As Amended by House Committee
Session of 2024
HOUSE BILL No. 2608
By Committee on Agriculture and Natural Resources
Requested by Kelsey Olson on behalf of the Kansas Department of Agriculture
1-25
AN ACT concerning agriculture; relating to animal health; poultry disease
control; authorizing the animal health commissioner to adopt rules and
regulations to administer the poultry disease control act; establishing an
annual participation fee not to exceed $50 for participation in the
national poultry improvement plan; a certification fee not to exceed $50
for persons performing testing and diagnostic services; a testing fee not
to exceed $100 per visit to each location participating in the plan when
testing or diagnostic services related to pullorum typhoid are
provided; allowing the commissioner to revoke any national plan
hatchery or U.S. pullorum-typhoid clean designation for failure to pay
the annual plan participation fee within a 60-day grace period;
amending K.S.A. 2-910, 2-912, 2-914 and 2-915 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2-910 is hereby amended to read as follows: 2-910.
(a) The commissioner is hereby authorized to cooperate with the United
States department of agriculture in the administration of the plan, may
enter into a memorandum of understanding with that department therefor
and may exercise and perform the powers, duties and functions prescribed
for the commissioner under the memorandum of understanding and the
plan.
(b) The commissioner shall have the authority to adopt rules and
regulations for the administration and enforcement of the poultry disease
control act.
Sec. 2. K.S.A. 2-912 is hereby amended to read as follows: 2-912. (a)
Each person participating in the plan shall pay to the commissioner an
annual plan participation fee not to exceed $50. Each annual plan
participation fee shall allow participation in the plan, subject to all other
applicable requirements, for one year following the date of remittance of
the fee. The plan participation fee for the subsequent year shall become
due and owing thereafter.
(b) All hatcheries, supply flocks of poultry, exhibition flocks of
poultry, poultry and poultry products shall comply with the provisions of
the plan which provide procedures required to qualify Kansas as a U.S.
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pullorum-typhoid clean state.
Sec. 3. K.S.A. 2-914 is hereby amended to read as follows: 2-914. (a)
Each person performing any testing or poultry disease diagnostic services
pursuant to the poultry disease control act shall annually obtain from the
commissioner certification to perform such testing or poultry disease
diagnostic services and pay a certification fee not to exceed $50. Each
certification shall expire on September 30 following its issuance.
(b) Each person performing poultry disease diagnostic services
pursuant to the poultry disease control act shall report within 48 hours to
the commissioner or the commissioner's authorized agent the source of
each poultry specimen from which salmonella pullorum or salmonella
gallinarum is a reactor or is isolated. Upon receiving such report, the
commissioner or the commissioner's authorized agent shall investigate to
determine the origin of the infection.
(b)(c) Each person who requests that the commissioner or an
authorized agent of the commissioner perform testing or poultry disease
diagnostic services related to pullorum typhoid pursuant to the poultry
disease control act shall, prior to any such requested testing being
performed, pay to the commissioner a fee not to exceed $100 per visit to
each location participating in the plan.
(d) Testing or poultry disease diagnostic services related to
pullorum typhoid performed other than by the commissioner, an
authorized agent of the commissioner or an individual certified pursuant
to this section shall not be considered sufficient to support a national plan
hatchery or U.S. pullorum-typhoid clean designation pursuant to the plan.
(e) Each flock of poultry which that is found to be infected shall be
quarantined by the commissioner or the commissioner's authorized agent
until: (1) It is marketed or destroyed under the supervision of the
commissioner or the commissioner's authorized agent; or (2) it
subsequently receives an official blood test conducted in accordance with
the procedure for reacting flocks under subsection (a)(5) of 9 C.F.R. §
145.14, as revised as of January 1, 1983 October 5, 2020, and all members
of the flock of poultry fail to demonstrate pullorum or fowl typhoid
infection.
(c)(f) All costs for testing and handling a quarantined flock of poultry
shall be paid by the owner thereof.
Sec. 4. K.S.A. 2-915 is hereby amended to read as follows: 2-915.
After a thorough investigation, the commissioner may revoke any national
plan hatchery or U.S. pullorum-typhoid clean designation for failure of the
person operating the hatchery or owning the hatchery supply flocks to
comply with the requirements of the poultry disease control act, including
failure to pay the annual plan participation fee required by K.S.A. 2-912,
and amendments thereto, within a 60-day grace period following the date
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that the annual plan participation fee becomes due and owing, or for the
occurrence of repeated outbreaks of pullorum or fowl typhoid in the
hatchery or hatchery supply flocks.
Sec. 5. K.S.A. 2-910, 2-912, 2-914 and 2-915 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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