16-1701. Poultry production contracts; requirements; violations; remedies.

16-1701

Chapter 16.--CONTRACTS AND PROMISES
Article 17.--POULTRY PRODUCTION CONTRACTS

      16-1701.   Poultry production contracts; requirements; violations; remedies. (a) As used in this section: (1) "Contractor" means a person who owns poultry that is raised or cared for by a poultry producer;

      (2)   "poultry" means posthatched to finished live chickens or turkeys that are raised by a poultry producer for slaughter by another;

      (3)   "poultry producer" means any individual or group of individuals that raise or care for live poultry for slaughter by another under terms of a written production contract;

      (4)   "production contract" means any written agreement that provides for the raising and care of poultry by a poultry producer for a contractor; and

      (5)   "production" means to raise and care for poultry under the terms of a poultry production contract.

      (b)   Poultry production contracts shall: (1) Be written in a readable form and shall be accompanied by a clearly written disclosure statement setting forth the nature of the material risks faced by the poultry producer if the poultry producer enters into such poultry production contract;

      (2)   be negotiated and entered into in an environment free from unfair or deceptive trade practices or other violations of law;

      (3)   not require disclosure of trade secrets and not be contrary to the uniform trade secrets act, K.S.A. 60-3320 et seq., and amendments thereto;

      (4)   not require poultry producers to reveal intellectual property rights nor disclose personal financial information or production practices;

      (5)   not prohibit nor discourage poultry producers from associating with other poultry producers to compare contract terms or address concerns or problems;

      (6)   not prohibit nor discourage poultry producers from seeking professional, legal, financial and agricultural production advice and counsel related to production contract terms, obligations and responsibilities;

      (7)   not allow a contractor to terminate any poultry production contract with a poultry producer that has complied with the provisions of the poultry production contract; and

      (8)   not deny poultry producers of the ability to address a dispute in the Kansas courts. The poultry production contract may contain a provision to have the option of submitting any dispute arising under a poultry production contract to arbitration.

      (c)   Any provision of a poultry production contract which violates the provisions of subsection (b) is void and unenforceable. This subsection shall not affect other provisions of a poultry production contract, including a contract or related document, policy or agreement which can be given effect without the voided provision.

      (d)   A poultry producer who suffers damages because of a contractor's violation of the provisions of subsection (b) may obtain appropriate legal and equitable relief, including, but not limited to, injunctive relief and punitive damages, as provided in K.S.A. 60-3702, and amendments thereto. In such a civil action against the contractor, the court may award the poultry producer who is the prevailing party, reasonable attorney fees and other litigation expenses.

      History:   L. 2002, ch. 95, § 1; May 2.