Kansas 2023-2024 Regular Session

Kansas House Bill HB2608 Compare Versions

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1	1	Session of 2024
2	2	HOUSE BILL No. 2608
3	3	By Committee on Agriculture and Natural Resources
4	4	Requested by Kelsey Olson on behalf of the Kansas Department of Agriculture
5	5	1-25
6	6	AN ACT concerning agriculture; relating to animal health; poultry disease
7	7	control; authorizing the animal health commissioner to adopt rules and
8	8	regulations to administer the poultry disease control act; establishing an
9	9	annual participation fee not to exceed $50 for participation in the
10	10	national poultry improvement plan; a certification fee not to exceed $50
11	11	for persons performing testing and diagnostic services; a testing fee not
12	12	to exceed $100 per visit to each location participating in the plan;
13	13	allowing the commissioner to revoke any national plan hatchery or U.S.
14	14	pullorum-typhoid clean designation for failure to pay the annual plan
15	15	participation fee within a 60-day grace period; amending K.S.A. 2-910,
16	16	2-912, 2-914 and 2-915 and repealing the existing sections.
17	17	Be it enacted by the Legislature of the State of Kansas:
18	18	Section 1. K.S.A. 2-910 is hereby amended to read as follows: 2-910.
19	19	(a) The commissioner is hereby authorized to cooperate with the United
20	20	States department of agriculture in the administration of the plan, may
21	21	enter into a memorandum of understanding with that department therefor
22	22	and may exercise and perform the powers, duties and functions prescribed
23	23	for the commissioner under the memorandum of understanding and the
24	24	plan.
25	25	(b) The commissioner shall have the authority to adopt rules and
26	26	regulations for the administration and enforcement of the poultry disease
27	27	control act.
28	28	Sec. 2. K.S.A. 2-912 is hereby amended to read as follows: 2-912. (a)
29	29	Each person participating in the plan shall pay to the commissioner an
30	30	annual plan participation fee not to exceed $50. Each annual plan
31	31	participation fee shall allow participation in the plan, subject to all other
32	32	applicable requirements, for one year following the date of remittance of
33	33	the fee. The plan participation fee for the subsequent year shall become
34	34	due and owing thereafter.
35	35	(b) All hatcheries, supply flocks of poultry, exhibition flocks of
36	36	poultry, poultry and poultry products shall comply with the provisions of
37	37	the plan which provide procedures required to qualify Kansas as a U.S.
38	38	pullorum-typhoid clean state.
39	39	Sec. 3. K.S.A. 2-914 is hereby amended to read as follows: 2-914. (a)
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74	74	35 HB 2608 2
75	75	Each person performing any testing or poultry disease diagnostic services
76	76	pursuant to the poultry disease control act shall annually obtain from the
77	77	commissioner certification to perform such testing or poultry disease
78	78	diagnostic services and pay a certification fee not to exceed $50. Each
79	79	certification shall expire on September 30 following its issuance.
80	80	(b) Each person performing poultry disease diagnostic services
81	81	pursuant to the poultry disease control act shall report within 48 hours to
82	82	the commissioner or the commissioner's authorized agent the source of
83	83	each poultry specimen from which salmonella pullorum or salmonella
84	84	gallinarum is a reactor or is isolated. Upon receiving such report, the
85	85	commissioner or the commissioner's authorized agent shall investigate to
86	86	determine the origin of the infection.
87	87	(b)(c) Each person who requests that the commissioner or an
88	88	authorized agent of the commissioner perform testing or poultry disease
89	89	diagnostic services pursuant to the poultry disease control act shall, prior
90	90	to any such requested testing being performed, pay to the commissioner a
91	91	fee not to exceed $100 per visit to each location participating in the plan.
92	92	(d) Testing or poultry disease diagnostic services performed other
93	93	than by the commissioner, an authorized agent of the commissioner or an
94	94	individual certified pursuant to this section shall not be considered
95	95	sufficient to support a national plan hatchery or U.S. pullorum-typhoid
96	96	clean designation pursuant to the plan.
97	97	(e) Each flock of poultry which that is found to be infected shall be
98	98	quarantined by the commissioner or the commissioner's authorized agent
99	99	until: (1) It is marketed or destroyed under the supervision of the
100	100	commissioner or the commissioner's authorized agent; or (2) it
101	101	subsequently receives an official blood test conducted in accordance with
102	102	the procedure for reacting flocks under subsection (a)(5) of 9 C.F.R. §
103	103	145.14, as revised as of January 1, 1983 October 5, 2020, and all members
104	104	of the flock of poultry fail to demonstrate pullorum or fowl typhoid
105	105	infection.
106	106	(c)(f) All costs for testing and handling a quarantined flock of poultry
107	107	shall be paid by the owner thereof.
108	108	Sec. 4. K.S.A. 2-915 is hereby amended to read as follows: 2-915.
109	109	After a thorough investigation, the commissioner may revoke any national
110	110	plan hatchery or U.S. pullorum-typhoid clean designation for failure of the
111	111	person operating the hatchery or owning the hatchery supply flocks to
112	112	comply with the requirements of the poultry disease control act, including
113	113	failure to pay the annual plan participation fee required by K.S.A. 2-912,
114	114	and amendments thereto, within a 60-day grace period following the date
115	115	that the annual plan participation fee becomes due and owing, or for the
116	116	occurrence of repeated outbreaks of pullorum or fowl typhoid in the
117	117	hatchery or hatchery supply flocks.
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161	161	Sec. 5. K.S.A. 2-910, 2-912, 2-914 and 2-915 are hereby repealed.
162	162	Sec. 6. This act shall take effect and be in force from and after its
163	163	publication in the statute book.
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