2009 Kansas Code
Chapter 74 STATE BOARDS, COMMISSIONS AND AUTHORITIES
Article 5 DEPARTMENT OF AGRICULTURE
74-597. Same; contracts for county enforcement; inspections; access to premises; search warrants.

74-597

Chapter 74.--STATE BOARDS, COMMISSIONS AND AUTHORITIES Article 5.--DEPARTMENT OF AGRICULTURE

      74-597.   Same; contracts for county enforcement; inspections; access to premises; search warrants. The secretary of agriculture is hereby authorized and empowered to contract with the governing body of any county for the enforcement of all or any portion of the powers, duties and functions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, and the rules and regulations adopted thereunder. Any county entering into a contract with the secretary to enforce such statutes, rules and regulations shall act as an agent of the secretary in carrying out such duties. Any inspection of any premises by officers, employees or agents of any such county, and any notice of noncompliance issued as a result of any such inspection, shall have the same force and effect as if such had been done by the secretary. For the purposes of carrying out the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, and the rules and regulations adopted thereunder, the secretary of agriculture or the secretary's agent or the county or district attorney or their agents may enter any premises at any reasonable time, in order:

      (a)   To have access for the purpose of inspecting any premises, products or equipment subject to the provisions of K.S.A. 2009 Supp. 74-581, and amendments thereto, and the rules and regulations adopted thereunder; or

      (b)   to inspect or sample food actually or reported to be adulterated or a threat to public health; or

      (c)   to inspect or investigate complaints of violations of the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, and the rules and regulations adopted thereunder; or

      (d)   to sample products.

      Should the secretary of agriculture, the secretary's agent or the county or district attorney or their agents be denied access to any premises where such access was sought for the purposes authorized, the secretary of agriculture or the county or district attorney may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises for such purposes. The court may upon such application, issue the search warrant for the purposes requested.

      The enforcement of the criminal provisions of this act shall be the duty of, and shall be implemented by, the county or district attorneys of the various counties or districts. In the event a county or district attorney refuses to act, the attorney general shall so act. The secretary of agriculture is charged with the duty of enforcing all other provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2009 Supp. 74-581, and amendments thereto, and the rules and regulations adopted thereunder.

      History:   L. 2004, ch. 147, § 13; L. 2008, ch. 48, § 11; July 1.