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Kansas Statutes Annotated

K.S.A. § 2-716 (2026)

Same; enforcement of act

✓ current as of May 2026
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2-716. Same; enforcement of act. The secretary of agriculture shall supervise performance of all duties incident to the enforcement of this act, and acts amendatory thereof and supplemental thereto, and shall have the authority to inspect all premises to ascertain the presence of any of the prohibited plants and to destroy any and all such plants in accordance with the terms and provisions of K.S.A. 2-702, and amendments thereto, and they are further authorized and empowered to intercept, condemn or return to an out-of-state shipper at the shipper's expense all prohibited plants, or parts thereof capable of propagation.

History: L. 1951, ch. 10, § 5; L. 2004, ch. 101, § 13; July 1.


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www.ksrevisor.gov 2026
Notes of Decisions
Cited in 2 cases, 2001–2020 · leading case: H&C Animal Health, LLC v. CEVA Animal Health, LLC (D. Kan. 2020).
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H&C Animal Health, LLC v. CEVA Animal Health, LLC (D. Kan. 2020). · cites it 2× “§ 2 ; 2) alternatively, a claim for attempted monopolization under the Sherman Antitrust Act; 3) price discrimination under the Robinson-Patman Act, 15 U.S.C. § 13 (a) and (c); 4) price discrimination under the Kansas Restraint of Trade Act, K.”
Ag Servs. of Am., Inc. v. DeBruce Grain, Inc., 19 P.3d 188 (Kan. Ct. App. 2001). “More significantly, since wheat is fungible and not unique, the local elevator never had a right to specific performance under § 2-716; it had only a cause of action for damages.”
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