Kansas Statutes 65-785. Secretary may issue stop sale or stop use order
Terms Used In Kansas Statutes 65-785
- Dairy products: includes butter, cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated milk, whole or skim, condensed whole milk, condensed skim milk, sweetened or plain, frozen dairy dessert, and frozen dairy dessert mixes and such other products as may be otherwise designated by rules and regulations. See Kansas Statutes 65-771
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy hooved mammals. See Kansas Statutes 65-771
- Milk products: includes those dairy foods made by modifying the federally standardized products listed in this section in accordance with 21 C. See Kansas Statutes 65-771
- Person: means any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution. See Kansas Statutes 65-771
- Secretary: means the secretary of the Kansas department of agriculture, or the secretary's designee. See Kansas Statutes 65-771
(a) The secretary may issue and enforce a written or printed stop sale or stop use order to the owner or custodian of any quantity of milk, milk products or dairy products or any equipment used in the storage, handling, production or packaging of milk, milk products or dairy products which the secretary determines to be in violation of any provisions of this act or any rules or regulations adopted hereunder. The order shall prohibit the further sale, processing, movement, and use of such equipment or product, except on approval of the enforcing officer, until such enforcing officer has evidence that the law and rules and regulations have been complied with and issues a release from the order issued.
(b) No person may sell, use or remove any milk, milk products or dairy products or otherwise violate the terms of any order issued pursuant to subsection (a).
(c) Any order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(d) The provisions of this subsection shall not be construed as limiting the right of the enforcing officer to proceed as authorized by other sections of this act.