Volume 42 - Issue 47 - November 23, 2023
State of Kansas
Department of Agriculture
Permanent Administrative Regulations
Article 2.—AGRICULTURAL SEED
4-2-1. Labeling prohibitions. Agricultural seed shall be deemed mislabeled pursuant to the Kansas seed law if any language stating, or directly or indirectly implying that the agricultural seed is recommended or endorsed by the Kansas department of agriculture appears on the agricultural seed’s label, container, or invoice, or in any literature or advertising media accompanying the agricultural seed. (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1421; effective Jan. 1, 1966; amended Jan. 1, 1989; amended Dec. 8, 2023.)
4-2-8a. Definition of noxious weed seed. For the purpose of K.A.R. 4-2-8, the term “noxious-weed seed” used in the material adopted by reference in that regulation shall mean “prohibited weed seed,” and “noxious weed seed” as defined in K.S.A. 2-1415 and amendments thereto, as well as “restricted weed seed” as defined in K.S.A. 2-1415 and amendments thereto. The definition for “noxious-weed seed” provided in this regulation shall supplant the definition for that term provided in K.A.R. 4-2-8(f). (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1423; effective Dec. 8, 2023.)
4-2-8b. Official analysis. For purposes of K.S.A. 2-1423, and amendments thereto, the analysis of agricultural seed conducted by the secretary or an authorized representative of the secretary shall serve as the official analysis of that seed. This official analysis shall be the basis upon which the secretary determines whether a violation of the act has occurred. An analysis conducted by any person other than the secretary or an authorized representative of the secretary may be considered as evidence pursuant to K.S.A. 2-1423(c) but shall not be considered an official analysis. (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1416, 2-1423, 2-1431, and 2-1437; effective Dec. 8, 2023.)
4-2-9a. Restricted weed seeds. (a) The seeds of the following plant species shall not be present in agricultural seed at a rate per pound in excess of the number shown in the below chart:
| Common Name | Scientific Name | Seeds per Pound |
| silverleaf nightshade | Solanum elaeagnifolium Cav. | 45 |
| Carolina horsenettle | Solanum carolinense L. | 45 |
| dock | Rumex spp. | 45 |
| oxeye daisy | Leucanthemum vulgare Lam. | 45 |
| perennial sowthistle | Sonchus arvensis L. | 45 |
| giant foxtail | Setaria faberi R.A.W. Herrm. | 45 |
| hairy chess | Bromus commutatus L. | 45 |
| cheat | Bromus secalinus L. | 45 |
| buckhorn plantain | Plantago lanceolata L. | 45 |
| wild onion or garlic | Allium spp. | 18 |
| charlock | Sinapsis arvensis L. | 18 |
| wild mustards | Brassica spp. | 18 |
| treacle | Erysimum spp. | 18 |
| wild carrot | Daucus carota L. | 18 |
| morning glory | Ipomoea spp. | 18 |
| hedge bindweed | Calystegia sepium (L.) R. Br. | 18 |
| dodder* | Cuscuta spp. | 18 |
| field pennycress | Thlaspi arvense L. | 18 |
| wild oats | Avena fatua L. | 9 |
| climbing milkweed | Cynanchum laeve (Michx.) Pers. | 9 |
| jointed goatgrass | Aegilops cylindrica Host | 9 |
| black nightshade complex | Solanum ptychanthum Dunal | 9 |
| S. Americanum Mill. | 9 | |
| S. sarrachoides Sendtn. | 9 | |
| S. nigrum L. | 9 | |
| S. interius Rydb. | 9 | |
| wild buckwheat | Fallopia convolvulus L. | 9 |
| velvetleaf | Abutilon theophrasti Medik. | 9 |
| cocklebur | Xanthium spp. | 9 |
| Caucasian bluestem | Bothriochloa bladhii | 2 |
| yellow bluestem | Bothriochloa ischaemum | 2 |
| *except lespedeza seed other than sericea lespedeza (Lespedeza cuneata) which may contain 45 dodder seeds per pound | ||
(b) The total number of restricted weed seeds present per pound of agricultural seed shall not exceed 150 in the following agricultural seeds:
(1) native grass;
(2) smooth bromegrass;
(3) tall fescue;
(4) wheatgrasses; and
(5) lespedeza other than sericea lespedeza (Lespedeza cuneata).
(c) The total number of hairy chess and cheat seeds present per pound of agricultural seed shall not exceed 2,500 in the following agricultural seeds:
(1) smooth bromegrass;
(2) fescues;
(3) orchard grass;
(4) wheatgrasses; and
(5) chaffy range grasses.
(d) For all other agricultural seeds, the total number of restricted weed seeds present per pound of agricultural seed shall not exceed 90. (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1421; effective Dec. 8, 2023.)
4-2-9b. Prohibited weed seeds. (a) The seeds of the following plant species shall not be present in agricultural seed.
(1) Texas blueweed (Helianthus ciliaris DC);
(2) Columbus grass (Sorghum xalmum Parodi); and
(3) any seeds that cannot be distinguished from Johnsongrass (Sorghum halepense (L.) Pers.) seed. (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1421; effective Dec. 8, 2023.)
4-2-14. Seed offered for sale. Agricultural seed, whether in bags, cartons, bins, or other containers exposed in salesrooms, storerooms, warehouses, or other places where seed is sold for sowing purposes, shall be considered to be offered or exposed for sale for planting purposes and shall be subject to the provisions of the act, unless clearly and permanently labeled to indicate that the agricultural seed is not for sale and stored separately from seed that is or may be offered for sale. (Authorized by K.S.A. 2-1427; implementing K.S.A. 2-1423; effective Jan. 1, 1966; amended Dec. 8, 2023.)
Article 7.—MILK AND DAIRY PRODUCTS
4-7-716. Adoption by reference. (a) The following documents are hereby adopted by reference:
(1) The “grade ‘A’ pasteurized milk ordinance,” 2019 revision, including appendices, published by the U.S. department of health and human services, public health service, and food and drug administration, except pages i-xvi, pages 400-423, section 1 (G), (V), (GG), (HH), (II), (JJ), (KK), (LL), (NN), (OO), and (SS), sections 2, 9, 15, 16, 17, and 18, appendix Q, and all explanatory public health reasons information. The following C.F.R. sections, as in effect on April 1, 2019, are also adopted by reference:
(A) 21 C.F.R. 11;
(B) 21 C.F.R. 108, except subpart A;
(C) 21 C.F.R. 113, except subpart B;
(D) 21 C.F.R. 117, except subpart E;
(E) 21 C.F.R. 131.3;
(F) 21 C.F.R. 131.170;
(G) 21 C.F.R. 173.310, except subsection (f);
(H) 21 C.F.R. 174, except § 174.6;
(I) 21 C.F.R. 175, except subpart A;
(J) 21 C.F.R. 176, except subpart A;
(K) 21 C.F.R. 177, except subpart A; and
(L) 21 C.F.R. 178, except subpart A;
(2) the “methods of making sanitation ratings of milk shippers and the certifications/ listings of single-service containers and/or closures for milk and/or milk products manufacturers,” including appendices, published by the U.S. department of health and human services, public health service, and food and drug administration, 2019 revision, except pages i-vii, section A (22), section J, and section K;
(3) the 2019 revision of the “procedures governing the cooperative state-public health service/food and drug administration program of the national conference on interstate milk shipments,” published by the U.S. department of health and human services, public health service, and food and drug administration, except the appendix, pages i-iii, section I, section III (X) and (BB), section IV (A), section V (J), section VI (C) and (D), section VII, section IX (F), section X, and pages 71-96;
(4) the 17th edition of the “standard methods for the examination of dairy products,” dated 2004 and published by the American public health association, except pages iii-xiv, pages 551-570, and any introductory and bibliographical material;
(5) chapter 33 and any chapters, sections, or appendices pertinent to standards, validated methods, quality control features and suitability specifications related to the testing of milk and milk products of volumes I, II, and III of the 21st edition of the “official methods of analysis of AOAC international,” dated 2019 and published by AOAC international;
(6) the 2019 revision of the “evaluation of milk laboratories,” published by the U.S. department of health and human services, public health service, and food and drug administration, except pages i-iii, pages 1-2, pages 35-50, and section 1 (12) on page 4; and
(7) the April 14, 2020, revision of the “M-a-98,” published by the U.S. food and drug administration. Any tests added to subsequent revisions of the M-a-98 are deemed acceptable unless the secretary specifically designates otherwise.
(b) Any documents adopted by reference in the C.F.R. sections adopted by reference in this regulation but not explicitly adopted in this regulation are not adopted by reference.
(c) Any references to documents adopted by reference refer to the versions of those documents adopted by reference in this regulation. (Authorized by K.S.A. 65-772 and K.S.A. 65-775; implementing K.S.A. 65-775; effective May 1, 1980; amended May 1, 1983; amended May 1, 1986; amended Dec. 26, 1988; amended Jan. 14, 1991; amended Oct. 21, 1991; amended July 1, 1992; amended Aug. 22, 1994; amended Dec. 20, 2002; amended Sept. 1, 2006; amended July 9, 2010; amended Dec. 8, 2023.)
Michael M. Beam
Secretary
Department of Agriculture
Doc. No. 051679
