1 004 - 4-Department of Agriculture, 2009 KAR Vol 1

Agency 4
Kansas Department of Agriculture

Articles
4-1.
4-2.
4-3.
4-4.
4-5.
4-6.
4-7.
4-8.
4-9.
4-10.
4-11.
4-12.
4-13.
4-14.
4-15.
4-16.
4-17.
4-18.
4-19.
4-20.
4-21.
4-22
4-25.
4-26
4-28
4-29
4-33.
AGRICULTURAL CHEMICALS.
AGRICULTURAL SEED.
COMMERCIAL FEEDING STUFFS.
COMMERCIAL FERTILIZERS.
AGRICULTURAL LIMING MATERIALS.
CERTIFICATE OF FREE SALE.
MILK AND DAIRY PRODUCTS.
NOXIOUS WEEDS.
CARCASS BEEF, CALF, VEAL; GRADES. (Not in active use)
ANHYDROUS AMMONIA.
EGGS.
PEST CONTROL. (Not in active use)
PESTICIDES.
HONEYBEES.
PLANTS AND PLANT PRODUCTS.
MEAT AND MEAT PRODUCTS INSPECTION.
POULTRY AND POULTRY PRODUCTS INSPECTION.
LIVESTOCK REMEDIES.
SOIL AMENDMENTS.
CHEMIGATION.
NUTRIENT UTILIZATION PLANS.
to 4-24. RESERVED.
GRAIN WAREHOUSE.
to 4-27. RESERVED.
FOOD SAFETY.
to 4-32. RESERVED.
MILL LEVY ASSESSMENT.
Article 1.AGRICULTURAL CHEMICALS

4-1-1. (Authorized by K.S.A. 2-2205; effective Jan. 1, 1966; revoked May 1, 1982.)
4-1-2. Definitions. (a) Agricultural chemicals (poisons). Agricultural chemicals includes
insecticides, fungicides, rodenticides, herbicides,
nematocides, defoliants, plant regulators, and desiccants. A product shall be deemed to be an agricultural chemical regardless of whether the
product is intended for use as packed or after dilution or mixture with other substances, such as
carriers or baits. Products intended only for use
after further processing or manufacturing shall
not be deemed to be agricultural chemicals (economic poisons). Substances which have recognized commercial uses other than uses as agricultural chemicals shall not be deemed to be
agricultural chemicals unless these substances are:
(1) Specially prepared for use as agricultural
chemicals;
(2) labeled, represented, or intended for use as
agricultural chemicals; or
(3) marketed in channels of trade where they
will presumably be purchased as agricultural
chemicals.
(b) Fungicide. The term fungicide shall not
include algaecides.
123
4-1-3
KANSAS DEPARTMENT OF AGRICULTURE
(c) Plant regulator. Plant regulator shall not

include substances intended solely for use as plant
nutrients or fertilizers.
(d) Active ingredient. An active ingredient is
an ingredient which:
(1) Is capable in itself, and when used in the
same manner and for the same purpose as directed for use of the product, of preventing, destroying, repelling, or mitigating insects, fungi, rodents, weeds, or other pests;
(2) Is present in the product in an amount sufficient to add materially to its effectiveness; and
(3) Is not antagonistic to the activity of the
principal active ingredient. The secretary may require an ingredient to be designated as an active
ingredient if, in his or her opinion, it sufficiently
increases the effectiveness of the agricultural
chemical to warrant that action.
(e) Rodent. Rodent means any animal of the
order Rodentia, including, but not limited to, rats,
mice, rabbits, gophers, prairie dogs, and squirrels.
(f) Authorized representative. Authorized
representative means any employee or agent of
the state authorized by the secretary to make investigations in connection with the enforcement
of the act. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2202; effective Jan. 1, 1966;
amended May 1, 1982.)
4-1-3 and 4-1-4. (Authorized by K.S.A. 22205; effective Jan. 1, 1966; revoked May 1, 1982.)
4-1-5. Label. (a) Contents of label. The label of every agricultural chemical shall show,
clearly and prominently, the name of the product;
the name and address of the manufacturer, the
registrant, or person for whom manufactured; the
net contents; the ingredient statement; and a
warning or caution statement which may be necessary to prevent injury to humans and other vertebrate animals, useful vegetation, and useful invertebrate animals. The label of any agricultural
chemical which is highly toxic to humans shall also
contain the skull and crossbones, and the word
poison in red on a contrasting background and
the antidote statement in immediate proximity to
it. The antidote statement shall include directions
to call a physician immediately. The label of every
agricultural chemical if necessary to prevent injury to humans and other vertebrate animals, useful vegetation and useful invertebrate animals,
shall contain an appropriate warning or caution
statement as required in K.A.R. 4-1-8.
(b) Name and address of manufacturer. An un-
qualified name and address given on the label

shall be considered as the name and address of
the manufacturer. If the registrants name appears
on the label and the registrant is not the manufacturer, or if the name of the person for whom
the agricultural chemical was manufactured appears on the label, it shall be qualified by appropriate wording as packed for . . ., distributed
by . . ., or sold by . . ., to show that the
name is not that of the manufacturer. When a person manufactures an agricultural chemical in two
(2) or more places or in a place different from the
manufacturers principal office, the actual place of
manufacture of each particular package need not
be stated on the label except when the failure to
name it may be misleading to the public.
(c) Name, brand, or trademark of agricultural
chemicals. The name, brand, or trademark of the
agricultural chemical appearing on the label shall
be that under which the agricultural chemical is
registered. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2203; effective Jan. 1, 1966;
4-1-6. Ingredient statement. (a) Location
of ingredient statement. The ingredient statement
shall appear on that part of the label displayed
under customary conditions of purchase except in
cases where the secretary 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. When so permitted, the ingredient statement shall be in larger type and more
prominent than would otherwise be possible. The
ingredient statement shall run parallel with other
printed matter on the panel of the label on which
it appears and shall be on a clear contrasting background and not obscured or crowded.
(b) Names of ingredients. The well-known
common name of the ingredient shall be given or,
if the ingredient has no common name, the correct chemical name. If there is no common name
and the chemical composition is unknown or complex, the secretary may permit the use of a new
or coined name which is appropriate for the information and protection of the user. If the use of
a new or coined name is permitted, the secretary
may prescribe the terms under which it shall be
used. A trademark or trade name shall not be used
as the name of an ingredient except when it has
become a common name.
(c) Percentages of ingredients. Percentages of
124
AGRICULTURAL CHEMICALS
ingredients shall be determined by weight and the
sum of the percentages of the ingredients shall be
one hundred (100). Sliding scale forms of ingredient statements shall not be used.
(d) Designation of ingredients. Active ingredients and inert ingredients shall be so designated,
and the term inert ingredient shall appear in the
same size type and be equally as prominent as the
term active ingredients. (Authorized by K.S.A.
2-2205; implementing K.S.A. 2-2203; effective
Jan. 1, 1966; amended May 1, 1982.)
4-1-8. 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 hazard involved in
the use of the agricultural chemical and the precautions to be taken to avoid accident, injury, or
damage. The word poison in red on a contrasting background in immediate proximity to the
skull and crossbones and an antidote, including
directions to call a physician immediately, shall
appear on all agricultural chemicals highly toxic to
humans. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2203; effective Jan. 1, 1966;
4-1-9. Registration. (a) Any manufacturer,
packer, seller, distributor, or shipper of an agricultural chemical may register this agricultural
chemical.
(b) If an agricultural chemical is registered under the act no further registration under the act
is required when the product is in the manufacturers or registrants original unbroken immediate container or the claims made for it and the
directions for its use do not differ in substance
from the representations made in connection with
registration.
(c) Applications shall be submitted at least
thirty (30) days before the time when it is desired
that registration take effect.
(d) Responsibility of a registrant. The registrant
is responsible for the accuracy and completeness
of all information submitted in connection with
the application for registration of an agricultural
chemical.
(e) Changes in labeling or formulae. Changes
in substances in the labeling or changes in the
formula of a registered agricultural chemical shall
4-1-13
be submitted in advance to the control division,

Kansas state board of agriculture, Topeka, Kansas.
The registrant shall describe the exact changes desired and the proposed effective date and, upon
request, shall submit a description of tests which
justify these changes. After the effective date of a
change in labeling or formula the product shall be
marketed only under the new claims or formula,
except that a reasonable time may be permitted
by the secretary to dispose of properly labeled
stocks of old products.
(f) Claims must conform to registration. Claims
made for an agricultural chemical shall not differ
from representations made in connection with
registration. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2204; effective Jan. 1, 1966;
4-1-11. Adulteration; valuable constituent. (a) A valuable constituent shall be considered
as wholly abstracted whenever the labeling of the
product represents the presence of the constituent within it and this constituent has been wholly
omitted in the preparation of the product or has
been wholly removed from the completed
product.
(b) A valuable constituent shall be considered
as partly abstracted whenever the labeling of the
product it represents the presence of the constituent within it and this constituent is not present
or in the amount indicated in the labeling. (Authorized by K.S.A. 2-2205; implementing K.S.A.
2-2202; effective Jan. 1, 1966; amended May 1,
1982.)
4-1-13. Enforcement. (a) Collection of
samples. Samples of agricultural chemicals shall
be collected by authorized representatives or by
any authorized employee of the state, who has
been duly designated by the secretary. An official
representative sample shall be one taken by the
secretary of the state board of agriculture, or a
duly authorized agent. An unbroken original package shall be taken as the official sample where the
agricultural chemical is packed in small bottles, or
small packages. Where the agricultural chemical
is packed in large containers, portions for the official sample shall be taken from not less than five
(5) separate original packages, unless there are
125
4-1-14
fewer than five (5) separate original packages in

the lot, in which case, portions for the official sample shall be taken from each original package. If
the agricultural chemical is in bulk, portions shall
be taken from not less than five (5) different
places in the lot.
(b) Examination of samples. Methods of examination of samples shall be those adopted and
published by the association of official agricultural
chemists, where applicable, and any other methods as may be necessary to determine whether the
product complies with the law.
(c) Notice of apparent violation. If, from an examination or analysis, an agricultural chemical appears to be in violation of the act, a notice in writing shall be sent to the person against whom
criminal proceedings are contemplated. The notice shall state the manner in which the sample
fails to meet the requirements of the act and the
regulations. The person to whom the notice was
sent shall have the opportunity to offer a written
explanation if he or she wishes to respond to the
notice. That person may also file within twenty
(20) days of its receipt a written request for an
opportunity to present his or her views orally in
connection with the notice. A notice or hearing
shall not be required before the seizure of any
agricultural chemical. (Authorized by K.S.A. 22205; implementing K.S.A. 2-2206; effective Jan.
1, 1966; amended May 1, 1982.)
4-1-14. Product for experimental use. (a)
An agricultural chemical sold for experimental
use, is exempt from the provisions of section 3(a)
of the act when:
(1) It is plainly and conspicuously marked for
experimental use only;
(2) Bears the manufacturers or shippers name
and address; and
(3) A permit for this product has been obtained
from the secretary.
(b) Permits shall be of two types, specific and
general. A specific permit shall be issued to cover
a particular shipment on a specified date to a
named person. A general permit shall be issued
to cover more than one shipment over a period of
time to different persons.
(c) All applications for permits covering products for experimental use shall be signed by the
manufacturer or shipper or person making delivery and shall contain the following:
(1) Name and address of shipper and place or
places from which shipment will be made;
(2) Proposed date of shipment or proposed

shipping period not to exceed one year;
(3) Identification of material to be covered by
permit which should apply to a single material or
group of closely allied materials;
(4) Approximate quantity to be shipped and
types of tests such as greenhouse, orchard, or
field;
(5) A signed statement that the agricultural
chemical is intended for experimental use only;
and
(6) Proposed labeling which, in addition to
other statements, shall state that the product is for
experimental use only.
(d) A permit for shipment of agricultural chemicals for experimental use may be canceled at any
time for any violation of the terms of the permit.
(Authorized by K.S.A. 2-2205; implementing
K.S.A. 2-2207; effective Jan. 1, 1966; amended
May 1, 1982.)
4-1-15 and 4-1-16. (Authorized by K.S.A.
2-2205; effective Jan. 1, 1966; revoked May 1,
1982.)
4-1-17. Registration fee. The annual registration fee for each registered agricultural chemical shall be $150.00 for registration periods beginning on and after July 1, 2002 and through June
30, 2005, regardless of the date when the registration is received. The $150.00 annual registration fee shall revert to $130.00 on and after July
1, 2005, unless the termination date is modified
by statute. (Authorized by K.S.A. 2-2204, as
amended by 2002 SB 438, 2 and K.S.A. 2-2205;
implementing K.S.A. 2-2204, as amended by 2002
SB 438, 2; effective, T-83-35, Nov. 10, 1982;
effective May 1, 1983; amended, T-88-46, Nov.
10, 1987; amended May 1, 1988; amended, T-46-22-89, June 22, 1989; amended Aug. 14, 1989;
amended, T-4-6-27-02, July 1, 2002; amended
Oct. 25, 2002.)
Article 2.AGRICULTURAL SEED
LABELING
4-2-1. Labeling prohibitions. Any agricultural seed shall be deemed mislabeled within the
meaning of the act if there appears on the label,
container, invoice, other accompanying literature,
or any advertising media, any statement directly
or indirectly implying that any agricultural seed is
recommended or endorsed by the Kansas state
board of agriculture or its state seed laboratory,
126
AGRICULTURAL SEED
or any of its other divisions. This regulation shall
become effective on January 1, 1989. (Authorized
by K.S.A. 2-1427; implementing K.S.A. 1987
Supp. 2-1417; effective Jan. 1, 1966; amended Jan.
1, 1989.)
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 eight
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. (Authorized by K.S.A. 2-1427;
effective Jan. 1, 1966.)
SAMPLING
4-2-3. General procedure. (a) In order to

secure a representative sample, equal portions
shall be taken from evenly distributed parts of the
quantity of seed to be sampled, unless so stored
or piled as to make this impossible or impractical.
(b) For free flowing seed in bags or bulk, a
probe or trier long enough to sample all portions
of the bag should be used.
(c) Non-free-flowing seed, such as certain grass
seed, uncleaned seed, or screenings, difficult to
sample with a probe or trier, shall be sampled by
thrusting the hand into the bulk and withdrawing
representative portions.
(d) The portions shall be combined into a composite sample or samples.
(e) As the seed is sampled, each portion shall
be examined, and, whenever there appears to be
lack of uniformity, additional samples shall be
taken to show such lack of uniformity as may exist.
(Authorized by K.S.A. 2-1427; effective Jan. 1,
1966.)
4-2-4. (Authorized by K.S.A. 2-1427; effective Jan. 1, 1966; revoked Dec. 12, 1994.)
ANALYSES IN ADMINISTRATION OF THE ACT
4-2-8. Methods of analyses. (a) Subject to

the provisions of subsection (c) of this regulation,
4-2-11
the methods of analysis shall be those published

by the association of official seed analysts in the
following sections of rules for testing seeds, excluding the appendices, dated October 1, 2006
and adopted by reference:
(1) Section 2, analysis of the seed;
(2) section 3, examinations;
(3) section 4, germination tests; and
(4) section 5, tolerances.
Copies of the material adopted by reference
may be obtained from the office of the agricultural
commodity assurance program, inspections division, of the Kansas department of agriculture.
(b) For the purpose of this regulation, the term
noxious-weed seed used in the material adopted
by reference in subsection (a) of this regulation
shall mean restricted weed seed as defined in
K.S.A. 2-1415(k) and amendments thereto.
(c) The following restrictions shall apply in addition to tolerances for the testing of seed found
in section 5 of the material adopted by reference
in subsection (a) of this regulation:
(1) Restricted weed seed tolerances shall not
exceed the limitations set forth in K.S.A. 21415(k) and amendments thereto.
(2) No tolerance shall be applied to any seed
component that is guaranteed as none on the
label. (Authorized by K.S.A. 2006 Supp. 2-1427;
implementing K.S.A. 2-1423; effective Jan. 1,
1966; amended May 1, 1983; amended Jan. 1,
1989; amended Dec. 12, 1994; amended Jan. 18,
2008.)
TOLERANCES
EXAMINATIONS IN THE ADMINISTRATION
OF THE ACT
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. (Authorized by K.S.A. 2-1427; effective Jan. 1, 1966.)
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. (Authorized by K.S.A. 2-1427;
127
4-2-12
PURITY
ONLY
GENERAL

1982.)
4-2-14. Seed offered for sale. Agricultural
seeds whether in bags, cartons, bins or other containers exposed in salesrooms, storerooms, warehouses, or other places where seeds are sold for
sowing purposes, shall be considered as seed offered or exposed for sale for planting purposes
and subject to the provisions of the act, unless
clearly labeled otherwise. (Authorized by K.S.A.
2-1427; effective Jan. 1, 1966.)
4-2-15. (Authorized by K.S.A. 2-1425; effective Jan. 1, 1966; amended Jan. 1, 1972;
amended, E-78-32, Dec. 7, 1977; amended May
1, 1978; revoked May 1, 1983.)
4-2-17. (Authorized by K.S.A. 2-1425; implementing K.S.A. 2-1425; effective May 1, 1983;
revoked, T-4-7-5-89, July 5, 1989; revoked Aug.
14, 1989.)
4-2-17a. Schedule of charges for seed
tests. (a) Any person may submit to the state seed
laboratory samples of agricultural seed for germination, purity tests, or both, or other examination and receive the test upon paying to the secretary a fee per sample, test or examination. The
following charges shall be made for all seed tests
on samples submitted to the state seed laboratory:
PURITY
ONLY
WITH
NOXIOUS
KIND
AUS. WINTER PEAS

ALFALFA
AGROTRITICUM
BARLEY
BLUESTEM (BIG,
LITTLE, CAUC.)
BERMUDA &
BENTGRASS
BLUEGRASS,
REDTOP
BUFFALOGRASS
BROMEGRASS
CANARYGRASS
CLOVERS
CORN
CORDGRASS
COWPEAS
DROPSEED
FESCUE
BLUE GRAMAGRASS
NOXIOUS
WEEDS
WEED
EXAMINATION
GERMINATION
ONLY
FULL
TEST
EXAMINATION
ONLY
$ 9.00
10.00
9.00
9.00
$ 5.00
5.00
5.00
5.00
$14.00
15.00
14.00
14.00
5.00
5.00
5.00
25.00
20.00
45.00
5.00
12.00
5.00
17.00
5.00
12.00
11.00
12.00
9.00
10.00
13.00
7.00
11.00
10.00
17.00
5.00
11.00
6.00
6.00
5.00
5.00
6.00
5.00
8.00
5.00
12.00
17.00
22.00
18.00
15.00
15.00
19.00
12.00
18.00
15.00
29.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
NOXIOUS
WITH
NOXIOUS
KIND
GAMAGRASS
INDIANGRASS
LESPEDEZA
LOVEGRASS
MILLETS
OATS
ORCHARDGRASS
RAPE SEED
CANARYGRASS
RYE
RYEGRASS
SUNFLOWER
SORGHUM
SOYBEANS
SAND DROPSEED
SUDANGRASS
SWITCHGRASS
TIMOTHY
VETCH
VETCH (CROWN)
WHEAT
WHEATGRASSES
TRITICALE
SIDEOATS GRAMA
PRAIRIE
CONEFLOWER
WINTERBERRY
EUONONYMUS
VEGETABLES
CREEPING
FOXTAIL
WEEDS
WEED
GERMINATION
FULL
EXAMINATION
ONLY
TEST
9.00
25.00
10.00
11.00
8.00
9.00
12.00
10.00
9.00
9.00
11.00
8.00
9.00
9.00
11.00
9.00
10.00
8.00
7.00
10.00
9.00
13.00
9.00
25.00
13.00
20.00
5.00
8.00
5.00
5.00
6.00
6.00
6.00
5.00
5.00
5.00
5.00
5.00
8.00
5.00
7.00
5.00
5.00
5.00
5.00
7.00
5.00
20.00
17.00
45.00
15.00
18.00
13.00
14.00
18.00
16.00
15.00
14.00
16.00
13.00
14.00
14.00
18.00
14.00
17.00
13.00
12.00
15.00
14.00
20.00
14.00
45.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
10.00
5.00
15.00
5.00
10.00
5.00
5.00
15.00
5.00
7.00
EXAMINATION
ONLY
Fees for examining or testing crops not listed

shall be charged at same rate as for similar species
listed.
(b) Special services and tests. Mixtures shall be
charged at 50% over normal rate of purity separations, plus an additional 50% of the normal germination charge for each additional crop specie
germinated.
(1) Purity ahead on written report. A charge
of $5.00 shall be made for each purity report that
is prepared and mailed prior to germination report.
(2) Purity ahead or any other information requested by telephone. A charge of $1.00 shall be
made for each long distance telephone call via the
Kans-a-n system.*
(3) Tetrazolium test. Tetrazolium tests (TZ
tests) shall be handled as a rush service whenever
possible. TZ testing shall be limited to small
grains, corn, soybeans, sorghums, bromegrass,
fescues and switch-grass. The charge shall be
$10.00. All results of TZ tests will be reported by
telephone free of charge.
(4) Soybean stress test. The charge for AAstress test will be $5.00 if submitted separately, or
$9.00 for both an AA test and a standard germination performed on the same sample concurrently.
128
COMMERCIAL FEEDING STUFFS

(5) All states noxious weed examination. The
charge for this test shall be $5.00 extra per sample.
(6) Any state noxious weed examination. The
charge for this test shall be $5.00 extra per sample.
(7) Excessive time. No additional charge will
be made for difficult samples when the seed appears to be fit for seeding purposes or when the
seed can be processed to a salable quality.
(8) Caryopsis count Buffalo grass. The
charge for this test shall be $10.00 extra per
sample.
(9) Filled seed count. The charge for this test
shall be $5.00 extra per sample.
(10) Rush charge. The charge for this service
shall be $5.00 extra per sample. This charge shall
apply to all tests for which expedited service is
requested.
(c) This regulation shall be in force and effect
on and after July 1, 1989. (Authorized by K.S.A.
2-1427; implementing K.S.A. 2-1425 as amended
by 1989 HB 2133; effective, T-4-7-5-89, July 5,
1989; effective Aug. 14, 1989.)
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. (Authorized by K.S.A.
2-1427; implementing K.S.A. 1987 Supp. 2-1417;
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;
(c) 201.41;
(d) 201.42; and
(e) 201.43.
(Authorized by K.S.A. 2006 Supp. 2-1427; implementing K.S.A. 2-1423; effective Dec. 12, 1994;
amended Jan. 18, 2008.)
4-3-3
Article 3.COMMERCIAL FEEDING

STUFFS
DEFINITIONS
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.
(c) Crude protein and protein means the
product of the amount of nitrogen times the factor
6.25.
(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. (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.)
LABELING
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. (Authorized by K.S.A. 2-1013;
1966; amended May 1, 1982.)
129
4-3-4
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 nonmedicated 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. (Authorized by
K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan. 1, 1966; amended May 1, 1982.)
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 registrants name appears on
the label and the registrant is not the manufac-
turer, 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 manufacturers
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. (Authorized by K.S.A. 21013; implementing K.S.A. 2-1002; effective Jan.
1, 1966; amended May 1, 1982.)
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.
(c) A statement of quality or grade of an ingredient shall not appear on the ingredient
statement.
(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. (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.)
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.
130
COMMERCIAL FEEDING STUFFS

1966.)
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.
(c) Adequate warnings against use under those
conditions in which its use may be dangerous to
health:
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. (Authorized by K.S.A. 2-1002; effective Jan. 1, 1966.)
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:
percent. (This includes
Crude Protein, not less than
percent equivalent protein from nonnot more than
protein nitrogen.)
If feed contains more than three percent of urea,

or if the equivalent protein contributed by urea
exceeds 13 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.

1966.)
REGISTRATION
4-3-11. Registration. (a) After a commercial feeding stuffs is registered under the act, no
4-3-13
further registration is required by persons selling

the product, provided it remains in the registrants
properly labeled, original unbroken, immediate
container.
(b) Registration shall be effective on the date
the registration is issued.
(c) The secretary may refuse registration if:
(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. (Authorized by K.S.A. 2-1013;
1966; amended May 1, 1982.)
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.
Jan. 1, 1972; amended Feb. 15, 1977; amended
May 1, 1982.)
ADMINISTRATION
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.
(c) No notice of hearing shall be required prior
to the seizure of any commercial feeding stuffs.
131
4-3-14

1966.)
GENERAL
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. (Authorized by K.S.A. 2-1013; effective Jan.
1, 1966.)
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. (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan. 1, 1966;
4-3-16 to 4-3-18. (Authorized by K.S.A.
1982.)
DEFINITIONS FOR COMMERCIAL
FEEDING STUFFS

1972; revoked May 1, 1981.)
1981.)
1972; revoked May 1, 1981.)
1972; revoked May 1, 1981.)
amended May 1, 1980; revoked May 1, 1981.)
4-3-35. (Authorized by K.S.A. 2-1013; effective Jan. 1, 1966; amended Jan. 1, 1972; revoked May 1, 1981.)
1972; revoked May 1, 1981.)
1972; revoked May 1, 1981.)
1981.)
4-3-47. Adoption by reference. The text
titled official feed terms on pages 237 through
250 and official names and definitions of feed
ingredients as established by the association of
American feed control officials on pages 254
through 359 in the 2007 official publication,
copyrighted in 2007 by the association of American feed control officials incorporated, is adopted
by reference and shall apply to commercial feeding stuffs in this state.
Copies of these definitions and terms may be
obtained from the office of the agricultural commodity assurance program, Kansas department of
agriculture, Topeka, Kansas. (Authorized by
K.S.A. 2-1013; implementing K.S.A. 2-1002 and
K.S.A. 2006 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;
4-3-48. Official and tentative definitions. Despite the designation of various definitions of feed ingredients as official or tentative, in the Official Publication of Association of
American Feed Control Officials Incorporated
adopted by reference in K.A.R. 4-3-47, all definitions shall become effective upon the adoption
of this regulation. (Authorized by K.S.A. 2-1013
as amended by L. 1987, Ch. 7, Sec. 1; implementing K.S.A. 2-1002 and 2-1013 as amended by
132
COMMERCIAL FERTILIZERS
L. 1987, Ch. 7, Sec. 1; effective May 1, 1981;
4-3-49. Good manufacturing practices;
adoption by reference. Parts 225 and 226 of
title 21 of the code of federal regulations, revised
on April 1, 2006, are hereby adopted by reference
and shall apply to good manufacturing practices
for the production of commercial feeding stuffs in
Kansas.
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. (Authorized by and implementing K.S.A.
2006 Supp. 2-1013; effective, T-88-46, Nov. 10,
1987; effective May 1, 1988; amended Oct. 21,
1991; amended Dec. 12, 1994; amended, T-4-213-01, Feb. 13, 2001; amended June 15, 2001;
4-3-50. Good manufacturing practices
additional definitions. (a) All references to any
form, either by number or by any other designation, in the portions of the code of federal regulations adopted by reference in K.A.R. 4-3-49
shall mean a form supplied by the division of inspections of the state board of agriculture.
(b) All references to state feed control officials in the portions of the code of federal regulations adopted by reference in K.A.R. 4-3-49
shall mean the secretary of the state board of agriculture or the secretarys authorized representative.
(c) All references to the center for veterinary
medicine contained in the portions of the code
of federal regulations adopted by reference in
K.A.R. 4-3-49 shall mean the division of inspections, Kansas state board of agriculture unless the
context requires otherwise.
(d) Term Type A medicated feed or Type
A medicated article means a feeding stuff or ingredient for a feeding stuff which 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 means
a feeding stuff or an ingredient for a feeding stuff
which 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 which
4-4-1
is intended solely for the manufacture of other

medicated feeds, either Type B or Type C.
(f) The term Type C medicated feed means
a feeding stuff or an ingredient for a feeding stuff
which contains a substantial quantity of nutrients
including vitamins, minerals, or other nutritional
ingredients and which is intended as the complete
feed for the animal. (Authorized by and implementing K.S.A. 2-1013 as amended by L. 1987,
Ch. 7, Sec. 1; effective, T-88-46, Nov. 10, 1987;
effective May 1, 1988.)
4-3-51. Prohibited feeding stuffs; adoption by reference. Part 589 of title 21 of the code
of federal regulations, revised on April 1, 2006, is
hereby adopted by reference and shall apply to
the production of all commercial feeding stuffs
and custom-mixed feed in Kansas. 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. (Authorized by and implementing K.S.A. 2006 Supp.
2-1013; effective, T-4-2-13-01, Feb. 13, 2001; effective June 15, 2001; amended Jan. 18, 2008.)
Article 4.COMMERCIAL FERTILIZERS
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, containers, or application for registration,
the minimum percentages which will be accepted
for registration. (See table 1.)
TABLE 1
Percent
Calcium (Ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.00
Magnesium (Mg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.50
Sulfur (S) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1.00
Boron (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.02
Chlorine (Cl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.10
Cobalt (Co) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.0005
Copper (Cu) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.05
Iron (Fe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.10
Manganese (Mn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.05
Molybdenum (Mo) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.0005
Sodium (Na) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.10
Zinc (Zn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0.05
133
Guarantees or claims for the above-listed ad-
4-4-2
ditional 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 percent or
more of boron in a water-soluble form or 0.001
percent 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. (Authorized by K.S.A.
2-1210; effective Jan. 1, 1966.)
4-4-2. Inspection fee. The inspection fee
for commercial fertilizers shall be $1.67 for each
2,000 pounds. (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.)
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 tanks 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 tanks 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 customers 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. 4-4986.
(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 com-
134
pounds 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
4-4-901
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 owners or operators
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 secretarys
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.
(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.)
4-4-901. Storage containers and appurtenances; basic requirements. (a) Each storage
container and appurtenance shall be constructed,
135
4-4-902
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. (Authorized
by and implementing K.S.A. 1989 Supp. 2-1277;
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
containers 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. (Authorized by and implementing
K.S.A. 1989 Supp. 2-1227; effective Jan. 14,
1991.)
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
136
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. (Authorized by and implementing K.S.A.
1989 Supp. 2-1227; effective Jan. 14, 1991.)
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. 4-4900 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. (Authorized by and implementing K.S.A. 1989 Supp. 21227; effective Jan. 14, 1991.)
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.
4-4-908
(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. (Authorized by and implementing K.S.A.
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. (Authorized by and implementing K.S.A.
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. (Authorized by and
implementing K.S.A. 1989 Supp. 2-1227; effective
Jan. 14, 1991.)
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 gauges shut-off valve remains
closed except when the amount of material stored
in the storage container is being determined; and
137
4-4-909
(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 manufacturers specifications. (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective
Jan. 14, 1991.)
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.
(c) All descriptions shall be made in letters at
least two inches high. (Authorized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan.
14, 1991.)
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. (Authorized by and implementing K.S.A.
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 liquidtight 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 aboveground container if a pump is installed which
transfers the contents of the sump into the aboveground 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 sec-
138
retary 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. (Authorized by and implementing K.S.A.
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
4-4-920
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. (Authorized
by and implementing K.S.A. 1989 Supp. 2-1227;
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 load-
139
4-4-921
ing 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. (Authorized by
and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)
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;
(C) the volume of the discharged fertilizer;
(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.
(c) All records shall be available for inspection
and copying by the secretary. (Authorized by and
Jan. 14, 1991.)
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
140
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. (Authorized by and
Jan. 14, 1991.)
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
4-4-931
January 13, 1991. (Authorized by and implementing K.S.A. 2-1227; effective Jan. 14, 1991;
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
(C) extend to the outer edge of both sides of
the tank; or
(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. (Authorized by
and implementing K.S.A. 2-1227; effective Jan.
14, 1991; amended Jan. 25, 1993.)
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.
141
4-4-932
(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. (Authorized by and implementing K.S.A.
1993.)
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.
(c) Walls constructed of earth or other permeable materials shall be lined as provided in
K.A.R. 4-4-933.
(d) Earthen walls shall have a horizontal-tovertical 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.
effective Jan. 14, 1991; amended Jan. 25, 1993.)
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.
(c) Synthetic liners.
(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 manufacturers specifications. All field constructed seams shall be tested and repaired, if necessary, in accordance with the manufacturers
recommendations.
(d) Clay soil liners. The surface soil, including
142
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
(C) the newly constructed bottom is tested for
leaks before any fluid fertilizer is stored in the
storage container;
(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.
effective Jan. 14, 1991; amended Jan. 25, 1993.)
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 hydro-
4-4-935
static 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. 4-4921. (Authorized by and implementing K.S.A. 21227; effective Jan. 14, 1991; amended Jan. 25,
1993.)
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
143
4-4-936
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. 44-936.
(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. 44-905.
(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.
(c) Other areas.
(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. (Authorized by and implementing K.S.A.
1993.)
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. 4-4935. (Authorized by and implementing K.S.A.
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.
(c) All secondary containment areas, structures
and devices shall be kept free of debris and foreign matter. (Authorized by and implementing
1991.)
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
144
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. (Authorized by and implementing
1991.)
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.
(c) The plans shall also contain the information
required by K.A.R. 4-4-950.
(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
4-4-953
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.
(Authorized by and implementing K.S.A. 1989
Supp. 2-1227; effective Jan. 14, 1991.)
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
4-4-953. Time frames for construction
plans; dry fertilizer. (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
145
4-4-954

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.
4-4-956. Alternative designs for bulk
fertilizer storage facility. (a) A bulk fertilizer
storage facilitys 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. 4-4900 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. 4-4900 through K.A.R. 4-4-986;
(3) a description of the facilitys system for the
detection of leaks or other malfunctions that
meets the applicable requirements of K.A.R. 4-4900 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. (Authorized
by and implementing K.S.A. 2-1227; effective Jan.

25, 1993; amended July 18, 2003.)
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. (Authorized by
and implementing K.S.A. 2-1227; effective, T-47-1-94, July 1, 1994; effective Aug. 22, 1994;
amended July 18, 2003.)
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. 4-4900 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
146
(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.
effective, T-4-7-1-94, July 1, 1994; effective Aug.
22, 1994; amended July 18, 2003.)
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. (Authorized by and implementing K.S.A. 2-1227; effective, T-4-7-1-94, July
1, 1994; effective Aug. 22, 1994.)
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. 4-4986.
(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;
(C) a water line backflow protection schematic
diagram;
(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
4-4-985
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 manufacturers 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
147
4-4-986
(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. (Authorized by K.S.A. 21227; implementing K.S.A. 2-1228; effective July
18, 2003.)
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 manufacturers 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;
(C) detailed information about liner suspension;
(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 manufacturers 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 doublewalled 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.
148
CERTIFICATE OF FREE SALE

(g) Each applicant shall verify the manufacturers certification that the external tank has been
built to the applicable provisions of the American
petroleum institutes 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. (Authorized by K.S.A. 2-1227; implementing K.S.A.
2-1228; effective July 18, 2003.)
Article 5.AGRICULTURAL LIMING
MATERIALS
4-5-1. Definitions. (a) Fineness of a
product shall be determined by passing a sample
through a number eight (8) and number sixty (60)
U. S. standard sieve, and calculating the percentage by weight of the material which passes
through each sieve.
(b) The fineness factor of a product shall be
calculated as follows: one-half (12) the percent
through a number eight (8) sieve plus one-half
(12) the percent of product which passes through
a number sixty (60) sieve equals fineness factor.
(c) CCE means calcium carbonate equivalent.
(d) ECC means effective calcium carbonate.
The percent of ECC of an agricultural liming material shall be calculated by multiplying the CCE
by the fineness factor. (Authorized by K.S.A. 1981
Supp. 2-2910; implementing K.S.A. 1981 Supp. 22902; effective May 1, 1982.)
4-5-2. Classification. Agricultural liming
materials shall be classified in terms of minimum
CCE as shown in Table 1.
Table 1. Normal Composition of Agricultural
Liming Materials
Materials
Burnt lime
Hydrated lime
Limestone
Industrial by-product (slag)
Shells
Calcium Carbonate
Equivalent (CCE)
percent
140
110
80
80
80
4-6-2
(Authorized by K.S.A. 1981 Supp. 2-2910; implementing K.S.A. 1981 Supp. 2-2903; effective May
1, 1982.)
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. (Authorized by
K.S.A. 1981 Supp. 2-2910; implementing K.S.A.
1981 Supp. 2-2906; effective May 1, 1982.)
Article 6.CERTIFICATE OF FREE SALE
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) This regulation shall be effective on and after January 1, 2009. (Authorized by and implementing L. 2008, Ch. 48, 1; effective Jan. 1,
2009.)
4-6-2. Certificate of free sale. (a) 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:
(1) The name, address, and telephone number
of the person requesting each certificate;
(2) the name of the licensed, registered, or per-
149
4-6-3
mitted establishment where the product was

manufactured;
(3) the name and type of product for which
each certificate is requested;
(4) an original label in English for the product;
(5) the country or countries to which the product is to be shipped;
(6) the number of certificates requested;
(7) if more than one product is included in the
request, specification of which products are to be
listed on each certificate; and
(8) the address to which each certificate is to
be sent.
(b) This regulation shall be effective on and after January 1, 2009. (Authorized by and implementing L. 2008, Ch. 48, 1; effective Jan. 1,
2009.)
4-6-3. Certificate of free sale; fees. (a)
Each person requesting a certificate of free sale
shall pay a $20.00 fee for processing and a $1.00
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.
(e) This regulation shall be effective on and after January 1, 2009. (Authorized by and implementing L. 2008, Ch. 48, 1; effective Jan. 1,
2009.)
Article 7.MILK AND DAIRY
PRODUCTS
A. UNGRADED MILK AND CREAM
FOR HUMAN CONSUMPTION
4-7-1. (Authorized by K.S.A. 1965 Supp. 751401; effective Jan. 1, 1966; revoked Jan. 14,
1991.)
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. (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. 65773; effective Jan. 1, 1966; amended Jan. 14, 1991;
amended Oct. 21, 1991; amended Dec. 20, 2002.)
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. (Authorized by K.S.A. 2001 Supp. 65-772; effective Jan.
1, 1966; amended Dec. 20, 2002.)
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
150
MILK AND DAIRY PRODUCTS
4-7-214
other multiuse containers shall be thoroughly

washed and sanitized before each usage. (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.)
81-24, Aug. 27, 1981; 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.)
1991.)
4-7-213a. (Authorized by K.S.A. 65-720n,

75-1401; implementing K.S.A. 65-701, 65-720n;
effective, T-4-10-30-97, Oct. 30, 1997; effective
Feb. 27, 1998; revoked Dec. 20, 2002.)
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. (Authorized by K.S.A. 2001 Supp. 65-772; effective Jan.
1, 1966; amended Dec. 20, 2002.)
1991.)
4-7-8 to 4-7-99. Reserved.
B. GRADE A MILK AND MILK PRODUCTS
4-7-100 to 4-7-115. (Authorized by

K.S.A. 75-1401, 74-531; effective Jan. 1, 1966; revoked Jan. 1, 1967.)
4-7-116 to 4-7-199. Reserved.
C. MILK FOR MANUFACTURING PURPOSES;
PRODUCTION AND PROCESSING

K.S.A. 75-1401; effective Jan. 1, 1966; revoked, E81-24, Aug. 27, 1980; revoked May 1, 1981.)
4-7-213. Adoption by reference. The
United States department of agricultures recommended requirements titled milk for manufacturing purposes and its production and processing, effective June 17, 2002, 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);
(c) subpart D, section D9; and
(d) subpart F.
Copies of the pertinent portions of these
requirements may be obtained from the Kansas
department of agriculture. (Authorized by K.S.A.
2005 Supp. 65-772 and K.S.A. 65-775; implementing K.S.A. 65-773 and 65-775; effective, E-
4-7-214. Additional definitions. Whenever the following terms are used in the United
States department of agricultures 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.
(c) All references to any form shall mean a
form supplied by the Kansas secretary of
agriculture.
(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. 47-716.
(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 3A 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 manufacturinggrade milk. (Authorized by K.S.A. 2001 Supp. 65772 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,
151
4-7-215
1981; effective May 1, 1981; amended Jan. 14,

1991; amended Feb. 11, 2000; amended Dec. 20,
2002.)
4-7-215. Insertions. (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.)
4-7-216. (Authorized by K.S.A. 2001 Supp.
65-775, as amended by L. 2002, Ch. 181, 16;
implementing K.S.A. 2001 Supp. 65-785 and 74568; effective Feb. 11, 2000; amended Dec. 20,
2002; revoked Sept. 1, 2006.)
(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. (Authorized by and implementing K.S.A. 2001 Supp. 65-772; effective Jan. 1,
1966; amended May 1, 1984; amended Dec. 20,
2002.)
65-720a, 75-1401; effective Jan. 1, 1966; revoked
May 1, 1984.)
75-1401; effective Jan. 1, 1966; revoked Jan. 14,
1991.)
4-7-217 to 4-7-299. Reserved.

D. MILK OR CREAM BUYING
4-7-300 and 4-7-301. (Authorized by

revoked Jan. 14, 1991.)
4-7-302. (Authorized by K.S.A. 75-1401; effective Jan. 1, 1966; revoked Jan. 14, 1991.)
4-7-307 to 4-7-399. Reserved.
E. MILK, CREAM: SAMPLING,
WEIGHING, TESTING

4-7-406. (Authorized by K.S.A. 75-1401; effective Jan. 1, 1966; amended Jan. 1, 1972; revoked Jan. 14, 1991.)
75-1401; effective Jan. 1, 1966; revoked Jan. 14,
1991.)
4-7-409 to 4-7-499. Reserved.
F. FROZEN DAIRY DESSERTS

K.S.A. 1965 Supp. 65-720a, 75-1401; effective
Jan. 1, 1966; revoked May 1, 1984.)
4-7-507. Special dietary frozen desserts.
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. (Authorized by K.S.A. 2005 Supp. 65-772 and K.S.A. 65775; 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.)
4-7-511. (Authorized by K.S.A. 75-1401
and K.S.A. 65-720a as amended by L. 1989, Ch.
190, Sec. 1; implementing K.S.A. 65-720a as
amended by L. 1989, Ch. 190, Sec. 1; effective
March 26, 1990; revoked Dec. 20, 2002.)
and K.S.A. 65-720a as amended by L. 1989, Ch.
190, Sec. 1; implementing K.S.A. 65-720a as
March 26, 1990; revoked Dec. 20, 2002.)
4-7-513. (Authorized by K.S.A. 75-1401,
K.S.A. 1990 Supp. 65-720a and 65-720n; implementing K.S.A. 1990 Supp. 65-720a and 65-720n;
effective March 26, 1990; amended Oct. 21, 1991;
revoked Dec. 20, 2002.)
4-7-514 to 4-7-529. Reserved.
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:
152

(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.
(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.)
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. 4-7530, 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. 4-7530 shall mean the edition of the official methods
of analysis of AOAC international adopted by reference in K.A.R. 4-7-716. (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.)
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. (Authorized by
K.S.A. 2001 Supp. 65-772 and 65-775, as
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.)
4-7-714
dards 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. (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
21, 1991; amended Dec. 20, 2002.)
4-7-534 to 4-7-599. Reserved.
G. GRADE A MILK AND MILK PRODUCTS

K.S.A. 74-531, K.S.A. 1970 Supp. 75-1401; effective Jan. 1, 1967; revoked July 1, 1970, by act of
legislature, see L. 1968, ch. 120, 1.)
4-7-617 to 4-7-699. Reserved.
H. GRADE A PASTEURIZED MILK
AND MILK PRODUCTS
Editors Note:
The effective date of regulations 4-7-700 through 4-7-715 was
delayed until July 1, 1970 (instead of July 1, 1968) by operation
of law. See L. 1968, ch. 120, 1.

65-737a; effective July 1, 1970; amended May 1,
1980; revoked Jan. 14, 1991.)
65-737a; effective July 1, 1970; amended Jan. 1,
1972; revoked May 1, 1980.)
65-737a; effective July 1, 1970; revoked Jan. 14,
1991.)
K.S.A. 1979 Supp. 65-737a; effective July 1, 1970;
revoked May 1, 1980.)
65-737a; effective July 1, 1970; revoked Jan. 14,
1991.)
4-7-533. Coliform and bacteria stan153
4-7-710
to
4-7-714. (Authorized
by
4-7-715
K.S.A. 1979 Supp. 65-737a; effective July 1, 1970;

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. (Authorized by and implementing
K.S.A. 2001 Supp. 65-772; effective July 1, 1970;
amended Jan. 14, 1991; amended Dec. 20, 2002.)
4-7-716. Adoption by reference. (a) The
following documents are hereby adopted by
reference:
(1) Except for sections 1 (II), 2, 9, 15, 16, 17,
and 18, the grade A pasteurized milk ordinance, 2005 revision, including appendices, as
published by the U.S. department of health and
human services, public health service, and food
and drug administration;
(2) the methods of making sanitation ratings
of milk shippers, including appendices, published by the U.S. department of health and human services, public health service, and food and
drug administration, 2005 revision;
(3) the 2005 revision of the procedures governing the cooperative state-public health service/
food and drug administration program of the national conference on interstate milk shipments,
including pages 43 through 63;
(4) the 17th edition of the standard methods
for the examination of dairy products, dated 2004
and published by the American public health
association;
(5) the 17th edition of the official methods of
analysis of AOAC international, volumes I and II,
revision 1, including appendices, dated 2002 and
published by the association of official analytical
chemists; and
(6) the 2003 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.
(b) Copies of the pertinent portions of the material adopted by reference shall be available from
the Kansas department of agriculture.
(c) Each citation in the materials adopted by
reference in this regulation shall refer to the publication in effect on April 3, 2006. (Authorized by
K.S.A. 2005 Supp. 65-772 and K.S.A. 65-775; im-
plementing K.S.A. 65-775; effective May 1, 1980;

amended Dec. 26, 1988; amended Jan. 14, 1991;
amended Oct. 21, 1991; amended July 1, 1992;
amended Aug. 22, 1994; amended Dec. 20, 2002;
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
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. (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.)
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. (Authorized
154

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.)
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
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. (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.)
4-7-720. (Authorized by and implementing
K.S.A. 65-737a as amended by L. 1990, Ch. 220,
Sec. 3; effective Jan. 14, 1991; revoked Dec. 20,
2002.)
K.S.A. 65-737a as amended by L. 1990, Ch. 220,
Sec. 3; effective Jan. 14, 1991; revoked Dec. 20,
2002.)
K.S.A. 1990 Supp. 65-720n and 65-737a; effective
Jan. 14, 1991; amended Oct. 21, 1991; revoked
Dec. 20, 2002.)
4-7-723 to 4-7-799. Reserved.
I. TAXES AND FEES

1982 Supp. 65-708; effective, T-83-25, Oct. 1,
1982; effective May 1, 1983; revoked Oct. 29,
1990.)
K.S.A. 1982 Supp. 65-708, 65-719; implementing
K.S.A. 1982 Supp. 65-708, 65-719; effective, T-
4-7-900
83-25, Oct. 1, 1982; effective May 1, 1983; revoked Oct. 29, 1990.)
and K.S.A. 65-745 as amended by Sec. 3 of 1990
SB 419; implementing K.S.A. 65-745 as amended
by Sec. 5 of 1990 SB 419; effective, T-83-25, Oct.
1, 1982; effective May 1, 1983; amended, T-4-72-90, July 2, 1990; amended Oct. 29, 1990; revoked Dec. 20, 2002.)
1982 Supp. 65-708, 65-719; implementing K.S.A.
1982 Supp. 65-708, 65-719; effective, T-83-25,
Oct. 1, 1982; effective May 1, 1983; revoked Oct.
29, 1990.)
4-7-804. Schedule of fees for non-regulatory laboratory work. (a) Each person for
whom a test is performed by the dairy laboratory
of the Kansas department of agriculture for nonregulatory purposes shall pay the department
$5.00 for each of the following tests:
(1) Standard plate count for raw or pasteurized
milk or milk products;
(2) coliform plate count with confirmation for
raw or pasteurized milk or milk products;
(3) direct microscopic somatic cell count for
raw milk products;
(4) B-lactam analysis with confirmation for raw
and pasteurized milk or milk products;
(5) dairy water coliform bacteria and heterotrophic plate count;
(6) empty container sterility analysis;
(7) thermometer calibration at two temperature points;
(8) added water analysis in raw milk; and
(9) butterfat analysis for raw or retail milk or
milk products.
(b) Each person for whom a test is performed
by the dairy laboratory of the Kansas department
of agriculture for non-regulatory purposes shall
pay the department $10.00 for each of the following tests:
(1) Electronic somatic cell count;
(2) inhibitor analysis other than a B-lactam
analysis; and
(3) aflotoxin analysis.
(c) Any non-regulatory laboratory test may be
refused to be performed by the secretary, at the
secretarys discretion. (Authorized by and implementing K.S.A. 2001 Supp. 65-777; effective Dec.
20, 2002.)
155
4-7-900. Civil penalty; order. Each order
4-7-901
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;
(c) a concise statement of the factual basis for
each alleged violation;
(d) the amount of the civil penalty; and
(e) notice of the respondents right to request
a hearing. (Authorized by K.S.A. 2007 Supp. 65772; implementing K.S.A. 65-788; effective Jan.
22, 1990; amended Dec. 12, 1994; amended Dec.
20, 2002; amended July 18, 2008.)
effective Jan. 22, 1990; amended Dec. 12, 1994;
amended Dec. 20, 2002; revoked July 18, 2008.)
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 secretarys 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. (Authorized by
65-788; effective Jan. 22, 1990; amended Dec. 20,
2002; amended July 18, 2008.)
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 secretarys 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 respondents 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. (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.)
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. (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.)
and 65-720n; implementing K.S.A. 65-770; effective Jan. 22, 1990; amended Dec. 12, 1994; revoked Dec. 20, 2002.)
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
156
NOXIOUS WEEDS
of AOAC international, and the provisions of the
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. (Authorized by K.S.A. 2001 Supp. 65772 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.)
4-7-1001. (Authorized by L. 1990, Ch. 219,
Sec. 17; implementing K.S.A. 65-704 as amended
by L. 1990, Ch. 219, Sec. 4; effective Jan. 14,
1991; revoked Dec. 20, 2002.)
Article 8.NOXIOUS WEEDS
4-8-1 to 4-8-3. (Authorized by K.S.A. 21315; effective Jan. 1, 1966; amended, E-67-3,
April 24, 1967; amended Jan. 1, 1968; amended
Jan. 1, 1972; amended, E-77-19, May 1, 1976;
amended Feb. 15, 1977; revoked May 1, 1982.)
4-8-4. (Authorized by K.S.A. 1971 Supp. 21315; effective Jan. 1, 1966; amended Jan. 1, 1972;
1971 Supp. 2-1315; effective Jan. 1, 1966;
amended, E-67-3, April 24, 1967; amended Jan.
1, 1968; amended Jan. 1, 1972; revoked May 1,
1982.)
4-8-7. (Authorized by K.S.A. 2-1315; effective Jan. 1, 1966; amended, E-67-3, April 24,
1967; amended Jan. 1, 1968; amended Jan. 1,
1972; amended, E-77-19, May 1, 1976; amended
Feb. 15, 1977; revoked May 1, 1982.)
4-8-8. (Authorized by K.S.A. 1971 Supp. 21315; effective Jan. 1, 1966; amended, E-67-3,
April 24, 1967; amended Jan. 1, 1968; amended
Jan. 1, 1972; revoked May 1, 1982.)
amended, E-77-19, May 1, 1976; amended Feb.
15, 1977; revoked May 1, 1982.)
4-8-16
amended Jan. 1, 1972; revoked May 1, 1982.)
4-8-13. Service of notices and statements. Notices and statements required by
K.S.A. 2-1320 shall be deemed sufficient when
given by serving: Upon the landowner or his agent
or trustee; upon the executor or administrator of
an estate of a deceased landowner; upon the
guardian of the estate of a minor or other person
under legal disability; or upon one of several joint
owners; or, one of several tenants in common; by
either: (A) Personal delivery; (B) certified mail.
Such notices and statements may be served by
either: (A) The county, district, or city weed supervisor; (B) a county commissioner; (C) the sheriff; (D) a member of the governing body of a city,
or the marshal, or a policeman of any city, having
jurisdiction over land described in notice or statement. (Authorized by K.S.A. 1965 Supp. 2-1315;
K.S.A. 2-1315; effective May 1, 1982; amended
May 1, 1988; amended Dec. 26, 1988; revoked
Oct. 21, 1991.)
4-8-14a. Definitions of herbicides approved for cost share. The Kansas department
of agricultures document titled approved herbicides for cost share, dated December 20, 2006,
is hereby adopted by reference. (Authorized by
and implementing K.S.A. 2006 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.)
157
4-8-16. (Authorized by K.S.A. 2-1315; im-
4-8-17
plementing K.S.A. 2-1315; effective May 1, 1982;

amended May, 1 1986; revoked May 1, 1988.)
4-8-27. Adoption of musk thistle control
program. (a) The control practices contained in
the official musk thistle control program, published by the Kansas department of agriculture on
November 1, 2006, are hereby adopted by reference and shall apply to the control and eradication
of musk thistle in the state of Kansas. In addition,
the biological control plans specified in K.A.R. 48-41 may also be used for the control and eradication of musk thistle in the state of Kansas.
(b) Copies of this publication shall be available
from the Kansas department of agriculture, in the
Topeka, Kansas office. (Authorized by and implementing K.S.A. 2006 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.)
4-8-28. Adoption of johnsongrass control program. (a) The control practices contained in the official johnsongrass control program, published by the Kansas department of
agriculture on November 1, 2006, are hereby
adopted by reference and shall apply to the control and eradication of johnsongrass in the state of
Kansas.
1, 1988; amended Jan. 25, 1993; amended Sept.
27, 1993; amended Oct. 27, 2000; amended Aug.
6, 2004; amended April 27, 2007.)
4-8-29. Adoption of field bindweed control program. (a) The control practices contained in the official field bindweed control program, published by the Kansas department of
adopted by reference and shall apply to the control and eradication of field bindweed in the state
of Kansas.
6, 2004; amended April 27, 2007.)
4-8-30. Adoption of hoary cress control
the official hoary cress control program, published by the Kansas department of agriculture on
of hoary cress in the state of Kansas.
6, 2004; amended April 27, 2007.)
4-8-31. Adoption of Russian knapweed
control program. (a) The control practices contained in the official Russian knapweed control
program, published by the Kansas department of
adopted by reference and shall apply to the con-
158
NOXIOUS WEEDS
trol and eradication of Russian knapweed in the
state of Kansas.
1, 1988; amended Aug. 6, 2004; amended April
27, 2007.)
4-8-32. Adoption of bur ragweed (bursage) control program. (a) The control practices
contained in the official bur ragweed (bursage)
control program, published by the Kansas department of agriculture on January 1, 2004, are
hereby adopted by reference and shall apply to
the control and eradication of bur ragweed in the
state of Kansas.
1, 1988; amended Sept. 27, 1993; amended Oct.
27, 2000; amended Aug. 6, 2004.)
4-8-33. Adoption of Canada thistle control program. (a) The control practices contained in the official Canada thistle control program, published by the Kansas department of
adopted by reference and shall apply to the control and eradication of Canada thistle in the state
of Kansas.
1, 1988; amended Jan. 25, 1993; amended Aug. 6,
2004; amended, T-4-3-29-06, March 29, 2006;
4-8-34. Adoption of leafy spurge control
the official leafy spurge control program, published by the Kansas department of agriculture on
of leafy spurge in the state of Kansas.
1, 1988; amended Oct. 29, 1990; amended Oct.
27, 2000; amended Aug. 6, 2004; amended, T-4-
4-8-38
5-20-05, May 20, 2005; amended, T-4-3-29-06,

March 29, 2006; amended April 27, 2007.)
4-8-35. Adoption of quackgrass control
the official quackgrass control program, published by the Kansas department of agriculture on
of quackgrass in the state of Kansas.
1, 1988; amended Aug. 6, 2004; amended April
27, 2007.)
4-8-36. Adoption of pignut control program. (a) The control practices contained in the
official pignut control program, published by
the Kansas department of agriculture on January
1, 2004, are hereby adopted by reference and shall
apply to the control and eradication of pignut in
the state of Kansas.
1, 1988; amended Aug. 6, 2004.)
4-8-37. Adoption of kudzu control program. (a) The control practices contained in the
official kudzu control program, published by the
Kansas department of agriculture on January 1,
2004, are hereby adopted by reference and shall
apply to the control and eradication of kudzu in
the state of Kansas.
1, 1988; amended Aug. 6, 2004.)
4-8-38. Secretarys approval of county,
city or district weed supervisor employment.
(a) The secretary of the state board of agriculture shall conditionally approve the employment
of each county, city or district weed supervisor
who:
(1) has been employed as a weed supervisor by
a county or city commission;
(2) has earned a high school diploma or equivalent; and
(3) has two years experience in governmental
or commercial weed control work or in agricul-
159
4-8-39
tural production. Two years experience in college

or trade school training related to weed control
work may be substituted for work experience in
weed control.
(b) Final approval of the employment shall be
issued by the secretary when the county, city or
district weed supervisor has:
(1) obtained certification as a pesticide applicator in category 9a, regulatory pest control, noxious weed control, under the provision of K.S.A.
2-2438a et seq.; and
(2) successfully completed the noxious weed
basic short course offered by the Kansas state
board of agriculture, plant health division.
(c) The secretary shall renew approval of the
employment of a previously approved county, city
or district weed supervisor who:
(1) is still employed by the same county, city or
district; and
(2) is currently certified as a pesticide applicator as outlined in subparagraph (b)(1) of this
regulation; and
(3) has timely filed the annual weed eradication progress report and any other records or reports requested by the agency.
(d) The secretarys approval of the employment of any county, city, or district weed supervisor shall be withdrawn when the weed supervisor has failed to comply with any of the conditions
in paragraph (c) of this regulation without just
cause. (Authorized by K.S.A. 2-1315; implementing K.S.A. 2-1316; effective May 1, 1988.)
4-8-39. Adoption of multiflora rose control program. (a) The control practices contained in the official multiflora rose control program, published by the Kansas department of
adopted by reference and shall apply to the control and eradication of multiflora rose in the state
of Kansas.
1, 1988; amended Jan. 1, 1989; amended Oct. 21,
1991; amended Aug. 6, 2004; amended April 27,
2007.)
4-8-40. Adoption of sericea lespedeza
control program. (a) The control practices contained in the official sericea lespedeza control
program, published by the Kansas department of
agriculture on January 1, 2004, are hereby
adopted by reference and shall apply to the control and eradication of sericea lespedeza in the
state of Kansas.
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.)
4-8-41. Biological control plan. (a) No
person shall use any predator, parasite, diseasecausing organism, or any other substance or
method to provide biological control of musk thistle without first having prepared a biological control plan that meets the requirements of this regulation. Each biological control plan shall state the
area where biological controls are proposed. No
person shall implement any part of a biological
control plan unless that person first obtains both
the written recommendation of the county noxious weed director for the area described in the
plan and the written approval of the secretary.
The location of a biological control area may be
limited to specific areas where the application of
herbicides would be difficult or inappropriate.
(b) No organism shall be used for the biological
control of musk thistle except Rhinocyllus conicus, Trichosirocalus horridus, or any other organism approved by the Kansas department of agriculture as being effective for this purpose.
(c) A continuous musk thistle-free border shall
be maintained around each site where biological
control methods are used. This border zone shall
be maintained free of musk thistle by either the
application of approved chemicals or the use of
approved cultural practices.
(d) Based upon the criteria set forth in subsection (e) below, the width of the border shall be
specified by the county noxious weed director of
the county in which the proposed biological control site is located. The width of the border shall
not be less than 150 feet.
(e) The width of the border shall reflect the
county noxious weed directors consideration of
the following factors:
(1) The direction of the prevailing wind during
the months of June and July;
(2) the presence of any shelter belts or hedgerows;
(3) the direction of the slope of the terrain;
160
CARCASS BEEF, CALF AND VEAL; GRADES

(4) the density of the musk thistle population;
and
(5) the density of the population of the organism to be used.
(f) Each approved biological control area plan
shall meet all of the following requirements:
(1) Herbicide treatments for the control of
musk thistle, when necessary, shall be made only
during the periods from October 1st through April
15th.
(2) Hay shall not be moved from within the
biological control area unless the biological control area has been inspected and certified as musk
thistle-free by the county noxious weed director
within the seven days preceding the harvesting of
the hay.
(3) The appropriate noxious weed control program shall be used to control any other noxious
weed located within the biological control area.
(g) Failure to comply with any provision of an
approved biological control plan or any provision
of the Kansas noxious weed law or any rule and
regulation promulgated thereunder shall constitute grounds for revocation of the biological control plan by the secretary. No approved biological
control plan shall be revoked before the applicant
has been given an opportunity to appear before
the secretary or the secretarys designee regarding
the proposed revocation. (Authorized by and implementing K.S.A. 2-1315; effective June 1, 1992;
amended Oct. 27, 2000.)
4-8-42. Adoption of bull thistle control
the official bull thistle control program, published by the Kansas department of agriculture on
of bull thistle in the state of Kansas.
Topeka, Kansas office. (Authorized by and implementing K.S.A. 2006 Supp. 2-1315; effective Oct.
27, 2000; amended Aug. 6, 2004; amended, T-43-29-06, March 29, 2006; amended April 27,
2007.)
4-8-43. Noxious weeds; declaration of
county as a sericea lespedeza disaster area.
The board of county commissioners of any county
may petition the Kansas secretary of agriculture
to declare that county to be a sericea lespedeza
disaster area. (a) The petition form, which shall
4-9-4
be provided by the secretary, shall include the following information:

(1) The number of acres of sericea lespedeza
identified on private land;
(2) the number of acres of sericea lespedeza
identified on public land;
(3) the approximate amount of expenditures by
private and public land managers to control the
infestation;
(4) the county mil levy for noxious weeds and
the extent to which the acres infested by sericea
lespedeza are being treated; and
(5) a specific, practical action plan detailing the
countys approach to contain and manage the
acres infested with sericea lespedeza in the
county.
(b) Following approval of the petition by the
board of county commissioners, the petition shall
be submitted to the secretary for approval or
denial.
(c) A county may be designated as a sericea lespedeza disaster area by the secretary based upon
the following criteria:
(1) The percent of land area in the county estimated to be infested with sericea lespedeza;
(2) the percent of acres known to have been
treated for sericea lespedeza;
(3) a designation of whether or not the county
is an exporter of native hay or mulch;
(4) the percent of mil levy for weed control that
is dedicated to sericea lespedeza control; and
(5) a specification of whether the acreage of sericea lespedeza is equal to or greater than two percent of any of the following:
(A) The total land area of the county;
(B) the amount of private land in the county;
or
(C) the amount of public land in the county.
(d) Random spot checks of counties designated
as sericea lespedeza disaster areas may be conducted by the secretary to ensure consistent implementation as approved in the action plan. (Authorized by and implementing K.S.A. 2-1315, as
amended by L. 2002, Ch. 37, Sec. 1; effective, T4-1-2-03, Jan. 2, 2003; effective April 18, 2003.)
Article 9.CARCASS BEEF, CALF
AND VEAL; GRADES
4-9-1 to 4-9-4. (Authorized by K.S.A. 74531; effective Jan. 1, 1966; revoked May 1, 1979.)
161
4-10-1
Article 10.ANHYDROUS AMMONIA

4-10-1. Definitions. (a) Tank or container means any vessel designed and constructed for the storage and handling of anhydrous
ammonia.
(b) Gas means anhydrous ammonia in either
the gaseous or liquefied state.
(c) Designed pressure means maximum allowable working pressure.
(d) 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.
(e) System means an assembly of equipment
consisting essentially of the container or containers, appurtenances, pumps, compressors, and interconnecting piping.
(f) Capacity means the total volume of a container measured in standard U.S. gallons of 231
cubic inches, unless otherwise specified.
(g) Filling density means the percent ratio of
the weight of gas in a container to the weight of
water the container will hold at 60 F.
(h) F means Fahrenheit.
(i) Code means parts UG-1 through UG-136
inclusive, entitled general requirements for all
methods of construction and all materials and
parts UF-1 through UF-125, entitled requirements for pressure vessels fabricated by forging,
both as published in section VIII, division 1, of
the ASME boiler and pressure vessel code, July
1, 1992 edition, as the context requires.
(j) ASME schedule 80 or ASME schedule
40 means pipe specifications contained in the
specification for pipe, steel, black and hotdipped, zinc-coated welded and seamless and the
accompanying appendices, as published in section
II, of the ASME boiler and pressure vessel code,
July 1, 1992 edition.
(k) PSIG means pounds per square inch
gauge pressure.
(l) ASME means American society of mechanical engineers.
(m) Implement of husbandry means a farm
wagon-type vehicle or application unit which has
an anhydrous ammonia container mounted on it
and which is used for transporting anhydrous ammonia from a source of supply to farms or fields,
or from one farm or field to another.
(n) Public assembly area means any building,
structure, or area used by a gathering of persons
for civic, political, travel, religious, recreational or

education purposes, or for the involuntary detention of persons.
(o) Non-code welding means welding which
does not comply with parts UW-1 through UW65, entitled requirements pertaining to methods
of fabrication of pressure vessels, as published in
section VIII, division 1, of the ASME boiler and
pressure vessel code, July 1, 1992 edition.
(p) Permanent storage container means tank
or container having a volume of not less than
3,000 water gallons which is used in the sale or
dispensing of anhydrous ammonia. The permanent storage container may be mounted on either
piers or skids.
(q) Permanent storage installation means
any assembly of equipment consisting of appurtenances, pumps, compressors, interconnecting
pipes, not at least one permanent storage container. (Authorized by and implementing K.S.A.
1971; amended Jan. 1, 1973; amended May 1,
1986; amended, T-87-9, May 1, 1986; amended
Jan. 25, 1993.)
Jan. 1, 1971; amended Jan. 1, 1973; amended May
1, 1986; amended, T-87-9, May 1, 1986; revoked
May 1, 1987.)
4-10-2a. Basic rules for approval of
equipment and systems. (a) Before installing or
relocating a stationary anhydrous ammonia container or permanent unloading facility, the owner
shall submit to the secretary a detailed diagram
showing:
(1) the location of the container or facility in
relation to boundary lines of the property on
which the container or facility is to be located;
(2) any source of drinking water within 50 feet
of the container;
(3) any facility storing petroleum products
within 50 feet of the container; and
(4) each public assembly area, hospital, nursing
home or home for the aged within 1,000 feet of
the stationary container or permanent unloading
facility.
(b) No person shall install or use any system
for supplying anhydrous ammonia unless the system is safe and adequate, and unless the tank, system and appurtenances comply with K.A.R. 4-101 et seq.
162
ANHYDROUS AMMONIA
(c) No person shall fill a container with anhydrous ammonia unless the container bears a manufacturers name plate showing that it is a code
container and complies with K.A.R. 4-10-1 et seq.
(d) No person shall transfer or deliver any anhydrous ammonia into a container having defects
which are plainly apparent.
(e) No person shall deliver or transfer anhydrous ammonia into any container without the
consent of the owner of the container. (Authorized by and implementing K.S.A. 2-1212; effective
May 1, 1987.)
4-10-2b. Basic rules for construction
and testing of containers, including skid systems, other than refrigerated storage tanks.
(a) Each container used with a system that is subject to K.A.R. 4-10-4, 4-10-5, 4-10-6 or 4-10-7
shall be constructed and tested in accordance with
the code.
(b) Each container whose diameter exceeds 36
inches or whose capacity exceeds 250 gallons shall:
(1) be stress-relieved after fabrication in accordance with the code;
(2) use cold-formed heads that have been
stress-relieved; or
(3) use hot-formed heads.
(c) Each container, except refrigerated storage
tanks with a design pressure of less than 15 psig,
constructed as required by K.A.R. 4-10-1 et seq.,
shall be inspected by a person having a current
certificate of competency from the national board
of boiler and pressure vessel inspectors.
(d) The provisions of K.A.R. 4-10-2b (a) shall
not prohibit the continued use of containers constructed and maintained in accordance with any
prior edition of the code. The burden of proof of
compliance shall be on the person invoking this
paragraph.
(e) A pressure test of storage tanks and tanks
mounted on implements of husbandry shall be
conducted after any accident involving structural
damage to the pressure vessel. (Authorized by and
implementing K.S.A. 2-1212; effective May 1,
1987.)
4-10-2c. Basic rules for markings on
containers and systems. (a) Each container or
system that is subject to K.A.R. 4-10-4, 4-10-5, 410-6 or 4-10-7 shall be marked:
(1) With a statement that the container complies with the code under which the container was
constructed and any other marks required by that
code;
4-10-2d
(2) With a notation as to whether the system is

designed for underground or aboveground installation, or both;
(3) With the name and address of the supplier
of the system or the trade name of the system,
and date of manufacture;
(4) With the water capacity of the container in
pounds or U.S. standard gallons;
(5) With the working pressure, in pounds per
square inch, for which the container is designed;
(6) With the wall thickness of the shell and
heads;
(7) With a notation of the maximum level to
which the container may be filled with liquid at
liquid temperatures between 20 F. and 100 F.
Such a notation shall not be required for containers provided with fixed, maximum-level indicators, or for containers which are filled by weighing. Markings shall be in increments of not more
than 20 F.; and
(8) With outside surface area in square feet.
Each required mark shall be on the container itself or on a nameplate permanently affixed
thereto.
(b) All main operating valves on permanently
installed containers having a capacity of over 3,000
water gallons shall be identified to show whether
the valve is in liquid or vapor service. The method
of identification may be by legend or color code
and shall be placed within 12 inches of the valve
by means of a stencil, tag, or decal. (Authorized
by and implementing K.S.A. 2-1212; effective
May 1, 1987.)
4-10-2d. Basic rules for location of permanent storage containers. (a) Permanent
storage containers shall be located outside of
buildings other than those buildings specifically
constructed for this purpose. Permanent storage
containers shall be located:
(1) at a distance not less than 50 feet from either the line of any property upon which a building may be erected or from a source of drinking
water, or both;
(2) at a distance not less than 1,000 feet from
any public assembly area; and
(3) at a distance not less than 1,000 feet from
any hospital, nursing home, or home for the aged.
The plant site shall be large enough to permit an
easy flow of traffic in and out of the plant, storage
of implements of husbandry and adequate access
for emergency personnel.
(b) Stationary containers used for the storage
163
4-10-2e
of anhydrous ammonia shall be located not less

than 50 feet from containers of petroleum
products.
(c) From and after May 1, 1988, each new permanent storage container or unloading facility
shall be located outside of municipalities or other
densely populated areas unless the location has
been approved in writing by the appropriate local
governing body. Each existing permanent storage
container or unloading facility located in a municipality or densely populated area shall not be relocated within the municipality or densely populated area without first obtaining written approval
from the appropriate local governing body. (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1987; amended May 1, 1988;
amended Dec. 26, 1988.)
4-10-2e. Basic rules for container valves
and appurtenances. (a) All shut-off valves and
appurtenances shall be suitable for use with anhydrous ammonia and designed for not less than
the maximum pressure to which they will be subjected. Valves which may be subjected to container pressures shall have a rated working pressure of at least 250 psig, except valves for
refrigerated storage tanks shall have a rated working pressure at least equal to the maximum pressure to which they may be subjected.
(b) All connections to containers, except safety
relief connections and gauging devices, shall have
manually operated shut-off valves located as close
to the container as practicable.
(c) Liquid level gauging devices which are so
constructed that outward flow of the containers
content does not exceed that passed by a No. 54
drill size opening shall not be required to be
equipped with excess flow valves.
(d) Openings from the container or through fittings attached directly on the container to which
pressure gauge connection is made need not be
equipped with an excess flow valve if such openings are protected by an opening not larger than
a No. 54 drill size opening.
(e) All excess flow valves shall be plainly and
permanently marked with the name or trademark
of the manufacturer, the catalog number, and the
rated capacity.
(f) Excess flow valves required by these regulations shall close automatically at the rated flows
of vapor or liquid as specified by the manufacturer. The connections and line, including valves
and fittings, protected by one or more excess flow
valves shall have a greater capacity than the rated

flow of these excess flow valves so that these valves
will close in case of failure at any point in the line
or fittings.
(g) Excess flow and back pressure check valves
shall be located inside the container or at an outside point where the line enters the container. In
the latter case, installation shall be made in such
a manner that any undue strain beyond the excess
flow or back pressure check valve will not cause
breakage between the container and such valve.
An excess flow valve shall be installed in any pipe
with a diameter which is smaller than the pipe to
which it is attached on the end leading from the
container. A backflow check valve or a properly
sized excess flow valve shall be located at the point
where attachment is made to fill the container.
(h) Each excess flow valve shall be designed
with a by-pass, not to exceed a No. 60 drill size
opening, to allow equalization of pressures. (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1987.)
4-10-2f. Basic rules for piping, tubing,
and fittings. (a) All 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. Fittings for refrigerated storage tanks shall
have a rated working pressure at least equal to the
maximum pressure to which they may be subjected. No cast iron bushings, plugs, or pipe fittings shall be allowed in the lines or connections.
(b) Galvanized pipe shall not be used. Screwed
joints may be used only with extra heavy (ASME
schedule 80) pipe. Black steel or iron pipe of at
least 800 psig minimum bursting pressure (ASME
schedule 40) may be used provided pipe joints are
welded or joined by means of welding type
flanges. Pipe joint compounds shall be resistant to
ammonia.
(c) All pipe lines shall be installed as nearly as
possible in a straight line with a minimum amount
of pipe, and shall not be restricted by an excessive
number of elbows and bends. Where nipples are
used, they shall be of extra-heavy, seamless type.
(d) Rigid connections or all-metal flexible connections with a bursting pressure of 1,000 psig
shall be used for permanent installations. Other
types of flexible connections may be used for temporary installations.
(e) Provisions shall be made for expansion,
contraction, jarring, vibration and for settling.
164
ANHYDROUS AMMONIA
Short sections of flexible connections may be used
for this purpose.
(f) Adequate provisions shall be made to protect all exposed piping from physical damage that
might result from moving machinery, the presence of automobiles or trucks, or any other undue
strain that may be placed upon the piping.
(g) After assembly, all piping and tubing shall
be tested at a pressure not less than the normal
operating pressure of the system to establish that
no leaks exist. (Authorized by and implementing
K.S.A. 2-1212; effective May 1, 1987.)
4-10-2g. General rules for hose specifications and assemblies. (a) Each hose and each
hose connection shall be fabricated of materials
that are resistant to the action of anhydrous
ammonia.
(b) Each hose subject to container pressure
shall be designed for a minimum working pressure of 350 psig and a minimum burst pressure of
1750 psig. Hose assemblies shall be capable of
withstanding a test pressure of 500 psig.
(c) Hose and hose connections located on the
low pressure side of flow control or pressure-reducing valves or devices discharging to atmospheric pressure shall be designed for a minimum
working pressure of 60 psig. All connections shall
be designed, constructed and installed so that
there will be no leakage when connected.
(d) If a liquid transfer hose is not drained of
liquid upon completion of a transfer operation,
the hose shall be equipped with an approved shutoff valve at the discharge end. Provisions shall be
made to prevent excessive hydrostatic pressure in
the hose.
(e) On all hoses that are at least 12 inch in diameter and which are used in ammonia service
and subject to container pressure, the following
information shall be etched, cast or impressed at
five foot intervals: Anhydrous Ammonia, XXX
psig (Maximum Working Pressure), manufacturers name or trademark, year of manufacture.
(f) Except as specified below, each hose shall
be replaced prior to or upon the expiration of the
manufacturers recommended service life for that
hose. Service life commences on the date the hose
is installed. Ammonia hoses made with the following reinforcement materials shall be replaced as
follows:
(1) rayonwithin two years from the date of
installation;
4-10-2h
(2) nylonwithin four years from the date of

installation;
(3) kevlarwithin four years from the date of
installation;
(4) stainless steelwithin six years from the
date of installation.
(g) Hoses shall be removed from service if a
visual examination reveals:
(1) cuts exposing reinforcing fabric;
(2) soft spots or bulges in the hose;
(3) a blistering or loose outer covering;
(4) any unusual abuse including kinking or flattening by a vehicle;
(5) indications that the hose may have been
stretched; or
(6) slippage at any coupling.
(h) Hoses shall have either ASME schedule 80
factory-installed ends or reusable ASME schedule
80 hose ends designed for use with anhydrous ammonia. (Authorized by and implementing K.S.A.
2-1212; effective May 1, 1987.)
4-10-2h. General rules for safety devices. (a) Each container used with systems subject to K.A.R. 4-10-4, 4-10-5, 4-10-6, or 4-10-7
shall be provided with one or more safety relief
valves of a spring-loaded type or a valve of an
equivalent type.
(b) Container safety relief valves shall be set to
start-to-discharge at a pressure not less than 95
percent of and not more than 100 percent of the
design pressure of the container.
(c) Safety relief valves used on containers or
systems shall be constructed to completely discharge before the pressure exceeds 120 percent
of the design pressure of the container.
(d) Safety relief valves shall be arranged to
minimize the possibility of tampering. If the pressure setting or adjustment is external, the relief
valves shall be provided with a satisfactory means
for sealing adjustment.
(e) Shut-off valves shall not be installed between the safety relief valves and the container,
except that a shut-off valve may be used when the
valve is arranged in a manner that affords full required capacity flow through the relief valve.
(f) The discharge from safety relief devices
shall not terminate in or beneath any building or
other confined area.
(g) All safety relief valve discharge openings
shall have suitable raincaps that will allow free discharge of the vapor and prevent the entrance of
water. The flow capacity of the safety relief valve
165
4-10-2i
shall not be restricted by any connection to it on

either the upstream or downstream side. (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1987.)
4-10-2i. General rules regarding filling
densities and transfer of liquids. (a) Filling
densities.
(1) Anhydrous ammonia containers shall not be
filled to more than 85 percent of their capacity by
volume.
(2) All containers filled according to liquid
level by any gauging method, other than a fixedlength dip tube gauge, shall have a thermometer
well so that the internal liquid temperature can be
easily determined and the amount of liquid and
vapor in the container can be easily corrected to
a 60 F. basis.
(b) Transfer of liquids.
(1) At least one attendant shall supervise the
transfer of liquids from the time the connections
are first made until they are finally disconnected.
(2) Containers shall be gauged and charged
only in the open air or in buildings especially provided for that purpose.
(3) Pumps used for transferring anhydrous ammonia shall be recommended and labeled for anhydrous ammonia service by the manufacturer.
(A) Liquid pumps shall be designed for 250
psig working pressure.
(B) Positive displacement pumps shall have installed at the discharge port, a constant differential relief valve that discharges through a line of
sufficient size to carry the full capacity of the
pump at the relief valve setting. The relief valves
shall be installed and set according to the pump
manufacturers recommendation.
(C) A fully operational pressure gauge graduated from 0 to 400 psi shall be installed on the
discharge side of the pump and before the relief
valve line.
(D) Shut-off valves shall be installed within
three feet of the inlet of the pump and within two
feet of the discharge.
(4) Compressors used for transferring or refrigerating anhydrous ammonia shall be recommended and labeled for anhydrous ammonia service by the manufacturer.
(A) Compressors may be of the reciprocating
or rotary type and shall be designed for 250 psig
working pressure.
(B) Plant piping shall contain shut-off valves
which shall be located as close as is practical to

the compressor connections.
(C) A relief valve large enough to discharge the
full capacity of the compressor shall be connected
to the discharge before any shut-off valve. The
discharging pressure of this valve shall not exceed
300 psig.
(D) Compressors shall have fully operational
pressure gauges graduated from 0-400 psi at suction and discharge.
(E) Adequate means to minimize the entry of
liquid into the compressor, such as a drainable
liquid trap, shall be provided on the compressor
suction.
(5) In addition to the excess flow valves in the
liquid and vapor connections of the storage container and the tank car or truck, an excess flow
valve or backflow check valve shall be installed in
the piping connecting the storage container with
the tank car or truck, close to the point where the
piping and hose are joined.
(6) Flammable gases or gases which will react
with anhydrous ammonia, such as air, shall not be
used to unload tank cars or transport trucks. (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1987; amended May 1, 1988.)
4-10-2j. General requirements for tank
car and transport truck unloading points and
operations. (a) The track of tank car siding shall
be substantially level.
(b) A sign reading StopTank Car Connected shall be displayed at the active end or
ends of the siding while the tank car is connected
for unloading.
(c) While cars are on a side track for unloading,
the wheels at both ends shall be blocked on the
rails.
(d) Except as specified in K.A.R. 4-10-5a, tank
cars and transport trucks shall be unloaded only
through a permanently installed loading point and
into a permanently located bulk storage tank. No
anhydrous ammonia shall be unloaded directly
from a railroad tank car into a transport truck or
other portable container.
(e) Loading and unloading systems shall be
protected by suitable devices to prevent emptying
of the storage container or loading or unloading
of the container if the hose is severed. Backflow
check valves or properly sized excess flow valves
shall be installed where necessary to provide this
protection. If these valves are not practical, remotely operated shut-off valves may be installed.
166
ANHYDROUS AMMONIA
(f) Tank cars and transport trucks shall be unloaded into a permanent, approved unloading site
that discharges into a portable acid-fertilizer conversion unit producing liquid fertilizer if both of
the following conditions are met:
(1) The conversion unit is approved for use by
the Kansas department of health and environment
pursuant to K.S.A. 65-3001 et seq. and amendments thereto.
(2) Approved air-operated valves that normally
are closed are used in the line connecting the
source of anhydrous ammonia and the conversion
unit. (Authorized by and implementing K.S.A. 21212; effective May 1, 1987; amended April 13,
2001.)
4-10-2k. General rulesmiscellaneous
provisions. (a) Liquid level gauging device.
(1) Each container, except containers filled by
weight, shall be equipped with a liquid level gauging device of approved design.
(2) Each gauging device shall be arranged so
that the maximum liquid level to which the container may be filled is readily determinable.
(3) Each gauging device that requires bleeding
of the product to the atmosphere shall be so designed that the bleed valve maximum opening is
not larger than a No. 54 drill size, unless provided
with an excess flow valve. This requirement shall
not apply to containers subject to K.A.R. 4-10-7.
(4) Gauging devices shall have a design pressure at least equal to the design pressure of the
storage tank on which they are used.
(5) Each liquid level gauge shall be so designed
that the maximum volume of the container filled
by liquid shall not exceed 85 percent of its water
capacity. The coupling into which the fixed liquid
level gauge is threaded shall be placed a the 85
percent level of the container. If located elsewhere, the dip tube of this gauge shall be installed
in such a manner that it cannot be readily removed, such as by the use of a nipple attached
directly to the coupling or to a multiheaded valve.
(6) Gauge glasses of the columnar type shall be
restricted to bulk storage installations. Gauge
glasses shall be equipped with valves having metallic handwheels, with excess flow valves, and
with extra heavy glass adequately protected with
a metal housing applied by the gauge manufacturer. The Gauge glasses shall be shielded against
the direct rays of the sun.
(b) Painting. The reflective surfaces of each
above ground container shall be maintained in
4-10-4
good condition. Surfaces that require paint shall

be painted with white or any other light-reflecting
color.
(c) Reports. Each accident involving the storage, transportation or application of anhydrous
ammonia shall be reported by the owner or operator of the anhydrous ammonia storage or
equipment involved to the secretary or the secretarys authorized representative so that an investigation of the accident may be made. Each
required report shall be made by telephone within
72 hours after the accident followed by a written
report that must be mailed within five working
days after the accident.
(d) Railroad tank cars. Railroad tank cars shall
not be used for the storage of anhydrous ammonia
unless they are retested and meet the requirements of these regulations.
(e) Welding on containers. Non-code welding,
if necessary, shall be made only on saddles or
brackets originally welded to the container by the
manufacturer. Non-code welding directly to the
container or any parts subject to pressure shall not
be permitted.
(f) Use of containers for other service. Anhydrous ammonia containers of 3,000-gallon water
capacity or under shall not be used for any other
commodity.
(g) This regulation shall become effective on
January 1, 1989. (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1987;
amended May 1, 1988; amended Jan. 1, 1989.)
4-10-4. Stationary, pier, skid-mounted,
or underground non-refrigerated storage installations. Each stationary, pier, skid-mounted,
or underground non-refrigerated storage installation shall meet the following requirements.
(a) Design pressure of containers. Each container shall be constructed in accordance with
K.A.R. 4-10-2b and shall have a minimum design
pressure of 250 psig.
(b) Installation of storage containers.
(1) Each container installed aboveground shall
be provided with substantial 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 with sufficient width
167
4-10-4
and thickness to support adequately the total

weight of the containers and their contents. If the
tank is equipped with bottom withdrawal, the
tanks foundation shall maintain the lowest point
of the tank at not less than 18 inches above ground
level. If the load-bearing surface of a skid assembly has sufficient area to properly support the
skid-mounted tank, reinforced concrete footings
or foundations are not required.
(2) Each horizontal aboveground container
shall be mounted on its foundation in such a manner as to permit 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. Suitable corrosion prevention measures shall be utilized on
any portion of the container which is in contact
with either the foundation or saddles.
(3) Secure anchorage or adequate pier height
shall be provided to prevent container flotation
during high flood water.
(c) Container valves and appurtenances.
(1) All containers shall be equipped with a
fixed, liquid level gauge.
(2) Each container shall be equipped with a
fully operational pressure indicating gauge with a
dial graduated from 0-400 psig.
(3) Each filling connection shall be fitted with
an approved combination back pressure check
valve and excess flow valve.
(4) Each container shall be equipped with an
approved vapor return valve. Except for safety relief valves and those connections specifically exempted by K.A.R. 4-10-2e(b) and K.A.R. 4-102e(d), each vapor or liquid connection shall be
equipped with either approved excess flow valves
or with approved quick-closing internal valves
which shall remain closed except during periods
of operation.
(d) Safety devices. Each container shall be provided with one or more spring-loaded or equivalent safety relief valves. Each container shall also
comply with the following requirements:
(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 open air from a height of at least seven
feet above the working area. The secretary or an
authorized representative of the secretary may
grant a variance where venting of safety relief
valves as previously described is hazardous, economically unfeasible, structurally unsound or for
other just cause.
(2) Vent pipes shall not be restricted or smaller

in size than the relief valve outlet connection. All
relief valve discharges shall have suitable rain
caps. Suitable provision shall be made to drain any
accumulated condensate.
(3) Vent pipes from two or more safety relief
devices located on the same container, or similar
lines from two or more different containers, 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.
(e) Marking of containers.
(1) Each tank or group of tanks shall be marked
on at least two sides either with the words caution ammonia or anhydrous ammonia in
sharply contrasting colors with letters not less than
six inches high.
(2) From and after May 1, 1989, the name of
the storage facility and the name and telephone
number of individuals to be contacted in case of
an emergency shall be posted on the storage facility using letters not less than two inches high.
(f) Capacity of containers. Individual storage
container capacity shall be limited only by good
engineering practice.
(g) Protection of tank appurtenances.
(1) All container appurtenances shall be protected from tampering and mechanical damage
and shall also be protected during transportation
of containers. Manually controlled valves which,
if open, would allow gas to discharge into the atmosphere, shall be kept locked during non-business hours.
(2) Storage containers shall be grounded.
(3) All areas occupied by storage installations
shall be kept free of dry grass and other readily
ignitable materials.
(4) Containers and appurtenances shall be protected from damage by vehicles.
(h) Testing of damaged containers. Damaged
containers shall be tested by a person certified as
required by K.A.R. 4-10-2b(c).
(i) Safety. All stationary plants shall have readily available the following equipment for emergency and rescue purposes:
(1) An approved gas mask with current ammonia canisters having intact seals which covers
the entire face;
(2) One pair of rubber or suitable plastic protective gloves;
(3) One pair of rubber or suitable plastic protective boots;
168
ANHYDROUS AMMONIA
(4) One rubber or suitable plastic protective
slicker or rubber or suitable plastic protective rain
suit, or both;
(5) An easily accessible shower or a container
of clean water of sufficient size to immerse or
cleanse an individual; and
(6) A flexible-fitting, splash-proof pair of
goggles.
(j) Electrical equipment.
(1) The conduit system and electrical equipment for use at ammonia storage installations may
be general purpose, dust-tight, or weather-resistant as appropriate.
(2) Electrical systems shall be installed and
grounded in a manner approved by state or local
ordinance.
(3) Electrical switches for each pump shall be
installed at a remote distance from the pump.
(k) Venting Procedure.
(1) Anhydrous ammonia shall be vented into an
adequate portable supply of water. Any aqueous
ammonia solution resulting from the venting process shall be disposed of safely and properly.
(2) Anhydrous ammonia shall not be vented
into the air. Each transport truck unloading point
at an anhydrous ammonia facility shall have a valve
for venting purposes installed in the piping at or
near the point where the piping and the hose from
the transport truck are connected. In the alternative, anhydrous ammonia from any transport
truck hose shall be vented into an adequate portable supply of water supplied by the anhydrous
ammonia facility. For this purpose, an adequate
supply of water means five gallons of water for
each gallon of liquid ammonia or fraction thereof
which could be contained in the hose. Any aqueous ammonia solution resulting from the venting
process shall be disposed of properly. (Authorized
by and implementing K.S.A. 2-1212; effective Jan.
1, 1966; amended Jan. 1, 1966; amended Jan. 1,
1986; amended, T-87-9, May 1, 1986; amended
May 1, 1987; amended May 1, 1988.)
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 ac-
4-10-5
cordance 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 316 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.
fixed liquid level gauge.
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
169
4-10-5
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. 4-102e(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
(C) a suitable meter.
(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. (Authorized by and
170
ANHYDROUS AMMONIA
1973; amended May 1, 1986; amended, T-87-9,
May 1, 1988; amended April 13, 2001.)
4-10-5a. Tank trucks and semitrailers
used to transport anhydrous ammonia for infield delivery. (a) 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 K.A.R. 4-10-2j
and K.A.R. 4-10-5(m) if the following requirements are met:
(1) Either the tank truck or the semitrailer
transferring the anhydrous ammonia, or the implement of husbandry shall carry a container holding at least 100 gallons of water for whole-person
rinsing if any anhydrous ammonia escapes.
(A) The water container shall be clearly
marked for safety use, be readily accessible, and
maintain the temperature of the water above
freezing.
(B) The container and the water shall be visibly
clean and free of debris.
(2) A container of water, separate from the water for rinsing specified in paragraph (a)(1) of this
regulation, shall be present at the delivery site
when loading the implement of husbandry. This
separate container of water shall be used in accordance with K.A.R. 4-10-4(k) for the venting of
anhydrous ammonia, shall be maintained to prevent the water from freezing, and shall hold no
less than 100 gallons of water.
(3) Any tank truck, semitrailer, and implement
of husbandry subject to this regulation may be inspected by the department of agriculture.
(4) 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.
(5) When transferring anhydrous ammonia as
authorized under this regulation, all vehicles,
tanks, and hoses involved with the transfer shall
be located according to the following limits:
(A) At a distance not less than 1,000 feet from
any public assembly area; and
(B) at a distance not less than 1,000 feet from
any occupied building; and
(C) at a distance not less than 50 feet from containers of petroleum products; and
4-10-6
(D) at a distance not less than 50 feet from any

state or federal highway or any railway.
(6) The transfer of anhydrous ammonia shall
not occur on any public roadway or the adjoining
shoulder of a public roadway.
(b) All other regulations regarding the transportation of anhydrous ammonia shall apply unless in direct conflict with this regulation.
(c) Each meter used to weigh or measure anhydrous ammonia shall meet all of the requirements of weighing and measuring devices set
forth in K.S.A. chapter 83, and amendments
thereto, and any regulations adopted by the secretary. (Authorized by and implementing K.S.A.
2-1212; effective April 13, 2001.)
4-10-6. Systems mounted on implements of husbandry for the transportation of
anhydrous ammonia. Each system that is
mounted on an implement of husbandry, and that
is used for transporting anhydrous ammonia, shall
meet the following requirements:
(a) Design pressure of containers. (1) Each
container shall be constructed in accordance with
K.A.R. 4-10-2(b) and shall have a minimum design pressure of 250 psig.
(2) The shell or head thickness of any container
shall not be less than 316 of an inch.
(3) Each container having a capacity in excess
of 500 gallons capacity shall be equipped with
suitable semi-rigid baffle plates.
(b) Mounting containers.
(1) A suitable stop or stops shall be
mounted on the vehicle or on the container to
prevent the container from being dislodged from
its mounting when the vehicle stops suddenly.
(2) A suitable hold down device shall anchor
the container to the vehicle at one or more places
on each side of the container.
(3) Containers mounted on four-wheel trailers
shall have their weight distributed evenly over
both axles.
(4) If the cradle and the tank are not welded
together, suitable material shall be used between
them to eliminate metal-to-metal friction.
fixed liquid level gauge.
(2) Each container which has a capacity in excess of 250 water gallons shall be equipped with
a pressure indicating gauge having a dial graduated from 0-400 psi.
(3) Each filling connection shall be fitted with
171
4-10-6
an approved combination back-pressure check

valve and excess-flow valve or an internal excessflow valve.
(4) Each container which has a capacity of at
least 250 gallons shall be equipped with an approved vapor return valve.
(5) Except for safety relief valves and those devices and openings specifically exempted by
K.A.R. 4-10-2(e)(3) and K.A.R. 4-10-2(e)(4), each
vapor or liquid connection shall be equipped with
an approved excess-flow valve.
(6) Fittings shall be adequately protected from
physical damage.
(7) Each hose and each connection installed in
the bottom of a container shall not be lower than
the lowest horizontal edge of the vehicle axle.
(8) The entire length of each hose shall be secured during transit in such a manner to prevent
damage to any portion of the hose or to the
connections.
(9) When hoses are removed, fittings shall be
capped to prevent accidental discharge of
ammonia.
(d) Marking of container.
(1) Each side and the rear of every container
shall be marked with the words caution ammonia on a background of sharply contrasting colors
in letters at least four inches high. In addition, the
following information shall appear on each implement of husbandry:
(A) the owners name;
(B) the owners place of business;
(C) the phone number of a person to contact
in an emergency; and
(D) an alphabetical or numerical identification
symbol on the implement of husbandry.
(2) Each anhydrous ammonia container shall
also have applied thereon a decal giving the following information:
CAUTION
ANHYDROUS AMMONIA
(UNDER PRESSURE)
READ CAREFULLY
(A) Keep away from pop-off valve marked .
This is a safety device and shall not be tampered
with or adjusted.
(B) Stand upwind when working around
equipment.
(C) Wear goggles and rubber gloves when
transferring product and bleeding hoses.
(D) Do not fill tank in excess of 85% full.
(E) 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.
(F) Slowly bleed hoses after transferring
product.
(G) Close valves firmly but do not wrench.
(H) Do not permit children near this
equipment.
(I) Park equipment away from buildings or any
possible fire hazards. Never allow tanks to be subjected to extreme heat.
(J) Do not attempt any repairs of this equipment. In event of any failure, call your dealer
immediately.
(K) Do not operate this equipment until you
have received instructions from your dealer.
(3) All valves shall be labeled or color coded as
liquid or vapor valves.
(e) Safety attachment, construction, water,
speed, and limitation on implements of husbandry. (1) Each implement of husbandry shall
meet the following requirements: (A) Each implement of husbandry shall be securely attached
to the pulling vehicle by a safety pin or ball of
proper size. The safety pin or ball shall be of
proper size for the weight pulled. The safety pin
or ball shall be supplemented by suitable welded
safety chains. The links of the safety chain shall
be made of steel and shall:
(i) be at least 516 inch in diameter when the
tank capacity is not more than 1,000 gallons;
(ii) be at least 38 inch in diameter when the
tank capacity exceeds 1,000 gallons; or
(iii) have a breaking strength that exceeds the
gross weight of the pulled vehicle. The safety
chain shall be tied off to the pulling vehicle, and
to the tongue of the pulled vehicle.
(B) Each implement of husbandry shall be
constructed to follow substantially in the path of
the pulling vehicle. The towed vehicle shall not
swerve dangerously from side to side.
(C) A five gallon container of water shall be
carried on all tanks containing anhydrous ammonia. When the temperature is near or below freezing, five gallons of water shall be carried inside
the pulling vehicle.
(2) No person shall pull a tank containing anhydrous ammonia at a speed faster than is reasonable and safe under existing conditions.
(3) No person shall pull more than one implement of husbandry which is designed to contain
anhydrous ammonia.
(4) Except in an emergency, no person shall
park any implement of husbandry designed to
172
ANHYDROUS AMMONIA
contain anhydrous ammonia on any public street
or other thoroughfare. (Authorized by and implementing K.S.A. 2-1212; effective Jan. 1, 1966;
amended Jan. 1, 1971; amended Jan. 1, 1973;
4-10-7. Systems mounted on implements of husbandry for the application of anhydrous ammonia. Each system utilizing containers mounted on implements of husbandry for
the application 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. 4-10-2(b) and shall have a
minimum design pressure of 250 psig.
(2) The shell or head thickness of any container
shall not be less than 316 of an inch.
(b) Mounting of containers. All containers and
flow-control devices shall be securely mounted.
(1) Each container shall have a fixed liquid
level gauge.
(2) The filling connection shall be fitted with
either an approved combination back pressure
check valve or a positive shut-off valve in conjunction with either an internal back pressure
check valve or an internal excess flow valve.
(3) An excess flow valve shall not be required
in the vapor connection whenever the valve is
hand-operated and the diameter of the controlled
orifice does not exceed 716 inch.
(4) Pressure regulation equipment may be connected directly to the tank coupling or flange, by
utilizing a flexible connection between regulation
equipment and the remainder of the liquid withdrawal system. Pressure regulation equipment not
so installed shall be flexibly connected to the container shut-off valve.
(5) No excess flow valve shall be required in
the liquid withdrawal service line between the
contents of the container and the outlet of the
shut-off valve whenever the diameter of the controlling orifice does not exceed 716 inch.
(6) Each container shall be equipped with an
operational pressure-indicating gauge having a
dial graduated from 0-400 psi.
(d) Vehicles used for application of anhydrous
ammonia shall not be used for transportation of
the product on roads or highways.
(e) A five gallon container for water shall be
carried on all tanks containing anhydrous ammonia. When temperature is near or below freezing,
4-10-7
five gallons of water shall be carried inside the

pulling vehicle.
(f) Marking of container. (1) Each side and the
rear of every container shall be marked with the
words Caution Ammonia or Anhydrous Ammonia on a background of sharply contrasting
colors in letters at least four inches high. The
name of the tanks owner, the place of business,
and the phone number of a person to be contacted
in an emergency shall be posted on the tank. Each
implement of husbandry shall be identified by a
sequential alphabetical or numerical figure affixed
thereto.
(2) Each valve shall be labeled or color coded
to designate liquid or vapor.
(3) Each anhydrous ammonia container shall
have a decal, at least eight inches by ten inches in
size, giving substantially 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 should not be tampered with or adjusted.
(C) Stand up-wind when working around
equipment.
(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.
(L) Do not operate this equipment until you
have received instructions from your dealer. (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.)
173
4-10-8

1970 Supp. 2-1212; effective Jan. 1, 1966;
4-10-10 to 4-10-14. Reserved.
4-10-15. Adoption by reference. The
state board of agriculture bulletin entitled
Guidelines to Kansas Anhydrous Ammonia Regulations and Inspections as published in May 1,
1988, is hereby adopted by reference. Copies of
this material or the pertinent portions of it are
available from the office of control, division of inspections of the state board of agriculture, Topeka, Kansas. (Authorized by and implementing
K.S.A. 2-1212; effective May 1, 1987; amended
May 1, 1988.)
4-10-16. Reactor units for production of
ammoniated solutions. (a) Reactor units shall
operate only at sites approved by the secretary.
(b) When removing anhydrous ammonia from
tank cars or trucks to manufacture ammoniated
solutions, portable reactor units shall be equipped
with approved safety devices. These safety devices
shall include:
(1) Approved air operated or manually operated remote controlled shut-off devices located
both on the tank car connection immediately preceding the hose attachment and on the discharge
side of the pump; and
(2) a back check pressure valve on the inlet for
the portable reactor.
(c) When anhydrous ammonia is transported to
a stationary reactor unit in an implement of husbandry, the implement of husbandry shall be
equipped with a manually operated remote controlled shut-off device on the discharge valve immediately preceding any hose attachments, and a
back check pressure valve installed in the rigid
piping leading to the reactor unit at the point of
connection for the transfer hose. The implement
of husbandry shall be monitored at all times during the manufacturing process. The transfer hose
shall be disconnected from the reactor unit when
the reactor unit is not operating.
(d) The required air-operated or manually operated remote controlled shut-off device shall be
tested prior to each production run of ammoniated solutions and at least once every 24 hours
during the production run.
(e) The operator of a portable reactor unit shall
notify the secretary in writing of each location
where a portable reactor will be operating at least

72 hours prior to its operation.
(f) No person shall operate any reactor unit
that does not comply with these regulations.
(g) Safety equipment. Each reactor unit shall
have on hand the following equipment for emergency and rescue purposes:
(1) An approved, full-face type gas mask with
ammonia canisters;
(2) a container or hydrant of clean water of sufficient size to immerse or cleanse an individuals
body;
(3) one pair of gloves made of rubber or other
suitable protective material;
(4) one pair of rubber or suitable plastic boots;
(5) one rubber or suitable plastic slicker or
rubber or suitable plastic pants and jacket or both;
and
(6) flexible, fitted, splash proof goggles.
(h) This regulation shall become effective on
January 1, 1989. (Authorized by and implementing K.S.A. 2-1212; effective May 1, 1986;
amended May 1, 1988; amended Jan. 1, 1989.)
4-10-17. Proof of inspection seal. (a)
Proof of inspection seal shall be a decal or pressure sensitive seal which shows the date on which
the permanent storage container was inspected.
(b) No proof of inspection seal shall be affixed
to a permanent storage container unless the container has been inspected and found to comply
with the applicable requirements of K.A.R. 4-101 et seq., at the time of inspection.
(c) From and after May 1, 1989, no person
shall fill a permanent storage container with anhydrous ammonia from a rail car or transport
truck unless the permanent storage container has
affixed to it a proof of inspection seal issued within
the preceding 365 calendar days. (Authorized by
and implementing K.S.A. 2-1212; effective May 1,
1988.)
Article 11.EGGS
4-11-2. Definitions. (a) Advertisement
shall mean any of the following:
(1) Placard;
(2) handbill;
(3) sign;
(4) newspaper advertisement;
174
EGGS
(5) radio, internet, or television advertisement;
or
(6) any other means of calling the consumers
attention to eggs.
(b) Carton shall mean a container of 18 eggs
or less.
(c) Case, for inspection fee purposes, shall
mean a container of more than 15 dozen and not
more than 30 dozen eggs.
(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 secretarys authorized representative. (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.)
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.
4-11-8
(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. (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.)
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. (Authorized by K.S.A. 2-2504; effective Jan. 1, 1966;
4-11-5. (Authorized by K.S.A. 2-2502, 74531; effective Jan. 1, 1966; amended Jan. 1, 1969;
4-11-6. (Authorized by K.S.A. 2-2504; effective Jan. 1, 1966; amended Jan. 1, 1972; revoked June 25, 2004.)
4-11-7. (Authorized by K.S.A. 2-2504; effective Jan. 1, 1966; amended Jan. 1, 1972; revoked June 25, 2004.)
4-11-8. Sampling requirements. The
minimum number of samples specified in the following table shall be drawn for inspection accord-
175
4-11-9
ing 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.
Size of lot
(cases or half cases)
1 ............................
2 through 10 ...........
11 through 25 ...........
26 through 50 ...........
51 through 100 ..........
101 through 200 ..........
201 through 300 ..........
301 through 400 ..........
401 through 500 ..........
501 through 600 ..........
Minimum number of
samples to be drawn
(cases or half cases)
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. (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.)
4-11-15. License fee. The annual fee for
an egg license shall be $5.00. (Authorized by
K.S.A. 2-2504; implementing K.S.A. 2-2508, as
amended by L. 2006, Ch. 90, 6; effective, T-411-2-06, Nov. 2, 2006; effective Feb. 9, 2007.)
1
2
3
4
5
8
11
13
14
16
Article 12.PEST CONTROL

1965 Supp. 2-2403; effective Jan. 1, 1966; revoked
May 1, 1982.)
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. (Authorized by K.S.A. 2-2504 and 2-2505;
1966; amended June 25, 2004.)
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 halfcase 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. (Authorized by K.S.A. 2-2504; implementing K.S.A. 2-2504 and 2-2507; effective
Jan. 1, 1966; amended June 25, 2004.)
4-11-12. (Authorized by K.S.A. 2-2502, 74531; effective Jan. 1, 1966; amended Jan. 1, 1969;
4-11-13. (Authorized by K.S.A. 2-2502, 74531; effective Jan. 1, 1966; revoked May 1, 1982.)
4-11-14. Adoption by reference. In the
United States standards, grades, and weight classes for shell eggs, AMS 56, published by the
USDAs agricultural marketing service and effective July 20, 2000, sections 56.200 through 56.217,
except for section 56.215, are hereby adopted by
Article 13.PESTICIDES
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
176
PESTICIDES
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.
(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.)
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:
4-13-3
(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, social security
number, and birth date of each non-certified employee who applies pesticides for the applicant;
(f) the categories 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.
(Authorized by and implementing K.S.A. 2-2440,
as amended by L. 2002, Ch. 181, Sec. 3, and
K.S.A. 2-2467a; effective, E-78-26, Sept. 7, 1977;
effective May 1, 1978; amended July 18, 2003.)
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 com-
177
4-13-3
mercial 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.
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PESTICIDES
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
4-13-4
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. (Authorized by
K.S.A. 2006 Supp. 2-2440 and K.S.A. 2-2467a; implementing K.S.A. 2006 Supp. 2-2444a and K.S.A.
2-2467a; effective, E-78-26, Sept. 7, 1977; effective May 1, 1978; amended Feb. 29, 2008.)
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 ve-
179
4-13-4a
locity, if any, and the applicators 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. (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-7826, Sept. 7, 1977; effective May 1, 1978; amended
Jan. 1, 1991.)
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 licensees 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 pesticides 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 pesticides 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;
(C) for seed treatment;
(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 pesticides 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 customers 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 multipletenant 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 tenants 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:
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PESTICIDES
(1) The diagram required by K.S.A. 22455(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. (Authorized by K.S.A. 2-2467a; implementing K.S.A. 2-2455; effective March 26, 1990;
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
4-13-7
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. 4-134a except the name and address of the pesticide
business licensee.
(b) This regulation shall be in force from and
after January 1, 1991. (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.)
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 112 inches in height and in a
color contrasting from that of the vehicle. (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.)
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 appli-
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4-13-8
cator 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). (Authorized by
and implementing K.S.A. 2-2467a and K.S.A. 22471; effective, E-78-26, Sept. 7, 1977; effective
May 1, 1978; amended July 18, 2003.)
4-13-8. Surety bond requirement. Any
surety bond submitted by a pesticide business licensee to comply with the provisions of K.S.A. 22448 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. (Authorized by K.S.A. 1988 Supp. 2-2467a as
K.S.A. 2-2448 as amended by L. 1989, Ch. 6, 17;
1978; amended May 1, 1983; amended March 26,
1990.)
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 report 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. This report shall provide the full name, home address,
social security number, and birth date of each certified and uncertified applicator of pesticides
listed in the report. The $15.00 fee shall revert to
$10.00 on and after July 1, 2010, unless this date
is modified by statute. (Authorized by K.S.A. 22467a; implementing K.S.A. 2006 Supp. 2-2440;
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.)
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. (Authorized by K.S.A. 1977 Supp. 2-2467a; effective, E78-26, Sept. 7, 1977; effective May 1, 1978.)
2-2467a; implementing K.S.A. 2-2444a and K.S.A.
1987 Supp. 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 Jan. 1, 1989; revoked Feb.
29, 2008.)
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. (Authorized by K.S.A. 1977 Supp. 2-2467a;
1978.)
4-13-13. Commercial applicator examinations. (a) Each general core examination for
commercial applicator certification shall test the
applicants knowledge in the following subjects, in
addition to testing the applicants 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 individ-
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PESTICIDES
uals; 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 applicants
practical knowledge of the category or subcategory of certification in which the applicant wishes
to be certified, in addition to testing the applicants 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 applicants practical knowledge of the crops grown in Kansas and
the specific pests commonly associated with these
crops, potential soil and water damage, preharvest
4-13-13
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 applicants
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 applicants 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 applicants 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 applicants 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 applicants 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 applicants practical knowl-
183
4-13-13
edge 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
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 applicants 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 applicants
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 applicants 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 applicants 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 applicants practical knowledge of the
wide variety of environments crossed by rights-ofway, problems of runoff, drift and excessive foliage destruction, the nature of herbicides, the need
for containment of herbicides within the right-ofway area, and the impact of the applicators 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 applicants 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 applicants 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 applicants 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 applicants 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
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
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PESTICIDES
test the applicants 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 applicants 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 applicants practical knowledge of vectordisease 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
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
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
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 applicators particular activity.
(c) A grade of at least 75% correct answers shall
4-13-14
be required to pass each commercial applicator

examination. (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.)
4-13-14. Private applicator examination. Initial examinations for certified private applicators shall be taken in the presence of a representative of the Kansas State Board of
Agriculture or the Kansas State University Extension Service. The applicant for this certification is
required to answer 75% of the questions correctly
to pass the examination.
Examinations for private applicator certification
shall test the applicants knowledge in those subject areas set out in K.S.A. 2-2445 involving pest
control practices associated with the applicants
agricultural operation and the applicants legal responsibility as a certified applicator of restricted
pesticides. The applicant will be tested to determine the applicants ability to:
(1) Recognize common pests to be controlled
and damage caused by them;
(2) read and understand the label and labeling
information including the common name of the
pesticide he applies; pest or pests to be controlled;
timing and methods of application; safety precautions; any pre-harvest re-entry restrictions; and
any specific disposal procedures;
(3) 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;
(4) recognize local environmental situations
that must be considered during application to
avoid contamination;
(5) recognize poisoning symptoms and procedures to follow in case of a pesticide accident; and
(6) understand federal and state supervisory
requirements, including labeling, which must be
met by a certified private applicator in supervising
non-certified application of restricted pesticides.
This includes verifiable instruction of the applicator, availability during application and added restrictions which may be imposed for specific pes-
185
4-13-15
ticides through labeling. Such restrictions may

include the required physical presence of the supervising applicator during the application. (Authorized by K.S.A. 1977 Supp. 2-2467a, as
K.S.A. 2-2445a, as amended by L. 1987, Ch. 13,
1; effective, E-78-26, Sept. 7, 1977; effective
May 1, 1978; amended May 1, 1988.)
4-13-17. Report of address change by

certified applicators. Any certified commercial
applicator shall notify the secretary of any change
in his or her mailing address by the tenth day of
the month following the month during which such
change occurred. (Authorized by K.S.A. 1977
Supp. 2-2467a; effective, E-78-26, Sept. 7, 1977;
effective May 1, 1978.)
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 applicators 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. (Authorized by K.S.A.
1989 Supp. 2-2467a; implementing K.S.A. 22441a; effective, E-78-26, Sept. 7, 1977; effective
May 1, 1978; amended June 4, 1990.)
4-13-18. Disposal of pesticides and containers. Any unused pesticide and any empty pesticide container shall be stored in the same manner as the pesticide involved until such 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 should be directed to the Kansas State
Board of Agriculture; Kansas State University, Extension Service; Kansas Department of Health
and Environment; or the United States Environmental Protection Agency. (Authorized by K.S.A.
1977 Supp. 2-2467a; effective, E-78-26, Sept. 7,
1977; effective May 1, 1978.)
4-13-16. Supervision of uncertified applicators. An uncertified applicator of restricted

use pesticides shall be considered to be under the
supervision of a certified applicator when the certified applicator has provided the uncertified applicator with detailed instructions in the handling
and application of the pesticide being used. The
certified applicator shall be available to the uncertified applicator by telephone, 2-way radio or
other comparable means of communication during the times the restricted use pesticide is being
applied. The certified applicator shall be physically present when such presence is required by
the pesticide label. The certified applicator shall
verify that the above requirements were met
when requested to do so by the secretary or the
secretarys authorized representative. Additionally, any uncertified applicator of restricted use
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. (Authorized by K.S.A.
2-2467a, as amended by L. 1987, Ch. 12, 5; implementing K.S.A. 2-2441a; effective, E-78-26,
Sept. 7, 1977; effective May 1, 1978; amended, T88-46, Nov. 10, 1987; amended May 1, 1988.)
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. (Authorized by K.S.A. 1980 Supp. 2-2467a;
May 1, 1981.)
4-13-20. Pesticide business license, renewal, and uncertified employee 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 individual 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, 2010, regardless of
when the application is received by the agency.
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PESTICIDES
The $140.00 pesticide business license fee shall
revert to $112.00 on and after July 1, 2010, unless
this date is modified by statute. The $15.00 uncertified employee fee shall revert to $10.00 on
and after July 1, 2010, unless this date is modified
by statute. (Authorized by K.S.A. 2006 Supp. 22440 and K.S.A. 2-2467a; implementing K.S.A.
2006 Supp. 2-2440; 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.)
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, 2010, regardless
of when the application is received by the agency.
The $50.00 government agency registration fee
shall revert to $35.00 on and after July 1, 2010,
unless this date is modified by statute. (Authorized by K.S.A. 2006 Supp. 2-2440 and K.S.A. 22467a; implementing K.S.A. 2006 Supp. 2-2440;
effective, T-83-36, Nov. 10, 1982; effective May
1, 1983; amended, T-4-6-27-02, July 1, 2002;
4-13-22. Application fee for commercial
applicators certificate. The application fee for
a commercial applicators certificate shall be
$50.00 for each category in which the applicant
applies. This regulation shall apply to all commercial applicator certificates, or renewals of these
certificates, that will be effective through June 30,
2010, regardless of when the application is received by the agency. The $50.00 application fee
for a commercial applicators certificate shall revert to $35.00 on and after July 1, 2010, unless
this date is modified by statute. (Authorized by
K.S.A. 2006 Supp. 2-2441a and K.S.A. 2-2467a;
implementing K.S.A. 2006 Supp. 2-2441a; effective, T-83-36, Nov. 10, 1982; effective May 1,
1983; amended, T-4-6-27-02, July 1, 2002;
4-13-23. Examination fees. The examination fee for a commercial applicators certificate
shall be $35.00 through June 30, 2010, for each
category in which the applicant is to be examined.
The same fee shall apply if the applicant seeks
reexamination. The $35.00 examination fee shall
revert to $25.00 on and after July 1, 2010, unless
4-13-25
this date is modified by statute. (Authorized by

K.S.A. 2006 Supp. 2-2443a and K.S.A. 2-2467a;
implementing K.S.A. 2006 Supp. 2-2443a; effective, T-83-36, Nov. 10, 1982; effective May 1,
1983; amended, T-4-6-27-02, July 1, 2002;
4-13-24. Certified private applicators
certificate fee. The certified private applicators
certificate fee shall be $25.00. This regulation
shall apply to certified private applicators certificates that will be effective through June 30, 2010,
regardless of when the application is received by
the agency. The $25.00 certified private applicators certificate fee shall revert to $10.00 on and
after July 1, 2010, unless this date is modified by
statute. (Authorized by K.S.A. 2006 Supp. 22445a and K.S.A. 2-2467a; implementing K.S.A.
2006 Supp. 2-2445a; effective, T-83-36, Nov. 10,
1982; effective May 1, 1983; amended, T-4-6-2702, July 1, 2002; amended Oct. 25, 2002; amended
Feb. 29, 2008.)
4-13-25. Bulk pesticide storage and
handling of pesticides; definitions. As used in
K.A.R. 4-13-25 through 4-13-25k, 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 a standard
temperature and pressure and is stored 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 identified in K.A.R. 4-1325b.
(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. 4-13-25l.
187
4-13-25a
(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 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 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) Inspection port means a secured opening
that allows access into the interior of a bulk pesticide storage container for the purpose of
inspection.
(l) 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.
(m) 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.
(n) Mobile container means a bulk pesticide
container that is designed and used for transporting bulk pesticides.
(o) Owner or operator shall include any agent
or employee of an owner or operator and mean
any of the following:
(1) A dealer of pesticides as defined by K.S.A.
2-2469 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 ad-
dressed 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 individual responsible for the bulk
storage of pesticides as defined by subsection (b).
(p) 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.
(q) Primary containment means the bulk pesticide container. However, synthetic container liners incapable of containing bulk pesticides independent of the support of another container shall
not be considered primary containment.
(r) 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 owners
or operators knowledge of conditions at the time
the condition was created or the decision was
made.
(s) Reportable event means any release of
pesticide from a facility not contained by secondary containment that is required to be reported to
the secretary of agriculture.
(t) Secondary containment means any structure, tank, or container that is designed, constructed, and maintained to intercept, hold, contain, or confine a discharge of pesticide from
primary containment and to contain spills, prevent
runoff, and avoid leaching.
(u) 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. (Authorized by and
implementing K.S.A. 2-2467a and 2-2471; effective May 1, 1985; amended Dec. 27, 2002.)
4-13-25a. Exemptions. (a) The regulations found in K.A.R. 4-13-25 through K.A.R. 413-25k 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;
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PESTICIDES
(2) a sealed or an unopened pesticide manufacturers 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. (Authorized by and implementing K.S.A. 2-2467a and
2-2471; effective Dec. 27, 2002.)
4-13-25b. Quantities of bulk pesticide.
(a) A bulk pesticide shall be subject to the requirements of K.A.R. 4-13-25 through K.A.R. 4-13-25l
if it is stored, loaded, or unloaded in a container
designed for either of the following:
(1) Quantities greater than 55 gallons liquid
measure; or
(2) quantities greater than 100 pounds net dry
weight.
(b) A facility shall be subject to the requirements of K.A.R. 4-13-25 through K.A.R. 4-13-25l
if either of the following conditions is met:
(1) 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.
(2) 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.
(Authorized by and implementing K.S.A. 2-2467a
and 2-2471; effective Dec. 27, 2002.)
4-13-25c. Location, design, and construction requirements of a bulk pesticide
storage facility. Each owner or operator shall
meet the following requirements: (a) 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. The
facility shall be designed, constructed, and main-
4-13-25d
tained to accommodate all reasonably foreseeable

loading and unloading conditions, including the
anticipated wheel load of a vehicle or collision of
a vehicle with a container or an appurtenance. Asphalt shall not be used as a material in the construction of a facility. Reasonable alternatives in
materials and design that adequately serve the intended purpose shall be considered.
(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 of pesticides.
(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 use of a permanent cover.
(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. (Authorized by and
implementing K.S.A. 2-2467a and 2-2471; effective Dec. 27, 2002.)
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 shall contain a minimum of 110 percent of the capacity of
the largest single bulk pesticide container in ad-
189
4-13-25e
dition to the displacement of tanks, appurtenances, fixtures, equipment, and material located
within the secondary containment.
(b) The secondary containment shall be constructed of sufficient thickness, density, and composition to contain any discharged material and
shall be leakproof with cracks, seams, and joints
sealed.
(c) The floor of the secondary containment shall
drain to a sump.
(d) The sump shall be drained by an on-site
operator.
(e) Any outlet or drain within the secondary
containment shall be permanently plugged and
sealed. The secondary containment exterior shall
not have a relief outlet or valve. Sanitary and
storm sewer drains shall not be located within the
secondary containment.
(f) Secondary containment shall be constructed
to allow the interior and exterior of the walls to
be viewed.
(g) A soil liner shall not be considered adequate
for the secondary containment of pesticides. Masonry block, clay, natural soil-clay mixtures, claybentonite mixtures, and prefabricated bentonite
liners shall not be used as secondary containment.
However, sealant-coated concrete blocks may be
used if the facility owners or operators use of the
blocks is approved in writing by the manufacturer
of the pesticide.
(h) A synthetic liner used to line the secondary
containment shall be installed and maintained according to the liner manufacturers 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 manufacturers specifications, directions, and recommendations. The liner shall be
replaced if it cannot be repaired to meet the
requirements of K.A.R. 4-13-25 through K.A.R.
4-13-25l. 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. (Authorized by and implementing K.S.A. 2-2467a and 2-2471; effective
Dec. 27, 2002.)
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 con-
nected 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 mixing and loading pad shall drain liquids to
a sump or other discrete point of recovery. The
mixing and loading pad shall not have any recovery
points other than to a sump or other discrete recovery point.
(c) The sump shall be drained by an on-site operator. (Authorized by and implementing K.S.A.
2-2467a and 2-2471; effective Dec. 27, 2002.)
4-13-25f. Requirements for storage
containers and appurtenances for bulk pesticides. 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 may 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) Every bulk pesticide container connection,
except for safety relief connections, shall be
equipped with a shutoff valve accessible and located within the secondary containment. Shut-off
valves shall be left closed and secured except
while the stored pesticide is being removed from
the container.
(c) Bulk pesticide containers and appurtenances shall be adequately supported to prevent
sagging.
(d) Sight gauges shall not be permitted on storage containers.
(e) 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.
(f) Each bulk pesticide container shall be de-
190
PESTICIDES
signed to protect against excessive internal pressure or vacuum.
(g) Each bulk pesticide container used for storage shall be marked clearly to identify the pesticide stored in the container. (Authorized by and
implementing K.S.A. 2-2467a and 2-2471; effective Dec. 27, 2002.)
4-13-25g. Discharge, recovery, and reporting requirements. (a) Each owner or operator shall recover promptly any discharge of a
pesticide. The owner or operator may use the recovered pesticide for its intended purpose if it can
be used according to the recovered pesticides 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 reportable event.
(Authorized by and implementing K.S.A. 2-2467a
and 2-2471; effective Dec. 27, 2002.)
4-13-25h. Submission of structural plans.
(a) Within one year following the effective date of
this regulation, the owner or operator of each existing or proposed bulk pesticide storage facility
shall submit to the secretary a diagram, plans, and
specifications of the facility. The plans and specifications shall include the existing or proposed 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 diagram shall be
drawn to scale and shall be legible without
magnification.
(b) The diagram, plans, and specifications of the
bulk pesticide storage facility shall be submitted
in a form prescribed by the secretary and, at a
minimum, shall contain 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;
4-13-25i
(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 pesticide storage; and
(14) any other information required by the
secretary.
(c) Whenever an existing storage facility is remodeled significantly or an existing structure is
converted to use as a bulk pesticide storage facility, the diagrams, plans, and specifications for the
remodeling or conversion of a building to a facility
shall be submitted by the owner or operator of
the facility to the secretary for review before the
remodeling or conversion begins. The diagrams,
plans, and specifications shall contain all the information required in subsection (b) of this
regulation.
(d) In no event shall construction, remodeling,
or conversion of an existing or proposed facility
commence unless the applicant receives notice
that the secretary requires no additional information.
(e) The construction, remodeling, conversion,
and maintenance of a facility shall conform with
the plans identified in the notice and required by
K.A.R. 4-13-25a through K.A.R. 4-13-25l. (Authorized by and implementing K.S.A. 2-2467a and
2-2471; effective Dec. 27, 2002.)
4-13-25i. Compliance dates. (a) Each
owner or operator of a facility shall comply with
the following:
(1) Within nine months after the effective date
of this regulation, the owner or operator of a facility in existence or under construction on the
effective date of this regulation who contends that
the facility is in compliance with K.A.R. 4-13-25
through K.A.R. 4-13-25l shall certify on a form
prescribed by the secretary that the facility meets
or exceeds all the requirements of these regula-
191
4-13-25i
tions and is or will be constructed in accordance

with the diagrams, plans, and specifications for the
facility. A true and correct copy of the diagrams,
plans, and specifications for the facility shall be
attached to the certification. Owners or operators
of facilities covered by this paragraph shall include
owners or operators of a facility that meet either
of the following conditions:
(A) Do not possess written notice from the secretary that no further information is required regarding the facility information submitted to the
secretary, including diagrams, plans, and specifications; or
(B) have received written notice from the secretary that no further information is required, but
the information submitted to the secretary does
not accurately reflect the facility.
(2) The owner or operator of a facility in existence or under construction on the effective date
of this regulation who has received written notice
from the secretary that no further information is
required and whose diagrams, plans, and specifications submitted to the secretary accurately reflect the physical condition of the facility shall submit to the secretary only the form prescribed by
the secretary certifying that the facility meets or
exceeds all the requirements of these regulations.
(3) Each owner or operator of a facility that is
in existence or under construction on the effective
date of this regulation who is required to alter the
facility to comply with K.A.R. 4-13-25 through
K.A.R. 4-13-25l shall submit the diagrams, plans,
and specifications for the facility within 12 months
after the effective date of this regulation. Construction shall not commence until the owner or
operator receives written notice from the secretary that no additional information is required.
Within two years after the plan is approved by the
secretary, the owner or operator of a facility that
is in existence or under construction on the effective date of this regulation but is required to be
altered to comply with K.A.R. 4-13-25 through
K.A.R. 4-13-25l shall certify on a form prescribed
by the secretary that the owner or operator has
completed the required alterations in accordance
with the diagrams, plans, and specifications that
were submitted to the secretary.
(4) Each owner or operator of a facility in existence or under construction on the effective date
of this regulation who chooses to alter its facility
after meeting the certification requirements specified in subsections (a) and (b) of this regulation
shall submit the diagrams, plans, and specifica-
tions to the secretary before beginning construction of the alterations. Construction shall not commence until the owner or operator receives
written notice from the secretary that no additional information is required. Within two years
after the date of the secretarys written notice, the
owner or operator of a facility who alters the facility under this paragraph shall certify on a form
required by the secretary that the facility meets
or exceeds all the requirements of K.A.R. 4-13-25
through K.A.R. 4-13-25l and is constructed in accordance with the diagrams, plans, and specifications submitted to the secretary.
(5) Each owner or operator of a facility not in
existence or under construction on the effective
date of this regulation shall submit the diagrams,
plans, and specifications to the secretary before
commencement of construction. Construction
shall not commence until the owner or operator
receives written notice from the secretary that no
further information is required. The owner or operator of a facility under this paragraph shall complete construction within two years after the secretarys written notice that no additional
information is required. Upon completion of construction, the owner or operator of a facility under
this paragraph 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. 4-13-25l and is constructed in accordance
with the diagrams, plans, and specifications submitted to the secretary. Construction under this
paragraph shall include conversion of any operation to a pesticide storage facility.
(b) Each owner or operator of a facility shall
submit the diagrams, plans, and specifications required by paragraphs (a)(3) through (a)(5) in this
regulation at least 30 days before the date the
owner or operator proposes that the construction
will commence. The owner or operator shall identify clearly on the diagrams, plans, and specifications the date on which construction is proposed
to commence.
(c) 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. This request shall state the reason for the
additional time requested and the amount of additional time needed. (Authorized by and implementing K.S.A. 2-2467a and 2-2471; effective
Dec. 27, 2002.)
192
PESTICIDES
4-13-25j. Bulk pesticide storage facility
inspection and maintenance requirements.
(a) Each owner or operator shall inspect the facility at least once in every six-month period following the effective date of this regulation. The
inspection shall include detection of the following
defects:
(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. 4-1325l.
The owner or operator shall promptly correct
any defect.
(b) On the day any defect is first discovered,
the owner or operator shall record the following:
(1) Any inspection or repair of the discovered
defect at the facility;
(2) any release of a pesticide within the facility
in excess of 55 gallons or a combination of releases
in a 24-hour period totaling or exceeding 55
gallons;
(3) any reportable event; and
(4) the name of the person making the record
and the date the record was made.
(c) Each owner or operator shall retain all inspection and maintenance records at the facility
and shall make the records available to the secretary on request. The owner or operator shall
record each inspection according to subsection (a)
above on a form prescribed by the secretary. (Authorized by and implementing K.S.A. 2-2467a and
2-2471; effective Dec. 27, 2002.)
4-13-25k. Site closure and discontinuation of operation. (a) The owner or operator
shall notify the Kansas department of agriculture
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:
4-13-27
(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 pesticides 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 manufacturers requirements, instructions,
directions, or recommendations or, if none exist,
according to standard industry practice. (Authorized by and implementing K.S.A. 2-2467a and 22471; effective Dec. 27, 2002.)
4-13-25l. Penalty for noncompliance
with pesticide containment. 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. The procedure required
for enforcement of K.A.R. 4-13-25 through
K.A.R. 4-13-25k shall comply with the requirements of the Kansas administrative procedures
act, K.S.A. 77-501 et seq., and amendments
thereto. (Authorized by and implementing K.S.A.
2-2449, 2-2467a, and 2-2471; effective Dec. 27,
2002.)
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.
(Authorized by K.S.A. 2-2467a; implementing
K.S.A. 2-2471; effective March 26, 1990; amended July 18, 2003.)
193
4-13-27. Certificate of liability insur-
4-13-28
ance. 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;
(c) the effective date of 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.
(Authorized by K.S.A. 1988 Supp. 2-2467a as
K.S.A. 2-2448 as amended by L. 1989, Ch. 6, 17;
effective March 26, 1990.)
4-13-28. Target pests which are not
specified on the pesticides label or labeling.
Any pesticide may be applied for the purpose of
controlling a pest which is not specified on the
pesticides label or labeling provided that: (a)(1)
the pesticides 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 pesticides 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. (Authorized by K.S.A.
1990 Supp. 2-2467a; implementing K.S.A. 1990
Supp. 2-2470 and 2-2471; effective Oct. 21, 1991.)
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 pesticides label; and
(b) are to be applied by homeowners or occupants to control pests in and around the family
dwelling and associated structures. (Authorized by
K.S.A. 2-2467a; implementing K.S.A. 1985 Supp.
2-2469; effective May 1, 1987.)
4-13-30. Dealer recordkeeping requirements. (a) Each pesticide dealer shall maintain
records regarding sales of restricted use pesticide
products. These records shall be made available
during reasonable business hours to the secretary
or the secretarys authorized representative for
purposes of inspection and copying. Each record
shall be kept for a minimum of two years after the
date of the sale.
(b) The records shall contain the following
information:
(1) The name and address of the residence or
principal place of business of each person to
whom the restricted use pesticide product has
been sold;
(2) the name and address of the residence or
principal place of business of the individual to
whom the restricted use pesticide product has
been delivered or made available if different from
the purchaser;
(3) the certification number of applicators
certificate;
(4) the name of the state issuing the certificate;
(5) the expiration date of the certificate;
(6) if the applicator is a certified commercial
applicator of pesticides, the categories and subcategories, if applicable, in which the applicator is
certified;
(7) the registered name of the restricted use
pesticide product, its EPA registration number
and the state special local need registration number, if any;
(8) the quantity of the restricted use pesticide
product sold; and
(9) 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, the following additional records shall be kept:
(1) The name and address of the residence or
principal place of business of the uncertified person to whom the restricted use pesticide product
has been made available; and
(2) the name and address of the residence or
194
PESTICIDES
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 sold. The report shall include:
(1) the registered name of the restricted use
pesticide product, its EPA registration number
and the state special local need registration number, if any; and
(2) the quantity sold of the restricted use pesticide product. (Authorized by K.S.A. 2-2467a;
implementing K.S.A. 1985 Supp. 2-2469; effective, T-86-27, Aug. 19, 1985; effective May 1,
1986; amended May 1, 1987.)
4-13-31. Certificates of registration.
Each pesticide dealer shall display that dealers
current certificate of registration in a prominent
location which can be seen by the general public.
(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.)
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. (Authorized by K.S.A. 2-2467a; implementing L. 1985, Ch. 12, section 2; effective, T86-27, Aug. 19, 1985; effective May 1, 1986.)
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, 2010,
regardless of when the application is received by
the agency. The $40.00 pest control technician
registration fee shall revert to $25.00 on and after
July 1, 2010, unless this date is modified by statute. (Authorized by K.S.A. 2006 Supp. 2-2440b
and K.S.A. 2-2467a; implementing K.S.A. 2006
Supp. 2-2440b; 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.)
4-13-34. Verification of training of reg-
4-13-35
istered 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;
(c) type of training, classroom or on-the-job;
(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.
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.)
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 technicians 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 technicians 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
195
4-13-36
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.
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.)
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. (Authorized by
K.S.A. 2-2467a, implementing K.S.A. 2-2440a; effective, T-88-46, Nov. 10, 1987; effective May 1,
1993.)
4-13-37. Renewal of pest control technician registration. A pest control technicians
registration may be renewed for a succeeding oneyear 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 technicians 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. (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.)
196
PESTICIDES
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.
4-13-40
(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. (Authorized by K.S.A. 2-2467a;
implementing K.S.A. 2-2440a; effective Jan. 1,
1989; amended Jan. 25, 1993.)
4-13-39. Reserved.
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 licensees 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
197
4-13-41
the licensees 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 applicators 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. 77533, 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. (Authorized by K.S.A. 2-2467a; implementing K.S.A. 22449 and 2-2451; effective May 1, 1985; amended
July 18, 2008.)
4-13-41. (Authorized by K.S.A. 2-2467a;
implementing K.S.A. 2-2449, 2-2451, and K.S.A.
77-513, 77-537, 77-538, 77-539, 77-540, 77-541;
effective May 1, 1985; amended Jan. 25, 1993; revoked July 18, 2008.)
implementing K.S.A. 2-2449, 2-2451, and K.S.A.
77-513, 77-534, 77-535; effective May 1, 1985;
amended Jan. 25, 1993; revoked July 18, 2008.)
4-13-43 to 4-13-59. Reserved.

assessing a civil penalty shall include the
following:
(a) A statement reciting each subsection of the
act authorizing the assessment of civil penalty;
each violation alleged;
(d) the amount of the civil penalty to be assessed; and
(e) the notice of the respondents right to request a hearing. (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.)
1989; amended Aug. 22, 1994; revoked July 18,
2008.)
4-13-62. Amount of proposed civil penalty. (a) A separate civil penalty shall be assessed
for each violation of the pesticide law which results from each independent act or failure to act
by any pesticide business licensee or agent or employee thereof. 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. Where 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 secretarys authorized representative.
(b) The amount proposed for each civil penalty
shall be within the ranges listed below.
(1) For each violation of K.S.A. 2-2453(a) or
(b), the proposed civil penalty shall be not less
than $100 nor more than $5,000.
(2) For each violation of K.S.A. 2-2454(b) or 22454(m), the proposed civil penalty shall be not
less than $100 nor more than $5,000.
(3) For each violation of K.S.A. 2-2454 not covered in subsection (2) above, the proposed civil
penalty shall be not less than $100 nor more than
$1,000.
(4) For each violation of K.S.A. 2-2453(c) not
already covered in subsections (1), (2) or (3)
198
HONEYBEES
above, the proposed civil penalty shall be not less
than $100 nor 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. (Authorized by K.S.A. 2-2467a; implementing K.S.A.
2-2440e; effective Jan. 1, 1989; amended Jan. 25,
1993.)
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 secretarys 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;
(c) the extent to which injury actually occurred;
(d) the respondents 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. (Authorized by K.S.A.
2-2467a; implementing K.S.A. 2-2440e; effective
Jan. 1, 1989; amended Jan. 25, 1993.)
4-13-64. Informal settlement. (a) Any respondent may request a settlement conference if
the respondent timely filed a written request for
consent agreement.
4-14-3
or their counsel. (Authorized by K.S.A. 2-2467a;

1989; amended Aug. 22, 1994; amended July 18,
2008.)
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 secretarys designee.
(2) Reductions shall not occur unless evidence
of mitigating factors has been presented by a respondent. (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 14.HONEYBEES
4-14-1. (Authorized by K.S.A. 2-413, 2-424;
implementing K.S.A. 2-413; effective, T-83-37,
Nov. 10, 1982; effective May 1, 1983; revoked
Oct. 18, 2002.)
4-14-2. (Authorized by K.S.A. 2-415, 2-424;
implementing K.S.A. 2-415; effective, T-83-37,
Oct. 18, 2002.)
4-14-3. (Authorized by K.S.A. 2-422a, 2424; implementing K.S.A. 2-422a; effective, T-8337, Nov. 10, 1982; effective May 1, 1983; revoked
Oct. 18, 2002.)
199
4-15-1

Article 15.PLANTS AND
PLANT PRODUCTS
4-15-1. (Authorized by K.S.A. 2-2118, 22126; implementing K.S.A. 2-2118; effective, T83-25, Oct. 1, 1982; effective May 1, 1983; revoked Oct. 18, 2002.)
4-15-2. (Authorized by K.S.A. 2-2118, 22126; implementing K.S.A. 2-2118; effective, T83-25, Sept. 1, 1982; effective May 1, 1983;
amended July 1, 1992; revoked Oct. 18, 2002.)
4-15-3. (Authorized by K.S.A. 2-2120, 22126; implementing K.S.A. 2-2120; effective, T83-25, Sept. 1, 1982; effective May 1, 1983; revoked Oct. 18, 2002.)
4-15-4. Live plant definition: exclusions.
The following shall be excluded from the definition of live plant set forth in K.S.A. 2-2113, and
amendments thereto: (a) Field and forage crops;
(b) seeds and sets of any kind;
(c) cut flowers and cut greenery not used for
propagation;
(d) fruits and vegetables used for food or feed;
and
(e) aquatic plants used in indoor aquariums.
(Authorized by and implementing K.S.A. 2- 2126,
as amended by 2002 SB 437, 13; effective Oct.
18, 2002.)
4-15-5. Live plant dealer license fee. (a)
The fee for a live plant dealer license shall be $50.
(b) Except as specified in K.A.R. 4-15-7, each
person offering any live plants for advertising or
promotional purposes and not for sale shall obtain
a single license, which shall cover all the locations
from which that person may offer live plants. (Authorized by and implementing K.S.A. 2-2126, as
18, 2002.)
4-15-6. Plant pest emergency response
fund fee. In addition to the license fee specified
in K.A.R. 4-15-5, each live plant dealer shall pay
a fee of $5, which shall be deposited in the plant
pest emergency response fund. No live plant
dealer shall pay this additional fee in the licensing
year following any fiscal year in which the fee balance equals or exceeds $15,000. (Authorized by
K.S.A. 2-2126, as amended by 2002 SB 437, 13
and K.S.A. 2-2129, as amended by 2002 SB 437,
15; implementing K.S.A. 2-2129, as amended by
2002 SB 437, 15; effective Oct. 18, 2002.)
4-15-7. Live plant dealer licensing exemptions. Each live plant dealer who engages
primarily in a retail business and whose annual live
plant retail sales are less than $10,000 shall be
exempt from the licensing fee requirements, but
shall be subject to all other licensing requirements, including the pest freedom standards established in K.A.R. 4-15-10 and the emergency
response fee fund established by K.A.R. 4-15-6.
(Authorized by K.S.A. 2004 Supp. 2-2126; implementing K.S.A. 2004 Supp. 2-2120; effective Oct.
18, 2002; amended May 6, 2005.)
4-15-8. Fees for the inspection of live
plants, plants and plant products, bees, beekeeping equipment, and regulated articles.
(a) Whenever any person who owns or possesses
live plants, plants and plant products, bees, beekeeping equipment, or regulated articles requests
an inspection for any reason, that person shall pay
an inspection fee of $30 per hour plus mileage
expenses.
(b) The inspection fee for the time of the inspection shall be calculated from the inspectors
time of arrival at the inspection site. A minimum
of one hour of inspection time shall be charged.
Each inspection that is longer than one hour shall
be rounded to the nearest quarter hour. Lunch
and break periods shall be excluded from the inspection fee.
(c) Each person requesting an inspection shall
pay the mileage fee calculated to the inspection
site from one of the following locations, whichever
distance is the shortest:
(1) The inspectors official station;
(2) the last location at which a requested inspection was conducted; or
(3) the last location at which the inspector incurred subsistence or lodging expenses.
(d) The person for which the last requested inspection is performed on any day shall be charged
for the mileage for the return trip to the inspectors official station or to the location at which the
inspector incurs subsistence or lodging expenses,
whichever is closer.
(e) Mileage shall be calculated by using either
the actual miles driven by the inspector or the
appropriate number from the Kansas department
of transportations official distance chart, whichever is less. The rate per mile shall be the private
vehicle mileage reimbursement rate fixed by the
secretary of administration for the type of vehicle
200
PLANTS AND PLANT PRODUCTS

used by the inspector on the day on which the
inspection was performed.
(f) Each person requesting a seed wash analysis
for bunt and smut fungi shall pay a fee of $50 per
sample. (Authorized by and implementing K.S.A.
2003 Supp. 2-2118; effective Oct. 18, 2002;
4-15-9. Fees for the certification of live
plants, plants and 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, as
applicable:
(1) $20 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) 15 cents for each bale tag provided to satisfy
a weed-free forage requirement.
4-15-10
(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 specified in subsection (a).
Supp. 2-2118, as amended by L. 2006, ch. 78, sec.
1, and 2-2126; effective Oct. 18, 2002; amended
Feb. 2, 2007.)
4-15-10. Pest freedom standards. (a) As
used in this regulation, incidence shall mean the
prevalence of a plant pest on a group of plants,
expressed as the percentage of plants affected.
For insects and arachnids, the incidence tolerance
limit shall include all visible life stages. The word
damage shall mean the degree of harm to a
plant part caused by a plant pest, expressed as the
percentage of plant tissue damaged.
(b) All plant pests shall be prohibited entry into
Kansas except as follows. Infestation levels for the
pests listed below shall not exceed the tolerance
limits shown for each pest.
(1) INSECTS and ARACHNIDS

Common Name
an aphid
an aphid
ash plant bug
ash/lilac borer
bagworm
Banks grass mite
cotton/melon aphid
dark-winged fungus gnats
elm leaf beetle
euonymus scale
European pine shoot moth
fall webworm
flat-headed apple tree
borer
Fletcher scale
fungus gnats
foxglove aphid
green peach aphid
greenhouse whitefly
hawthorn lace bug
honey locust borer
honeysuckle aphid
iris borer
Japanese beetle
Tolerance Limits (maximum)

Scientific Name
Incidence Damage
Capitophorus spp.
75%
25%
Myzus hemerocallis
75%
25%
Tropidosteptes amoenus
75%
25%
Podosesia syringae
1%
Thyridopteryx ephemeraeformis
75%
25%
Oligonychus pratensis
25%
Aphis gossypii
75%
25%
Family Sciaridae
75%
25%
Pyrrhalta luteola
75%
25%
Unaspis euonymi
1%
Rhyacionia buoliana
1%
Hyphantria cunea
75%
25%
Chrysobothris femorata
1%
Lecanium fletcheri
75%
Family Mycetophilidae
75%
25%
Aulacorthum solani
75%
25%
Myzus periscae
75%
25%
Trialeurodes vaporariorum
25%
Corythucha cydoniae
75%
25%
Agrilis difficilis
1%
Hyadaphis tataricae
75%
25%
Macronoctua onusta
1%
Popillia japonica
Certification under the
U.S. domestic
Japanese beetle
harmonization plan,
September 5, 2000,
published by the
national plant board,
shall be required.
201
4-15-10
locust borer
maple bladdergall mite
mimosa webworm
oak red mite
obscure scale
oystershell scale
painted hickory borer
peach tree borer
pine bark adelgid
pine needle scale
pine tortoise scale
potato aphid
round-headed apple tree
borer
shore flies
spirea aphid
spruce spider mite
sweet potato whitefly
tobacco thrips
two-spotted spider mite
water lily aphid
western flower thrips
winged euonymus scale
Megacyllene robiniae
Vasates quadripedes
Homadaula anisocentra
Oligonychus bicolor
Melanaspis obscura
Lepidosaphes ulmi
Megacyllene caryae
Synanthedon exitiosa
Pineus strobi
Chionaspis pinifoliae
Toumeyella parvicornis
Macrosiphum euphorbiae
Saperda candida
Family Ephydridae
Aphis spiraecola
Oligonychus ununguis
Bemisia tabaci
Frankliniella fusca
Tetranychus urticae
Rhopalosiphum nymphaeae
Frankliniella occidentalis
Lepidosaphes yanagicola
1%
75%
75%
75%
1%
1%
1%
1%
1%
1%
1%
75%
25%
25%
25%
25%
1%
75%
75%
75%
25%
75%
25%
75%
75%
1%
25%
25%
25%
25%
25%
25%
-
(2) DISEASES and NEMATODES

Common Name
apple scab
bacterial wilt of geranium
black knot
black spot of rose
brown spot of pine
cedar-apple rust
cedar-quince rust
crown gall
Cyclaneusma needle cast
Diplodia tip blight
Dothistroma needle blight
fire blight
gall rusts of pine
gray mold
hawthorn rust
Impatiens necrotic spot
virus
iris leaf spot
Kabatina blight of juniper
oak wilt
perennial Nectria canker
Phomopsis blight
Phytophthora root rot
pine wilt nematode
Pseudomonas blight
Pythium root rot
Rhizoctonia root rot
Rhizospheara needle cast
root knot nematodes (all)
Septoria leaf spot of poplar
Septoria stem canker
Tolerance Limits (maximum)

Scientific Name
Incidence Damage
Venturia inaequalis
75%
25%
Xanthomonas campestris pv. pelargonii
1%
Apiosporina morbosa
25%
Diplocarpon rosae
75%
25%
Scirrhia acicola
75%
25%
Gymnosporangium juniperi-virginianae
75%
25%
Gymnosporangium clavipes
1%
Agrobacterium tumefaciens
1%
Cyclaneusma minus and C. niveus
75%
25%
Sphaeropsis sapinea
1%
Dothistroma pini
75%
25%
Erwinia amylovora
1%
Cronartium spp. and Endocronartium spp.
1%
Botrytis cinerea
25%
Gymnosporangium globosum
75%
25%
1%
Didymellina macrospora
75%
25%
Kabatina juniperi
25%
Ceratocystis fagacearum
1%
Nectria galligena
1%
Phomopsis juniperovora
25%
Phytophthora spp.
1%
Bursaphelenchus xylophilus
1%
Pseudomonas syringae pv. syringae
25%
Pythium spp.
25%
Rhizoctonia solani
25%
Rhizosphaera kalkhoffi
1%
Meloidogyne spp.
1%
Mycosphaerella populorum
75%
25%
Mycosphaerella populorum
1%
-
202
PLANTS AND PLANT PRODUCTS

sycamore anthracnose
tar spot of maple
Thievalopsis root rot
Tomato spotted wilt virus
Verticillium wilt
Gnomonia platani
Rhytisma acerinum
Thievalopsis basicola
Verticillium albo-atrum and Verticillium
dahliae
(c) The standards published by the national

plant board on September 5, 2000 and titled U.S.
domestic Japanese beetle harmonization plan are
hereby adopted by reference. A copy of this plan
shall be available from the plant protection and
weed control program of the Kansas department
of agriculture. (Authorized by and implementing
K.S.A. 2-2117, as amended by 2002 SB 437, 6;
effective Oct. 18, 2002.)
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;
(c) the amount of the civil penalty; and
(d) notice of the respondents right to a hearing.
(Authorized by K.S.A. 2007 Supp. 2-2126;
Oct. 18, 2002; amended July 18, 2008.)
4-15-12. (Authorized by K.S.A. 2-2126, as
amended by 2002 SB 437, 13; implementing
K.S.A. 2-2125(b), as amended by 2002 SB 437,
12; effective Oct. 18, 2002; revoked July 18, 2008.)
amount of civil penalty. (a) A civil penalty of at
least $100.00 but not more than $1,000.00 per
offense 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.
(b) In determining the amount of any civil
penalty, the gravity of the violation shall be
considered by the secretary or the secretarys
designee. 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;
4-15-14
75%
75%
25%
1%
25%
25%
-
1%
(3) the respondents history of compliance with

K.S.A. 2-2112 through K.S.A. 2-2129, 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;
(5) any misrepresentation or fraud involved in
the violation; and
(6) any history of violations, as identified in
subsection (c).
(c) For the second or 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 allowed by law.
(Authorized by K.S.A. 2007 Supp. 2-2126;
Oct. 18, 2002; amended July 18, 2008.)
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.
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.
or their counsel. (Authorized by and
Oct. 18, 2002; amended July 18, 2008.)
203
4-16-1
Article 16.MEAT AND MEAT

PRODUCTS INSPECTION
Part I.DEFINITIONS
4-16-1. (Authorized by K.S.A. 65-6a44; implementing K.S.A. 65-6a18, 65-6a30; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971;
amended, E-71-18, April 28, 1971; amended Jan.
1, 1972; amended, E-73-10, Feb. 16, 1973;
amended Jan. 1, 1974; amended May 1, 1975;
4-16-1a. Definitions. (a) Each of the following terms, as used in the portions of the code
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, except as used in 9 C.F.R.
303.1(d)(2)(iii)(b), shall mean the secretary of the
department of agriculture or the secretarys
designee.
(3) Beef shall mean the skeletal muscle of any
cattle. Beef shall not include any of the following:
(A) The muscles of the tongue, heart, or
esophagus;
(B) the muscles found in the lips, muzzle, or
ears;
(C) any portions of bone, including hard bone,
bone marrow, and related components; or
(D) any amount of brain trigeminal ganglia, spinal cord, or dorsal root ganglia (DRG).
(4) Cheek meat shall mean meat that is the
trimmed cheeks of the carcass of cattle.
(5) Commerce shall mean intrastate
commerce.
(6) Federal food, drug and cosmetic act shall
mean the Kansas food, drug and cosmetic act,
K.S.A. 65-655 et seq. and amendments thereto.
(7) Federal inspection shall mean inspection
by the Kansas department of agriculture.
(8) Form, either by number or by any other
designation, shall mean a form supplied by the
Kansas department of agriculture.
(9) Inspected for wholesomeness by U.S. department of agriculture shall mean inspected and
passed by the Kansas department of agriculture.
(10) Official establishment and establishment shall mean any permanently located building or adjacent premises that are registered pursuant to this act, where livestock, as defined in
K.S.A. 65-6a18(aa) and amendments thereto, domestic rabbits, or meat food products capable of
use as human food are prepared, as defined by
K.S.A. 65-6a18(k) and amendments thereto.
(11) Program, food safety and inspection
service, inspection service, service, department, and FSIS shall mean the meat and poultry inspection program of the Kansas department
of agriculture.
(12) Secretary, national supervisor, area
supervisor, circuit supervisor, and station supervisor shall mean the secretary of the department of agriculture or the secretarys designee.
(13) U.S. and the United States shall mean
Kansas or the state of Kansas, as appropriate.
(14) U.S. inspected and government inspected shall mean inspected by the Kansas department of agriculture.
(b) The phrase official review and copying in
9 C.F.R. 417.5(f), as adopted by reference in
K.A.R. 4-16-1c, shall mean review and copying by
the secretary of the department of agriculture or
the secretarys designee. (Authorized by K.S.A.
65-6a25 and K.S.A. 2007 Supp. 65-6a44; implementing K.S.A. 2007 Supp. 65-6a20, K.S.A. 656a21, K.S.A. 65-6a22, K.S.A. 65-6a23, K.S.A. 656a25, and K.S.A. 2007 Supp. 65-6a30; effective
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.)
4-16-1b. (Authorized by K.S.A. 65-6a44;
implementing K.S.A. 65-6a20, 65-6a21, 65-6a22,
65-6a23, 65-6a25 and 65-6a30; effective May 1,
1982; amended May 1, 1985; revoked May 1,
1986.)
4-16-1c. Adoption by reference. (a) The
following portions of title 9 of the code of federal
regulations, as revised on January 1, 2008, except
as otherwise specified, are hereby adopted by
reference:
(1) Part 301, except the following terms and
their definitions in 301.2: the act, adulterated,
livestock, misbranded, official import inspection established, and territory;
(2) part 302, except section 302.2;
(3) part 303, except sections 303.1(d)(3) and
303.2;
(4) parts 304 through 306, except sections
306.1, 306.2, and 306.3;
(5) part 307, except sections 307.5 and 307.6;
204
MEAT AND MEAT PRODUCTS INSPECTION

(6) part 309;
(7) part 310;
(8) part 311;
(10) parts 313 through 316;
(13) part 319;
(14) part 320;
(16) part 329;
(17) section 354.1, except subparagraphs (a)
and (n);
(18) section 354.2;
(19) sections 354.10 through 354.14;
(26) parts 416 and 417; and
(27) parts 424 through 500.
(b) Copies of this material or the pertinent portions thereof shall be available from the meat and
poultry inspection program of the department of
K.S.A. 65-6a25 and K.S.A. 2007 Supp. 65-6a44;
implementing K.S.A. 2007 Supp. 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. 2007 Supp. 65-6a30; effective
Jan. 25, 1993; amended Dec. 12, 1994; amended
Sept. 5, 1997; amended Sept. 1, 2006; amended
Dec. 5, 2008.)
Part II.SCOPE OF INSPECTION
4-16-2. (Authorized by K.S.A. 65-6a30, 656a44; implementing K.S.A. 65-6a30; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971;
65-6a30; effective, E-70-4, Dec. 1, 1970; effective
Jan. 1, 1971; amended, E-71-18, April 28, 1971;
amended Jan. 1, 1972; amended Jan. 1, 1973; revoked May 1, 1986.)
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
4-16-3a
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 animals 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;
(C) gangrenous or severe hemorrhagic enteritis
or gastritis;
(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
205
4-16-3a
(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 os-
teoporosis, 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 persons household, former members of that persons household, or that
persons 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 persons 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.
(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.)
206

Part III.APPLICATION FOR REGISTRATION
AND INSPECTION

Jan. 1, 1971; revoked May 1, 1986.)
Part IV.OFFICIAL NUMBERS AND
INAUGURATION OF INSPECTION
4-16-5. (Authorized by K.S.A. 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1,
1971; revoked May 1, 1982.)
Part V.ASSIGNMENT OF
DIVISION EMPLOYEES

Jan. 1, 1971; revoked May 1, 1986.)
Part VI.FACILITIES FOR INSPECTION AND
HOURS OF OPERATION
4-16-7. (Authorized by K.S.A. 65-6a26, 656a30, 65-6a32, 65-6a44; effective Jan. 1, 1971;
amended, E-80-25, Dec. 12, 1979; amended May
1, 1980; revoked May 1, 1986.)
4-16-7a. Overtime work by inspection
personnel. (a) Each establishment that requires
inspection services at any time other than the establishments regularly scheduled inspection periods shall be subject to overtime charges to defray the departments costs of providing these
inspection services. These charges shall be applicable to the following:
(1) Any time in excess of the hours regularly
scheduled for inspection in a particular day;
(2) any day in which inspection services are not
regularly scheduled; and
(3) any time when emergency inspection services are required by the establishment.
(b) The amount of overtime for inspection services shall be calculated in quarter-hour units. The
rate charged for this overtime shall be $25 per
hour, with a required minimum charge of two
hours. (Authorized by K.S.A. 2007 Supp. 65-6a44;
implementing K.S.A. 2007 Supp. 65-6a26; effective May 1, 1986; amended Jan. 1, 1989; amended
July 1, 1993; amended Jan. 17, 2003; amended
July 18, 2008.)
Part VII.SANITATION
4-16-8. (Authorized by K.S.A. 65-6a25, 656a30, 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1, 1971; amended Jan. 1, 1973;
4-16-36
4-16-9. (Authorized by K.S.A. 65-6a25, 656a30, 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1, 1971; amended May 1, 1975; revoked May 1, 1982.)
K.S.A. 65-6a25, 65-6a30, 65-6a44; effective, E-704, Dec. 1, 1969; effective Jan. 1, 1971; revoked
May 1, 1982.)
4-16-12. (Authorized by K.S.A. 65-6a25,
65-6a30, 65-6a32, 65-6a44; effective, E-70-4,
Dec. 1, 1969; effective Jan. 1, 1971; revoked May
1, 1982.)
65-6a30, 65-6a32, 65-6a44; effective, E-70-4,
Dec. 1, 1969; effective Jan. 1, 1971; amended May
1, 1975; revoked May 1, 1982.)
65-6a30, 65-6a32, 65-6a44; effective, E-70-4,
1, 1982.)
65-6a30, 65-6a44; effective, E-70-4, Dec. 1, 1969;
effective Jan. 1, 1971; revoked May 1, 1982.)
K.S.A. 65-6a25, 65-6a30, 65-6a32, 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1, 1971;
effective Jan. 1, 1971; amended May 1, 1975; revoked May 1, 1982.)
Part VIII.ANTE MORTEM INSPECTION

effective Jan. 1, 1971; amended May 1, 1975; revoked May 1, 1982.)
May 1, 1982.)
207
4-16-37

effective Jan. 1, 1971; amended, E-72-7, Feb. 1,
1974; revoked May 1, 1982.)


May 1, 1982.)

65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1975; revoked May 1, 1982.)
4-16-39. Reserved.
Part IX.POST MORTEM INSPECTION

May 1, 1982.)
effective Jan. 1, 1971; revoked Jan. 1, 1973.)
4-16-55a. (Authorized by K.S.A. 65-6a21,
65-6a30, 65-6a44; effective Jan. 1, 1974; revoked
May 1, 1982.)
May 1, 1982.)

65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1975; revoked May 1, 1982.)
65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1975; revoked May 1, 1982.)

65-6a30, 65-6a44; effective May 1, 1975; revoked
May 1, 1982.)

Part X.DISPOSAL OF DISEASED OR OTHERWISE

ADULTERATED CARCASSES AND PARTS
Part XI.OFFICIAL MARKS, DEVICES, AND

CERTIFICATES

65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1975; revoked May 1, 1982.)

65-6a21, 65-6a22, 65-6a23, 65-6a44; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971; revoked
May 1, 1986.)

65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
Dec. 1, 1969; effective Jan. 1, 1971; amended Jan.
1, 1973; amended May 1, 1975; revoked May 1,
1982.)
4-16-100. (Authorized by K.S.A. 1972

Supp. 65-6a21, 65-6a23, 65-6a44; effective, E-704, Dec. 1, 1969; effective Jan. 1, 1971; amended
Jan. 1, 1972; amended Jan. 1, 1973; revoked May
1, 1986.)


K.S.A. 1970 Supp. 65-6a21, 65-6a22, 65-6a23, 656a44; effective, E-70-4, Dec. 1, 1969; effective
Jan. 1, 1971; revoked May 1, 1986.)


65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1974; revoked May 1, 1986.)
208

Supp. 65-6a21, 65-6a22, 65-6a23, 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1, 1971;
4-16-105. Reserved.
Part XII.HANDLING AND DISPOSAL OF
CONDEMNED OR OTHER INEDIBLE
PRODUCTS AT ESTABLISHMENTS
4-16-106 to 4-16-114. (Authorized by

65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1975; revoked May 1, 1982.)
65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1974; revoked May 1, 1982.)
Part XIII.RENDERING OR OTHER DISPOSAL
OF CARCASSES AND PARTS PASSED
FOR COOKING

65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1973; revoked May 1, 1982.)
65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
Dec. 1, 1969; effective Jan. 1, 1971, revoked May
1, 1982.)
4-16-136
65-6a22, 65-6a23, 65-6a44; effective, E-70-4,

1982.)
65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
Dec. 1, 1969; effective Jan. 1, 1971; amended, E73-10, Feb. 16, 1973; amended Jan. 1, 1974; revoked May 1, 1982.)
65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1982.)
4-16-129a. Special marking for custom
products. Each custom prepared carcass, parts
thereof, and each package of custom prepared or
processed product shall be plainly marked CUSTOMNOT FOR SALE in letters not less than
three-eighths inch in height immediately after being received or prepared. (Authorized by K.S.A.
65-6a22, 65-6a23, 65-6a24, 65-6a31, 65-6a44; effective May 1, 1975.)
4-16-130 to 4-16-132. (Authorized by
65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1, 1982.)
Part XV.LABELING, MARKING DEVICES,
AND CONTAINERS
Part XIV.MARKING PRODUCTS AND

THEIR CONTAINERS
4-16-119 to 4-16-122. (Authorized by

65-6a22, 65-6a23, 65-6a44; effective, E-70-4,
1982.)
4-16-124 to 4-16-126. (Authorized by

Supp. 65-6a18, 65-6a24, 65-6a25, 65-6a28, 656a29, 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1, 1971; revoked May 1, 1986.)
65-6a24, 65-6a25, 65-6a28, 65-6a29, 65-6a44; implementing K.S.A. 65-6a24 and 65-6a44; effective,
E-70-4, Dec. 1, 1969; effective Jan. 1, 1971;
amended, E-73-10, Feb. 16, 1973; amended Jan.
1, 1974; amended May 1, 1975; amended May 1,
1982; revoked May 1, 1986.)
Supp. 65-6a18, 65-6a24, 65-6a25, 65-6a28, 656a29, 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1, 1971; revoked May 1, 1986.)
209
4-16-137
4-16-137. Reserved.
4-16-138 to 4-16-140. (Authorized by
K.S.A. 1970 Supp. 65-6a18, 65-6a24, 65-6a25, 656a28, 65-6a29, 65-6a44; effective, E-70-4, Dec. 1,
1969; effective Jan. 1, 1971; revoked May 1, 1986.)
65-6a24, 65-6a25, 65-6a28, 65-6a29, 65-6a44; implementing K.S.A. 65-6a24, 65-6a44; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971;
amended, E-73-10, Feb. 16, 1973; amended Jan.
1, 1974; amended May 1, 1975; amended May 1,
1982; revoked May 1, 1986.)
Supp. 65-6a29; effective, E-70-4, Dec. 1, 1969;
4-16-143 to 4-16-148. (Authorized by
K.S.A. 1970 Supp. 65-6a18, 65-6a24, 65-6a25, 656a28, 65-6a29, 65-6a44; effective, E-70-4, Dec. 1,
4-16-162 to 4-16-164. (Authorized by

K.S.A. 1970 Supp. 65-6a18, 65-6a22, 65-6a23, 656a24, 65-6a44; effective, E-70-4, Dec. 1, 1969; effective Jan. 1, 1971; revoked May 1, 1986.)
4-16-165 to 4-16-169. Reserved.
Part XVII.DEFINITIONS AND STANDARDS OF
IDENTITY OR COMPOSITION OF
STANDARDS OF FILL OF CONTAINERS

Supp. 65-6a18, 65-6a44; effective, E-70-4, Dec. 1,
65-6a44; implementing K.S.A. 65-6a24, 65-6a44;
effective May 1, 1982; revoked May 1, 1986.)
Jan. 1, 1971; amended Jan. 1, 1972; amended Jan.
1, 1973; amended Jan. 1, 1974; revoked May 1,
1986.)
65-6a44; effective Jan. 1, 1973; amended Jan. 1,
1974; revoked May 1, 1986.)
4-16-149. Reserved.
Part XVI.ENTRY INTO ESTABLISHMENTS;
REINSPECTION AND PREPARATION OF
PRODUCTS
4-16-150 to 4-16-154. (Authorized by

65-6a22, 65-6a23, 65-6a24, 65-6a44; implementing K.S.A. 65-6a24 and 65-6a44; effective, E-704, Dec. 1, 1969; effective Jan. 1, 1971; amended
Jan. 1, 1972; amended May 1, 1975; amended
May 1, 1982; revoked May 1, 1986.)

1, 1974; revoked May 1, 1986.)
K.S.A. 1970 Supp. 65-6a18, 65-6a44; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971; revoked
May 1, 1986.)
CURED MEATS, UNSMOKED AND SMOKED

65-6a22, 65-6a23, 65-6a24, 65-6a44; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971;

1969; effective Jan. 1, 1971; amended Jan. 1, 1972;
4-16-157 to 4-16-159. (Authorized by

4-16-176 to 4-16-179. (Authorized by

May 1, 1986.)

K.S.A. 65-6a18, 65-6a22, 65-6a23, 65-6a24, 656a44; effective, E-70-4, Dec. 1, 1969; effective
Jan. 1, 1971; amended Jan. 1, 1974; revoked May
1, 1986.)

65-6a44, and K.S.A. 1981 Supp. 65-6a44a; implementing K.S.A. 65-6a44, K.S.A. 1981 Supp. 656a44a; effective, E-70-4, Dec. 1, 1969; effective
Jan. 1, 1971; amended Jan. 1, 1974; amended, E-
210

82-15, Aug. 12, 1981; amended May 1, 1982; revoked May 1, 1985; revoked May 1, 1986.)
1969; effective Jan. 1, 1971; revoked May 1, 1985;
effective, E-70-4, Dec. 1, 1969; effective Jan. 1,
1982; revoked May 1, 1986.)
4-16-251

4-16-221 to 4-16-224. Reserved.
Part XVIII.RECORDS AND REPORTS
4-16-225 to 4-16-230. (Authorized by

May 1, 1986.)
Part XIX.TRANSPORTATION
4-16-183 to 4-16-185. (Authorized by

K.S.A. 1971 Supp. 65-6a18, 65-6a44; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971;
4-16-231 to 4-16-233. (Authorized by

K.S.A. 1970 Supp. 65-6a44; effective, E-70-4,
1, 1986.)

1, 1974; revoked May 1, 1986.)


K.S.A. 1971 Supp. 65-6a18, 65-6a44; effective, E70-4, Dec. 1, 1969; effective Jan. 1, 1971;
4-16-189 and 4-16-190. Reserved.
4-16-191 to 4-16-193. (Authorized by
May 1, 1986.)

Jan. 1, 1971; amended Jan. 1, 1974; amended May
1, 1975; revoked May 1, 1986.)
4-16-236 to 4-16-239. (Authorized by
K.S.A. 1970 Supp. 65-6a44; effective, E-70-4,
1, 1986.)
Part XX.DETENTION; SEIZURE AND
CONDEMNATION; CRIMINAL OFFENSES
4-16-194 to 4-16-208. (Authorized by

May 1, 1986.)
4-16-240 to 4-16-245. (Authorized by

May 1, 1986.)

1969; effective Jan. 1, 1971; amended Jan. 1, 1972;
Part XXI.MISCELLANEOUS

65-6a44; effective Jan. 1, 1974; revoked May 1,
1986.)
4-16-210 to 4-16-219. (Authorized by
May 1, 1986.)

Supp. 65-6a29; effective, E-70-4, Dec. 1, 1969;
4-16-247 to 4-16-249. Reserved.
4-16-250. (Authorized by K.S.A. 65-6a44;
implementing K.S.A. 65-6a25, 65-6a30 and 656a35; effective May 1, 1987; revoked Sept. 1,
2006.)
implementing K.S.A. 65-6a25, 65-6a30 and 65-
211
4-16-252
6a35; effective May 1, 1987; revoked Sept. 1,

2006.)
implementing K.S.A. 65-6a25 and 65-6a30; effective Dec. 26, 1988; revoked Sept. 1, 2006.)
4-16-253 to 4-16-259 Reserved.
implementing K.S.A. 65-6a20; effective May 1,
1988; revoked Sept. 1, 2006.)
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;
(d) the amount of the civil penalty that is assessed; and
(e) the notice of the respondents right to request a hearing. (Authorized by K.S.A. 2007 Supp.
65-6a44; implementing K.S.A. 2007 Supp. 656a56; effective July 1, 1992; amended Dec. 12,
1994; amended July 18, 2008.)
implementing K.S.A. 65-6a56; effective July 1,
1992; amended Dec. 12, 1994; revoked July 18,
2008.)
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 persons 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 secretarys
(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. 656a32, and amendments thereto, or any regulations
implementing these statutes, the civil penalty shall
be not less than $100 and not more than $2,500.
65-6a21, K.S.A. 65-6a23, K.S.A. 65-6a27(b), 656a28, 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. (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.)
amount of civil penalty, the gravity of the violation
shall be considered by the secretary or the secretarys 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;
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. (Authorized by K.S.A. 2007 Supp.
65-6a44; implementing K.S.A. 2007 Supp. 656a56; effective July 1, 1992; amended July 18,
2008.)
212
POULTRY AND POULTRY PRODUCTS INSPECTION

consent agreement.
the specific violations contained in the order. The
respondent consents to the assessment of a stated
civil penalty, if any is assessed.
Supp. 65-6a44; implementing K.S.A. 2007 Supp.
65-6a56; effective July 1, 1992; amended Dec. 12,
1994; amended July 18, 2008.)
penalty at the settlement conference. This evidence may include mitigating factors or new evidence not previously known to the secretary when
that were unknown to the secretary or to the secretarys 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.
interest.
or the secretarys duly authorized representative.
of mitigating factors has been presented by a respondent. (Authorized by K.S.A. 2007 Supp. 656a44; implementing K.S.A. 2007 Supp. 65-6a56;
4-17-1a
effective July 1, 1992; amended Dec. 12, 1994;

Article 17.POULTRY AND POULTRY
PRODUCTS INSPECTION
Part I.DEFINITIONS
4-17-1. (Authorized by K.S.A. 65-6a44; effective, E-70-22, July 1, 1970; effective Jan. 1,
1971; revoked May 1, 1982.)
4-17-1a. Definitions. (a) Each of the following terms, as used in the portions of the code
K.A.R. 4-17-1c, shall have the meaning specified
in this subsection:
(1) The act, act, and Federal poultry products inspection act shall mean the Kansas meat
and poultry inspection act, K.S.A. 65-6a18 et seq.
(2) Administrator, except as used in 9 C.F.R.
381.10(d)(2)(iii)(b), shall mean the secretary of
the department of agriculture.
(3) Commerce shall mean intrastate
commerce.
(4) Department shall mean the Kansas department of agriculture.
(5) Federal food, drug and cosmetic act shall
mean the Kansas food, drug and cosmetic act,
K.S.A. 65-655 et seq. and amendments thereto.
(6) Federal inspection shall mean inspection
by the Kansas department of agriculture.
(7) Federal meat inspection act shall mean
the Kansas meat and poultry inspection act,
K.S.A. 65-6a18 et seq. and amendments thereto.
(8) Form, either by number or by any other
designation, shall mean a form supplied by the
Kansas department of agriculture.
(9) Egg products inspection act shall mean
the Kansas egg law, K.S.A. 2-2501 et seq. and
amendments thereto.
(10) Official establishment and establishment shall mean any permanently located building or adjacent premises that are registered pursuant to this act, where poultry or poultry
products capable of use as human food are prepared as defined in K.S.A. 65-6a18(k) and amendments thereto.
(11) Program, food safety and inspection
service, inspection service, service, and
FSIS shall mean the meat and poultry inspection program of the department of agriculture.
(12) Secretary, national supervisor, area
213
4-17-1b
supervisor, circuit supervisor, and station supervisor shall mean the secretary of the department of agriculture.
(13) U.S. and United States shall mean
Kansas or the state of Kansas, as appropriate.
(14) U.S. inspected and government inspected shall mean inspected by the Kansas department of agriculture.
(b) The phrase official review and copying in
9 C.F.R. 417.5(f), which is adopted by reference
in K.A.R. 4-17-1c, shall mean review and copying
by the secretary of the department of agriculture
or the secretarys designee. (Authorized by K.S.A.
2005 Supp. 65-6a44; implementing K.S.A. 2005
Supp. 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. 2005
Supp. 65-6a30; effective Jan. 1, 1989; amended
Sept. 5, 1997; amended Sept. 1, 2006.)
4-17-1b. Reserved.
4-17-1c. Adoption by reference. (a) The
following sections of 9 C.F.R. part 381, as revised
on January 1, 2005, are hereby adopted by
reference.
(1) 381.1, except the following terms and their
definitions in subsection (b): act, adulterated,
misbranded, territory, and U.S. refused
entry;
(2) 381.3 through 381.7, except 381.5;
(3) 381.10 through 381.35, except sections
381.10(a)(2) through 381.10(a)(7), 381.13(b), and
381.33, with the following modification: in section
381.10(b)(1), the number 20,000 shall be replaced by the number 1,000;
(4) 381.36;
(5) 381.37;
(6) 381.65 through 381.103;
(7) 381.108 through 381.182;
(8) 381.189 through 381.194;
(9) 381.210 through 381.218; and
(10) 381.300 through 381.500.
(b) Copies of this material or the pertinent portions thereof shall be available from the meat and
poultry inspection program of the department of
K.S.A. 2005 Supp. 65-6a44; implementing K.S.A.
2005 Supp. 65-6a20, K.S.A. 65-6a21, K.S.A. 656a22, K.S.A. 65-6a23, K.S.A. 65-6a25, and K.S.A.
2005 Supp. 65-6a30; effective Jan. 1, 1989;
amended Dec. 12, 1994; amended Sept. 5, 1997;
Part II.ADMINISTRATION
1971; revoked May 1, 1982.)
Part III.SCOPE OF INSPECTION
4-17-3. (Authorized by K.S.A. 65-6a30, 656a44; effective, E-70-22, July 1, 1970; effective
Jan. 1, 1971; revoked May 1, 1982.)
1971; revoked May 1, 1982.)
65-6a44; effective, E-70-22, July 1, 1970; effective
Jan. 1, 1971; revoked Dec. 26, 1988.)
4-17-5a. (Authorized by K.S.A. 65-6a44;
implementing K.S.A. 65-6a31; effective Jan. 1,
1989; amended Jan. 25, 1993; amended Dec. 12,
1994; revoked Sept. 1, 2006.)
Part IV.OFFICIAL PLANT NUMBERS
INAUGURATION, SUSPENSION AND
WITHDRAWAL OF INSPECTION SERVICES

65-6a44; effective, E-70-22, July 1, 1970; effective
Jan. 1, 1971; revoked May 1, 1982.)
65-6a30, 65-6a44; effective, E-70-22, July 1, 1970;
Part V.SANITARY REQUIREMENTS MINIMUM
STANDARDS FOR SANITATION, FACILITIES
AND OPERATING PROCEDURES IN
ESTABLISHMENTS

K.S.A. 65-6a25, 65-6a30, 65-6a32, 65-6a44; effective, E-70-22, July 1, 1970; effective Jan. 1, 1971;
Part VI.INSPECTION PROCEDURES

K.S.A. 65-6a21, 65-6a22, 65-6a23, 65-6a44; effective, E-70-22, July 1, 1970; effective Jan. 1, 1971;
214
POULTRY AND POULTRY PRODUCTS INSPECTION
4-17-302
Part VIII.FROZEN FOODS

(d) the amount of the civil penalty; and
(e) the notice of the respondents right to request a hearing. (Authorized by K.S.A. 2007 Supp.
65-6a44; implementing K.S.A. 2007 Supp. 656a56; effective July 1, 1992; amended Dec. 12,
1994; amended July 18, 2008.)

K.S.A. 65-6a23, 65-6a30, 65-6a44; effective, E-7022, July 1, 1970; effective Jan. 1, 1971; revoked
May 1, 1982.)

implementing K.S.A. 65-6a56; effective July 1,
1992; amended Dec. 12, 1994; revoked July 18,
2008.)
Part IX.POULTRY PRODUCTS CONTAMINATED

BY POLLUTED WATER

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 persons 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 secretarys
(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
than $1,000.
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. 656a32, and amendments thereto, or any regulations
implementing these statutes, the civil penalty shall
be not less than $100 and not more than $2,500.
65-6a21, K.S.A. 65-6a23, K.S.A. 65-6a27(b), 656a28, or K.S.A. 65-6a33, and amendments
thereto, or any regulations implementing these
statutes, the civil penalty shall be not less than
(c) For the second and 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
Part VII.CANNING OR
COOKING REQUIREMENTS

K.S.A. 65-6a23, 65-6a30, 65-6a44; effective, E-7022, July 1, 1970; effective Jan. 1, 1971; revoked
May 1, 1982.)

Part X.PREPARATION OF ARTICLES OTHER
THAN FOR HUMAN FOOD

Part XI.REPORTS

K.S.A. 65-6a30, 65-6a44; effective, E-70-22, July
1, 1970; effective Jan. 1, 1971; revoked May 1,
1982.)
Part XII.LABELING

K.S.A. 65-6a18, 65-6a24, 65-6a25, 65-6a28, 656a29, 65-6a44; effective, E-70-22, July 1, 1970; effective Jan. 1, 1971; revoked May 1, 1982.)
Part XIII.INSPECTION PERSONNEL AND
ADMINISTRATION

65-6a30, 65-6a32, 65-6a44; effective, E-70-22,
July 1, 1970; effective Jan. 1, 1971; revoked May
1, 1982.)
4-17-300. 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;
215
4-17-303
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. (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.)
amount of any civil penalty, the gravity of the violation shall be considered by the secretary or the
secretarys 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;
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. (Authorized by K.S.A. 2007 Supp.
65-6a44; implementing K.S.A. 2007 Supp. 656a56; effective July 1, 1992; amended July 18,
2008.)
consent agreement.
of a stated civil penalty, if any is assessed.
Supp. 65-6a44; implementing K.S.A. 2007 Supp.
65-6a56; effective July 1, 1992; amended Dec. 12,
1994; amended July 18, 2008.)

penalty at the settlement conference. This evidence may include mitigating factors or new evidence not previously known to the secretary when
that were unknown to the secretary or to the secretarys 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 a respondent did
not commit a violation, the order shall be
amended or vacated.
interest.
or the secretarys duly authorized representative.
of mitigating factors has been presented by the
respondent. (Authorized by K.S.A. 2007 Supp. 656a44; implementing K.S.A. 2007 Supp. 65-6a56;
effective July 1, 1992; amended Dec. 12, 1994;
Article 18.LIVESTOCK REMEDIES
K.S.A. 1982 Supp. 47-504; effective, T-83-35,
Oct. 18, 2002.)
Article 19.SOIL AMENDMENTS
4-19-1. Registration fee. The registration
fee for each soil amendment shall be $100.00 for
each product registered. (Authorized by K.S.A.
2005 Supp. 2-2805 and K.S.A. 2-2811; implementing K.S.A. 2005 Supp. 2-2805; effective, T83-35, Nov. 10, 1982; effective May 1, 1983;
amended, T-4-6-27-02, July 1, 2002; amended
Oct. 25, 2002; amended Feb. 23, 2007.)
216
CHEMIGATION
Article 20.CHEMIGATION
4-20-1 and 4-20-2. Reserved.
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 persons
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. (Authorized by K.S.A. 1988 Supp.
effective, T-86-27, Aug. 19, 1985; effective May
1, 1986; amended March 26, 1990.)
4-20-4. Permits. No individual shall super-
4-20-6
vise 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;
(c) are knowledgeable regarding the injection
devices and anti-pollution devices being used in
the system;
(d) follow all applicable directions on the pesticides label; and
(e) use all safety precautions pertaining to that
pesticide. (Authorized by K.S.A. 1985 Supp. 23309; implementing K.S.A. 1985 Supp. 2-3306;
effective, T-86-27, Aug. 19, 1985; effective May
1, 1986; amended May 1, 1987.)
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. (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.)
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 pesticides label or labeling and which prohibits application of any fertilizer or animal wastes at
217
4-20-7
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.
(c) For those chemigation users who apply fertilizers and other chemicals, injection equipment
shall include:
(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 pesticides label or labeling. (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.)
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. (Authorized by K.S.A. 1988
Supp. 2-3309; implementing K.S.A. 2-3305 as
March 26, 1990.)
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. (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.)
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
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
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.
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
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. (Authorized by
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.)
218
4-20-12. Certified chemigation equip-
NUTRIENT UTILIZATION PLANS

ment 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 applicants
knowledge in those subject areas set out in K.S.A.
2-3306 as amended and supplemented involving
chemigation practices associated with the applicants agricultural operation and the applicants legal responsibility as a certified chemigation equipment operator. (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.)
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 applicators 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. (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.)
certified chemigation equipment operators.
Each certified chemigation equipment operator
shall notify the secretary of any change in the operators mailing address by the 10th day of the
month following the month during which such
change occurred. (Authorized by K.S.A. 1988
Supp. 2-3309; implementing K.S.A. 1988 Supp. 23306 as amended by L. 1989, Ch. 7, Sec. 5; effective March 26, 1990.)
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
4-21-1
form prescribed by the secretary of agriculture in

K.A.R. 4-21-1 and K.A.R. 4-21-7. (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
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 secretarys approval to a facilitys nutrient utilization plan shall include any
of the following:
(1) A swine facilitys 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
219
4-21-2
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. (Authorized by K.S.A. 2-3309; implementing K.S.A.
2-3302, K.S.A. 2002 Supp. 2-3318 and K.S.A. 651,182; effective, T-4-12-29-98, Jan. 1, 1999; effective April 23, 1999; amended April 4, 2003.)
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. (Authorized by K.S.A. 1998 Supp. 23305 and 2-3309; implementing K.S.A. 1998
Supp. 2-3318 and 65-1,182; effective, T-4-12-2998, Jan. 1, 1999; effective April 23, 1999.)
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 individuals 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. 421-4. 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 secretarys determination of whether a
sample is representative shall be final. (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.)
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
220
NUTRIENT UTILIZATION PLANS

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 laboratorys certification shall show the date the sample was received,
the date the sample was analyzed, the signature
of the laboratorys authorized representative, and
the results of the analysis for each chemical in
each sample analyzed. (Authorized by K.S.A. 23305 and K.S.A. 2-3309; implementing K.S.A. 23318, as amended by L. 2002, ch. 181, sec. 14 and
K.S.A. 2001 Supp. 65-1,182; effective, T-4-12-2998, Jan. 1, 1999; effective April 23, 1999; amended
April 4, 2003.)
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. (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,
4-21-7
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.)
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.
(c) Only actual soil analysis values shall be used
in the preparation of nutrient utilization plans.
(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 facilitys
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. (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-412-29-98, Jan. 1, 1999; effective April 23, 1999;
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. 4-214.
(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 Meh-
221
4-25-1
lich 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.
K.S.A. 2002 Supp. 2-3318 and K.S.A. 65-1,182;
effective April 4, 2003.)
Articles 22 to 24.RESERVED
Article 25.GRAIN WAREHOUSE
L. 1986, Ch. 24, section 2; effective, T-87-39, Nov.
19, 1986; effective May 1, 1987; revoked Dec. 26,
1988.)
4-25-2. Record retention. (a) Each public
warehouseman shall retain the following documents for at least six years after the public warehouseman is no longer liable for the grain specified in the document:
(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,
grain stored in the warehouse.
(b) Upon request of the secretary or the secretarys designee, a public warehouseman shall
produce for inspection or review any of the documents required to be maintained in subsection
(a) of this regulation. (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;
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. (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-299; effective
March 8, 2002.)
4-25-4. Storage space; exception. No
portion of the total bulk grain capacity shall be
deleted from the licensed capacity of a public
warehouse if this portion is an integral part of any
one unit under license and is equipped for grain
handling and warehousing. However, any part of
the licensed capacity may be reserved and designated not for public use, if the public warehouseman submits an application to the secretary
and receives the secretarys approval. A seal, a
lock, or other method of segregating an area designated not for public use from the public warehouse may be required by the secretary. (Authorized by K.S.A. 34-102; implementing K.S.A.
34-102, 34-228 and 34-237; effective March 8,
2002.)
4-25-5. Storage liability reports. (a) The
examiners copy of all executed warehouse receipts for the previous month shall be postmarked
by the fifth of each month and mailed to the secretary.
(b) Each local 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
through the warehouse. These records shall include a daily summarized position record showing
the following:
(1) The total quantity of each kind of grain received and shipped, and the quantity of each kind
of grain remaining in the warehouse at the close
of each business day; and
(2) the public warehousemans total storage obligation for each kind of grain at the close of each
business day.
(c) The public warehouseman shall forward to
the secretary, not later than the fifth day of each
222
GRAIN WAREHOUSE
month, a monthly statement of stocks of grain in
each elevator through the last day of the preceding month, for each licensed warehouse location.
K.S.A. 34-102 and 34-295a; effective March 8,
2002.)
4-25-6. Secretarys 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. (Authorized by K.S.A.
34-102; implementing K.S.A. 34-102 and 34-239;
4-25-7. Public
warehouse
receipts;
form. The form used for warehouse receipts shall
conform to the provisions of K.S.A. 34-239 and all
other applicable sections of chapter 34 of the Kansas statutes annotated, and amendments thereto,
and shall include, as a part of the form, the following statement:
The undersigned warehouseman is not the
owner of the grain covered by this receipt, either
solely, jointly, or in common with others, unless
otherwise stated hereon. It is hereby agreed that
the grain herein described has been graded as
provided by law and may be stored with other
grain of the same grade; that this grain is stored
under all the rights, powers, privileges, and duties
provided by chapter 34 of the Kansas Statutes Annotated. This grain is fully covered by fire, lightning, tornado, and internal explosion insurance.
The storage, insurance, elevation, and other
charges on said grain shall be governed by the
published schedule of charges, which includes any
legal change, in effect during the period from date
of receipt of the grain until sold or delivered to
the above named depositor or the depositors order. (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102, 34-238, and 34-239; effective
March 8, 2002.)
4-25-8. Scale tickets; inbound form. (a)
When a depositor leaves grain in any warehouse
licensed under the provisions of chapter 34 of the
Kansas statutes annotated, and amendments
thereto, the grain shall be weighed and graded as
provided by the laws and regulations of the state
of Kansas.
(b) Each scale ticket shall be plainly marked
inbound, shall be serially numbered, and shall
contain at some convenient, conspicuous point the
phrase approved by the Kansas Department of
4-25-9
Agriculture. Each ticket shall also include lines

designated for the following:
(1) The name of the licensee;
(2) the date;
(3) the name of the depositor;
(4) the gross weight;
(5) the tare weight;
(6) the net weight, and a designation of whether
the driver is on or off the truck;
(7) the test weight;
(8) the price;
(9) the kind of grain; and
(10) the signature of the licensee or duly authorized agent.
Each scale ticket may contain additional information if the additional information has received
the prior approval of the secretary, but scale tickets shall be used only for grain received by the
public warehouseman.
(c) Each public warehouseman shall keep a
copy of the scale tickets, including voided tickets,
in numerical order. The public warehouseman
shall furnish a copy of these tickets to an authorized examiner of the Kansas department of agriculture upon demand. (Authorized by K.S.A. 34102; implementing K.S.A. 34-102 and 34-233;
4-25-9. Scale tickets; outbound form. (a)
When, by any means of transportation except by
rail or water, a public warehouseman licensed under the provisions of chapter 34 of the Kansas statutes annotated, and amendments thereto, ships or
transfers grain, grain shall be weighed as provided
by the laws and regulations of the state of Kansas.
(b) Each scale ticket shall be plainly marked
outbound, shall be serially numbered, and shall
contain at some convenient, conspicuous point the
phrase approved by the Kansas Department of
Agriculture. Each ticket shall include lines designated for the following:
(1) The name of the licensee;
(2) the date;
(3) the name of the customer;
(4) the gross weight;
(5) the tare weight;
(6) the net weight, and a designation of whether
the driver is on or off the truck;
(7) the test weight;
(8) the price;
(9) the kind of grain; and
(10) the signature of the licensee or duly authorized agent.
223
4-25-10
Scale tickets may contain additional information if the additional information has received the
prior approval of the secretary.
(c) The approved scale tickets shall not be used
for custom weighing or for any other purpose or
use that is not pursuant to chapter 34 of the Kansas statutes annotated, and amendments thereto,
and the regulations of the Kansas department of
agriculture, but shall be used only for grain
shipped or transferred by the warehouseman.
(d) Each public warehouseman shall keep a
copy of the scale tickets, including voided tickets,
in numerical order. The public warehouseman
shall furnish a copy of these tickets to an authorized examiner of the Kansas department of agriculture upon demand. (Authorized by K.S.A. 34102; implementing K.S.A. 34-102 and 34-233;
4-25-10. Grain bank grain. (a) Grain bank
grain shall be considered to be the same as storage
grain and shall be subject to the same regulations
as those for storage grain. For grain that is processed by each public warehouseman in whose
warehouse the grain was originally deposited for
processing, the minimum load out and receiving
charges may be zero.
(b) Grain bank grain shall be entered into the
records of the public warehouseman as a liability
in the same manner as that for other storage grain
for which the public warehouseman is liable.
Grain bank grain shall be accounted for on an individual depositor basis and shall not be shown as
a part of the total grain bank grain obligation. The
records for grain bank grain shall be kept on a
pound, bushel, or hundredweight basis for the
grain deposited. (Authorized by K.S.A. 34-102
and 34-227b; implementing K.S.A. 34-227b; effective March 8, 2002.)
4-25-11. Allowance to licensed warehouses for the purpose of handling and storage of dry edible beans. For the purpose of allowing public licensed warehouses to handle and
store dry edible beans, the definition of the word
grain in K.S.A. 34-223, and amendments
thereto, shall include dry edible beans. (Authorized by K.S.A. 34-102; implementing K.S.A. 34102 and 34-223; effective March 8, 2002.)
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.
(c) For the purposes of this regulation, liquid
assets shall not include deferred income taxes or
residential property. (Authorized by K.S.A. 34102; implementing K.S.A. 34-102, 34-228, and 34229; effective March 8, 2002.)
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. (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-228; effective
March 8, 2002.)
4-25-14. Successor agreement. (a) In
each successors 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
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GRAIN WAREHOUSE
grain warehouse. (Authorized by K.S.A. 34-102;
implementing K.S.A. 34-102 and 34-228; effective
March 8, 2002.)
4-25-15. Definition of 12-month period.
The inspection required by K.S.A. 34-228, and
amendments thereto, shall be conducted at least
once in the 12-month period commencing July 1
of each year. (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-228; effective
March 8, 2002.)
4-25-16. Fees and charges. (a) The annual fee for a public warehouse license shall be
computed as follows, based on the capacity of the
public warehouse:
Capacity in Bushels
Annual Fee
1 to 100,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$400.00
100,001 to 150,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
430.00
150,001 to 250,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
460.00
250,001 to 300,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
490.00
300,001 to 350,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
520.00
350,001 to 400,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
550.00
400,001 to 450,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
575.00
450,001 to 500,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
605.00
500,001 to 600,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
630.00
600,001 to 700,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
660.00
700,001 to 800,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
850.00
800,001 to 900,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
875.00
900,001 to 1,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
900.00
1,000,001 to 1,750,000 . . . . . . . . . . . . . . . . . . . . . . . . . . .
1,225.00
1,750,001 to 2,500,000 . . . . . . . . . . . . . . . . . . . . . . . . . . .
1,400.00
2,500,001 to 5,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . .
1,750.00
5,000,001 to 7,500,000 . . . . . . . . . . . . . . . . . . . . . . . . . . .
2,100.00
7,500,001 to 10,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . .
2,375.00
10,000,001 to 12,500,000 . . . . . . . . . . . . . . . . . . . . . . . .
2,600.00
12,500,001 to 15,000,000 . . . . . . . . . . . . . . . . . . . . . . . .
2,800.00
15,000,001 to 17,500,000 . . . . . . . . . . . . . . . . . . . . . . . .
3,000.00
17,500,001 to 20,000,000 . . . . . . . . . . . . . . . . . . . . . . . .
3,225.00
Over 20,000,000 bushels . . . . . . . . . . . . . . . . . . . . . . . . . add 350.00
for each 2,500,000 bushels or fraction thereof.
(b) The charge for amending a warehouse license shall be $300.00.

(c) The charges for each special or requested
examination of a warehouse shall consist of the
following:
(1) $50.00 per hour for each examiner, with a
required minimum charge of four hours;
(2) subsistence expenses for each examiner; and
(3) mileage expenses for each examiner, which
shall be charged, per mile driven, at the rate per
mile determined by the secretary of administration pursuant to K.S.A. 75-4607, and amendments
thereto.
(d) The license fee shall be the applicable
amount specified in the fee schedule in subsection
(a) plus $500 for each functional unit. Each public
4-25-17
warehouseman shall pay the hourly rate, subsistence, and mileage expenses identified in subsection (c) of this regulation for examinations necessitated by changes in storage capacity, including
conditional storage space of a licensed warehouse,
or by the need to confirm that a warehouse is
empty. Any other charge or requirement identified in statute or regulation shall apply to the conditional or empty storage space of a public
warehouse.
(e) Each public warehouseman shall pay the
hourly rate, subsistence, and mileage expenses
identified in subsection (c) of this regulation for
examinations necessitated by changes in storage
capacity, including the addition of conditional
storage space in a licensed warehouse, or by the
need to confirm that a warehouse is empty. Any
other charge or requirement identified in statute
or regulation shall apply to the conditional or
empty storage space of a public warehouse. (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.)
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.
225
4-25-18
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 depositors transferee shall retain title to it.
(4) The shipping public warehousemans 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.
continue to retain that individuals 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 depositors 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 warehousemans
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 individuals 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. (Authorized by K.S.A. 34102; implementing K.S.A. 34- 102 and 34-241; effective March 8, 2002.)
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. (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-228; effective
March 8, 2002.)
Articles 26 to 27. RESERVED
Article 28.FOOD SAFETY
4-28-1. Definitions. (a) Bakery and
bakeshop shall mean any place, premises, or establishment where any bakery product is prepared, processed, or manufactured for sale to the
general public.
(b) Bakery product shall mean bread, rolls,
cake, pies, cookies, and all similar goods used or
intended to be used for human consumption.
(c) Food shall have either of the following
meanings:
(1) The meaning specified in K.S.A. 36-501,
and amendments thereto, when relating to the licensing, inspection, and regulation of the
following:
(A) Mobile retail ice cream vendors;
(B) food service establishments located in retail
food stores; and
(C) food vending machines, food vending machine companies, and food vending machine dealers; or
(2) the meaning specified in K.S.A. 65-688, and
amendments thereto, when relating to the licensing, inspection, and regulation of retail food stores
and food processing plants.
(d) Food processing plant shall have the
meaning specified in K.S.A. 65-688, and amendments thereto.
(e) Food service establishment located in a retail food store shall mean a food service establishment, as defined in K.S.A. 36-501 and
amendments thereto, that is located in a retail
food store, as defined in subsection (j).
(f) Food vending machine shall have the
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FOOD SAFETY
meaning specified in K.S.A. 36-501, and amendments thereto.
(g) Food vending machine company shall
have the meaning specified in K.S.A. 36-501, and
amendments thereto.
(h) Food vending machine dealer shall have
the meaning specified in K.S.A. 36-501, and
amendments thereto.
(i) Mobile retail ice cream vendor shall mean
a vehicle-mounted prepackaged frozen dessert facility designed to be readily movable.
(j) Retail food store shall have the meaning
specified in K.S.A. 65-688, and amendments
thereto.
(k) Secretary shall mean the secretary of agriculture or the secretarys authorized representative. (Authorized by K.S.A. 65-673, as amended
by L. 2004, Ch. 145, Sec. 21; implementing K.S.A.
65-673, as amended by L. 2004, Ch. 145, Sec. 21
and L. 2004, Ch. 192, Sec. 2; effective, T-4-11-504, Nov. 5, 2004; effective Feb. 18, 2005.)
4-28-2. Adoption by reference. The provisions of 21 C.F.R. Parts 100 through 169, excluding 21 C.F.R. 100.1 and 100.2, as in effect on
April 1, 2003, are hereby adopted by reference.
K.S.A. 65-673 and L. 2004, Ch. 192, Sec. 2; effective, T-4-11-5-04, Nov. 5, 2004; effective Feb.
18, 2005.)
4-28-3. Fees; mobile retail ice cream
vendor. The license fee for each mobile retail ice
cream vendor engaged solely in the sales of prepackaged frozen desserts shall be five dollars.
Each license shall expire on December 31 in the
year for which the license is issued. (Authorized
by K.S.A. 2003 Supp. 36-503; implementing
K.S.A. 2003 Supp. 36-503 and L. 2004, Ch. 192,
Sec. 2; effective Feb. 18, 2005.)
4-28-4. Fees; application for food vending machine company. The onetime application
fee for each food vending machine company doing
business in Kansas shall be $30. (Authorized by
K.S.A. 36-504; implementing K.S.A. 36-504 and
L. 2004, Ch. 192, Sec. 2; effective Feb. 18, 2005.)
4-28-5. Fees; food processing plant. (a)
Each person wanting to operate a food processing
plant shall submit an application on a form supplied by the department with the following fees:
(1) An application fee of $100; and
(2) one of the following license fees based on
the size and type of the plant, as applicable:
4-28-6
(A) For each food processing plant that only

stores food, one of the following fees:
(i) Less than 1,000 square feet: $50;
(ii) 1,000 square feet through 5,000 square feet:
$75;
(iii) 5,001 square feet through 10,000 square
feet: $105;
(iv) 10,001 square feet through 50,000 square
feet: $140; or
(v) more than 50,000 square feet: $180; and
(B) for each food processing plant not specified
in paragraph (a)(2)(A), one of the following fees:
(i) Less than 1,000 square feet: $80;
(ii) 1,000 square feet through 5,000 square feet:
$135;
(iii) 5,001 square feet through 10,000 square
feet: $190;
(iv) 10,001 square feet through 50,000 square
feet: $245; or
(v) more than 50,000 square feet: $300.
(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, regardless of whether the food is temperature-controlled.
(c) For the purpose of this regulation, food
processing plant shall not include either of the
following:
(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 December 31 in the year for which the license is issued.
(e) Each license shall require annual renewal
by the licensees submission of an application for
renewal, on a form supplied by the department,
and the applicable license fee specified in subsection (a). (Authorized by K.S.A. 2007 Supp. 74-581,
as amended by L. 2008, Ch. 48, 9; implementing
K.S.A. 65-689, as amended by L. 2008, Ch. 48,
7, and L. 2008, Ch. 48, 2; effective Feb. 18,
2005; amended Dec. 5, 2008.)
4-28-6. Fees; retail food store. Each retail
food store shall be licensed by the secretary. (a)
Each person operating or wanting to operate a
retail food store shall submit an application on a
form supplied by the department with the following fees:
227
4-28-7
(1) Application fee. Each person shall submit a

onetime application fee based on the size of the
store as follows:
(A) Less than 5,000 square feet: $50;
(B) 5,000 to 15,000 square feet: $100; and
(C) more than 15,000 square feet: $150.
(2) License fee. Each person shall submit a license fee based on the size of the store as follows:
(A) Less than 5,000 square feet: $50;
(B) 5,000 to 15,000 square feet: $100; and
(C) more than 15,000 square feet: $150.
(b) Each license shall expire on December 31
in the year in which the license is issued.
(c) Each license shall require annual renewal
and license fee specified in paragraph (a)(2). (Authorized by K.S.A. 65-689; implementing K.S.A.
65-689 and L. 2004, Ch. 192, Sec. 2; effective
Feb. 18, 2005.)
4-28-7. Fees; food service establishment
located in a retail food store. (a) Each person
operating or wanting to operate a food service establishment located in a retail food store shall submit an application on a form supplied by the department with the following fees:
(1) The application fee shall be $200.
(2) The license fee shall be $200.
(b) Each license shall expire on December 31
in the year for which the license is issued.
(c) Each license shall require annual renewal
and the license fee specified in paragraph (a)(2).
(Authorized by K.S.A. 2003 Supp. 36-503; implementing K.S.A. 2003 Supp. 36-503 and L. 2004,
Ch. 192, Sec. 2; effective Feb. 18, 2005.)
4-28-8. Definitions. Chapter one of the
2005 food code, published by the U.S. department of health and human services, is adopted by
reference, subject to the following additions, deletions, and substitutions: (a)(1) Wherever the
word PERMIT appears in this chapter, the
word shall be deleted and shall be replaced by
LICENSE, and wherever the phrase PERMIT
HOLDER appears in this chapter, the phrase
shall be deleted and shall be replaced by the word
LICENSEE.
(2) Wherever the parenthetical phrase (Time/
Temperature Control for Safety Food) appears
in this chapter, the phrase shall be deleted.
(3) In subpart 1-201.10(B) under additive,
the definition of food additive shall be deleted

and shall be replaced by the definition in K.S.A.
65-656, and amendments thereto.
(4) In subpart 1-201.10(B) under additive,
the definition of color additive shall be deleted
and shall be replaced by the definition in K.S.A.
65-656, and amendments thereto.
(5) In subpart 1-201.10(B), the definition of
adulterated shall be deleted and shall be replaced by the definition of food deemed adulterated in K.S.A. 65-664, and amendments thereto.
(6) In the definition of aw, the symbol Aw at
the end of the definition shall be changed to read
aw.
(7) The following definition of commissary
shall be added after the definition of
comminuted:
Commissary means a catering establishment,
restaurant, or similar place that is necessary for
the safe operation of a MOBILE FOOD ESTABLISHMENT or PUSHCART in which food, containers, or supplies are kept, handled, prepared,
packaged, or stored.
(8) In subpart 1-201.10(B) in the definition of
disclosure, the words for consumers shall be
added after the word identifies.
(9) In subpart 1-201.10(B), the following
changes shall be made:
(A) Under food establishment in paragraph
(2)(a), the word and shall be deleted.
(B) Under food establishment in paragraph
(2)(b), the period after FOOD shall be deleted
and shall be replaced by a semicolon.
(C) Under food establishment in paragraph
(2), the following paragraphs shall be added after
paragraph (b):
(c) A food service establishment as defined in
K.S.A. 36-501, and amendments thereto;
(d) A food vending machine as defined in
K.S.A. 36-501, and amendments thereto; and
(e) A retail food store as defined in K.S.A. 65688, and amendments thereto.
(D) Under food establishment in paragraph
(3) (f), insert the word only after the words offers FOOD, replace the number 6 with 4,
and delete the words the number of guests
served does not exceed 18.
food processing plant shall be deleted and shall
be replaced by the definition of food processing
plant in K.S.A. 65-688, and amendments thereto.
(11) The following definition of mobile food
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FOOD SAFETY
establishment shall be added after the definition
of mg/L:
Mobile food establishment means a self-contained FOOD ESTABLISHMENT that is
mounted on axles and wheels, is designed to be
readily moveable, and remains at one physical address for not more than 17 consecutive days.
person shall be deleted and shall be replaced by
the definition of person in K.S.A. 36-501(j), and
amendments thereto.
(13) The following definition of pushcart shall
be added after the definition of public water supply system:
Pushcart means a manually propelled vehicle
limited to serving non-potentially hazardous foods
or POTENTIALLY HAZARDOUS FOODS that
require only limited preparation or prepackaged
food maintained at proper temperatures.
person in charge shall be deleted and shall be
replaced by the following: Person in charge
means at the time of inspection, any individual or
employee present in a FOOD ESTABLISHMENT 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.
(15) In subpart 1-201.10(B), in the definition of
potentially hazardous food, the following
changes shall be made:
(A) In paragraph (1), the parenthetical abbreviation (TCS) shall be deleted.
(B) In paragraph (2), the designation of paragraph (a) shall be deleted, and this paragraph shall
become part of paragraph (2). The words raw cut
tomatoes shall be added after the words cut
melons.
(C) Paragraph (b) shall be deleted, including
tables A and B.
(D) The text in paragraph (3)(c) shall be deleted
and replaced with the following:
A FOOD with an aw value of 0.85 or less;.
(E) The text in paragraph (d) and all of paragraphs (d) (i), (ii), and (iii) shall be deleted and
replaced with the following: A FOOD with a pH
level of 4.6 or below when measured at 24 C
(75 F).
public water system shall be deleted and shall
be replaced by the definition of public water supply system in K.S.A. 65-162a, and amendments
thereto.
4-28-9
(17) In subpart 1-201.10(B) under ready-toeat food in paragraph (2) (b), the words that are
washed as specified under 3-302.15 shall be
deleted.
refuse shall be deleted and shall be replaced by
the definition of solid waste in K.S.A. 65-3402,
(19) In subpart 1-201.10(B) in the definition of
regulatory authority, the word local and the
words or federal shall be deleted.
sewage shall be deleted and shall be replaced
by the definition of sewage in K.S.A. 65-164,
vending machine shall be deleted and shall be
replaced by the definition of food vending machine in K.S.A. 36-501, and amendments
thereto.
(22) In subpart 1-201.10 in the definition of
vending machine location, the word Food
shall be inserted before the word Vending.
(b) As used in this article, the superscript *
that follows the title of a section shall designate
the requirements in that section as being of critical importance, unless otherwise specified within
that section as follows:
(1) The superscript N shall designate a requirement as being of noncritical importance.
(2) The superscript S may designate a requirement as being of noncritical importance. The term
swing is used to describe this type of requirement. (Authorized by and implementing K.S.A.
36-507, K.S.A. 65-626, and K.S.A. 2007 Supp. 74582; effective Feb. 29, 2008.)
4-28-9. Management and personnel.
Chapter two of the 2005 food code, published
by the U.S. department of health and human services, is adopted by reference, with the following
additions, deletions, and substitutions: (a) Wherever the phrase PERMIT HOLDER appears in
this chapter, the phrase shall be deleted and shall
be replaced by the word LICENSEE.
(b) Wherever the parenthetical phrase
(TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD) appears in this chapter, the
phrase shall be deleted.
(c)(1) In the first sentence of subpart 2-102.11,
the words of foodborne illness shall be added
between the words RISKS and inherent.
(2) Subpart 2-102.11(A) shall be deleted.
229
4-28-10
(3) Subpart 2-102.11(B) shall be redesignated

as (A), and the words OR APPROVED shall
be inserted after ACCREDITED.
(4)(A) Subpart 2-102.11 (C) shall be redesignated as (B).
(B) In subpart 2-102.11(C)(8)(b), the word
Bare shall be added before the word Hand.
(C) In subpart 2.102.11, paragraph (C)(9) shall
be deleted and replaced by the following
paragraph:
Describing FOODS identified as MAJOR
FOOD ALLERGENS that could cause an allergic
reaction in a sensitive individual.
(d) In subpart 2-102.20 at the end of the sentence, (B) shall be deleted and replaced by
(A).
(e) In subpart 2-103.11(E), the word unADULTERED shall be deleted and replaced by
the word unadulterated.
(f) In subpart 2-201, the title Responsibilities
of Permit Holder, Person in Charge, Food Employees, and Conditional Employees shall be deleted and replaced by the title Responsibilities
regarding diseases or medical conditions.
(g)(1) In subpart 2-201.11(A)(4) and (A)(5), the
word CONFIRMED shall be deleted and replaced by FOODBORNE.
(2) In subpart 2-201.11(C)(2), the word as between the words serves and a shall be deleted.
(h)(1) In subpart 2-201.13(I)(4)(c), the words
immune to shall be deleted and replaced by the
words protected against.
(2) In subpart 2-201.13(I)(4)(d) - (f), the number 30 shall be deleted and replaced by the
number 50.
(i) In subpart 2-301.12(B)(3), the phrase 10 to
15 seconds shall be deleted and replaced by 20
seconds. (Authorized by and implementing
K.S.A. 36-507, K.S.A. 65-626, and K.S.A. 2007
Supp. 74-582; effective Feb. 29, 2008.)
4-28-10. Food. Chapter three of the 2005
food code, published by the U.S. department of
health and human services, is adopted by reference, with the following additions, deletions, and
substitutions: (a) Wherever the phrase PERMIT
HOLDER appears in this chapter, the phrase
shall be deleted and shall be replaced by the word
LICENSEE.
(c) Subpart 3-301.11(D) shall be deleted.

(d) (1) Subpart 3-302.11 (A)(3) through (8) shall
be deleted and replaced with the following:
(3) Storing damaged, spoiled, or recalled
FOOD being held in the FOOD ESTABLISHMENT as specified under 6-404.11;
(B) FOOD can be protected from cross contamination by using one or more of the following
methods:
(1) Except as specified under Subparagraph 3501.15 (B)(2) and in (C) of this section, storing
the FOOD in packages, covered containers, or
wrappings;
(2) Cleaning HERMETICALLY SEALED
CONTAINERS of FOOD of visible soil before
opening;
(3) Protecting FOOD containers that are received packaged together in a case or overwrap
from cuts when the case or overwrap is opened;
and
(4) Separating fruits and vegetables, before
they are washed as specified under 3-302.15
from READY-TO-EAT FOOD.
(2) In subpart 3-302.11, the existing paragraph
(B) shall be redesignated as (C).
(3) In subpart 3-302.11(B), the phrase subparagraph (A)(4) shall be deleted and replaced
with the phrase subparagraph (B)(1).
(e) In subpart 3-305.13, FOOD shall be inserted before the word VENDING.
(f) In subpart 3-306.12(B) and 3-501.19(B),
FOOD shall be inserted before the word
VENDING.
(g) In subpart 3-403.11(A), (B), and (C), the
words before service shall be added at the end
of each paragraph.
(h) In subpart 3-501.16(A)(2)(b)(ii), the phrase
Within 5 years of the REGULATORY AUTHORITYS adoption of this code shall be deleted and shall be replaced by on or before September 1, 2009.
(i) In subpart 3-501.17(A)(2)(b), the phrase
Within 5 years of the REGULATORY AUTHORITYS adoption of this code shall be deleted and replaced by the phrase On or before
September 1, 2009.
(j) In subpart 3-501.19, paragraphs (C) (1)
through (5) shall be deleted and replaced with the
following:
Variance shall be obtained from the REGULATORY AUTHORITY as specified in 3-502.11
as amended by K.A.R. 4-28-10(k).
(k) In subpart 3-502.11, the text in paragraph
230
FOOD SAFETY
(F) shall be deleted and replaced with the
following:
Using time as a public health control as specified under 3-501.19. (Authorized by and implementing K.S.A. 36-507, K.S.A. 65-626, and
K.S.A. 2007 Supp. 74-582; effective Feb. 29,
2008.)
4-28-11. Equipment, utensils, and linens. Chapter four of the 2005 food code, published by the U.S. department of health and human services, is adopted by reference, with the
following additions, deletions, and substitutions:
(a) Wherever the phrase PERMIT HOLDER
appears in this chapter, the phrase shall be deleted and replaced by the word LICENSEE.
(c)(1) In subpart 4-204.14, the word Food
shall be inserted before the word Vending in the
title.
(2) In subpart 4-204.14, the word FOOD
shall be inserted before the word VENDING.
(d) In subpart 4-204.16, the words for human
consumption shall be added to the end of the
sentence.
(e)(1) In subpart 4-204.19, the word Food
title.
(2) In subpart 4-204.19, the word FOOD
shall be inserted before the word VENDING.
(f) In subpart 4-204.110(B)(1), the words as
specified under 8-103.11 shall be deleted and
shall be replaced by by the regulatory authority.
(g)(1) In subpart 4-204.111, the word Food
title.
(2) In subpart 4-204.111(B)(1) and (2), the
word FOOD shall be inserted before the word
VENDING.
(h)(1) In subpart 4-204.121, the word Food
title.
(2) In subpart 4-204.121(A) and (B), the word
VENDING.
(i)(1) In subpart 4-204.123, the word Food
title.
(2) In subpart 4-204.123(A) and (B), the word
4-28-12

VENDING.
(j) In subpart 4-301.11, the symbol * shall be
added after the word Capacities. in the title, and
an s shall be added after the phrase Chapter
3.
(k)(1) In subpart 4-301.12, the title Manual
Warewashing, Sink Compartment Requirements. shall be deleted and replaced with Warewashing Equipment Requirements.*
(2) In subpart 4-301.12(A), the phrase and
(F) shall be added before the words of this
section.
(3) In subpart 4-301.12(D), the words by the
regulatory authority shall be added after the
word APPROVED.
(4) In subpart 4-301.12, the following paragraph shall be added after paragraph (E):
(F) Manual warewashing sinks are not required if a mechanical warewashing machine is
properly used, operated, and maintained and the
machine is large enough for washing, rinsing and
SANITIZING the largest EQUIPMENT and
UTENSILS.
(l) In subpart 4-603.16(A)(1), the word or
shall be added at the end of the paragraph. (Authorized by and implementing K.S.A. 36-507,
K.S.A. 65-626, and K.S.A. 2007 Supp. 74-582; effective Feb. 29, 2008.)
4-28-12. Water, plumbing, and waste.
Chapter five of the 2005 food code, published
additions, deletions, and substitutions: (a) Wherever the phrase PUBLIC WATER SYSTEM
appears in this chapter, the word SUPPLY shall
be inserted before the word SYSTEM.
(b) Wherever the phrase according to LAW
appears in this chapter, the phrase shall be deleted and shall be replaced with by according to
K.S.A. 65-161 et seq., and amendments thereto.
(c) In subpart 5-103.12, the symbol * shall be
added after the title Pressure.
(d) In subpart 5-202.12(C), the phrase 15 seconds shall be deleted and shall be replaced by
the phrase 20 seconds.
(e)(1) In subpart 5-203.11(A), the phrase
(B) and (C) shall be deleted and replaced by
(B).
(2) Subpart 5-203.11(C) shall be deleted.
(f)(1) In subpart 5-203.12, the words and Urinals in the title shall be deleted.
231
4-28-13
(2) In subpart 5-203.12, the two sentences shall

be deleted and shall be replaced by the following:
Toilet facilities shall be installed according to applicable state and local requirements or as approved by the regulatory authority. Toilet facilities
shall be conveniently located and shall be accessible to employees and patrons at all times, except
that food service establishments that have no seating arrangements shall not be required to provide
patron access to toilet facilities. Separate toilet facilities shall be provided for each sex in all new,
newly constructed, or extensively remodeled facilities that offer food consumption arrangement
for 20 or more persons on the premises.
(g) In subpart 5-401.11(A), the words with a
minimum capacity of a 20-gallon tank shall be
added after the word tank.
(h)(1) In subpart 5-501.14, the word Food
shall be inserted before the word Vending Machines in the title.
(2) In subpart 5-501.14, FOOD shall be inserted before the word VENDING. (Authorized by and implementing K.S.A. 36-507, K.S.A.
65-626, and K.S.A. 2007 Supp. 74-582; effective
Feb. 29, 2008.)
4-28-13. Physical facilities. Chapter six of
the 2005 food code, published by the U.S. department of health and human services, is adopted
by reference, with the following additions, deletions, and substitutions: (a) Wherever the phrase
PERMIT HOLDER appears in this chapter,
the phrase shall be deleted and replaced by the
word LICENSEE.
(b)(1) In subpart 6-202.15, the symbol * shall
be added after the word Protected. in the title.
(2) In subpart 6-202.15, an s shall be added
at the end of each of these paragraphs: (A)(1), (2),
and (3) and (D)(1), (2), and (3).
(c) In subpart 6-302.10, the words and urinals
shall be deleted.
(d)(1) In subpart 6-501.111, the word minimize shall be deleted and replaced by the word
eliminate.
(2) In subpart 6-501.111(A), (B), and (D), the
N shall be deleted and replaced with S.
(e) In subpart 6-501.112, the symbol * shall
be added after the word Pests. in the title.
(f) In subpart 6-501.115, paragraphs (B)(4)(a),
(b), and (c) shall be deleted, and the designation
for paragraph (5) shall be deleted and replaced
by (4). (Authorized by and implementing K.S.A.
36-507, K.S.A. 65-626, and K.S.A. 2007 Supp. 74582; effective Feb. 29, 2008.)
4-28-14. Poisonous or toxic materials.
Chapter seven of the 2005 food code, published
by the U.S. department of health and human services, is adopted by reference. (Authorized by and
implementing K.S.A. 36-507, K.S.A. 65-626, and
K.S.A. 2007 Supp. 74-582; effective Feb. 29,
2008.)
4-28-15. Compliance and enforcement.
Chapter eight of the 2005 food code, published
additions, deletions, and substitutions: (a) Wherever the phrase PERMIT HOLDER appears in
this chapter, the phrase shall be deleted and shall
be replaced by the word LICENSEE.
(c) Wherever the word PERMIT appears in
this chapter, the word shall be deleted and replaced by the word LICENSE.
(d)(1) In subpart 8-201.11(C), the phrase as
specified under 8-302.14(C) shall be deleted,
and ; or shall replace the period after Code.
(2) In subpart 8-201.11, the following new paragraph shall be added after paragraph (C):
(D) Approval of plans by the regulatory authority shall not negate the liability of the applicant to comply with the requirements of these
regulations.
(e) Subparts 8-203.10, 8-302.11, 8-302.14, 8303.20, 8-401.10, 8-402.40, and 8-501.10 shall be
deleted.
(f) In subpart 8-302.13(A), the phrase or a representative thereof shall be added after the
phrase legal ownership.
(g) In subpart 8-304.11(H), the words and 5
years pass after the REGULATORY AUTHORITY adopts this Code shall be deleted and shall
be replaced by or by September 1, 2009.
(h) Wherever the words PERMIT
HOLDERS appear in this chapter, the words
shall be deleted and shall be replaced by
LICENSEES.
(i) In subpart 8-304.20, the paragraph shall end
with a period added after the words operation to
another, and the rest of the paragraph shall be
deleted.
(j) In subpart 8-401.20, the phrase Within the
232
MILL LEVY ASSESSMENT

parameters specified in 8-401.10 shall be
deleted.
(k) In subpart 8-402.20, paragraph (A)(3) shall
be deleted.
(l) In subpart 8-403.10(A), the phrase and
mailing shall be deleted, and the phrase as specified under paragraph 8-302.14(C) shall be
deleted.
(m)(1) In subpart 8-501.20(A), the words to
specific areas and tasks in a FOOD ESTABLISHMENT that present no risk of transmitting the
disease shall be added after the words CONDITIONAL EMPLOYEE.
(2) In subpart 8-501.20(B), the words from a
FOOD ESTABLISHMENT shall be added after
CONDITIONAL EMPLOYEE.
(3) In subpart 8-501.20, paragraph (C) shall be
deleted and shall be replaced by the following:
(C) Immediate closing of the food establishment, until the regulatory authority determines
that no further danger of disease transmission
exists.
(n) In subpart 8-501.30, the phrase as specified in 8-501.10 shall be deleted. (Authorized
by K.S.A. 36-507 and 65-626 and K.S.A. 2007
Supp. 65-673 and 74-582; implementing K.S.A.
36-503, 36-507, 65-626, and 65-662 and K.S.A.
2007 Supp. 65-673; effective Feb. 29, 2008.)
4-28-16. Mobile food establishments,
pushcarts, and temporary food establishments. (a) In addition to meeting the requirements of K.A.R. 4-28-8 through K.A.R. 4-28-15,
each licensee of a mobile food establishment or a
pushcart and each operator of a temporary food
establishment in a retail food store shall meet the
departments requirements in chapter 9: mobile
food establishments, pushcarts, and temporary
food establishments, dated June 2007 and hereby
adopted by reference.
(b) For the purpose of this regulation, retail
food store shall include a mobile food establishment, a pushcart, and a temporary food establishment if the mobile food establishment, pushcart,
or temporary food establishment is located on the
premises of the retail food store. (Authorized by
K.S.A. 36-507 and 65-626; implementing K.S.A.
4-33-2
36-507 and 65-626 and K.S.A. 2006 Supp. 74-581;

effective Feb. 29, 2008.)
Articles 29 to 32. RESERVED
Article 33.MILL LEVY ASSESSMENT
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.
(c) This regulation shall be in force and effect
from and after September 1, 1991. (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.)
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.
from and after September 1, 1991. (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-8-23-91, Sept. 1, 1991;
effective Oct. 21, 1991.)
233

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Agency 4

Kansas Department of Agriculture

Article 1.AGRICULTURAL CHEMICALS

KANSAS DEPARTMENT OF AGRICULTURE

(c) Plant regulator. Plant regulator shall not

qualified name and address given on the label

be submitted in advance to the control division,

KANSAS DEPARTMENT OF AGRICULTURE

fewer than five (5) separate original packages in

(2) Proposed date of shipment or proposed

4-2-3. General procedure. (a) In order to

4-2-8. Methods of analyses. (a) Subject to

the methods of analysis shall be those published

4-2-10. Indistinguishable seed. When the

KANSAS DEPARTMENT OF AGRICULTURE

4-2-12 and 4-2-13. (Authorized by K.S.A.

AUS. WINTER PEAS

Fees for examining or testing crops not listed

COMMERCIAL FEEDING STUFFS

Article 3.COMMERCIAL FEEDING

4-3-3. Legibility and conspicuousness.

KANSAS DEPARTMENT OF AGRICULTURE

COMMERCIAL FEEDING STUFFS

If feed contains more than three percent of urea,

(Authorized by K.S.A. 2-1002; effective Jan. 1,

further registration is required by persons selling

4-3-13. Hearing. (a) The notice of hearing

KANSAS DEPARTMENT OF AGRICULTURE

(Authorized by K.S.A. 2-1013; effective Jan. 1,

4-3-14. Artificial color. Artificial colors

4-3-19 and 4-3-20. (Authorized by K.S.A.

is intended solely for the manufacture of other

Guarantees or claims for the above-listed ad-

KANSAS DEPARTMENT OF AGRICULTURE

ditional plant nutrients are the only ones which

(g) Bulk fertilizer means any fertilizer,

facility has not been used to load, unload, mix, or

KANSAS DEPARTMENT OF AGRICULTURE

installed and maintained to prevent the discharge

shall be installed within the time prescribed by

(b) Valves on storage containers shall be locked

KANSAS DEPARTMENT OF AGRICULTURE

(4) the shut-off valve is located on the storage

(2) Each area or pad shall be sufficient to hold

such container shall be closed, and all valves or

KANSAS DEPARTMENT OF AGRICULTURE

ing area by use of grading or other means of water

made promptly showing the measures taken to

KANSAS DEPARTMENT OF AGRICULTURE

(b) The diked secondary containment area for

steeper slope is consistent with good engineering

static head from the fluid stored in the enclosed

KANSAS DEPARTMENT OF AGRICULTURE

relief outlet and valve. The base shall slope to a

thickness specifications for the remainder of the

construction or installation of storage containers,

KANSAS DEPARTMENT OF AGRICULTURE

the request were beyond the control of applicant.

by and implementing K.S.A. 2-1227; effective Jan.

application for an alternative design shall meet the

KANSAS DEPARTMENT OF AGRICULTURE

(5) the calculated capacity of each containment

CERTIFICATE OF FREE SALE