;

(3) each individual that will own 10 percent or more of the industrial hemp plants, plant parts, grain, or seeds being cultivated, planted, or grown;

(4) each individual that will otherwise be involved in the research proposal, including volunteers, students, employees, research and extension employees, and any other individuals that will be engaged in the purchasing, researching, cultivating, planting, growing, handling, harvesting, conditioning, storing, distributing, transporting, processing, studying, analyzing, or selling of industrial hemp plants, plant parts, grain, or seeds; and

(5) all individuals that will have access to any proposed research area.

(e) Any state educational institution licensee may cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process industrial hemp plants, plant parts, grain, or seeds pursuant to the license.

(f)(1) The requirements for research license applications specified in K.A.R. 4-34-4 (b) through (f) and the requirements for the state and national criminal history record check specified in K.A.R. 4-34-3 shall apply to state educational institution licensees. Each state educational institution licensee shall comply with the requirements of K.A.R. 4-34-5, the requirements for a research grower license pursuant to K.A.R. 4-34-6, the requirements for a research distributor license pursuant to K.A.R. 4-34-7, and the requirements for a research processor license pursuant to K.A.R. 4-34-8, except that a state educational institution licensee shall not be required to pay any application fees, license fees, modification fees, sampling fees, or testing fees.

(2) Any individual wanting to be primary licensee on a state educational institution license may include a location on the individual's research license application that has previously been approved by the department as a research area in the same license year.

(3) A state educational institutional licensee shall be prohibited from the following:

(A) Storing or distributing industrial hemp plants, plant parts, grain, or seeds cultivated or grown under another's license, except with the secretary's written permission; and

(B) operating a mobile processing facility.

(g) A state educational institution licensee shall not conduct research as part of the pilot program on any research area not owned by the state educational institution. A state educational institution licensee shall not enter into any agreement or otherwise subcontract with an individual or business entity to permit the licensee to conduct research on any land, structures, or buildings not owned by the state educational institution.

(h) A primary licensee on a state educational institution license shall not permit any individual to participate in the pilot program pursuant to the primary licensee's research license application or otherwise have access to the licensee's research area, industrial hemp plants, plant parts, grain, or seeds if that individual's license was revoked by the department or that individual was denied admission to participate in the pilot program.

(i) Any individual wanting to be a primary licensee on a state educational institution license may request that the department authorize the licensee to interplant industrial hemp plants, plant parts, grain, or seeds with other crops in a research area.

(j) Each state educational institution licensee that is no longer affiliated with the state educational institution shall notify the department and withdraw from the pilot program pursuant to K.A.R. 4-34-16.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 2-3902; implementing K.S.A. 2018 Supp. 2-3902 and 2-3903; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-10 Administrative license

(a) An administrative license may be issued to any individual specified in K.A.R. 4-34-1(b).

(b) Before being issued an administrative license, each individual shall be required to undergo and pass the state and national criminal history record check as specified in K.A.R. 4-34-3.

(c) Each administrative license shall identify the activities that the licensee is authorized to undertake, including handling, inspecting, sampling, testing, and transporting industrial hemp plants, plant parts, grain, or seeds.

(d) No application fee or license fee shall be assessed for any administrative license issued pursuant to this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 2-3902; implementing K.S.A. 2018 Supp. 2-3902 and 2-3903; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-11 State advisory board

(a) The board established by the secretary pursuant to K.S.A. 2018 Supp. 2-3902, and amendments thereto, shall be recognized as the state advisory board. Members shall be appointed by the secretary. The state advisory board shall consist of at least five and no more than nine members. Membership shall reflect the different geographic areas of the state equally, to the greatest extent possible. Members of the state advisory board shall receive no compensation for serving on the board, but may be paid subsistence allowances, mileage, and other expenses as provided in K.S.A. 75-3223, and amendments thereto. Each member appointed to the state advisory board shall be recognized for knowledge and leadership in at least one of the following sectors: crop research, industrial hemp production or processing, law enforcement, seed certification, or any other sector deemed relevant by the secretary. The secretary shall appoint one member from the Kansas legislature to the state advisory board.

(b) Of the members first appointed to the state advisory board, four members whose terms shall expire on June 30, 2021 shall be designated by the secretary. The remaining members' terms shall expire on June 30, 2023. After the expiration of the initial terms, each member shall be appointed by the secretary to serve for a term of four years until a successor is appointed. Each member shall be limited to serving a total of two full terms and shall hold office until the expiration of the term for which the member is appointed or until a successor has been qualified and appointed. A member may be appointed by the secretary to fill an unexpired term of any member due to a vacancy on the state advisory board.

(c) Before being qualified and appointed as a member of the state advisory board, each individual shall undergo and be required to pass the state and national criminal history record check as specified in K.A.R. 4-34-3. Upon determination that an individual is qualified, that individual may be appointed by the secretary as a member of the state advisory board and shall be issued an administrative license by the department. No application or license fees shall be assessed for an administrative license issued to a member of the state advisory board pursuant to this regulation.

(d) A quorum of the state advisory board shall be a majority of the members appointed to the state advisory board. A quorum of the state advisory board shall organize by election of a chairperson, vice-chairperson, and other officers as the state advisory board deems appropriate.

(e) In addition to the duties specified in K.S.A. 2018 Supp. 2-3902 and amendments thereto, the state advisory board shall perform other duties, which may include the review of regulations and recommendation of potential changes. The state advisory board shall make recommendations to the secretary only if the recommendations are approved by a majority vote of the state advisory board members.

(f) Any member of the state advisory board may be removed by the secretary for misconduct, incompetence, or neglect of duty.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 2-3902; implementing K.S.A. 2018 Supp. 2-3902 and 2-3903; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-12 Fees

(a) The application fee shall be $200 for each license sought, with the exception of state educational institution licenses and administrative licenses, for which no application fee shall be charged.

(b) Upon conditional approval of a research grower license, each individual wanting to be the primary licensee shall pay a license fee of $1,000.

(c) Upon conditional approval of a research distributor license, each individual wanting to be the primary licensee shall pay a license fee of $2,000 for each licensed research section approved by the department.

(d)(1) Upon conditional approval of a research processor license for processing fiber or grain, each individual wanting to be the primary licensee shall pay a license fee of $3,000 for each processing facility in a licensed research section and for each mobile processing facility.

(2) Upon conditional approval of a research processor license for processing floral material, each individual wanting to be the primary licensee shall pay a license fee of $6,000 for each processing facility in a licensed research section and for each mobile processing facility.

(e) Each license fee shall include the cost for the department's initial sample collection and initial laboratory test. Each primary licensee shall pay a subsequent sampling fee of $45 per hour, plus transportation time and mileage for representatives of the department, for each of the following:

(1) The department collects a subsequent sample.

(2) The primary licensee requests that the department collect a subsequent pre-harvest sample.

(3) The primary licensee requests that the department collect a subsequent post-harvest sample.

(4) More than one harvest occurs in the same research area in a license year.

(f) Each primary licensee shall pay a testing fee of $250 for every laboratory test determining the delta-9 tetrahydrocannabinol concentration for each of the following:

(1) The department collects a subsequent sample.

(2) The primary licensee requests that the department collect a subsequent pre-harvest sample.

(3) The primary licensee requests that the department collect a subsequent post-harvest sample.

(4) The department collects more than one sample because more than one harvest occurs in the same research area in a license year.

(g) Each primary licensee shall pay a modification fee of $750 for each requested change to a license that was previously issued by the department.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 2-3902; implementing K.S.A. 2018 Supp. 2-3902 and 2-3903; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-13 Modification of license

(a) Each primary licensee who wants to modify that individual's license or the license of any individual listed on the research license application shall submit a modification request form and the required fee, except as specified in paragraph (d)(2), to the department.

(b) Each licensee shall comply with the requirements of the original license, unless the department modifies the license in writing.

(c) Any primary licensee may request multiple license modifications by submitting one modification request form, but separate fees shall be required for each requested change.

(d)(1) If a primary licensee dies, any licensee who was listed on the research license application and was issued a license may request that the department modify the license to name the requesting individual as the primary licensee. This request may be granted by the department if the requesting individual performs the following:

(A) Notifies the department of the primary licensee's death within 15 business days;

(B) submits a license modification request form to the department within 45 days of the primary licensee's death;

(C) submits a copy of the primary licensee's death certificate to the department within 45 days of that individual's death; and

(D) meets the requirements in K.A.R. 4-34-5 and, if applicable, the requirements of K.A.R. 4-34-6, K.A.R. 4-34-7, K.A.R. 4-34-8, and K.A.R. 4-34-9.

(2) A modification fee to name the requesting individual as the new primary licensee shall not be charged by the department, except for modification requests received more than 45 days after the death of the primary licensee, which shall require a modification request form and modification fee unless the department extends the 45-day time period in writing.

If any other modification request is included, that modification request shall be subject to the modification fee specified in K.A.R. 4-34-12.

(e) A license modification shall be approved by the secretary if the request is appropriate and consistent with the licensee's approved research proposal and meets the requirements of this regulation. If the secretary denies the requested modification, no refund of the modification fee shall be provided, and the licensee shall comply with the terms and conditions of the existing license.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 2-3902; implementing K.S.A. 2018 Supp. 2-3902 and 2-3903; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-14 Land-use restrictions

(a) A licensee shall not cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process any plants, plant parts, grain, or seeds of the genus cannabis that are not industrial hemp.

(b) A licensee shall not cultivate, plant, grow, handle, harvest, condition, store, distribute, or process industrial hemp plants, plant parts, grain, or seeds at any location not included on the licensee's license.

(c)(1) A licensee shall not cultivate, plant, grow, handle, harvest, condition, store, distribute, or process industrial hemp plants, plant parts, grain, or seeds as follows, except with the secretary's written permission:

(A) In or within 50 feet of a residential structure; or

(B) within one-quarter mile of any public or private K-12 school or public recreational area.

(2) For licensed research sections consisting of any outdoor locations, one-quarter mile shall be calculated from any field boundary of any research area, and for licensed research sections consisting of any indoor locations or a greenhouse, one-quarter mile shall be calculated from any exterior wall.

(d) A licensee shall not interplant, cultivate, plant, or grow any crop other than industrial hemp plants, plant parts, grain, or seeds in any research area, except that any state educational institution licensee may do so upon authorization by the secretary. A licensee shall not cultivate, plant, grow, harvest, or condition more than one approved variety of industrial hemp in a research area without the secretary's written approval.

(e) A licensee shall not cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process industrial hemp plants, plant parts, grain, or seeds on property owned by any individual whose license was revoked by the department or who was denied admission to participate in the pilot program.

(f) Each primary licensee shall post and maintain at least one sign at each research area listed on the license. A sign shall be posted along each research area boundary adjacent to a public road, except that if the research area is adjacent to an intersection of two or more public roads, a sign shall be posted at the intersection. If a research area is not adjacent to any public road, a sign shall be posted at the point of access to the research area. Each sign shall measure at least 36 inches per side, shall be clearly visible and legible from the adjacent public road, intersection of public roads or access point, and shall include the following information:

(1) The following text: "Kansas Department of Agriculture Industrial Hemp Research Program";

(2) the primary licensee's name;

(3) the primary licensee's license number; and

(4) the department's telephone number.

(g) Each licensee shall allow the department to inspect unlicensed growing areas for volunteer plants. The primary licensee or a licensee listed on the primary licensee's research license application shall destroy any volunteer plants for at least three years after the last reported date of planting.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-15 Movement of industrial hemp; restrictions on sale or transfer of industrial hemp; compliance with applicable law

(a) The movement of all industrial hemp plants, plant parts, grain, or seeds into, out of, or within Kansas shall be at the licensee's expense and risk.

(b) A licensee shall not sell or transfer industrial hemp plants, plant parts, grain, or seeds to any individual or business entity outside Kansas who is not authorized by an institution of higher education or a state department of agriculture under 7 U.S.C. 5940, as amended, and the laws of that state. A licensee shall not purchase or receive industrial hemp plants, plant parts, grain, or seeds from an individual or business entity or permit any transfer of industrial hemp plants, plant parts, grain, or seeds to or from any individual or business entity outside Kansas who is not authorized by an institution of higher education or a state department of agriculture under 7 U.S.C. 5940, as amended, and the laws of that state. Each licensee shall ensure that any sale or transfer of industrial hemp plants, plant parts, grain, or seeds is lawful in the state in which the transaction is undertaken.

(c) Each licensee shall comply with all local, state, and federal laws and regulations related to industrial hemp and with the act and the implementing regulations.

(d) Each licensee shall be responsible for any loss or obligation that the licensee incurs as a result of the licensee's involvement in the pilot program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-16 Voluntary withdrawal; voluntary partial destruction

(a) Any licensee may voluntarily withdraw from the pilot program after providing the department with written notice of the intent to do so. Notice shall be provided at least 30 days before the intended withdrawal date, except with prior written approval from the department. If a licensee listed on a primary licensee's research license application withdraws from the pilot program, the primary licensee shall modify each license as specified in K.A.R. 4-34-13.

(b) If a primary licensee voluntarily withdraws from the pilot program, all industrial hemp plants, plant parts, grain, or seeds being cultivated, planted, grown, handled, harvested, conditioned, stored, distributed, transported, or processed pursuant to the licensee's license shall be destroyed and all licenses issued pursuant to the research license application shall be surrendered. Each primary licensee who voluntarily withdraws from the pilot program shall provide the department at least 15 days' notice of the date and time the primary licensee intends to destroy the industrial hemp plants, plant parts, grain, or seeds pursuant to that individual's license and shall notify the department of any change in the destruction date or time.

(c) If a primary licensee notifies the department of the intent to withdraw from the pilot program but fails to destroy all industrial hemp plants, plant parts, grain, or seeds being cultivated, planted, grown, handled, harvested, conditioned, stored, distributed, transported, or processed pursuant to that individual's license within 15 days of the intended destruction date, the license of the primary licensee and each license issued pursuant to the research license application may be revoked and all industrial hemp plants, plant parts, grain, or seeds being cultivated, planted, grown, handled, harvested, conditioned, stored, distributed, transported, or processed as part of the primary licensee's research shall be destroyed at the primary licensee's expense.

(d) Any primary licensee conducting research pursuant to a research grower license may voluntarily destroy any industrial hemp plants being cultivated, planted, or grown in a portion of any research area without withdrawing from the pilot program. Each primary licensee conducting research pursuant to a research grower license who intends to destroy the industrial hemp plants being cultivated, planted, or grown in any research area listed on that individual's license shall provide the department at least 15 days' notice of the date and time of destruction and shall notify the department of any change in the destruction date or time.

(e) Each primary licensee that has been issued a failing report of analysis shall comply with the destruction requirements in K.A.R. 4-34-18 and K.A.R. 4-34-19, as applicable.

(f) Representatives of the department or law enforcement may be present during any destruction of industrial hemp plants, plant parts, grain, or seeds, or proof of the destruction may be required by the department.

(g) Each primary licensee who destroys any industrial hemp plants being cultivated, planted, grown, handled, harvested, conditioned, stored, distributed, transported, or processed pursuant to that individual's license shall, within 15 days after the destruction, notify the department in writing of the number of acres of industrial hemp plants, plant parts, grain, or seeds that were planted in each research area and the number of acres destroyed in each research area.

(h) Upon destruction of any industrial hemp plants, plant parts, grain, or seeds, all volunteer plants shall also be destroyed during the current license year and for at least three years after the last date of planting reported to the department.

(i) Voluntary destruction of industrial hemp plants, plant parts, grain, or seeds shall be performed by a licensee listed on the research license application of the primary licensee and shall be at the primary licensee's expense. If the destruction of industrial hemp plants, plant parts, grain, or seeds occurs, the licensee shall not be eligible for a refund of any fees paid by a primary licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-17 Pre-harvest and harvest requirements; harvest certificates

(a) Each primary licensee shall notify the department of every intended harvest date in a pre-harvest report at least 30 days before each intended harvest date. Each primary licensee shall immediately notify the department regarding a change to any date previously reported to the department if the change to the harvest date is five or more days. Additional sampling and testing may be required by the department as a result of any change to the harvest date of five or more days.

(b) If two or more harvests will be conducted from the same research area within a license year, the primary licensee shall notify the department of each intended harvest date at least 30 days before each intended harvest date. The primary licensee shall pay a subsequent sampling fee and testing fee for each harvest conducted after the initial harvest of a research area.

(c) No more than 15 days before any industrial hemp plants, plant parts, grain, or seeds are cut, picked, collected, or otherwise harvested, each licensee shall allow a sample to be collected by the department for testing as specified in K.A.R. 4-34-18. The initial pre-harvest sample shall not require an additional sampling fee or testing fee.

(d) Before harvesting any industrial hemp plants, plant parts, grain, or seeds, the licensee shall be required to receive a passing report of analysis from the department. After issuance of a passing report of analysis from the department, the licensee shall have 10 days to fully harvest the industrial hemp plants, plant parts, grain, or seeds, unless otherwise authorized in writing by the secretary.

(e) If a licensee fails to fully harvest the industrial hemp plants, plant parts, grain, or seeds within 10 days after issuance of the passing report of analysis, the primary licensee shall perform one of the following:

(1) Notify the department within seven days after the expiration of the 10-day harvest period of the intended second harvest date, request that the department collect a subsequent pre-harvest sample, and pay the required sampling and testing fees; or

(2) notify the department within seven days after the expiration of the 10-day harvest period of the intended date by which the licensee shall destroy the industrial hemp plants, plant parts, grain, or seeds. The primary licensee shall notify the department of any change in the destruction date.

Destruction of industrial hemp plants, plant parts, grain, or seeds shall occur by an individual listed on the primary licensee's research license application and at the primary licensee's expense. All volunteer plants shall be destroyed during the current license year and for at least three years after the last reported date of planting. If destruction of industrial hemp plants, plant parts, grain, or seeds occurs, no refund shall be issued for any fees paid by a primary licensee.

(f) No more than five days after the harvest of industrial hemp plants, plant parts, grain, or seeds is completed, the primary licensee shall notify the department that the harvest has been completed and request issuance of a harvest certificate. A harvest certificate shall not be issued by the department until the following information is provided for inclusion in the harvest certificate:

(1) The official name of the industrial hemp variety that was cultivated, planted, or grown;

(2) each date on which the licensee harvested the industrial hemp plants, plant parts, grain, or seeds;

(3) the global positioning system coordinates for each research area where the industrial hemp plants, plant parts, grain, or seeds were harvested; and

(4) a statement of intended end-use for all industrial hemp plants, plant parts, grain, or seeds that were harvested.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-18 Pre-harvest inspection; sample collection; testing and post-testing actions

(a) A licensee, whether present or not, shall permit representatives of the department complete, unrestricted, and immediate access to all industrial hemp plants, plant parts, grain, and seeds and all locations, buildings, and motor vehicles listed on the license. Access shall be granted at reasonable times, without interference or obstruction, with or without cause, and with or without advance notice.

(b) Any primary licensee may request collection of a sample from each research area listed on the license. Each sample collected shall be subject to the sampling and testing fees required by K.A.R. 4-34-12.

(2) A sample containing a delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a dry-weight basis shall result in the issuance of a failing report of analysis and shall list each research area from which the sample was taken.

(A) Within seven days of issuance of a failing report of analysis, the primary licensee may request that the department either collect a subsequent pre-harvest sample or destroy all plants, plant parts, grain, or seeds located in each research area sampled and identified on the failing report of analysis.

(B) A subsequent pre-harvest sample requested by the primary licensee and found to contain a delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a dry-weight basis shall result in the issuance of a failing report of analysis. Within seven days of issuance of the failing report of analysis, a licensee listed on the primary licensee's research license application shall destroy all plants, plant parts, grain, or seeds that are located in each research area that was sampled and identified in the failing report of analysis.

(C) If any sample is found to contain a delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a dry-weight basis, the testing results and the location of each sampled research area may be referred to the Kansas bureau of investigation and other appropriate law enforcement agencies for further investigation.

(D) If any sample is found to contain a delta-9 tetrahydrocannabinol concentration of 2.0 percent or higher on a dry-weight basis, the testing results and the location of each sampled research area shall be referred to the Kansas bureau of investigation and other appropriate law enforcement agencies for further investigation.

(d) Destruction of industrial hemp plants, plant parts, grain, or seeds shall occur by a licensee listed on the primary licensee's research license application and at the primary licensee's expense. All volunteer plants shall be destroyed during the current license year and for at least three years after the last reported date of planting. Each licensee shall allow representatives of the department or law enforcement to be present during the destruction of industrial hemp plants, plant parts, grain, or seeds, or proof of destruction may be required by the department. If the destruction of industrial hemp plants, plant parts, grain, or seeds is required, the primary licensee shall not be eligible for a refund of any fees paid.

(e) All samples collected by the department shall become the property of the department, and no compensation shall be owed to the licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-19 Post-harvest inspection; sample collection; testing and post-testing actions

(a) Each licensee shall allow the department to inspect and sample industrial hemp plants, plant parts, grain, or seeds any time after the industrial hemp plants, plant parts, grain, or seeds have been harvested. The initial post-harvest sample shall not require an additional sampling fee or testing fee.

(b) A licensee, whether present or not, shall permit representatives of the department complete, unrestricted, and immediate access to all industrial hemp plants, plant parts, grain, and seeds and all locations, buildings, and motor vehicles listed on the license. Access shall be granted at reasonable times, without interference or obstruction, with or without cause, and with or without advance notice.

(c) Any primary licensee may request collection of a sample from each research area listed on the license. Each sample collected shall be subject to the sampling and testing fees required by K.A.R. 4-34-12.

(d) Based on the results of the testing, one of the following shall apply:

(1) A sample containing a delta-9 tetrahydrocannabinol concentration of 0.3 percent or less on a dry-weight basis shall result in the issuance of a passing report of analysis and shall list each research area from which the sample was taken. Each passing report of analysis shall identify the harvest certificate or bill of lading that accompanied the industrial hemp plants, plant parts, grain, or seeds sampled.

(A) Within seven days of issuance of a failing report of analysis, the primary licensee may request that the department either collect a subsequent post-harvest sample or destroy all plants, plant parts, grain, or seeds located in each research area that was sampled and identified on the failing report of analysis.

(B) A subsequent post-harvest sample requested by the primary licensee and found to contain a delta-9 tetrahydrocannabinol concentration of higher than 0.3 percent on a dry-weight basis shall result in the issuance of a failing report of analysis. Within seven days of issuance of the failing report of analysis, a licensee listed on the primary licensee's research license application licensee shall destroy all plants, plant parts, grain, or seeds that are located in each research area that was sampled and identified in the failing report of analysis.

(e) After the collection of a sample, no licensee shall handle, condition, distribute, transport, or process the sampled industrial hemp plants, plant parts, grain, or seeds until the primary licensee is issued a passing report of analysis. The sampled industrial hemp plants, plant parts, grain, or seeds shall not be processed, exchanged for value, or otherwise allowed to come into the possession of anyone other than a licensee listed on the primary licensee's research license application until a passing report of analysis is issued.

(f) Destruction of industrial hemp plants, plant parts, grain, or seeds shall occur by a licensee listed on the primary licensee's research license application at the primary licensee's expense. All volunteer plants shall be destroyed during the current license year and for at least three years after the last reported date of planting. Each licensee shall allow representatives of the department or law enforcement to be present during the destruction of industrial hemp plants, plant parts, grain, or seeds, or proof of the destruction may be required by the department. If the destruction of industrial hemp plants, plant parts, grain, or seeds occurs, the primary licensee shall not be eligible for a refund of any fees paid.

(g) All samples collected by the department shall become the property of the department, and no compensation shall be owed to the licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-20 Reports

(a) Each report required by the department shall be submitted on a form provided by the department. Each licensee shall submit the complete, accurate, and legible reports on or before the date required.

(b) A primary licensee on a research grower license shall submit a field planting report to the department within 15 days after every planting, including replanting seeds or propagules or establishing plants. Each field planting report shall identify the following for each research area:

(1) The official name of the industrial hemp variety that was cultivated, planted, or grown;

(2) the global positioning system coordinates for each research area where industrial hemp plants, plant parts, grain, or seeds are being cultivated, planted, or grown; and

(3) a statement of intended end-use for all industrial hemp plants, plant parts, grain, or seeds being cultivated, planted, or grown in each research area.

(c) Each primary licensee on a research grower license shall submit a voluntary withdrawal report if either of the following conditions is met:

(1) Industrial hemp plants, plant parts, grain, or seeds are not cultivated, planted, or grown in a research area. The report shall be due no later than June 1.

(2) Industrial hemp plants being grown in a portion of any research area are voluntarily destroyed as specified in K.A.R. 4-34-16. The report shall be due no later than 15 days after the industrial hemp plants are destroyed.

(d) Each primary licensee on a research grower license shall submit a pre-harvest report to the department at least 30 days before every intended harvest date, for each licensed research section. The pre-harvest report shall include the following:

(1) The number of acres planted in each research area;

(2) the intended harvest date for each research area; and

(3) a statement of intended end-use for all industrial hemp plants, plant parts, grain, or seeds that will be harvested from each research area.

(e) Each primary licensee on a research grower license shall submit a production report to the department within 30 days after the last harvest date for every harvest. Each production report shall include the following, at a minimum:

(1) The amount of industrial hemp plants, plant parts, grain, or seeds harvested from each research area, which shall be provided as follows:

(A) If the industrial hemp crop was cultivated, planted, or grown for the production of fiber, the number of bales and the size and shape of the bales;

(B) if the industrial hemp crop was cultivated, planted, or grown for the production of grain or seed, the quantity by weight;

(C) if the industrial hemp crop was cultivated, planted, or grown for the production of floral material, the quantity by weight; and

(D) if the industrial hemp crop was cultivated, planted, or grown for the production of more than one end-use, the information for each end-use as required by this regulation;

(2) the name, address, and, if applicable, the license number of the primary licensee on the research distributor license or an out-of-state individual or business entity that is authorized by an institution of higher education or a state department of agriculture under 7 U.S.C. 5940, as amended, and the laws of the state that transported any industrial hemp plants, plant parts, grain, or seeds that were harvested; and

(3) the name, address, and, if applicable, the license number of the primary licensee on the research processor license or an out-of-state individual or business entity that is authorized by an institution of higher education or a state department of agriculture under 7 U.S.C. 5940, as amended, and the laws of the state that received the industrial hemp plants, plant parts, or grain for processing.

(f) Each primary licensee on a research distributor license shall annually submit a completed distribution report to the department no later than November 30. Each distribution report shall include the following, at a minimum:

(1) The amount of industrial hemp plants, plant parts, grain, or seeds distributed in each load, which shall be provided as follows:

(A) If the industrial hemp crop was cultivated, planted, or grown for the production of fiber and was distributed, the number of bales and the size and shape of the bales;

(B) if the industrial hemp crop was cultivated, planted, or grown for the production of grain or seed and was distributed, the quantity by weight;

(C) if the industrial hemp crop was cultivated, planted, or grown for the production of floral material and was distributed, the quantity by weight; and

(D) if the industrial hemp crop was cultivated, planted, or grown for the production of more than one end-use and was distributed, the information for each end-use as required by this regulation;

(2) the name, address, and, if applicable, the license number of the primary licensee on the research grower license or an out-of-state individual or business entity that is authorized by an institution of higher education or a state department of agriculture under 7 U.S.C. 5940, as amended, and the laws of the state that cultivated, planted, grew, handled, harvested, conditioned, stored, distributed, or transported any industrial hemp plants, plant parts, grain, or seeds that the licensee distributed or transported;

(3) the name, address, and, if applicable, the license number of the primary licensee on the research processor license or an out-of-state individual or business entity that is authorized by an institution of higher education or a state department of agriculture under 7 U.S.C. 5940, as amended, and the laws of the state that processed each load of industrial hemp plants, plant parts, or grain that the licensee distributed or transported; and

(4) the amount of industrial hemp plants, plant parts, grain, or seeds that was sold during the current license year.

(g) Each primary licensee on a research processor license shall annually submit a completed processing report no later than November 30. Each processing report shall include the following, at a minimum:

(1) The amount of industrial hemp plants, plant parts, or grain processed by the licensee, which shall be provided as follows:

(A) If the industrial hemp crop was cultivated, planted, or grown for the production of fiber and was processed, the number of bales and the size and shape of the bales;

(B) if the industrial hemp crop was cultivated, planted, or grown for the production of grain or seed and was processed, the quantity by weight;

(C) if the industrial hemp crop was cultivated, planted, or grown for the production of floral material and was processed, the quantity by weight; and

(D) if the industrial hemp crop was cultivated, planted, or grown for the production of more than one end-use and was processed, the information for each end-use as required by this regulation;

(3) the name, address, and, if applicable, the license number of the primary licensee on the research distributor license or an out-of-state individual or business entity that is authorized by an institution of higher education or a state department of agriculture under 7 U.S.C. 5940, as amended, and the laws of the state that distributed or transported any of industrial hemp plants, plant parts, or grain that the licensee processed.

(h) On and after January 1, 2019, each primary licensee shall prepare and submit a research report to the department no later than November 30 each year. Each research report shall include the following, at a minimum:

(1) A summary of the research conducted;

(2) a description of the methods and materials used in conducting the research;

(3) the results of the research; and

(4) an analysis of the results.

(i) All research conducted and all reports submitted to the department as part of the pilot program shall become the property of the department, and no compensation shall be due from the department to any licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-21 Violations; disciplinary sanctions

(a) Each of the following acts and omissions shall constitute a violation for which disciplinary sanctions, including revocation of any license and denial of future applications, may be imposed by the department:

(1) Failure to cooperate with the department and law enforcement agencies in administration and enforcement of the act, and amendments thereto, and the implementing regulations;

(2) failure to provide any information relating to the administration of the pilot program that the department requests;

(3) providing false, misleading, or incorrect information relating to the licensee's participation in the pilot program to the department;

(4) failure to submit any forms or reports as required;

(5) cultivating, planting, growing, or otherwise possessing plants of the genus cannabis with a delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a dry-weight basis;

(6) failure to pay any fees assessed by the department;

(7) submitting a pre-harvest report or destruction report and harvesting or destroying industrial hemp plants, plant parts, grain, or seeds before sampling by the department;

(8) harvesting any industrial hemp plants, plant parts, grain, seeds without being issued a passing report of analysis;

(9) failure to destroy any industrial hemp plants, plant parts, grain, seeds, volunteer plants, or plants of the genus cannabis with a delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a dry-weight basis as required by this article of the department's regulations;

(10) harvesting any industrial hemp plants, plant parts, grain, or seeds after being issued a failing report of analysis; and

(11) any other violation of the act, and amendments thereto, or the implementing regulations.

(b) If a licensee cultivates, plants, grows, handles, harvests, conditions, stores, distributes, transports, or processes any industrial hemp plants, plant parts, grain, or seeds as part of the pilot program at any location not listed on the license, the industrial hemp plants, plant parts, grain, or seeds at that location shall be destroyed by any licensee that received a license issued pursuant to the primary licensee's research license application. The destruction shall be at the primary licensee's expense, and any license may be revoked.

(c)(1) Each licensee whose license is revoked shall destroy any industrial hemp plants, plant parts, grain, or seeds in that individual's possession at that individual's own expense, no more than 15 business days after the department directs the individual to do so. The licensee shall not be eligible to reapply or otherwise participate in the pilot program for at least five years from the date of revocation. If a primary licensee's research license is revoked, all industrial hemp plants, plant parts, grain, or seeds that are subject to the primary licensee's license shall be destroyed by a licensee listed on the research license application and at the primary licensee's expense.

(2) Each licensee that will destroy industrial hemp plants, plant parts, grain, or seeds pursuant to paragraph (c)(1) shall notify the department of the date and time of destruction within five days of issuance of the notification that destruction is required. Each licensee shall notify the department of any change in the destruction date or time. Additional sampling and testing may be required by the department for a change of five or more days. Representatives of the department or law enforcement may be present during the destruction, or proof of the destruction may be required by the department.

(3) All volunteer plants shall be destroyed during the current license year and for at least three years after the last reported date of planting.

(4) No refund shall be issued for any fees paid by the primary licensee.

(d) If a licensee violates any provision of the act, and amendments thereto, or the implementing regulations, any license may be revoked, in whole or in part, by the secretary, as deemed appropriate.

(e) Any prior violations of the act, and amendments thereto, the implementing regulations or previous revocations of a license may be considered when reviewing new research license applications.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 2-3902; effective Feb. 8, 2019.)

Kan. Admin. Regs. § 4-34-22 License required to cultivate or produce industrial hemp for commercial purposes

(a) K.A.R. 4-34-22 through 4-34-30 shall apply only to the commercial production of industrial hemp pursuant to K.S.A. 2-3901 et seq., and amendments thereto, and, unless otherwise stated, shall not apply to research conducted as part of the pilot program pursuant to K.S.A. 2-3902, and amendments thereto, and regulated by K.A.R. 4-34-2 through 4-34-21.

(b) No individual may cultivate or produce industrial hemp for commercial purposes without a license issued by the secretary. A license shall not be required for employees, agents, contractors, or volunteers of a licensee.

(d) Each individual who applies for a license to cultivate or produce industrial hemp shall be required to submit to a fingerprint-based state and national criminal history record check to verify that the individual has not been convicted of a felony violation of K.S.A. 2019 Supp. 21-5701 et seq., and amendments thereto, or a substantially similar offense in another jurisdiction, within the 10 years immediately preceding submission of that individual's application.

(e)(1) Each individual submitting a license application shall submit the application on a form provided by the secretary, which shall include the following:

(A) The individual's full legal name and date of birth;

(B) the individual's current mailing address, telephone number, and electronic-mail address;

(C) the legal description and global positioning system coordinates of the entrance to the proposed licensed growing area and the entrance to each lot that will be used to cultivate or produce industrial hemp and a map of the proposed licensed growing area and each lot;

(D) the total number of acres or square feet that will be used to cultivate or produce industrial hemp;

(E) the number of acres or square feet that will be used to cultivate or produce industrial hemp in each lot;

(F) the variety of industrial hemp to be cultivated or produced in each lot;

(G) a completed fingerprint card for submission to the Kansas bureau of investigation; and

(H) any other relevant information requested by the secretary.

(2) Each individual submitting a license application shall include with the application a $100 application fee and the fee established by the Kansas bureau of investigation for performing a state and national criminal history record check. A single criminal history record check conducted in accordance with the act may be used to satisfy the act's criminal history record check requirement for multiple licenses in a single license year.

(f) All license applications shall be submitted no later than March 15 of each year in which an applicant intends to grow industrial hemp. Any individual who submits a license application after March 15, 2020 may be granted a license if good cause is shown and the secretary determines that granting the license is necessary to assist with the transition from the pilot program to the commercial industrial hemp program during 2020.

(g) Each license shall allow the cultivation and production of industrial hemp within one licensed growing area.

(h) Upon approval of a license application by the secretary, the applicant shall submit a license fee of $1,200 to the secretary within 15 days of notice of the approval.

(i) All licenses shall expire annually on December 31.

(j) In addition to providing the department with the information required by this regulation, each individual who is issued a license shall report the following directly to the United States department of agriculture farm service agency for each license:

(1) The street address and, to the extent practicable, the global positioning system coordinates for each growing area and for each lot or greenhouse where industrial hemp will be produced;

(2) the number of acres that will be used to cultivate or produce industrial hemp;

(3) the assigned license number; and

(4) any other information required by the United States department of agriculture.

(k) Acceptance of a license shall constitute a grant of authority by each licensee allowing the secretary to supply information to the United States department of agriculture and post information on the department's web site, including the industrial hemp producer license number, the full legal name of the licensee, the licensee's contact information, descriptions of all locations identified for cultivating or producing industrial hemp, and any information related to modifications to ensure that the information remains accurate.

(l) Each licensee shall be held responsible for any plant cultivated or produced in violation of the act and for the actions of all employees, agents, contractors, and volunteers engaged in the cultivation or production of industrial hemp under the supervision or direction of, or otherwise in conjunction with, the licensee. Each licensee shall be subject to the same disciplinary actions for a violation of the act committed by any employee, agent, contractor, or volunteer of that licensee as if the licensee had committed the violation.

(m) Each licensee requesting a license modification after issuance of a license shall submit the modification request to the secretary on a form provided by the secretary. Each modification request form shall be accompanied by a $50 fee. Upon the secretary's review and approval of the modification request, a modified license shall be issued and may include any additional terms and conditions that the secretary deems necessary to implement the requested modification and to protect the public health, safety, and welfare. If the secretary denies the modification request, the licensee shall remain subject to the terms of the original license.

(n) Each license shall be nontransferable, unless the secretary determines that a transfer is necessary because the licensee dies or becomes disabled or because an individual who is an employee or agent of a bank, financial institution, or other creditor that has a legal right to take possession of industrial hemp for the purposes of settling a debt is required to obtain a license to do so. A license that is transferable may be transferred to the individual requesting the transfer upon that individual's submission of a modification request, a $50 modification fee, the fee established by the Kansas bureau of investigation for performing a state and national criminal history record check, and satisfactory completion of a fingerprint-based state and national criminal history record check. A modification request shall be submitted within 60 days of the licensee's death or within 60 days of the date that the right of the bank, financial institution, or other creditor to take possession of the industrial hemp arises. If a modification request is not submitted within the time frame required by this regulation, all industrial hemp being cultivated or produced pursuant to the license shall be subject to an order to be destroyed. The individual applying for the transfer shall assume the full liability for all of the previous licensee's actions related to the cultivation or production of hemp.

(o) Each individual who materially falsifies any information in a license application or modification request shall be ineligible to receive a license to cultivate or produce industrial hemp pursuant to the act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2019 Supp. 2-3906; implementing K.S.A. 2019 Supp. 2-3903 and 2-3906; effective Jan. 8, 2021.)

Kan. Admin. Regs. § 4-34-23 Planting and pre-harvest requirements

(a) All industrial hemp cultivated or produced shall have originated from authorized seed or clone plants.

(b) Each licensee shall maintain written certification for all authorized seed or clone plants cultivated or produced, which shall consist of either of the following:

(1) A certificate of analysis, or a similar document, stating that the source of the authorized seed or clone plants was cultivated or produced with a delta-9 tetrahydrocannabinol concentration less than 0.3 percent on a dry-weight basis during the most recent growing season; or

(2) documentation that the authorized seed or clone plants are certified pursuant to K.S.A. 2-1415 et seq., and amendments thereto.

(c) All industrial hemp seed shall be considered agricultural seed. Before selling agricultural seed in Kansas, each individual shall obtain a license pursuant to K.S.A. 2-1415 et seq., and amendments thereto.

(d) Each licensee shall submit a planting report to the department within 15 days after each planting, including replanting seeds or propagules or establishing plants. Each planting report shall identify the following:

(1) The official name of the industrial hemp variety that was cultivated or produced in each lot;

(2) the global positioning system coordinates for the licensed growing area and each lot where industrial hemp plants, plant parts, grain, or seeds are being cultivated or produced;

(3) the total number of acres planted in the licensed growing area;

(4) the number of acres planted in each lot; and

(5) a statement of the intended end-use for all industrial hemp plants, plant parts, grain, or seeds being cultivated or produced.

(e) Before harvesting industrial hemp, each licensee shall provide the secretary at least 30 days' notice of the intended harvest date on a form provided by the secretary and, if the harvest does not begin on that date, shall provide an updated notice of the anticipated harvest date before harvesting any industrial hemp. Failure to provide notice of the harvest may result in the revocation of an existing hemp producer license and the denial of future hemp producer licenses. Each pre-harvest report shall identify the following:

(1) The global positioning system coordinates of the entrance to the licensed growing area and each lot where industrial hemp plants are intended for harvest;

(2) the total number of acres planted in the licensed growing area subject to harvest;

(3) the number of acres planted in each lot subject to harvest;

(4) the planting date for each lot;

(5) the total number of acres intended for harvest in the licensed growing area, if different from the number of acres intended for harvest in the lot;

(6) the number of acres intended for harvest in each lot;

(7) the intended harvest date for each lot;

(8) the official name of the industrial hemp variety that is intended for harvest from each lot; and

(9) a statement of the intended end-use for all industrial hemp plants, plant parts, grain, or seeds that will be harvested from each lot.

(f) If two or more harvests will be conducted within a licensed growing area or lot within a license year, the licensee shall notify the department of each intended harvest date at least 30 days before the intended harvest date. The primary licensee shall pay the subsequent sampling fees and testing fees for each harvest conducted after the initial harvest of a lot.

(g) Each licensee shall maintain records regarding the source of all industrial hemp cultivated or produced and records regarding the disposition of all industrial hemp cultivated or produced for three years and shall present those records to the secretary upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-3906; effective Jan. 8, 2021.)

Kan. Admin. Regs. § 4-34-24 Sampling, testing, and harvest requirements

(a) No more than 30 days before any industrial hemp cultivated or produced pursuant to the act is harvested, each licensee shall allow a sample to be collected by the secretary for testing, using post-decarboxylation or any other similarly reliable method, to determine the delta-9 tetrahydrocannabinol concentration of industrial hemp cultivated or produced. A licensee shall not harvest any industrial hemp before receiving notice that testing of the samples has shown a delta-9 tetrahydrocannabinol concentration of less than 0.3 percent on a dry-weight basis and that the licensee may harvest the industrial hemp.

(b) Each licensee shall complete each harvest of industrial hemp plants, plant parts, grain, or seeds within 30 days of sampling.

(c) If a licensee fails to harvest all of the industrial hemp plants, plant parts, grain, or seeds within the time frame specified in subsection (b), the licensee shall perform one of the following:

(1) Notify the department that harvest has not occurred within seven days after the expiration of the time frame specified in subsection (b), request that the department collect a subsequent pre-harvest sample, and pay the required sampling and testing fees; or

(2) notify the department that harvest has not occurred within seven days after the expiration of the time frame specified in subsection (b) and inform the department of the date by which the licensee intends to effectively dispose of the industrial hemp plants, plant parts, grain, or seeds. The licensee shall conduct effective disposal no more than seven days after the licensee informs the department that harvest has not occurred and shall notify the department of any change in the effective disposal date. Effective disposal of industrial hemp plants, plant parts, grain, or seeds shall occur by the licensee and at the licensee's expense. All volunteer plants within and adjacent to the licensed growing area shall be effectively disposed of during the current license year and for at least three years after the last reported date of planting. If effective disposal of industrial hemp plants, plant parts, grain, or seeds occurs, no refund shall be issued for any fees paid by a licensee, the cost of effective disposal, or the value of the crop.

(d) Each licensee shall submit a harvest report to the department no more than 15 days after each harvest of industrial hemp plants, plant parts, grain, or seeds is completed for each lot. Each harvest report shall identify the following:

(1) The global positioning system coordinates of the entrance to the licensed growing area and each lot where industrial hemp plants were harvested;

(2) the total number of acres planted in the licensed growing area;

(3) the number of acres planted in each lot;

(4) the planting date for each lot;

(5) the total number of acres harvested from the licensed growing area;

(6) the number of acres harvested from each lot;

(7) the harvest date for each lot;

(8) the official name of the industrial hemp variety harvested from each lot; and

(9) a statement of intended end-use for all industrial hemp plants, plant parts, grain, or seeds harvested from each lot.

(e) Industrial hemp shall be subject to post-harvest sampling and testing by the secretary. Each licensee shall agree to provide the secretary access to any harvested industrial hemp or to provide the secretary with a copy of the bill of lading and, if available, a certificate of analysis or similar document provided for any industrial hemp already sold or transferred to another person. All samples collected by the secretary shall be subject to testing, using post-decarboxylation or any other similarly reliable method, of delta-9 tetrahydrocannabinol concentration of industrial hemp produced. A licensee whose industrial hemp is sampled after it is harvested shall not sell, transfer, or transport any industrial hemp harvested from the licensed growing area where samples were collected until that licensee has received notice from the department that testing of the samples has shown a delta-9 tetrahydrocannabinol content of less than 0.3 percent on a dry-weight basis.

(f) Each licensee shall be assessed a $225 fee for the required pre-harvest sample collected and tested by the secretary.

(g) At any time other than at the time of the required pre-harvest sample collected and tested by the secretary, a licensee may request that the secretary collect a sample and test the delta-9 tetrahydrocannabinol concentration, subject to a testing fee of $225 for each test and additional costs assessed for the secretary's travel time and mileage.

(h) All samples collected by the secretary shall become the property of the secretary, and no compensation shall be owed to any licensee.

(i) Any licensee may request a test from a private laboratory at any time. However, test results from private laboratories shall not be considered official and shall not be substituted for a sample collected and tested by the secretary, and each licensee shall be responsible for the costs of testing by a private laboratory.

(j) Each sample collected and tested by the secretary and found to contain a delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a dry-weight basis shall result in the hemp being classified as cultivated or produced in violation of the act and shall result in the issuance of a failing report of analysis. Hemp that receives a failing report of analysis may be eligible to be remediated pursuant to K.A.R. 4-34-25.

(k) Within seven days of notice of the failing report of analysis, any licensee may request, on a form provided by the secretary, an additional test by the secretary. The request shall include payment of a retesting fee of $225 and any additional costs assessed for the secretary's travel time and mileage. If a licensee requests an additional test and the sample collected and tested pursuant to this subsection is found to contain a delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a dry-weight basis, then all plants in the licensed growing area shall be effectively disposed of as required by K.A.R. 4-34-25 or, if eligible, remediated pursuant to K.A.R. 4-34-25.

(l) For each licensee who is issued an order to effectively dispose of plants, one of the following requirements shall apply:

(1) The licensee shall be subject to a corrective action plan as specified in K.A.R. 4-34-29 and reported to the appropriate state or local law enforcement agency if the violation is deemed negligent.

(2) The licensee shall be reported to the United States department of agriculture, the office of the Kansas attorney general, the office of the United States attorney for the district of Kansas, and the appropriate state or local law enforcement agency if the violation is the result of a culpable mental state greater than negligence. If any plants are tested by the secretary and found to contain a delta-9 tetrahydrocannabinol concentration of greater than 2.0 percent, the licensee responsible for those plants shall be presumed to have acted with a culpable mental state greater than negligence.

(m) Except as provided in K.A.R. 4-34-28, each licensee or an authorized representative of each licensee shall be present whenever the secretary collects a sample of industrial hemp cultivated or produced pursuant to the act and whenever a compliance inspection is conducted pursuant to this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2020 Supp. 2-3906; implementing K.S.A. 2020 Supp. 2-3903, as amended by L. 2021, ch. 76, sec. 4, and 2-3906; effective Jan. 8, 2021; amended, T-4-8-25-21, Aug. 25, 2021; amended Dec. 17, 2021.)

Kan. Admin. Regs. § 4-34-25 Remediation; effective disposal; violations

(a) All hemp that is deemed to be in violation of the act for any reason or that contains a delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a dry-weight basis shall, by order of the secretary, be subject to effective disposal or remediation.

(b) Remediation shall not be allowed for any hemp for which the secretary has not approved a remediation plan. Hemp for which remediation is not allowed shall be effectively disposed of as specified in this regulation.

(c) Remediation shall include any method approved by the United States department of agriculture and may include either of the following:

(1) Separating and removing all flowers and floral materials from the stalks, leaves, and seeds of all plants or plant parts, which may include removal by hand or mechanical removal; or

(2) shredding the entirety of all plants or plant parts into hemp biomass, which may be accomplished with shredders, composters, specialty mechanical equipment, or similar means.

(d) Seeds removed from hemp plants or contained in hemp biomass as a result of remediation shall not be used for propagation purposes.

(e) Each remediation plan or request to submit a remediation plan shall be submitted to the secretary before the expiration of the 10-day period following the licensee's receipt of notice that effective disposal is required as specified in subsection (q).

(f) Each remediation plan submitted to the secretary pursuant to this regulation shall include the following, at a minimum:

(1) The date that remediation will begin;

(2) the approximate date that remediation will be completed;

(3) the total number of acres that will be remediated;

(4) the intended end-use of all plants or plant parts to be remediated;

(5) the location where each plant or plant part will be stored before and after remediation and the location where remediated material will be stored following remediation;

(6) the method or methods of remediation intended to be used; and

(7) any other information that is relevant to the circumstances surrounding the cultivation or production of the hemp proposed to be remediated or the intended remediation plan and that the secretary requests.

(g) Any remediation plan that does not contain all required information may be denied or returned to the licensee. Any remediation plan may be denied at the discretion of the secretary, based on the circumstances surrounding the cultivation or production of the hemp proposed to be remediated.

(h) Hemp for which a failing report of analysis is issued may be remediated by the licensee upon the secretary's approval of the remediation plan submitted by the licensee, if the most recent sampling and testing conducted showed the hemp to have a delta-9 tetrahydrocannabinol concentration of 1.0 percent or less on a dry-weight basis.

(i) Any licensee may request permission from the secretary to submit a remediation plan for any hemp for which a failing report of analysis is issued if the most recent sampling and testing conducted showed the hemp to have a delta-9 tetrahydrocannabinol concentration greater than 1.0 percent but not greater than 2.0 percent on a dry-weight basis. If the secretary agrees to review a remediation plan based upon the circumstances surrounding the production or cultivation of the hemp, then the industrial hemp may be remediated upon approval of the plan submitted by the licensee.

(j) Each licensee who conducts remediation of any hemp shall allow representatives of the secretary to be present during the remediation. Proof of remediation may be required to be provided to the secretary.

(k) All plant material that is undergoing remediation shall be clearly labeled to indicate that the plant material is remediated hemp biomass and to verify the source of all of the hemp that comprises the remediated material. Remediated hemp biomass shall require a bill of lading pursuant to K.A.R. 4-34-26, which shall identify the material as remediated hemp biomass and identify the source of all material used in the remediation.

(l) All plant material resulting from remediation shall be subject to postremediation sampling and testing and shall be required to be effectively disposed of as specified in this regulation and prohibited from entering commerce if the final postremediation testing performed shows the plant material to have a delta-9 tetrahydrocannabinol concentration of greater than 0.3 percent on a dry-weight basis.

(m) Remediation may be conducted as many times as is necessary to achieve a delta-9 tetrahydrocannabinol concentration of 0.3 percent or less on a dry-weight basis. However, all hemp biomass that is not successfully remediated so as to have a delta-9 tetrahydrocannabinol concentration of 0.3 percent or less on a dry-weight basis within 60 days of the issuance of the final failing report of analysis for any hemp that comprises the remediated hemp biomass shall be effectively disposed of as specified in this regulation.

(n) Hemp for which a failing report of analysis is issued and for which the most recent testing conducted shows a delta-9 tetrahydrocannabinol concentration greater than 2.0 percent on a dry-weight basis shall not be eligible for remediation and shall be required to be effectively disposed of as provided in this regulation.

(o) Acceptable methods of effective disposal shall include plowing under, mulching or composting, disking, mowing or chopping, deep burial, burning, or any other method allowed under federal law and approved by the secretary.

(p) If required pursuant to federal law, all hemp that requires effective disposal shall be destroyed or disposed of as required by the controlled substances act, 21 U.S.C. 801 et seq., and in compliance with requirements of the United States drug enforcement agency.

(q) If allowed pursuant to federal law, each licensee shall conduct effective disposal at the licensee's expense within 10 days of receiving notice that effective disposal is required. Each licensee shall effectively dispose of all volunteer plants within and adjacent to the licensed growing area during the current license year and for at least three years after the last reported date of planting. Each licensee shall allow representatives of the secretary to be present during the effective disposal of plants or plant parts, or proof of the effective disposal may be required by the secretary. Each licensee who conducts effective disposal shall, within 14 days of conducting the effective disposal, report the number of acres effectively disposed of to the department. A licensee who conducts effective disposal shall not be eligible for a refund of any fees paid, the cost of effective disposal, or the value of the crop.

(r) Each licensee whose plants are effectively disposed of shall be responsible for reimbursing any law enforcement agency whose officers or agents are required to participate in or be present during the effective disposal for all of the law enforcement agency's costs associated with the effective disposal.

(s) Failure of a licensee to conduct effective disposal as required by the secretary within 10 days of receiving notice that effective disposal is required shall result in the secretary's conducting effective disposal at the expense of the licensee, unless an extension is granted by the secretary.

(t) A licensee's failure to conduct effective disposal as required by the secretary, failure to reimburse the secretary for any costs incurred as a result of the secretary's conducting effective disposal, or failure to reimburse any law enforcement agency for any costs associated with effective disposal shall be grounds for denial of any future hemp producer license application.

(u) Each licensee who violates the act with a culpable mental state of negligence shall be subject to a corrective action plan as specified in K.A.R. 4-34-29 and reported to the appropriate state or local law enforcement agency. Each licensee who violates the act with a culpable mental state greater than negligence shall be reported to the United States attorney's office and the Kansas attorney general's office, in addition to the appropriate state or local law enforcement agency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3906; effective Jan. 8, 2021; amended, T-4-8-25-21, Aug. 25, 2021; amended Dec. 17, 2021.)

Kan. Admin. Regs. § 4-34-26 Transportation of industrial hemp

(a) Each licensee who sells, trades, barters, gives away, or otherwise transfers any unprocessed industrial hemp to any other person shall ensure that the unprocessed industrial hemp is accompanied by a signed bill of lading that includes the licensee's license number, the total quantity of industrial hemp transferred, the date the transfer occurred, and the name of the person acquiring the industrial hemp. A certificate of analysis or other similar document shall be attached to the bill of lading.

(b) Each person who sells, trades, barters, gives away, or otherwise transfers unprocessed industrial hemp subsequent to an initial transfer involving unprocessed industrial hemp as specified in subsection (a) shall record the transfer and shall amend the bill of lading or attach the information regarding the subsequent transfer to the original bill of lading and shall include the name of the person acquiring possession of the industrial hemp, the amount of industrial hemp transferred, and the date of the transfer. Any individual in possession of unprocessed industrial hemp plants, plant parts, grain, or seeds without a valid hemp producer's license or a bill of lading may be presumed to have unlawfully cultivated or produced hemp in violation of the act or gained possession of industrial hemp plants, plant parts, grain, or seeds that were cultivated or produced in violation of the act.

(c) Each licensee shall comply with all local, state, and federal laws and regulations related to the transportation of industrial hemp and with the act.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-3906; effective Jan. 8, 2021.)

Kan. Admin. Regs. § 4-34-27 Planting restrictions; signage requirements; volunteer plants

(a) A licensee shall not cultivate, plant, grow, or harvest industrial hemp plants, plant parts, grain, or seeds at any location not included on the license.

(b) A licensee shall not cultivate, plant, grow, or harvest industrial hemp plants, plant parts, grain, or seeds in a residential structure, within 50 feet of a residential structure, or within one-quarter mile of any public or private K-12 school or public recreational area, except with the secretary's written permission.

(c) A licensee shall not interplant any other crop with industrial hemp, except that any state educational institution licensee may do so upon authorization by the secretary. This subsection shall not prohibit the use of ground cover, but ground cover shall not be harvested.

(d) A licensee shall not interplant different varieties of industrial hemp within a lot.

(e) Harvested lots of industrial hemp plants shall not be commingled with other harvested lots or other material.

(f) Each licensee shall post and maintain at least one sign at each licensed growing area listed on the license. A sign shall be posted along each licensed growing area boundary adjacent to a public road, except that if the licensed growing area is adjacent to an intersection of two or more public roads, a sign shall be posted at the intersection. If a licensed growing area is not adjacent to any public road, a sign shall be posted at the point of access to the licensed growing area. Each sign shall measure at least 36 inches per side, shall be clearly visible and legible from the adjacent public road, intersection of public roads, or access point, and shall include the following information:

(1) The following text: "Kansas Department of Agriculture Industrial Hemp Program";

(2) the licensee's name;

(3) the licensee's license number; and

(4) the department's telephone number.

(g) Each licensee shall allow the secretary to inspect, for volunteer plants, ditches, fence lines, or other unmanaged land areas adjacent to any licensed growing area. Each licensee shall destroy any volunteer plants for at least three years after the last date of planting.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-3906; effective Jan. 8, 2021.)

Kan. Admin. Regs. § 4-34-28 Access to records and property

(a) Acceptance of a license shall constitute a grant of authority by each licensee allowing the secretary to inspect all records related to the cultivation or production of industrial hemp.

(b) Each licensee shall grant the secretary access to all land identified for the cultivation or production of industrial hemp for purposes of inspection to determine compliance with the act and the implementing regulations. In addition to pre-harvest sampling and testing of all industrial hemp plants being cultivated or produced pursuant to the act as specified in K.A.R. 4-34-24, in accordance with federal law, each licensee's premises and records related to the cultivation or production of industrial hemp shall be subject to annual inspection to ensure compliance with the act and the implementing regulations.

(c) Each licensee shall consent to the secretary's providing information to the United States department of agriculture, law enforcement, fire and rescue agencies, and the public regarding each licensed growing area. Additionally, each licensee shall consent to the secretary's providing information about any licensed growing area, including global positioning system coordinates, to representatives of the United States department of agriculture, Kansas bureau of investigation, United States drug enforcement agency, and other law enforcement agencies.

(d) Each licensed growing area and all adjacent areas shall be subject to inspection by the secretary. The secretary shall have complete, unrestricted, and immediate access to all industrial hemp plants, plant parts, grain, and seeds, whether growing or not, including access to all land, buildings, facilities, motor vehicles, and other structures used for industrial hemp-related activities. Access shall be granted at reasonable times, without interference or obstruction, with or without cause, and with or without advance notice. The secretary's right of access specified in this regulation shall include the unrestricted right to inspect or take samples of any industrial hemp plants, plant parts, grain, or seeds, whether growing or not, present at the location being accessed, as well as the right to inspect any reports or records pertaining to industrial hemp plants, plant parts, grain, or seeds.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-3906; effective Jan. 8, 2021.)

Kan. Admin. Regs. § 4-34-29 Negligent violations; corrective action plans

(a) Negligent violations of the act may include failure to provide a legal description of land on which a licensee produces industrial hemp, producing plants with a delta-9 tetrahydrocannabinol concentration greater than 1.0 percent on a dry-weight basis, or producing plants with a delta-9 tetrahydrocannabinol concentration greater than 0.3 percent on a dry-weight basis if the licensee did not make reasonable efforts to cultivate or produce industrial hemp. It shall not be a negligent violation of the act if a licensee produces plants with a delta-9 tetrahydrocannabinol concentration of 1.0 percent or less on a dry-weight basis and the licensee has made reasonable efforts to cultivate or produce industrial hemp. Each licensee who negligently violates the act or the implementing regulations shall be required to follow a corrective action plan developed by the secretary.

(b) Upon the first negligent violation, each licensee shall meet the following requirements:

(1) Correct the violation within 10 days of notification of the violation by the secretary, including conducting effective disposal of the industrial hemp crop if so ordered;

(2) for the duration of the time period specified in the corrective action plan, which shall be at least two years, provide a report to the secretary as often as is required by the secretary regarding the status of the violation; and

(3) complete any other actions required by the secretary.

(c) Upon a second negligent violation within five years of a previous negligent violation, each licensee shall meet the following requirements:

(1) Correct the violation within 10 days of notification of the violation by the secretary, including the effective disposal of the industrial hemp crop if so ordered;

(2) for the duration of the time period specified in the corrective action plan, which shall be at least two years, provide a report to the secretary at least every 30 days, or as often as is required by the secretary, regarding the status of the violation; and

(3) complete any other actions required by the secretary.

(d) Upon a third negligent violation within five years of the first negligent violation, each licensee shall be ineligible to cultivate or produce industrial hemp for a period of five years beginning on the date of the third violation. Each license or registration held by the licensee shall be subject to immediate revocation, and all of the licensee's industrial hemp shall be subject to destruction, if so ordered.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2020 Supp. 2-3906; effective Jan. 8, 2021; amended, T-4-8-25-21, Aug. 25, 2021; amended Dec. 17, 2021.)

Kan. Admin. Regs. § 4-34-30 State educational institutions

(a) Each state educational institution shall obtain a license before cultivating or producing industrial hemp for research purposes.

(b) Each state educational institution shall be exempt from all application and licensing fees if the state educational institution's license application is accompanied by a written summary of the research to be performed, except as provided in subsection (f).

(c) Each state educational institution shall be subject to all other requirements applicable to a hemp producer, except that a state educational institution may request the waiver of any requirement in K.A.R. 4-34-1 through K.A.R. 4-34-30 by submitting a written request to the secretary that explains why the waiver of an existing regulation is necessary for the proposed research.

(d) In spite of subsection (c), a state educational institution shall not request a waiver of the fingerprint-based state and national criminal history record check or corrective action plan requirements.

(e) Each state educational institution seeking licensure shall designate an individual as the primary licensee for any license. The primary licensee shall be responsible for all employees, agents, students, and volunteers of the institution, and any activities that the institution undertakes, related to industrial hemp at the locations identified in each application. The costs associated with fingerprinting and the required state and national criminal history record check shall be the responsibility of the individual designated as the primary licensee.

The head of a department of the state educational institution, or a similar person with supervisory authority, shall submit a written letter designating the responsible individual as the primary licensee along with the application.

(f) Upon written request, a state educational institution may be granted a multiyear license that is valid for up to five years for completion of a multiyear research project.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 2-3906; effective Jan. 8, 2021.)