Kansas Statutes 2-2124. Violations; temporary restraining orders
Terms Used In Kansas Statutes 2-2124
- 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.
- Live plant: means any living plant, cultivated or wild, or any part thereof that can be planted or propagated unless specifically exempted by the rules or regulations of the secretary. See Kansas Statutes 2-2113
- Live plant dealer: means any person, unless excluded by rules and regulations adopted hereunder, who engages in business in the following manner:
(1) Grows live plants for sale or distribution;
(2) buys or obtains live plants for the purpose of reselling or reshipping within this state; or
(3) plants, transplants or moves live plants from place to place within the state with the intent to plant such live plants for others and receives compensation for the live plants, for the planting of such live plants or for both live plants and plantings. See Kansas Statutes 2-2113
- Permit: means a document issued or authorized by the secretary to provide for the movement of regulated articles to restricted destinations for limited handling, utilization or processing. See Kansas Statutes 2-2113
- Person: means a corporation, company, society, association, partnership, governmental agency and any individual or combination of individuals. See Kansas Statutes 2-2113
- Plant pests: includes any stage of development of any insect, nematode, arachnid, or any other invertebrate animal, or any bacteria, fungus, virus, weed or any other parasitic plant or microorganism, or any toxicant, that can:
(1) Injure plants or plant products; or
(2) cause a threat to public health. See Kansas Statutes 2-2113
- Plants: means trees, shrubs, grasses, vines, forage and cereal plants and all other plants including growing crops; cuttings, grafts, scions, buds and all other parts of plants. See Kansas Statutes 2-2113
- Regulated article: means any host or any article of any character as described in a quarantine or regulation carrying or being capable of carrying the plant pest against which the quarantine or regulation is directed. See Kansas Statutes 2-2113
- Secretary: means the secretary of the Kansas department of agriculture, or the authorized representative of the secretary. See Kansas Statutes 2-2113
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) It shall be a violation of this act for any person to:
(1) Sell, barter, offer for sale, or move, transport, deliver, ship or offer for shipment into or within this state any plant pests in any living stage without first obtaining approval for such shipment from the secretary;
(2) hinder or prevent the secretary from carrying out duties under this act;
(3) fail to carry out the treatment or destruction of any plant pest or regulated article in accordance with official notification from the secretary;
(4) sell, transport, deliver, distribute, offer or expose for sale live plants which are not in compliance with the provisions of this act;
(5) engage in business as a live plant dealer and use an invalid, suspended or revoked certificate of inspection, permit or live plant dealer license;
(6) fail to comply with any of the provisions of this act, or the rules and regulations adopted hereunder; and
(7) knowingly move any regulated article into or within this state from a quarantined area when such article has not been treated or handled as provided by the requirements of said quarantine at the point of origin of such article.
(b) Each day a violation of this act occurs or continues shall constitute a separate violation.
(c) The district court shall have jurisdiction over violations of this act or rules and regulations adopted hereunder. Such court may issue temporary restraining orders without first requiring proof that an adequate remedy at law does not exist. Any such orders shall be issued without bond. Such orders may be issued prior to the initiation of any criminal, administrative or civil penalty proceedings.