21-4221. Endangering the food supply.

21-4221

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 42.--CRIMES AGAINST THE PUBLIC SAFETY

      21-4221.   Endangering the food supply.(a) Endangering the food supply is knowingly:

      (1)   Except as provided in subsection (b), bringing into this state anydomestic animal which is affected with any contagious or infectious disease orany animal which has been exposed to any contagious or infectious disease;

      (2)   except as provided in subsection (b), exposing any animal in this stateto any contagious or infectious disease;

      (3)   except as permitted under K.S.A. 2-2112 et seq., andamendments thereto, bringing or releasing into this state any plant pest asdefined in K.S.A. 2-2113, and amendments thereto, or exposing any plant to aplant pest; or

      (4)   except as provided in subsection (b), exposing any raw agriculturalcommodity, animal feed or processed food to any contaminant or contagious orinfectious disease.

      (b)   The provisions of this section shall not apply to bona fide experimentsand actions related thereto carried on by commonly recognized researchfacilities.

      (c)   As used in this section:(1) "Animal feed" means an article which is intended for use for food foranimals other than humans and which is intended for use as a substantial sourceof nutrients in the diet of the animal, and is not limited to a mixtureintended to be the sole ration of the animal;

      (2)   "contagious or infectious disease"means any disease which can be spread from one subject to another by direct orindirect contact or by an intermediate agent, including, but not limited to,anthrax, all species of brucellosis, equineinfectious anemia, hog cholera, pseudorabies, psoroptic mange, rabies,tuberculosis, vesicular stomatitis, avian influenza, pullorum, fowl typhoid,psittacosis, viscerotropic velogenic Newcastle disease, foot and mouth disease,rinderpest, African swine fever, piroplasmosis, vesicular exanthema, Johne'sdisease, scabies, scrapies, bovine leukosis and bovine spongiformencephalopathy;

      (3)   "processed food" means any food other than a raw agricultural commodityandincludes any raw agricultural commodity that has been subject to processing,such as canning, cooking, freezing, dehydration or milling; and

      (4)   "raw agricultural commodity" means any food in its raw or natural state,including all fruits that are washed, colored or otherwise treated in theirunpeeled natural form prior to marketing.

      (d) (1)   Endangering the food supply is a class A nonperson misdemeanor.

      (2)   Endangering the food supply when the contagious or infectious disease isfoot-and-mouth disease is a severity level 4, nonperson felony.

      (e)   The provisions of this section shall be part of and supplemental to theKansas criminal code.

      History:   L. 2002, ch. 88, § 1; May 2.