Kansas Statutes 2-1422a. Seizure of mislabeled seed; disposition; court hearing; injunction
Terms Used In Kansas Statutes 2-1422a
- Agricultural seed: means the seed of grass, legume, forage, cereal, fiber crops, oil seed, food plot seed and any cannabis sativa crop authorized by state law, or mixtures thereof. See Kansas Statutes 2-1415
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, member of a partnership, corporation, agents, brokers, company, association or society. See Kansas Statutes 2-1415
- Secretary: means the secretary of the Kansas department of agriculture or the secretary's authorized representative. See Kansas Statutes 2-1415
- Seed: means a plant's dormant unit of sexual reproduction intended to be planted for germination. See Kansas Statutes 2-1415
- Seizure: means a legal process, including an order issued by a court of competent jurisdiction, that allows the secretary to take possession of a definite amount of agricultural seed and undertake or order the disposition of the seed as the court may direct pursuant to Kan. See Kansas Statutes 2-1415
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(a) Agricultural seed that is mislabeled shall be considered a common nuisance and shall be subject to seizure and injunction in the manner provided by law.
(b) (1) When a court of competent jurisdiction finds any seed to be in violation of this act and orders the condemnation of such seed, the seed may be denatured, reprocessed, destroyed, relabeled or otherwise disposed of as the court directs.
(2) Before a court orders a disposition of any seed, the defendant shall have an opportunity to be heard and to apply to the court for:
(A) Permission to reprocess or relabel the seed in order to bring such seed into compliance with this act and any rules or regulations applicable thereto; and
(B) a release of such seed.
(3) When the secretary applies to any court for a temporary restraining order or a temporary or permanent injunction to prevent any person from violating or continuing to violate any of the provisions of this act or any rules and regulations adopted pursuant thereto, an order granting or denying the secretary’s request shall be issued without bond and without regard to whether any criminal proceeding has been instituted.