65-6a56. Violations of meat and poultry inspection act; civil penalties; disposition of moneys.
65-6a56
65-6a56. Violations of meat and poultry inspectionact; civil penalties;disposition of moneys.(a) Any person who violates any of the provisions of the Kansasmeat and poultry inspection act, article 6a of chapter 65 of the KansasStatutes Annotated, and amendments thereto, or any rule and regulationpromulgated thereunder, in addition to any other penalty provided by law, mayincur a civil penalty imposed under subsection (b) in the amount fixed by rulesand regulations of the secretary of agriculture in anamount not less than $100 nor more than $5,000 for each violation and, in thecase of a continuing violation, every day such violation continues shall bedeemed a separate violation.
(b) A duly authorized agent of the secretary, upon finding that any personor agent or employee thereof has violated any provision of the Kansas meat andpoultry inspection act or any rule and regulation promulgated thereunder, mayimpose a civil penalty as provided by this section upon such person.
(c) No civil penalty shall be imposed pursuant to this section except onwritten order of the duly authorized agent of the secretary to the person whocommitted the violation or to the person whose agent or employee committed theviolation. Such ordershall state the violation, the penalty to be imposed and the right of suchperson to appeal to the secretary. Any such person, within 20 days afternotification, may make written request to the secretary for a hearing inaccordance with the provisions of the Kansas administrative procedure act. Thesecretary shall affirm, reverse or modify the order and shall specify thereasons therefor.
(d) Any person aggrieved by an order of the secretary made under thissection may appeal such order to the district court in the manner provided bythe act for judicial review and civil enforcement of agency actions.
(e) Any civil penalty recovered pursuant to the provisions of this sectionshall be remitted to the state treasurer in accordancewith the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in thestate treasuryto the credit of the state general fund.
(f) This section shall be part of and supplemental to the Kansas meat andpoultry inspection act, article 6a of chapter 65 of the Kansas StatutesAnnotated, and amendments thereto.
History: L. 1991, ch. 176, § 1;L. 2001, ch. 5, § 221;L. 2004, ch. 101, § 103; July 1.