1 004_4-Department of Agriculture, 2009 KAR Vol 1

8/10/2019 1 004_4-Department of Agriculture, 2009 KAR Vol 1

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Agency 4

Kansas Department of Agriculture

Articles

4-1. AGRICULTURALCHEMICALS.4-2. AGRICULTURALSEED.4-3. COMMERCIALFEEDINGSTUFFS.4-4. COMMERCIALFERTILIZERS.4-5. AGRICULTURALLIMINGMATERIALS.4-6. CERTIFICATE OFFREESALE.

4-7. MILK AND

DAIRY

PRODUCTS

.4-8. NOXIOUSWEEDS.4-9. CARCASSBEEF,CALF,VEAL;GRADES.(Not in active use)

4-10. ANHYDROUSAMMONIA.4-11. EGGS.

4-12. PESTCONTROL.(Not in active use)4-13. PESTICIDES.4-14. HONEYBEES.4-15. PLANTS ANDPLANTPRODUCTS.4-16. MEAT ANDMEATPRODUCTSINSPECTION.4-17. POULTRY ANDPOULTRYPRODUCTSINSPECTION.4-18. LIVESTOCKREMEDIES.4-19. SOILAMENDMENTS.

4-20. CHEMIGATION.4-21. NUTRIENTUTILIZATIONPLANS.4-22 to 4-24. RESERVED.4-25. GRAINWAREHOUSE.4-26 to 4-27. RESERVED.4-28 FOODSAFETY.4-29 to 4-32. RESERVED.4-33. MILLLEVYASSESSMENT.

Article 1.AGRICULTURAL CHEMICALS

4-1-1. (Authorized by K.S.A. 2-2205; effec-tive Jan. 1, 1966; revoked May 1, 1982.)

4-1-2. Definitions. (a) Agricultural chemi-cals (poisons). Agricultural chemicals includesinsecticides, fungicides, rodenticides, herbicides,nematocides, defoliants, plant regulators, and des-iccants. A product shall be deemed to be an ag-ricultural chemical regardless of whether theproduct is intended for use as packed or after di-lution or mixture with other substances, such ascarriers or baits. Products intended only for useafter further processing or manufacturing shall

not be deemed to be agricultural chemicals (ec-onomic poisons). Substances which have recog-nized commercial uses other than uses as agricul-tural chemicals shall not be deemed to be

agricultural chemicals unless these substances are:(1) Specially prepared for use as agricultural

chemicals;(2) labeled, represented, or intended for use as

agricultural chemicals; or(3) marketed in channels of trade where they

will presumably be purchased as agriculturalchemicals.

(b) Fungicide. The term fungicide shall notinclude algaecides.


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(c) Plant regulator. Plant regulator shall notinclude substances intended solely for use as plantnutrients or fertilizers.

(d) Active ingredient. An active ingredient isan ingredient which:

(1) Is capable in itself, and when used in thesame manner and for the same purpose as di-rected for use of the product, of preventing, de-stroying, repelling, or mitigating insects, fungi, ro-dents, weeds, or other pests;

(2) Is present in the product in an amount suf-ficient to add materially to its effectiveness; and

(3) Is not antagonistic to the activity of theprincipal active ingredient. The secretary may re-quire an ingredient to be designated as an active

ingredient if, in his or her opinion, it sufficientlyincreases the effectiveness of the agriculturalchemical to warrant that action.

(e) Rodent. Rodent means any animal of theorder Rodentia, including, but not limited to, rats,mice, rabbits, gophers, prairie dogs, and squirrels.

(f) Authorized representative. Authorizedrepresentative means any employee or agent ofthe state authorized by the secretary to make in-

vestigations in connection with the enforcementof the act. (Authorized by K.S.A. 2-2205; imple-menting K.S.A. 2-2202; effective Jan. 1, 1966;amended May 1, 1982.)

4-1-3 and 4-1-4. (Authorized by K.S.A. 2-2205; effective Jan. 1, 1966; revoked May 1, 1982.)

4-1-5. Label.(a) Contents of label. The la-bel of every agricultural chemical shall show,clearly and prominently, the name of the product;the name and address of the manufacturer, theregistrant, or person for whom manufactured; thenet contents; the ingredient statement; and a

warning or caution statement which may be nec-essary to prevent injury to humans and other ver-tebrate animals, useful vegetation, and useful in-

vertebrate animals. The label of any agriculturalchemical which is highly toxic to humans shall also

contain the skull and crossbones, and the wordpoison in red on a contrasting background andthe antidote statement in immediate proximity toit. The antidote statement shall include directionsto call a physician immediately. The label of everyagricultural chemical if necessary to prevent in-

jury to humans and other vertebrate animals, use-ful vegetation and useful invertebrate animals,shall contain an appropriate warning or cautionstatement as required in K.A.R. 4-1-8.

(b) Name and address of manufacturer. An un-

qualified name and address given on the labelshall be considered as the name and address ofthe manufacturer. If the registrants name appearson the label and the registrant is not the manu-facturer, or if the name of the person for whomthe agricultural chemical was manufactured ap-pears on the label, it shall be qualified by appro-priate wording as packed for . . ., distributedby . . ., or sold by . . ., to show that thename is not that of the manufacturer. When a per-son manufactures an agricultural chemical in two(2) or more places or in a place different from themanufacturers principal office, the actual place ofmanufacture of each particular package need notbe stated on the label except when the failure to

name it may be misleading to the public.(c) Name, brand, or trademark of agricultural

chemicals. The name, brand, or trademark of theagricultural chemical appearing on the label shallbe that under which the agricultural chemical isregistered. (Authorized by K.S.A. 2-2205; imple-menting K.S.A. 2-2203; effective Jan. 1, 1966;amended May 1, 1982.)

4-1-6. Ingredient statement.(a) Locationof ingredient statement. The ingredient statementshall appear on that part of the label displayedunder customary conditions of purchase except incases where the secretary determines that, due to

the size or form of the container a statement onthat portion of the label is impractical, and per-mits this statement to appear on another side orpanel of the label. When so permitted, the ingre-dient statement shall be in larger type and moreprominent than would otherwise be possible. Theingredient statement shall run parallel with otherprinted matter on the panel of the label on whichit appears and shall be on a clear contrasting back-ground and not obscured or crowded.

(b) Names of ingredients. The well-knowncommon name of the ingredient shall be given or,if the ingredient has no common name, the cor-

rect chemical name. If there is no common nameand the chemical composition is unknown or com-plex, the secretary may permit the use of a newor coined name which is appropriate for the in-formation and protection of the user. If the use ofa new or coined name is permitted, the secretarymay prescribe the terms under which it shall beused. A trademark or trade name shall not be usedas the name of an ingredient except when it hasbecome a common name.

(c) Percentages of ingredients. Percentages of


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ingredients shall be determined by weight and thesum of the percentages of the ingredients shall beone hundred (100). Sliding scale forms of ingre-dient statements shall not be used.

(d) Designation of ingredients. Active ingredi-ents and inert ingredients shall be so designated,and the term inert ingredient shall appear in thesame size type and be equally as prominent as theterm active ingredients. (Authorized by K.S.A.2-2205; implementing K.S.A. 2-2203; effectiveJan. 1, 1966; amended May 1, 1982.)


4-1-8. Warning or caution statement.

The warning or caution statement shall appear onthe label in a place sufficiently prominent to warnthe user, and shall state clearly and in nontech-nical language the particular hazard involved inthe use of the agricultural chemical and the pre-cautions to be taken to avoid accident, injury, ordamage. The word poison in red on a contrast-ing background in immediate proximity to theskull and crossbones and an antidote, includingdirections to call a physician immediately, shallappear on all agricultural chemicals highly toxic tohumans. (Authorized by K.S.A. 2-2205; imple-menting K.S.A. 2-2203; effective Jan. 1, 1966;

amended May 1, 1982.)4-1-9. Registration.(a) Any manufacturer,

packer, seller, distributor, or shipper of an agri-cultural chemical may register this agriculturalchemical.

(b) If an agricultural chemical is registered un-der the act no further registration under the actis required when the product is in the manufac-turers or registrants original unbroken immedi-ate container or the claims made for it and thedirections for its use do not differ in substancefrom the representations made in connection withregistration.

(c) Applications shall be submitted at leastthirty (30) days before the time when it is desiredthat registration take effect.

(d) Responsibility of a registrant. The registrantis responsible for the accuracy and completenessof all information submitted in connection withthe application for registration of an agriculturalchemical.

(e) Changes in labeling or formulae. Changesin substances in the labeling or changes in theformula of a registered agricultural chemical shall

be submitted in advance to the control division,Kansas state board of agriculture, Topeka, Kansas.The registrant shall describe the exact changes de-sired and the proposed effective date and, uponrequest, shall submit a description of tests which

justify these changes. After the effective date of achange in labeling or formula the product shall bemarketed only under the new claims or formula,except that a reasonable time may be permittedby the secretary to dispose of properly labeledstocks of old products.

(f) Claims must conform to registration. Claimsmade for an agricultural chemical shall not differfrom representations made in connection withregistration. (Authorized by K.S.A. 2-2205; imple-

menting K.S.A. 2-2204; effective Jan. 1, 1966;amended May 1, 1982.)

4-1-10. (Authorized by K.S.A. 2-2205; ef-fective Jan. 1, 1966; revoked May 1, 1982.)

4-1-11. Adulteration; valuable constitu-ent.(a) A valuable constituent shall be consideredas wholly abstracted whenever the labeling of theproduct represents the presence of the constitu-ent within it and this constituent has been whollyomitted in the preparation of the product or hasbeen wholly removed from the completedproduct.

(b) A valuable constituent shall be consideredas partly abstracted whenever the labeling of theproduct it represents the presence of the constit-uent within it and this constituent is not presentor in the amount indicated in the labeling. (Au-thorized by K.S.A. 2-2205; implementing K.S.A.2-2202; effective Jan. 1, 1966; amended May 1,1982.)


4-1-13. Enforcement. (a) Collection ofsamples. Samples of agricultural chemicals shallbe collected by authorized representatives or by

any authorized employee of the state, who hasbeen duly designated by the secretary. An officialrepresentative sample shall be one taken by thesecretary of the state board of agriculture, or aduly authorized agent. An unbroken original pack-age shall be taken as the official sample where theagricultural chemical is packed in small bottles, orsmall packages. Where the agricultural chemicalis packed in large containers, portions for the of-ficial sample shall be taken from not less than five(5) separate original packages, unless there are


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fewer than five (5) separate original packages inthe lot, in which case, portions for the official sam-ple shall be taken from each original package. Ifthe agricultural chemical is in bulk, portions shallbe taken from not less than five (5) differentplaces in the lot.

(b) Examination of samples. Methods of ex-amination of samples shall be those adopted andpublished by the association of official agriculturalchemists, where applicable, and any other meth-ods as may be necessary to determine whether theproduct complies with the law.

(c) Notice of apparent violation. If, from an ex-amination or analysis, an agricultural chemical ap-pears to be in violation of the act, a notice in writ-

ing shall be sent to the person against whomcriminal proceedings are contemplated. The no-tice shall state the manner in which the samplefails to meet the requirements of the act and theregulations. The person to whom the notice wassent shall have the opportunity to offer a writtenexplanation if he or she wishes to respond to thenotice. That person may also file within twenty(20) days of its receipt a written request for anopportunity to present his or her views orally inconnection with the notice. A notice or hearingshall not be required before the seizure of anyagricultural chemical. (Authorized by K.S.A. 2-2205; implementing K.S.A. 2-2206; effective Jan.1, 1966; amended May 1, 1982.)

4-1-14. Product for experimental use. (a)An agricultural chemical sold for experimentaluse, is exempt from the provisions of section 3(a)of the act when:

(1) It is plainly and conspicuously marked forexperimental use only;

(2) Bears the manufacturers or shippers nameand address; and

(3) A permit for this product has been obtainedfrom the secretary.

(b) Permits shall be of two types, specific and

general. A specific permit shall be issued to covera particular shipment on a specified date to anamed person. A general permit shall be issuedto cover more than one shipment over a period oftime to different persons.

(c) All applications for permits covering prod-ucts for experimental use shall be signed by themanufacturer or shipper or person making deliv-ery and shall contain the following:

(1) Name and address of shipper and place orplaces from which shipment will be made;

(2) Proposed date of shipment or proposedshipping period not to exceed one year;

(3) Identification of material to be covered bypermit which should apply to a single material orgroup of closely allied materials;

(4) Approximate quantity to be shipped andtypes of tests such as greenhouse, orchard, orfield;

(5) A signed statement that the agriculturalchemical is intended for experimental use only;and

(6) Proposed labeling which, in addition toother statements, shall state that the product is forexperimental use only.

(d) A permit for shipment of agricultural chem-

icals for experimental use may be canceled at anytime for any violation of the terms of the permit.(Authorized by K.S.A. 2-2205; implementingK.S.A. 2-2207; effective Jan. 1, 1966; amendedMay 1, 1982.)

4-1-15and4-1-16. (Authorized by K.S.A.2-2205; effective Jan. 1, 1966; revoked May 1,1982.)

4-1-17. Registration fee.The annual reg-istration fee for each registered agricultural chem-ical shall be $150.00 for registration periods be-ginning on and after July 1, 2002 and through June30, 2005, regardless of the date when the regis-tration is received. The $150.00 annual registra-tion fee shall revert to $130.00 on and after July1, 2005, unless the termination date is modifiedby statute. (Authorized by K.S.A. 2-2204, asamended by 2002 SB 438, 2 and K.S.A. 2-2205;implementing K.S.A. 2-2204, as amended by 2002SB 438, 2; effective, T-83-35, Nov. 10, 1982;effective May 1, 1983; amended, T-88-46, Nov.10, 1987; amended May 1, 1988; amended, T-4-6-22-89, June 22, 1989; amended Aug. 14, 1989;amended, T-4-6-27-02, July 1, 2002; amendedOct. 25, 2002.)

Article 2.AGRICULTURAL SEEDLABELING

4-2-1. Labeling prohibitions.Any agricul-tural seed shall be deemed mislabeled within themeaning of the act if there appears on the label,container, invoice, other accompanying literature,or any advertising media, any statement directlyor indirectly implying that any agricultural seed isrecommended or endorsed by the Kansas stateboard of agriculture or its state seed laboratory,


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or any of its other divisions. This regulation shallbecome effective on January 1, 1989. (Authorizedby K.S.A. 2-1427; implementing K.S.A. 1987Supp. 2-1417; effective Jan. 1, 1966; amended Jan.1, 1989.)

4-2-2. Labeling treated seed. Treatedseed must be labeled. If seed has been chemicallytreated, each bag or container must be labeledbearing a true statement as follows: The requiredinformation shall be in type no smaller than eightpoint and may be on the tag bearing the analysisinformation or on a separate tag, or it may beprinted in a conspicuous manner on a side or topof the container. (Authorized by K.S.A. 2-1427;effective Jan. 1, 1966.)

SAMPLING

4-2-3. General procedure.(a) In order tosecure a representative sample, equal portionsshall be taken from evenly distributed parts of thequantity of seed to be sampled, unless so storedor piled as to make this impossible or impractical.

(b) For free flowing seed in bags or bulk, aprobe or trier long enough to sample all portionsof the bag should be used.

(c) Non-free-flowing seed, such as certain grassseed, uncleaned seed, or screenings, difficult tosample with a probe or trier, shall be sampled by

thrusting the hand into the bulk and withdrawingrepresentative portions.

(d) The portions shall be combined into a com-posite sample or samples.

(e) As the seed is sampled, each portion shallbe examined, and, whenever there appears to belack of uniformity, additional samples shall betaken to show such lack of uniformity as may exist.(Authorized by K.S.A. 2-1427; effective Jan. 1,1966.)

4-2-4. (Authorized by K.S.A. 2-1427; effec-tive Jan. 1, 1966; revoked Dec. 12, 1994.)

4-2-5.

(Authorized by K.S.A. 2-1427; effec-tive Jan. 1, 1966; revoked Dec. 12, 1994.)

4-2-6. (Authorized by K.S.A. 2-1427; effec-tive Jan. 1, 1966; revoked Dec. 12, 1994.)


ANALYSES IN ADMINISTRATION OF THE ACT

4-2-8. Methods of analyses.(a) Subject tothe provisions of subsection (c) of this regulation,

the methods of analysis shall be those published

by the association of official seed analysts in thefollowing sections of rules for testing seeds, ex-cluding the appendices, dated October 1, 2006and adopted by reference:

(1) Section 2, analysis of the seed;(2) section 3, examinations;(3) section 4, germination tests; and(4) section 5, tolerances.Copies of the material adopted by reference

may be obtained from the office of the agriculturalcommodity assurance program, inspections divi-sion, of the Kansas department of agriculture.

(b) For the purpose of this regulation, the termnoxious-weed seed used in the material adoptedby reference in subsection (a) of this regulationshall mean restricted weed seed as defined inK.S.A. 2-1415(k) and amendments thereto.

(c) The following restrictions shall apply in ad-dition to tolerances for the testing of seed foundin section 5 of the material adopted by referencein subsection (a) of this regulation:

(1) Restricted weed seed tolerances shall notexceed the limitations set forth in K.S.A. 2-1415(k) and amendments thereto.

(2) No tolerance shall be applied to any seedcomponent that is guaranteed as none on thelabel. (Authorized by K.S.A. 2006 Supp. 2-1427;

implementing K.S.A. 2-1423; effective Jan. 1,1966; amended May 1, 1983; amended Jan. 1,1989; amended Dec. 12, 1994; amended Jan. 18,2008.)

TOLERANCES


EXAMINATIONS IN THE ADMINISTRATIONOF THE ACT

4-2-10. Indistinguishable seed.When theidentification of the kind, variety, or type of seed

is not possible by seed characteristics, identifica-tion may be based upon the seeding, growingplant, or mature plant characteristics according tosuch authentic information as is available. (Au-thorized by K.S.A. 2-1427; effective Jan. 1, 1966.)

4-2-11. Origin. The presence of incidentalweed seeds, foreign matter, or any other existingcircumstances shall be considered in determiningthe origin of seed. (Authorized by K.S.A. 2-1427;effective Jan. 1, 1966.)


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GENERAL

4-2-12 and 4-2-13. (Authorized by K.S.A.2-1427; effective Jan. 1, 1966; revoked May 1,1982.)

4-2-14. Seed offered for sale.Agriculturalseeds whether in bags, cartons, bins or other con-tainers exposed in salesrooms, storerooms, ware-houses, or other places where seeds are sold forsowing purposes, shall be considered as seed of-fered or exposed for sale for planting purposesand subject to the provisions of the act, unlessclearly labeled otherwise. (Authorized by K.S.A.2-1427; effective Jan. 1, 1966.)

4-2-15. (Authorized by K.S.A. 2-1425; ef-fective Jan. 1, 1966; amended Jan. 1, 1972;amended, E-78-32, Dec. 7, 1977; amended May1, 1978; revoked May 1, 1983.)


4-2-17. (Authorized by K.S.A. 2-1425; im-plementing K.S.A. 2-1425; effective May 1, 1983;revoked, T-4-7-5-89, July 5, 1989; revoked Aug.14, 1989.)

4-2-17a. Scedule of carges for seedtests.(a) Any person may submit to the state seedlaboratory samples of agricultural seed for ger-mination, purity tests, or both, or other examina-tion and receive the test upon paying to the sec-retary a fee per sample, test or examination. Thefollowing charges shall be made for all seed testson samples submitted to the state seed laboratory:

KIND

PURITY

ONLY

WITH

NOXIOUS

WEED

EXAMINATION

GERMINATION

ONLY

FULL

TEST

NOXIOUS

WEEDS

EXAMINATION

ONLY

AUS. WINTER PEAS $ 9.00 $ 5.00 $14.00

ALFALFA 10.00 5.00 15.00 5.00

AGROTRITICUM 9.00 5.00 14.00 5.00

BARLEY 9.00 5.00 14.00 5.00

BLUESTEM (BIG,

LITTLE, CAUC.) 25.00 20.00 45.00 5.00BERMUDA &

BENTGRASS 12.00 5.00 17.00 5.00

BLUEGRASS,

REDTOP 12.00 5.00 17.00 5.00

BUFFALOGRASS 11.00 11.00 22.00 5.00

BROMEGRASS 12.00 6.00 18.00 5.00

CANARYGRASS 9.00 6.00 15.00 5.00

CLOVERS 10.00 5.00 1 5.00 5.00

CORN 5.00

CORDGRASS 13.00 6.00 19.00 5.00

COWPEAS 7.00 5.00 12.00 5.00

DROPSEED 11.00 8.00 18.00 5.00

FESCUE 10.00 5.00 15.00 5.00

BLUE GRAMAGRASS 17.00 12.00 29.00 5.00

KIND

PURITY

ONLY

WITH

NOXIOUSWEED

EXAMINATION

GERMINATION

ONLY

FULL

TEST

NOXIOUS

WEEDSEXAMINATION

ONLY

GAMAGRASS 9.00 13.00 17.00 5.00

INDIANGRASS 25.00 20.00 45.00 5.00

LESPEDEZA 10.00 5.00 15.00 5.00

LOVEGRASS 11.00 8.00 18.00 5.00

MILLETS 8.00 5.00 13.00 5.00

OATS 9.00 5.00 14.00 5.00

ORCHARDGRASS 12.00 6.00 18.00 5.00

RAPE SEED 10.00 6.00 16.00 5.00

CANARYGRASS 9.00 6.00 15.00 5.00

RYE 9.00 5.00 14.00 5.00

RYEGRASS 11.00 5.00 16.00 5.00

SUNFLOWER 8.00 5.00 13.00 5.00

SORGHUM 9.00 5.00 14.00 5.00

SOYBEANS 9.00 5.00 14.00

SAND DROPSEED 11.00 8.00 18.00 5.00

SUDANGRASS 9.00 5.00 14.00 5.00

SWITCHGRASS 10.00 7.00 17.00 5.00TIMOTHY 8.00 5.00 13.00 5.00

VETCH 7.00 5.00 12.00 5.00

VETCH (CROWN) 10.00 5.00 15.00 5.00

WHEAT 9.00 5.00 14.00 5.00

WHEATGRASSES 13.00 7.00 20.00 5.00

TRITICALE 9.00 5.00 14.00 5.00

SIDEOATS GRAMA 25.00 20.00 45.00 5.00

PRAIRIE

CONEFLOWER 10.00 5.00 15.00 5.00

WINTERBERRY

EUONONYMUS 10.00 5.00 15.00 5.00

VEGETABLES 5.00

CREEPING

FOXTAIL 7.00

Fees for examining or testing crops not listedshall be charged at same rate as for similar species

listed.(b) Special services and tests. Mixtures shall be

charged at 50% over normal rate of purity sepa-rations, plus an additional 50% of the normal ger-mination charge for each additional crop speciegerminated.

(1) Purity ahead on written report. A chargeof $5.00 shall be made for each purity report thatis prepared and mailed prior to germination report.

(2) Purity ahead or any other information re-quested by telephone. A charge of $1.00 shall bemade for each long distance telephone call via theKans-a-n system.*

(3) Tetrazolium test. Tetrazolium tests (TZtests) shall be handled as a rush service wheneverpossible. TZ testing shall be limited to smallgrains, corn, soybeans, sorghums, bromegrass,fescues and switch-grass. The charge shall be$10.00. All results of TZ tests will be reported bytelephone free of charge.

(4) Soybean stress test. The charge for AA-stress test will be $5.00 if submitted separately, or$9.00 for both an AA test and a standard germina-tion performed on the same sample concurrently.


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(5) All states noxious weed examination. Thecharge for this test shall be $5.00 extra per sample.

(6) Any state noxious weed examination. Thecharge for this test shall be $5.00 extra per sample.

(7) Excessive time. No additional charge willbe made for difficult samples when the seed ap-pears to be fit for seeding purposes or when theseed can be processed to a salable quality.

(8) Caryopsis count Buffalo grass. Thecharge for this test shall be $10.00 extra persample.

(9) Filled seed count. The charge for this testshall be $5.00 extra per sample.

(10) Rush charge. The charge for this serviceshall be $5.00 extra per sample. This charge shall

apply to all tests for which expedited service isrequested.

(c) This regulation shall be in force and effecton and after July 1, 1989. (Authorized by K.S.A.2-1427; implementing K.S.A. 2-1425 as amendedby 1989 HB 2133; effective, T-4-7-5-89, July 5,1989; effective Aug. 14, 1989.)

4-2-18 Label requirements for seed de-livered to wholesalers. Seed delivered in bulkto a wholesaler after conditioning shall be com-pletely labeled by an invoice or master label at-tached to the bulk container. Seed delivered to a

wholesaler in bags or other containers may be la-

beled by an invoice or master label that bears alot number and all other information required bylaw provided that each individual bag or othercontainer is properly identified with the lot num-ber shown on the invoice or master label clearlyand readably stenciled on each individual bag orother container. Each bag or other container

which does not bear a lot number that corre-sponds to an invoice or master label shall be com-pletely labeled. This regulation shall become ef-fective on January 1, 1989. (Authorized by K.S.A.2-1427; implementing K.S.A. 1987 Supp. 2-1417;effective Jan. 1, 1989.)

4-2-20 Adoption by reference.The fol-lowing sections of 7 C.F.R. part 201, as revised onJanuary 1, 2007, are hereby adopted by reference:

(a) 201.39;(b) 201.40;(c) 201.41;(d) 201.42; and(e) 201.43.

(Authorized by K.S.A. 2006 Supp. 2-1427; imple-menting K.S.A. 2-1423; effective Dec. 12, 1994;amended Jan. 18, 2008.)

Article 3.COMMERCIAL FEEDING

STUFFSDEFINITIONS

4-3-1 (Authorized by K.S.A. 2-1013; effec-tive Jan. 1, 1966; revoked May 1, 1982.)

4-3-2 Definitions. (a) International chickunit of vitamin D is the activity produced by oneunit of vitamin D in the U. S. pharmacopoeia vi-tamin D reference standard determined accord-ing to the method of the association of official ag-ricultural chemists.

(b) U.S.P. means the United States pharma-copoeia, volume XIII.

(c) Crude protein and protein means theproduct of the amount of nitrogen times the factor6.25.

(d) Person means individuals, partnerships,associations or persons, and corporations.

(e) Livestock. Livestock means and includeshorses, mules, cattle, sheep, swine and goats.

(f) Poultry. Poultry means fowl raised formeat, eggs, or feathers, and includes chickens,ducks, guineas, geese, turkeys and pigeons. (Au-thorized by K.S.A. 2-1013; implementing K.S.A.2-1001; effective Jan. 1, 1966; amended May 1,1982; amended May 1, 1983.)

LABELING

4-3-3 Legibility and conspicuousness.(a) A word, statement, or other information re-quired by or under the authority of the act orthese regulations to appear on the label may lackthat legibility and conspicuousness by reason of:

(1) The failure of this word, statement, or in-formation to appear on the part or panel of thelabel which is presented or displayed under cus-tomary conditions of purchase;

(2) The insufficiency of label space for theprominent placing of this word, statement, or in-

formation resulting from the use of label space forany word, statement, design, or device which isnot required by or under authority of the act toappear on the label; and

(3) Smallness of style or type in which this word,statement, or information appears, insufficientbackground contrast; obscuring designs or vi-gnettes; or crowding with other written, printed,or graphic matter. (Authorized by K.S.A. 2-1013;implementing K.S.A. 2-1002; effective Jan. 1,1966; amended May 1, 1982.)


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4-3-5. Thename.(a) The name shall not bemisleading or deceptive, or tend to mislead or de-ceive as to the materials of which the commercialfeeding stuffs is composed. The name of a non-medicated feed shall be considered misleading ordeceptive if:

(1) It includes or suggests the name of one ormore but not all of the ingredients, even thoughthe names of all these ingredients are stated else-

where on the label;(2) It indicates or suggests that the commercial

feeding stuffs is intended or adapted for a specificuse, unless the character, quality and nutritivecomposition of the product is satisfactory for thepurpose;

(3) It contains the word vitamin or a contrac-tion of it, or any word suggesting vitamin, unlessthe product is represented solely as a vitamin sup-plement and is labeled with the minimum vitamincontent guaranteed as specified in K.A.R. 4-3-8;

(4) The word dehydrated appears in the nameof an alfalfa product or in connection with it, un-less the product has been produced from thefreshly cut alfalfa plant, having a moisture contentof not less than fifty (50) percent and had beenartificially dried at a temperature of at least one

hundred (100) degrees centigrade or two hundredand fifteen (215) degrees fahrenheit for a periodof not more than forty (40) minutes and contain-ing no admixture of sun-cured products;

(5) The germ has been wholly or partially re-moved from the product, unless the word de-germed precedes the name;

(6) The word defluorinated is used as a partof it, and the product contains more than one (1)part of fluorine (F) to forty (40) parts of phospho-rus (P);

(7) Superlative, ambiguous, or doubtful termsare used as a part of it, such as perfect or best,unless followed by the word brand; and

(8) The word iodized is used as a part of itunless the product contains more than .007% io-dine (I), uniformly distributed. (Authorized byK.S.A. 2-1013; implementing K.S.A. 2-1002; ef-fective Jan. 1, 1966; amended May 1, 1982.)

4-3-6. Name and address of manufac-turer.An unqualified name and address given onthe label shall mean the name and address of themanufacturer. If the registrants name appears onthe label and the registrant is not the manufac-

turer, or if the name of the person for whom man-ufactured appears on the label, it shall be qualifiedby appropriate wording such as packedfor . . ., distributed by . . ., or soldby . . ., to show that the name is not that of themanufacturer. When a person manufactures com-mercial feeding stuffs in two (2) or more placesor in a place different from the manufacturersprincipal office, the actual place of manufactureof each package need not be stated on the labelexcept when the failure to name it may be mis-leading to the public. (Authorized by K.S.A. 2-1013; implementing K.S.A. 2-1002; effective Jan.1, 1966; amended May 1, 1982.)

4-3-7. Ingredient statement.(a) The spe-cific name of each ingredient or collective term orterms shall be shown on the label. When a collec-tive term or terms for a group of ingredients isused on the label, individual ingredients withinthe group shall not be listed on the label. Themanufacturer shall provide upon request a listingof individual ingredients within a defined group.The specific name or collective term or terms shallbe those products for which a definition or stan-dard has been adopted. If the ingredient is a prod-uct that has not been defined, the name shall bedescriptive and as approved by the secretary.

(b) If screenings are used as an ingredient, the

source and condition shall be indicated.(c) A statement of quality or grade of an ingre-dient shall not appear on the ingredientstatement.

(d) A statement of vitamin content of an ingre-dient shall not appear in the ingredient statement,or any other part of the label, unless this statementis a guarantee of minimum vitamin content of theentire product given in terms as specified inK.A.R. 4-3-8.

(e) Statements or words explaining or qualifyingthe name of an ingredient shall not be used. (Au-thorized by K.S.A. 2-1013; implementing K.S.A.2-1002; effective Jan. 1, 1966; amended Jan. 1,1972; amended May 1, 1982.)

4-3-8. Vitamin products, carriers andpreparations. Vitamin products, carriers andpreparations shall be labeled to show informationor guaranties as to vitamin content in milligramsper pound, except that vitamin A shall be statedin United States pharmacopoeia (U.S.P.) units perpound, vitamin D in products offered for poultryfeeding in international chick units per pound, vi-tamin D for other uses in U.S.P. units per pound.


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(Authorized by K.S.A. 2-1002; effective Jan. 1,1966.)

4-3-9. Feeds containing drug ingredi-ents.Commercial feeding stuffs containing drugingredients intended or represented for the cure,mitigation, treatment or prevention of any diseaseor ailment of livestock and/or poultry, and sub-stances other than feeds intended to affect thestructure or any function of the body of livestockand/or poultry, shall be labeled to show, in addi-tion to the other information required by the act:

(a) The name of each therapeutically active in-gredient or agent stated as such and listed sepa-rately from other ingredients.

(b) Adequate directions for use.(c) Adequate warnings against use under those

conditions in which its use may be dangerous tohealth:

Provided, however,That the terms drug andsubstance as used herein do not apply to vita-min, mineral, or other materials used solely fornutritional purposes, and not present in therapeu-tic amounts. (Authorized by K.S.A. 2-1002; effec-tive Jan. 1, 1966.)

4-3-10. Urea.Urea and ammonium salts ofcarbonic and phosphoric acids are acceptable in-gredients in proprietary cattle, sheep and goatfeeds only; that these materials shall be consid-ered adulterants in proprietary feeds for other an-imals and birds; and that the following statementof guaranty of crude protein for feeds containingthese materials be used:

Crude Protein, not less than percent. (This includesnot more than percent equivalent protein from non-protein nitrogen.)

If feed contains more than three percent of urea,or if the equivalent protein contributed by ureaexceeds 13 of the total crude protein, the labelshall bear a statement of proper usage, and thefollowing statement in type of such conspicuous-ness as to render it likely to be read and under-

stood by ordinary individuals under customaryconditions of purchase and use:

WARNING: This feed should be used only in accordance withdirections furnished on the label.


REGISTRATION

4-3-11. Registration. (a) After a commer-cial feeding stuffs is registered under the act, no

further registration is required by persons sellingthe product, provided it remains in the registrantsproperly labeled, original unbroken, immediatecontainer.

(b) Registration shall be effective on the datethe registration is issued.

(c) The secretary may refuse registration if:(1) The name, brand or trademark is misleading

or deceptive or may tend to mislead or deceive asto the materials of which the product is composed;

(2) The person already has a product registeredunder the same name; or

(3) The copy of label does not show the infor-mation as required by the act and these regula-tions or fails to conform to any of the require-

ments of the act. (Authorized by K.S.A. 2-1013;implementing K.S.A. 2-1003; effective Jan. 1,1966; amended May 1, 1982.)

4-3-12. Permit system. (a) The permitholder shall keep the records of sales available forinspection for a period of three years.

(b) The secretary may cancel the permit if:(1) The holder fails to report and pay the in-

spection fee within thirty days after due andpayable;

(2) Refuses to permit the secretary or his dulyauthorized representative to examine the records;or

(3) Makes a false report of tonnage of feedingstuffs sold on which the inspection fee was due.(Authorized by K.S.A. 2-1013; implementingK.S.A. 2-1004; effective Jan. 1, 1966; amendedJan. 1, 1972; amended Feb. 15, 1977; amendedMay 1, 1982.)

ADMINISTRATION

4-3-13. Hearing.(a) The notice of hearingas specified in K.S.A. 2-1010, shall be in writing,and mailed first class to the record address of themanufacturer or dealer. The person so notifiedshall be given an opportunity to present his views

in writing or by representative.(b) Upon request reasonably made, by the per-son to whom a notice appointing a time and placefor the hearing as provided by K.S.A. 2-1010, hasbeen given, or by his representative, such timeand place, or both such time and place, may bechanged if the request states reasonable groundstherefor. Such request shall be received by thesecretary, or his agent who issued the notice.

(c) No notice of hearing shall be required priorto the seizure of any commercial feeding stuffs.


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GENERAL

4-3-14. Artificial color. Artificial colorsshall be considered an adulterant in a commercialfeeding stuffs whereby its use would tend to en-hance the natural color or conceal inferiority.Dyes certified for use under the federal food, drugand cosmetic act may be used to indicate the dis-tribution of a valuable ingredient or ingredients,or to increase or aid in proper intake of a feedingstuffs. (Authorized by K.S.A. 2-1013; effective Jan.1, 1966.)

4-3-15. Name of unmixed by-productfeeds containing screenings or scourings. Un-

mixed by-product feeds, to which either screen-ings or scourings or both have been added, shallbe labeled to clearly indicate this fact in the name.The word screenings or scourings together

with the kind of screenings or scourings shall ap-pear as a part of the name and shall be printed inthe same size and face of type as the remainderof the name. (Authorized by K.S.A. 2-1013; im-plementing K.S.A. 2-1002; effective Jan. 1, 1966;amended May 1, 1982.)

4-3-16 to 4-3-18. (Authorized by K.S.A.

2-1013; effective Jan. 1, 1966; revoked May 1,1982.)

DEFINITIONS FOR COMMERCIALFEEDING STUFFS

4-3-19 and 4-3-20. (Authorized by K.S.A.2-1013; effective Jan. 1, 1966; amended Jan. 1,1972; revoked May 1, 1981.)

4-3-21 and 4-3-22. (Authorized by K.S.A.2-1013; effective Jan. 1, 1966; revoked May 1,1981.)

4-3-23 to 4-3-29. (Authorized by K.S.A.2-1013; effective Jan. 1, 1966; amended Jan. 1,

1972; revoked May 1, 1981.)


4-3-31 to 4-3-33. (Authorized by K.S.A.2-1013; effective Jan. 1, 1966; amended Jan. 1,1972; revoked May 1, 1981.)

4-3-34. (Authorized by K.S.A. 2-1013; ef-fective Jan. 1, 1966; amended Jan. 1, 1972;amended May 1, 1980; revoked May 1, 1981.)

4-3-35. (Authorized by K.S.A. 2-1013; ef-fective Jan. 1, 1966; amended Jan. 1, 1972; re-

voked May 1, 1981.)


4-3-37 to 4-3-40. (Authorized by K.S.A.2-1013; effective Jan. 1, 1966; amended Jan. 1,1972; revoked May 1, 1981.)

4-3-41. (Authorized by K.S.A. 2-1013; ef-fective Jan. 1, 1966; amended Jan. 1, 1972;amended May 1, 1980; revoked May 1, 1981.)

4-3-42 and 4-3-43. (Authorized by K.S.A.2-1013; effective Jan. 1, 1966; amended Jan. 1,

1972; revoked May 1, 1981.)4-3-44 and 4-3-45. (Authorized by K.S.A.

2-1013; effective Jan. 1, 1966; revoked May 1,1981.)


4-3-47. Adoption by reference.The texttitled official feed terms on pages 237 through250 and official names and definitions of feedingredients as established by the association ofAmerican feed control officials on pages 254through 359 in the 2007 official publication,

copyrighted in 2007 by the association of Ameri-can feed control officials incorporated, is adoptedby reference and shall apply to commercial feed-ing stuffs in this state.

Copies of these definitions and terms may beobtained from the office of the agricultural com-modity assurance program, Kansas department ofagriculture, Topeka, Kansas. (Authorized byK.S.A. 2-1013; implementing K.S.A. 2-1002 andK.S.A. 2006 Supp. 2-1013; effective May 1, 1981;amended May 1, 1982; amended May 1, 1984;amended May 1, 1988; amended Oct. 21, 1991;amended Dec. 12, 1994; amended June 15, 2001;amended Jan. 18, 2008.)

4-3-48. Official and tentative defini-tions. Despite the designation of various defini-tions of feed ingredients as official or tenta-tive, in the Official Publication of Association ofAmerican Feed Control Officials Incorporatedadopted by reference in K.A.R. 4-3-47, all defi-nitions shall become effective upon the adoptionof this regulation. (Authorized by K.S.A. 2-1013as amended by L. 1987, Ch. 7, Sec. 1; imple-menting K.S.A. 2-1002 and 2-1013 as amended by


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L. 1987, Ch. 7, Sec. 1; effective May 1, 1981;

amended May 1, 1982; amended May 1, 1984;amended May 1, 1988.)

4-3-49. Good manufacturing practices;adoption by reference. Parts 225 and 226 oftitle 21 of the code of federal regulations, revisedon April 1, 2006, are hereby adopted by referenceand shall apply to good manufacturing practicesfor the production of commercial feeding stuffs inKansas.

Copies of the regulations, or pertinent portionsof the regulations, shall be available from the of-fice of the agricultural commodity assurance pro-gram, Kansas department of agriculture, Topeka,

Kansas. (Authorized by and implementing K.S.A.2006 Supp. 2-1013; effective, T-88-46, Nov. 10,1987; effective May 1, 1988; amended Oct. 21,1991; amended Dec. 12, 1994; amended, T-4-2-13-01, Feb. 13, 2001; amended June 15, 2001;amended Jan. 18, 2008.)

4-3-50. Good manufacturing practicesadditional definitions.(a) All references to anyform, either by number or by any other desig-nation, in the portions of the code of federal reg-ulations adopted by reference in K.A.R. 4-3-49shall mean a form supplied by the division of in-spections of the state board of agriculture.

(b) All references to state feed control offi-cials in the portions of the code of federal regu-lations adopted by reference in K.A.R. 4-3-49shall mean the secretary of the state board of ag-riculture or the secretarys authorized represen-tative.

(c) All references to the center for veterinarymedicine contained in the portions of the codeof federal regulations adopted by reference inK.A.R. 4-3-49 shall mean the division of inspec-tions, Kansas state board of agriculture unless thecontext requires otherwise.

(d) Term Type A medicated feed or Type

A medicated article means a feeding stuff or in-gredient for a feeding stuff which is intendedsolely for use in the manufacture of either anotherType A medicated article or a Type B or Type Cmedicated feed.

(e) The term Type B medicated feed meansa feeding stuff or an ingredient for a feeding stuff

which contains a substantial quantity of nutrientsincluding vitamins or minerals or other nutritionalingredients in an amount not less than 25% of the

weight of the Type A medicated article and which

is intended solely for the manufacture of othermedicated feeds, either Type B or Type C.

(f) The term Type C medicated feed meansa feeding stuff or an ingredient for a feeding stuff

which contains a substantial quantity of nutrientsincluding vitamins, minerals, or other nutritionalingredients and which is intended as the completefeed for the animal. (Authorized by and imple-menting K.S.A. 2-1013 as amended by L. 1987,Ch. 7, Sec. 1; effective, T-88-46, Nov. 10, 1987;effective May 1, 1988.)

4-3-51. Prohibited feeding stuffs; adop-tion by reference. Part 589 of title 21 of the codeof federal regulations, revised on April 1, 2006, is

hereby adopted by reference and shall apply tothe production of all commercial feeding stuffsand custom-mixed feed in Kansas. Copies of theregulations, or pertinent portions of the regula-tions, shall be available from the office of the ag-ricultural commodity assurance program, Kansasdepartment of agriculture, Topeka, Kansas. (Au-thorized by and implementing K.S.A. 2006 Supp.2-1013; effective, T-4-2-13-01, Feb. 13, 2001; ef-fective June 15, 2001; amended Jan. 18, 2008.)

Article 4.COMMERCIAL FERTILIZERS

4-4-1. Micronutrients. Additional plant

nutrients, besides nitrogen, phosphorus and po-tassium, when mentioned or claimed on the labelor container shall be registered and shall be guar-anteed. Guarantees shall be made on the elemen-tal basis. Sources of the elements guaranteed shallbe shown on the application for registration.

When claims for such nutrients are made on thelabel, containers, or application for registration,the minimum percentages which will be acceptedfor registration. (See table 1.)

TABLE 1

Percent

Calcium (Ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00

Magnesium (Mg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 .50Sulfur (S) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00Boron (B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.02Chlorine (Cl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.10Cobalt (Co) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.0005Copper (Cu) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.05Iron (Fe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.10Manganese (Mn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 .05Molybdenum (Mo) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.0005Sodium (Na) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.10Zinc (Zn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.05

Guarantees or claims for the above-listed ad-


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ditional plant nutrients are the only ones whichwill be accepted. Proposed labels and directionsfor use of the fertilizer shall be furnished with theapplication for registration upon request. Warningor caution statements are required on the labelfor any product which contains 0.03 percent ormore of boron in a water-soluble form or 0.001percent or more of molybdenum. Any of theabove-listed elements which are guaranteed shallappear in the order listed, immediately followingguarantees for the primary nutrients, nitrogen,phosphorus and potassium. (Authorized by K.S.A.2-1210; effective Jan. 1, 1966.)

4-4-2. Inspection fee. The inspection feefor commercial fertilizers shall be $1.67 for each2,000 pounds. (Authorized by and implementingK.S.A. 2-1205, as amended by L. 2002, Ch. 181, 1; effective, T-83-35, Nov. 10, 1982; effectiveMay 1, 1983; amended May 1, 1984; amendedMay 1, 1986; amended, T-87-6, May 1, 1986;amended May 1, 1987; amended, T-4-6-22-89,June 22, 1989; amended Aug. 14, 1989; amendedOct. 25, 2002.)

4-4-9. Definitions. (a) Alternative de-sign means any process or technique for eitherprimary or secondary containment that has beenapproved by the secretary in accordance withK.A.R. 4-4-956.

(b) Application equipment means any equip-ment used to apply fertilizer to land.

(c) Appurtenance means any device used inconnection with a bulk fertilizer storage containeror bulk fertilizer secondary containment area,structure, or device, including any safety device,liquid-level gauging device, auger, pump, valve,pipe, hose, fitting, and measuring or dispensingdevice.

(d) Berm means a dike, wall, or embankmentused to contain liquid fertilizer.

(e) Bladder tank means any liquid fertilizerstorage system consisting of the following:

(1) An external tank capable of holding thebladder tanks maximum volume without leakage;(2) an internal, liquid-tight bladder that obtains

its structural support from the external tank andis capable of holding the bladder tanks maximum

volume without leakage; and(3) a permanent cover to prevent the entry of

precipitation.(f) Blending means combining fertilizers or

fertilizer ingredients to the customers specifica-tions.

(g) Bulk fertilizer means any fertilizer,whether dry or liquid, that is stored in quantitiesspecified in K.A.R. 4-4-900 through K.A.R. 4-4-986.

(h) Bulk fertilizer storage container meansany receptacle or device in which a bulk fertilizeris stored.

(i) Bulk fertilizer storage facility and facilitymean any warehouse or other area where a bulkfertilizer, either in bulk or bagged, is held for stor-age. These terms shall include any facility in whichfertilizer is mixed, blended, loaded, or unloaded.Each bulk fertilizer storage facility located within300 feet of another facility owned or operated bythe same person shall be considered the same fa-

cility for the purpose of determining the numberof consecutive days in storage and determining

whether the facility is exempt from the require-ments of K.A.R. 4-4-900 through K.A.R. 4-4-986.

(j) Chemically compatible means that the ma-terial will not react adversely with the bulk fertil-izer that is being or will be stored, loaded, un-loaded, mixed, blended, or otherwise handled.

(k) Discharge means any spill, leak, deposit,pumping, dumping, or emptying, whether acci-dental or intentional, that results in the release ofa fertilizer. This term shall not include the lawfultransferring, loading, unloading, repackaging, re-filling, distributing, using, or disposing of a fertil-izer, and the normal washing and rinsing activitieson loading areas.

(l) Dry fertilizer means any fertilizer that isin solid form before any end-use application ormixing or blending for end-use application. Thisterm shall include formulations including dusts,powders, and granules.

(m) Elephant ring means an open-top storagecontainer that serves as a secondary containment

vessel into which a smaller primary storage con-tainer has been placed.

(n) Empty storage container means a bulkfertilizer storage container that has a liquid vol-

ume of less than one percent of the containercapacity.(o) End-use application means the applica-

tion of fertilizer to soil or plants in the course ofnormal agricultural or horticultural practice.

(p) Existing facility means any facility alreadybuilt and either in operation or capable of beingin operation on the effective date of theseregulations.

(q) Fertilizer products means any substance,including rinsates, that contains elements or com-


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pounds used to promote the growth of agriculturalor horticultural plants.

(r) Floodplain means the lowlands and rela-tively flat areas adjoining inland waters, includingflood-prone areas that are inundated by floods andthat have a one percent or greater chance of re-curring flooding in any given year.

(s) Flood-proof facility means a facility thathas been constructed and maintained to withstand

waters from a 100-year flood event and preventfloodwater from contacting the fertilizer.

(t) Gallon means the United States standardmeasure of one gallon.

(u) Inspection port means a secured openingthat allows access into the interior of a bulk fer-

tilizer storage container for the purpose ofinspection.

(v) Liquid fertilizer means any bulk fertilizerin liquid form before dilution for end-use appli-cation. This term shall include solutions, emul-sions, suspensions, slurries, and gels. This termshall not include anhydrous ammonia.

(w) Loading pad means a permanent or port-able structure in the operational area designedand constructed to intercept and contain spills,rinse water, and precipitation to prevent runoffand the leaching of fertilizer.

(x) Low-volume pass-through means the ton-nage of fertilizer transferred away from the facil-ity, during any consecutive 365-day period, below

which an operational area shall not be required.(y) Mixing means the combining of fertilizers

or fertilizer ingredients into a fertilizer product forresale to nonspecific customers.

(z) Mobile storage container means a bulkfertilizer storage container that is used for trans-portation or temporary storage of bulk fertilizer.

(aa) Modification means any change in struc-tures, processes, or activities at a bulk fertilizerstorage facility that alters the efficacy of contain-ment structures or systems, including changes incapacity. Modification to an existing facility shall

void any applicable exemption as specified in thisarticle. Modified shall describe a fertilizer facil-ity that has any modifications, as defined in thissubsection.

(bb) Operational area means any area at thefertilizer facility where fertilizers are mixed,loaded, unloaded, or blended, or where fertilizersare washed from application, storage, or transpor-tation equipment.

(cc) Permanent cessation of operationsmeans that, for at least 12 consecutive months, the

facility has not been used to load, unload, mix, or

blend any fertilizers.(dd) Plot plan means a map or diagram show-ing the general layout of the facility.

(ee) Primary containment means the bulkfertilizer storage container that is in direct contact

with the fertilizer being stored.(ff) Process flow diagram means a schematic

design showing the movement of fertilizerthrough the facility.

(gg) Reasonably foreseeable means what thesecretary determines would have been foreseea-ble at the time the decision affecting the facilityor its condition was made. This term shall includeconsideration of the facility owners or operators

knowledge of conditions at the time the conditionwas created or the decision was made.

(hh) Secondary containment means anystructure, tank, liner, or container that is de-signed, constructed, and maintained to performthe following:

(1) Intercept, hold, contain, or confine a dis-charge of fertilizer from primary containment

(2) prevent runoff and(3) avoid leaching.(ii) Secretary means the secretary of the Kan-

sas department of agriculture or the secretarysauthorized representative.

(jj) Sump means a recessed reservoir de-signed to be a receptacle for the collection ofliquids.

(kk) Temporary storage means the storage ofbulk fertilizer for no more than 60 consecutivedays.

(ll) Tip tank means any tank or combinationof tanks that is built on a frame having wheels andthat is designed solely for the temporary storageof liquid fertilizer before its transfer to applicationequipment and not for the transportation of liquidfertilizer.

(mm) Ton means 2,000 pounds.

(nn) Wastewater means any water that is aresult of precipitation collected in the facility orrinsates from cleaning the equipment or facility.(Authorized by and implementing K.S.A. 2-1227effective Jan. 14, 1991 amended Jan. 25, 1993amended, T-4-7-1-94, July 1, 1994 amended Aug.22, 1994 amended July 18, 2003.)

4-4-901. Storage containers and appur-tenances; basic requirements.(a) Each storagecontainer and appurtenance shall be constructed,


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installed and maintained to prevent the dischargeof fluid fertilizer.

(b) Each storage container and appurtenanceshall be constructed of materials which are resis-tant to corrosion, puncture or cracking.

(c) All materials used in the construction or re-pair of any storage container or appurtenanceshall not be of a type which react either chemicallyor electrolytically with stored fluid fertilizer and

which might weaken the storage container or ap-purtenance, or create a risk of discharge.

(d) All metals used for valves, fittings and re-pairs shall be compatible with the metals used inthe construction of the storage container or ap-purtenance, so that the combination of metals

does not cause or increase any corrosion whichmight weaken the storage container or any ap-purtenance, or create a risk of discharge.

(e) Each storage container and appurtenanceshall be designed to handle all operating stresses,taking into account static-head, pressure buildupfrom pumps and compressors, and any other me-chanical stresses to which the storage containerand appurtenance may be subject in the foresee-able course of operations.

(f) Every storage container connection shall beequipped with a shut-off valve located on the stor-age container as indicated by standard engineer-

ing practice except for any safety relief connec-tion. Shut-off valves shall be left closed andsecured except during periods of use. (Authorizedby and implementing K.S.A. 1989 Supp. 2-1277;effective Jan. 14, 1991.)

4-4-902. Prohibition against under-ground storage.(a) From and after the effectivedate of this regulation, no person shall constructnew storage containers for underground storageof fluid fertilizer. This prohibition does not applyto:

(1) a watertight catch basin used for the tem-porary collection of runoff or rinsate from transfer

and loading areas; or(2) storage in a stainless steel storage con-tainer, or other approved storage container, if:

(A) the storage container is enclosed within anapproved liner as required by K.A.R. 4-4-933; and

(B) an approved program of ground watermonitoring has been established to detect leakage.

(b) From and after the effective date of thisregulation, wherever an underground storagecontainer for the storage of bulk fertilizer alreadyexists, a leak detection and liquid recovery system

shall be installed within the time prescribed by

K.A.R. 4-4-952.(c) The liquid recovery portion of the systemshall be located under the lowest area of the stor-age container and shall contain:

(1) a moisture barrier located below the stor-age container extending at least to the storagecontainers edges and draining into a collectionsump;

(2) a collection sump equipped with a liquidactivated pump to transfer collected liquid to an-other storage container located on or aboveground level; and

(3) an alarm system which is activated when-ever the pump is activated and which remains ac-tivated until manually reset.

(d) For purposes of this regulation, the termunderground storage container includes everystorage container having more than 10% of its ca-pacity, including the capacity of any piping, lo-cated below the soil surface.

(e) From and after January 1, 1994, no fertil-izer shall be stored in an underground storagecontainer. (Authorized by and implementingK.S.A. 1989 Supp. 2-1227; effective Jan. 14,1991.)

4-4-903. Prohibited materials. (a) Stor-

age containers, elephant rings, and appurtenancesshall not be constructed of copper, brass, zinc, orcopper-base alloys unless recommended in writ-ing by the manufacturer.

(b) Storage containers, elephant rings, and ap-purtenances used for the storage of fluid fertiliz-ers containing phosphates or chlorides shall notbe constructed of aluminum or aluminum alloysunless recommended in writing by themanufacturer.

(c) Storage containers, elephant rings, and ap-purtenances used for the storage of fertilizers orfluid fertilizer materials which have a pH of five

or less shall not be constructed of ferrous mate-rials other than stainless steel unless the ferrousmaterials have been coated or treated with pro-tective substances adequate to prevent corrosioncaused by the substance being stored or unlessrecommended in writing by the manufacturer.

(d) Storage containers, elephant rings, and ap-purtenances used for the storage of aqueous so-lutions of anhydrous ammonia shall not be con-structed of galvanized brass or bronze materialsand shall not be constructed of mild steel, stainless


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steel, aluminum, fiberglass, polyolefins or plasticunless recommended by the manufacturer.

(e) Storage containers, elephant rings, and ap-purtenances used for the storage of phosphoricacid shall not be constructed of ferrous materialsother than stainless steel unless the container islined with a suitable substance to prevent corro-sion caused by the substance being stored unlessrecommended in writing by the manufacturer.

(f) Storage containers, elephant rings, and ap-purtenances used for the storage of fluid fertiliz-ers containing potassium chloride shall not beconstructed of ferrous materials other than stain-less steel or mild steel, unless:

(1) the container and appurtenances have been

coated or treated with protective substanceswhich are adequate to prevent corrosion resultingfrom the material being stored; or

(2) unless storage of fluid fertilizers containingpotassium chloride in storage containers con-structed of ferrous materials other than stainlesssteel or mild steel has been recommended in writ-ing by the manufacturer of the container; and

(3) the container or appurtenance is used forstorage periods of not more than a total of 90 cal-endar days within any period of 365 consecutivedays. In such instances, the storage container shallbe completely emptied between storage periods;or

(4) the empty container and appurtenances arecleaned and inspected for leaks prior to being re-filled. (Authorized by and implementing K.S.A.1989 Supp. 2-1227; effective Jan. 14, 1991.)

4-4-904. Grounding and anchoring stor-age containers. Storage containers shall be an-chored, as necessary, to prevent flotation or insta-bility which might occur as a result of liquidaccumulations within a secondary containment fa-cility constructed in accordance with K.A.R. 4-4-900 et seq. Metal storage containers shall begrounded when necessary to prevent corrosion orother damage which may be caused by electrolyticreaction with the material being stored. (Author-ized by and implementing K.S.A. 1989 Supp. 2-1227; effective Jan. 14, 1991.)

4-4-905. Security. (a) All storage contain-ers and appurtenances shall be either locked, lo-cated within a fenced enclosure or otherwise ad-equately secured to provide reasonable protectionagainst vandalism or unauthorized access whichmight result in a discharge of fertilizer or fertilizermaterials.

(b) Valves on storage containers shall be lockedor otherwise secured except when persons re-sponsible for facility security are present at thefacility.

(c) Valves on nurse tanks and other mobile fer-tilizer containers parked overnight at a storage fa-cility shall be adequately secured, locked or lo-cated within a fenced enclosure except whenpersons responsible for facility security are pres-ent at the facility.

(d) Valves on empty containers need not be se-cured. (Authorized by and implementing K.S.A.1989 Supp. 2-1227; effective Jan. 14, 1991.)

4-4-906. Filling storage containers. Stor-

age containers shall not be filled beyond the ca-pacity for which they are designed taking into ac-count the density of the fluid being stored and thethermal expansion of the stored material duringstorage. (Authorized by and implementing K.S.A.1989 Supp. 2-1227; effective Jan. 14, 1991.)

4-4-907. Pipes and fittings.Pipes and fit-tings shall be adequately supported to preventsagging and possible breakage due to gravity andother forces which might be encountered in theordinary course of operations. (Authorized by andimplementing K.S.A. 1989 Supp. 2-1227; effectiveJan. 14, 1991.)

4-4-908. Liquid-level-gauging device.(a) Except as provided in paragraph (b) of thisregulation, each storage container shall beequipped with a liquid-level-gauging device by

which the level of fluid in the storage containercan be readily and reliably measured.

(b) A liquid-level-gauging device shall not berequired if the level of fluid in a storage containercan be readily and reliably measured by othermeans approved by the secretary.

(c) Liquid-level-gauging devices shall belocked or secured, in a safe manner, to protectagainst breakage or vandalism which could result

in a discharge.(d) External sight gauges shall be prohibitedunless:

(1) the gauge has a positive shut-off valve con-structed from stainless steel;

(2) all pipes or other plumbing componentswhich connect the shut-off valve to the storagecontainer shall be constructed from stainless steel;

(3) the sight gauges shut-off valve remainsclosed except when the amount of material storedin the storage container is being determined; and


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(4) the shut-off valve is located on the storagecontainer in a location which is readily accessibleand which conforms to the storage container man-ufacturers specifications. (Authorized by and im-plementing K.S.A. 1989 Supp. 2-1227; effectiveJan. 14, 1991.)

4-4-909. Labeling of storage containers.(a) Each storage container or building in whichfertilizer or fertilizer materials are stored shall beclearly marked with a description of the contents.

(b) In lieu of marking the building or storagecontainer, a sign containing a written descriptionof the fertilizer or fertilizer materials being storedmay be posted outside the container.

(c) All descriptions shall be made in letters atleast two inches high. (Authorized by and imple-menting K.S.A. 1989 Supp. 2-1227; effective Jan.14, 1991.)

4-4-910. Inspection and maintenance.(a) On a regularly scheduled basis, at leastmonthly, the operator of a storage facility shall:

(1) routinely inspect and maintain storage fa-cilities, storage containers and appurtenances tominimize the risk of a discharge;

(2) inspect valves and other appurtenances forleakage; and

(3) make a written record of all inspections and

major maintenance or repair on the day of theinspection, maintenance or repair.(b) Inspection and maintenance records shall

be kept at the storage site, or at the nearest localoffice from which the storage site is administered.

(c) For the purposes of this regulation, majormaintenance or repair means any repair or main-tenance which requires taking the pump appur-tenance or storage container affected out of serv-ice. (Authorized by and implementing K.S.A.1989 Supp. 2-1227; effective Jan. 14, 1991.)

4-4-911. Operational area containmentfor fertilizer.(a) Loading pads.

(1) Each area or pad used for loading fluid bulkfertilizer into storage containers or for unloadingfluid bulk fertilizer from storage containers intomobile containers shall be curbed and paved withasphalt, concrete or other similar material ap-proved by the secretary or be otherwise ade-quately designed to contain and allow recovery ofany discharged fertilizer materials resulting fromloading or unloading fertilizer materials or rins-ates resulting from the cleaning of fertilizer ap-plication equipment.

(2) Each area or pad shall be sufficient to hold

the entire mobile container during loading or un-loading. This pad shall be designed, constructedand maintained to handle all reasonably foresee-able loading conditions to which it is exposed.Cracks and seams shall be kept sealed.

(3) Each area or pad shall be designed to pre-vent accumulation and overflow resulting fromprecipitation.

(4) Any cleaning at the storage facility of equip-ment used to apply fertilizer or fertilizer materialsshall be cleaned upon a loading pad or area de-scribed in subsections (1), (2) and (3) of thissection.

(5) Each facility where 125 tons or more of liq-

uid fertilizer or 25 tons or more of dry fertilizerare received into or transferred out of one or morestorage containers located at the facility duringany period of 365 consecutive days shall have atleast one loading pad or area which complies withthe provisions of this regulation.

(b) Catch basins.(1) The curbed and paved surface of the load-

ing pad or area shall form or drain into a liquid-tight catch basin. If the curbed and paved surfaceof the loading pad or area drains to a sump, thecatch basin may include the sump and an above-ground container if a pump is installed which

transfers the contents of the sump into the above-ground container.(2) The curbed surface and catch basin shall be

of adequate design and size to contain a combinedtotal of 110% of the largest volume of fertilizer orfertilizer material to be loaded or unloaded or5,500 gallons of fluid whichever is greater and aminimum of 2,000 gallons of discharged fluid.

(d) Protection of containers and appurte-nances. Each storage container and appurtenance,including pipes, shall be protected against any rea-sonably foreseeable risk of damage by trucks andother moving vehicles engaged in the loading or

unloading of bulk fertilizer.(e) Exceptions.(1) This regulation shall not apply to the un-

loading of fertilizer or fertilizer materials from amobile container into an application device at thesite where the fertilizer is to be applied.

(2) In lieu of the requirements of paragraphs(a) and (b) of this regulation, a portable pad ordevice which provides confinement and allows re-covery of fertilizer leaks, spills or other dischargedfertilizer and which has been approved by the sec-


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retary may be used during the loading and un-loading of fertilizer from rail cars.

(3) This regulation shall not apply to the un-loading of rail cars directly into a permanent riseror manifold system which has been approved bythe secretary as part of storage facility which com-plies with the requirements of K.A.R. 4-4-900 etseq.

(4) This regulation shall not apply to any stor-age facility through which a volume of less than125 tons of liquid fertilizer or less than 25 tons ofdry fertilizer is sold or transferred in any periodof 365 consecutive days.

(f) Inspection and maintenance.(1) The operator of every storage facility shall

routinely inspect and maintain loading pads andcatch basins. These inspections shall be conductedon a regularly scheduled basis at least monthly.

(2) The operator of a storage facility shall makea written record of each inspection and each ma-

jor maintenance or repair on the day of the in-spection, maintenance or repair. Inspection andmaintenance records shall be kept at the storagesite or at the nearest local office from which thestorage site and operational area is administered.

(3) For the purposes of this regulation, majormaintenance or repair means any repair or main-tenance which requires taking the pump appur-

tenance or storage container affected out of serv-ice. (Authorized by and implementing K.S.A.1989 Supp. 2-1227; effective Jan. 14, 1991.)

4-4-912. Abandoned containers. (a)Eachstorage container and other container used at astorage facility to hold fluid bulk fertilizer or fer-tilizer rinsate shall be deemed abandoned if:

(1) it has been out of service for more than sixconsecutive months because of a weakness orleak;

(2) or it has been out of service for any reasonother than nonuse for more than two consecutive

years.

(b) Each abandoned underground container,including each abandoned underground catch ba-sin, shall be thoroughly cleaned and removedfrom the ground or filled with an inert solid. Eachconnection and vent in such a container shall bedisconnected and sealed. A record of the catchbasin size, location, and method of closing shallbe maintained at the storage facility as providedin K.A.R. 4-4-921.

(c) Each abandoned aboveground containershall be thoroughly cleaned. All hatches on each

such container shall be closed, and all valves orconnections shall be closed and sealed.

(d) A secondary containment facility shall notbe deemed abandoned merely because there havebeen no discharges into it.

(e) Prior to placing an abandoned containerback into service, the container shall have beeninspected for compliance with the provisions ofK.A.R. 4-4-900 et seq.

(f) For each tank which will remain unused fora period of at least two years, the owner of a fer-tilizer storage facility shall notify the secretary ofthe date when the tank is taken out of service andthe date it is returned to service.

(g) All records required to be kept pursuant to

this regulation shall be made available to the sec-retary as specified in K.A.R. 4-4-921. (Authorizedby and implementing K.S.A. 1989 Supp. 2-1227;effective Jan. 14, 1991.)

4-4-920. Storage and handling of drybulk fertilizer. (a) Dry fertilizer materials shallbe stored and handled in a manner which preventspollution of groundwater by minimizing losses ofthe dry fertilizer or dry fertilizer materials to theair, surface water, groundwater, or subsoil.

(b) Non-fluid fertilizer or fertilizer materialsshall be stored inside a properly designed struc-ture or device with a cover or roof top, sidewalls

and base sufficient to prevent fertilizer contactwith precipitation and surface waters. Floors andsidewalls shall be strong enough to support the

weight of the fertilizer being stored.(c) All loading, unloading, mixing and handling

of dry fertilizer, unless performed in the fieldwhere applied, shall be done using a containmentmethod, device, or structure, which is of a size anddesign that will contain the fertilizer and can beoperated to minimize emission of dust, vapors orboth beyond the facility boundaries. Any collectedmaterials shall be applied to a field at agronomicfertilizer rates or be otherwise recycled with other

fertilizer mixes.(d) Handling or work areas where any dry fer-tilizer is stored, loaded, unloaded or handled shallbe constructed of concrete, asphalt or other ma-terial that is sealed with a product approved bythe secretary to maintain a permeability rate atleast equivalent to that of concrete or asphalt.

(e) Conveyors and augers shall be equippedwith dust control boots or socks.

(f) Roof and surface runoff water shall be di-verted away from the fertilizer buildings or load-


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ing area by use of grading or other means of waterdiversion.

(g) Railside unloading areas shall have a largeenough area, including the area between the rails,surfaced with concrete or asphalt to provide forsufficient clean-up of all spilled fertilizer materi-als. As an alternative, a portable device approvedby the secretary may be used if the user demon-strates that all spilled materials can be controlledand contained by the device.

(h) All doors shall be locked when facility is notin use.

(i) Mixing and blending devices shall be cov-ered with a suitable roof or otherwise be suitablydesigned and installed to prevent rain, sleet, snow

or hail from coming into contact with the dryfertilizer.

(k) The name of the storage facility and thename and telephone number of individuals whomay be contacted in case of emergency shall beposted on the storage facility using letters not lessthan two inches high.

(l) Buildings used to store dry fertilizer or fer-tilizer materials shall be marked with a generaldescription of their contents.

(m) Handling or working areas where dry fer-tilizers are stored, loaded, unloaded or handledshall be cleaned daily after use. (Authorized by

and implementing K.S.A. 1989 Supp. 2-1227; ef-fective Jan. 14, 1991.)

4-4-921. Record keeping.(a) Records re-quired to be maintained. Each of the followingrecords shall be prepared by the operator of thestorage facility and kept at the storage facility af-fected, or at the nearest local office from whichthe storage facility is administered.

(1) A record shall be completed on the day ofdiscovery of all discharges of either 1,000 poundsor more of dry fertilizer outside the handling or

working area or 100 gallons or more of liquid fer-tilizer into the secondary containment structure or

area or any other portion of the storage facilityincluding:(A) the date and time of discharge, if known;(B) the type of fluid or dry bulk fertilizer

discharged;(C) the volume of the discharged fertilizer;(D) the cause of the discharge;(E) the action taken, if any, to control or re-

cover the discharged fertilizer; and(F) the method of use or disposal of any recov-

ered discharge. Updates of this record shall be

made promptly showing the measures taken tocontrol, recover, use or dispose of the discharge.

(2) An inventory record shall be kept of eachfertilizer product.

(3) Any difference between the volume of eachfertilizer product as shown in the inventory andthe volume as measured which exceeds one percent for a liquid fertilizer product or two per centfor a dry fertilizer product shall be reported to thesecretary within three working days.

(4) A semi-annual inventory reconciliation shallbe made at the end of June and December each

year which shows the amount of fluid and dry bulkfertilizer which has been lost or unaccounted forfrom each storage container.

(5) Any difference between the volume of eachfertilizer product as shown in the inventory andthe volume as shown in the preceding inventoryreconciliation which exceeds one per cent of thecurrent inventory for each liquid fertilizer productor two per cent of the current inventory for eachdry fertilizer product shall be reported to the sec-retary within three working days.

(6) A record shall be kept of the dates storagecontainers, appurtenances, operational area con-tainment facilities, and secondary containment fa-cilities were inspected and what maintenance orrepairs, if any, were made.

(7) A record shall be kept listing the size andlocation of each abandoned storage container, ifany.

(b) Period required for maintenance ofrecords.

(1) Except as provided in subparagraph (b)(2),the records required by paragraph (a) shall bemaintained for at least 5 years.

(2) Records required under subparagraph(a)(7) of this regulation shall be maintained as per-manent records.

(3) Except for records required by paragraph(a), all other records required by K.A.R. 4-4-900et seq. shall be maintained for at least 3 years.

(c) All records shall be available for inspectionand copying by the secretary. (Authorized by andimplementing K.S.A. 1989 Supp. 2-1227; effectiveJan. 14, 1991.)

4-4-922. Discharge response plan. (a)The operator of each storage facility shall preparea written discharge response plan for the storagefacility. This plan shall include:

(1) the name and telephone number of eachperson or agency which is to be contacted in the


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event of a discharge, including any persons re-sponsible for the stored fertilizer;

(2) a complete copy of the storage containerlabeling required by K.A.R. 4-4-909 for each bulkfertilizer stored and the labeling required underK.S.A. 2-1201 et seq. for each fertilizer stored;

(3) identification, by location, of each storagecontainer and the type of bulk fertilizer stored init;

(4) the procedures to be used in controllingand recovering, or otherwise responding to a dis-charge for each type of bulk fertilizer stored at thefacility; and

(5) the procedures for using or disposing of arecovered discharge.

(b) The operator shall keep the discharge re-sponse plan current at all times and shall updateit at least annually.

(c) A copy of the discharge response plan shallbe kept readily available at both the storage facilityand the nearest local office from which the storagefacility is administered.

(d) The operator of the storage facility shallprovide a current copy of the plan to the local fireand police departments and the secretary.

(e) As an alternative, any environmental re-sponse plan or other plan which has been pre-pared to meet the requirements of another law or

regulation, either state or federal, which containsthe information required by this regulation maybe accepted by the secretary. (Authorized by andimplementing K.S.A. 1989 Supp. 2-1227; effectiveJan. 14, 1991.)

4-4-923. Existing storage tanks whichhave a capacity of 100,000 gallons or more.(a) Liquid fertilizer storage containers with a ca-pacity of 100,000 gallons or more shall be located

within an approved secondary containment areadesigned to allow the containment and recoveryof any discharged fertilizer material.

(b) Unless otherwise approved pursuant to

K.A.R. 4-4-956, the surface supporting the storagecontainer shall be elevated above the surroundingsurface of the containment area so that the lowestpoint of the storage container shall be at least sixinches above the surrounding surface of the con-tainment area to permit visual identification of anyleaks which may develop in the floor of the storagecontainer.

(c) This regulation shall apply to all storagecontainers with a capacity of 100,000 gallons ormore which were placed in service on or before

January 13, 1991. (Authorized by and implement-ing K.S.A. 2-1227; effective Jan. 14, 1991;amended Jan. 25, 1993.)

4-4-924. Storage tanks which have a ca-pacity of 100,000 gallons or more; new con-struction. (a) This regulation shall apply to allstorage containers with a capacity of 100,000 gal-lons or more which are constructed or placed inservice on or after the effective date of thisregulation.

(b) Liquid fertilizer storage containers with acapacity of 100,000 gallons or more shall be:

(1) located within an approved secondary con-tainment area designed to allow the containmentand recovery of any discharged fertilizer material;and

(2) placed on a surface which has been sealedwith asphalt, concrete, attapulgite clay, sodiumbentonite, or other material approved by thesecretary.

(c) The bottom surface of the storage containershall be elevated above the surrounding surface ofthe containment area so that the lowest point ofthe storage container shall be at least six inchesabove the sealed surface to permit installation ofa leak detection system.

(d) The leak detection system shall consist of:(1) three or more perforated pipes or tile

which shall:(A) be placed on the sealed surface and belowthe storage container;

(B) be placed parallel to each other on notmore than 10 foot centers; and

(C) extend to the outer edge of both sides ofthe tank; or

(2) any other leak detection system approvedby the secretary.

(e) Unless otherwise approved pursuant toK.A.R. 4-4-956, each storage container shall belocated in a secondary containment area which hasbeen designed to permit both visual and samplingaccess to the leak detection system described inparagraph (d) of this regulation. (Authorized byand implementing K.S.A. 2-1227; effective Jan.14, 1991; amended Jan. 25, 1993.)

4-4-931. Approved secondary contain-ment of bulk fertilizer; general require-ments. (a) Primary containment of liquid bulkfertilizer shall be located within a secondary con-tainment area. Diked areas shall be constructed

with a base, perimeter wall and sloped floor drain,except as provided by K.A.R. 4-4-934.


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(b) The diked secondary containment area forfluid bulk fertilizer shall be physically separatedand distinct from any secondary containment areafor pesticides or other nonfertilizer materials;however adjoining secondary containment areasmay share common walls.

(c) The diked area for secondary containmentof storage facilities shall be able to contain, belowthe height of the dike, at least 110% of the capac-ity of the largest storage container plus the volumedisplaced by all other storage containers, fixtures,and materials located within the diked area.

(d) All pumps used for handling liquid fertil-izer shall be located within the secondary contain-ment structure or area.

(e) Except where used as a method of moni-toring a secondary containment system, drainage

within or underlying the area to be diked shall beeliminated.

(f) This regulation shall apply to:(1) each storage facility in existence on the ef-

fective date of this regulation which has a totalstorage capacity of 5,000 gallons or more;

(2) each storage facility in existence on the ef-fective date of this regulation which has a totalstorage capacity of 2,000 gallons or more and lessthan 5,000 gallons where 125 tons or more of liq-uid fertilizer is received into or transferred out of

one or more storage containers located at the stor-age facility during any period of 365 consecutivedays; and

(3) each storage facility which was not in exis-tence on the effective date of this regulation and

which has a total storage capacity of 2,000 gallonsor more. (Authorized by and implementing K.S.A.2-1227; effective Jan. 14, 1991; amended Jan. 25,1993.)

4-4-932. Secondary containment require-ments; walls. (a) The walls of each secondarycontainment facility shall be constructed of earth,steel, concrete, solid masonry or any other mate-

rial approved by the secretary, and be designed towithstand a full hydrostatic head of any dischargedfluid and weight load of material used inconstruction.

(b) All cracks, joints, and seams shall be sealedto prevent

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1 004_4-Department of Agriculture, 2009 KAR Vol 1