34-2,113. Sample of commodity; procedure; powers of secretary.

34-2,113

Chapter 34.--GRAIN AND FORAGE
Article 2.--INSPECTING, SAMPLING, STORING, WEIGHING AND GRADING GRAIN; TERMINAL AND LOCAL WAREHOUSES

      34-2,113.   Sample of commodity; procedure; powers ofsecretary.(a) The secretary of agriculture or the authorizedrepresentative of the secretary may sample any commodity contained in alicensed warehouse whenever indications of quality problems with the potentialof causing a loss of value are observed. Observations indicating the followingmay serve as the basis for the sample provided for by this section: (1) Odorconsistent with spoiled or rotten grain; (2) insect damage; (3) distinctdiscoloration of the kernels; (4) insect webbing; (5) sprouting from thekernels; (6) crust on the top layer of the grain; or (7) any other evidenceconsistent with grain quality.

      (b)   If obtaining the sample requires the assistance of the warehouseman, thatassistance shall be provided within a reasonable time of the request of thesecretary or the secretary's authorized representative.

      (c)   Upon obtaining a sample, the secretary or the authorized representativeof the secretary shall make the sample available to the warehouseman forreview.

      (d)   If after examination of the sample or samples a quality problem is stillsuspected the secretary may:

      (1)   Order the warehouseman to have all commodities suspected of qualityproblems sampled and officially graded in a manner sufficient to accuratelydetermine the nature and extent of the problem;

      (2)   arrange for the sampling and grading of the suspected commodities, if thewarehouseman fails to do so within the time ordered by the secretary and assessthe costs to the warehouseman; and

      (3)   order the warehouseman to take immediate management and handling stepsin response to the quality problem.

      (e)   Any failure by a warehouseman to maintain grain quality, comply with anyorder of the secretary related to quality or to remit funds to cover samplingand grading costs shall be deemed a violation of the provisions of article 2 ofchapter 34 of the Kansas Statutes Annotated, and amendments thereto.

      (f)   The provisions of this section shall be part of and supplemental toarticle 2 of chapter 34 of the Kansas Statutes Annotated, and amendmentsthereto.

      History:   L. 2005, ch. 61, § 1; July 1.