Volume 44 - Issue 1 - January 2, 2025
State of Kansas
Department of Agriculture
Permanent Administrative Regulations
Article 15.—PLANTS AND PLANT PRODUCTS
4-15-5. Live plant dealer license fee. Each person who applies for a live plant dealer license shall pay a fee to the department of $100 per application. Applicants for a live plant dealer license who meet the requirements specified in K.S.A. 2-2120(c) and amendments thereto may request to pay a reduced fee of $30 per application. (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2120; effective Oct. 18, 2002; amended June 5, 2009; amended, T-4-11-21-11, Nov. 21, 2011; amended March 23, 2012; amended, T-4-10-11-24, Oct. 11, 2024; amended Jan. 17, 2025.)
4-15-7. Special event live plant dealer registration. Each special event live plant dealer shall register annually with the secretary. Each registration form shall be submitted to the secretary at least 10 days prior to the first date that the special event live plant dealer intends to initiate special event live plant dealer activities in a calendar year. (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2120; effective Oct. 18, 2002; amended May 6, 2005; amended May 18, 2012; amended, T-4-10-11-24, Oct. 11, 2024; amended Jan. 17, 2025.)
4-15-8. Fees for the inspection of live plants, plant products, bees, beekeeping equipment, and regulated articles. (a) Inspection, certification, diagnostic, or identification services may be provided by the secretary to any person who owns or possesses live plants, plant products, bees, beekeeping equipment, or regulated articles upon request. The person who requested inspection, diagnostic, or identification services shall pay to the secretary inspection fees of $45 per hour plus mileage expenses.
(b) Mileage to the inspection site shall be calculated from one of the following locations as applicable on the date the inspection is conducted, whichever is less:
(1) The inspector’s official station;
(2) the last location at which a requested inspection was conducted; or
(3) the last location at which the inspector incurred lodging expenses.
(c) Each person for whom the last requested inspection is conducted on any day shall pay mileage fees for the return trip to the inspector’s official station or the location at which the inspector incurs lodging expenses, whichever is less.
(d) Mileage fees shall be calculated using the actual miles driven by the inspector, or the adjusted miles driven by the inspector if the miles driven are reduced pursuant to this regulation. The rate per mile shall be the private vehicle mileage reimbursement rate fixed by the secretary of the Kansas department of administration.
(e) Any inspection, certification, diagnostic, or identification fee may be waived if the fee would be assessed against a state or local government agency. (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2118; effective Oct. 18, 2002; amended May 6, 2005; amended May 18, 2012; amended Jan. 17, 2025.)
4-15-9. Fees for the certification of live plants, plant products, bees, beekeeping equipment, and regulated articles. (a) If a state certificate is required for the entry of an inspected article into another state or a foreign country, the person needing certification shall pay one or more of the following fees, as applicable:
(1) $30 for a certificate for a commodity or article certified for domestic shipment;
(2) $50 for a certificate for a commodity or article certified for international shipment; or
(3) 25 cents for each bale tag provided to satisfy a weed-free forage requirement.
(b) If a federal certificate is also required for the entry of an inspected article into another state or a foreign country, the associated fee shall be added to the amount or amounts specified in subsection (a). (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2118; effective Oct. 18, 2002; amended Feb. 2, 2007; amended May 18, 2012; amended Jan. 17, 2025.)
4-15-10. Pest freedom standards. (a) As used in this regulation, “possessed” shall include being grown, sold, or offered for sale, distributed, planted, transported, moved, or given away.
(b) The pest freedom standards specified in this regulation shall apply to all live plants grown, sold or offered for sale, distributed, planted, transported, moved, or given away by a live plant dealer or special event live plant dealer or the live plant dealer’s or special event live plant dealer’s designated agent.
(c) A live plant dealer, special event live plant dealer, or a designated agent of a live plant dealer or special event live plant dealer shall not possess within this state or cause or allow to enter into this state live plants on which quarantine pests are present.
(d) A live plant dealer, special event live plant dealer, or a designated agent of a live plant dealer or special event live plant dealer shall not possess within this state or cause or allow to enter into this state live plants on which regulated nonquarantine pests are present in excess of the applicable limits specified in this regulation.
(e) Live plant dealers, special event live plant dealers, and designated agents of live plant dealers or special event live plant dealers may possess within this state and cause or allow to enter this state live plants on which plant pests that are neither quarantine pests nor regulated nonquarantine pests are present.
(f) Live plants shall be free of quarantine pests and within the limits specified in this regulation for the presence of regulated nonquarantine pests to be eligible to be certified as meeting pest freedom standards pursuant to this regulation. When necessary for export, standards more stringent than those specified in this regulation may be utilized by the secretary to ensure compliance with all applicable quarantines and regulated nonquarantine pest freedom standards or to prevent economic or environmental harm.
(g) The classes of regulated nonquarantine pests shall be the following, with the limits specified:
(1) For insects that bore into live plants and Coccoidea insects the number of infested plants shall be zero percent of the total number of plants in the lot, cultivar, or group of a single species of plant; and
(2) for diseases known as viruses, viroids, phytoplasmas, spiroplasmas, and mycoplasmas; diseases caused by Phytophthora spp., Bursaphelenchus xylophilus (pine wood nematode), Meloidogyne (root knot nematodes), Erwinia amylovora (fire blight), and Agrobacterium tumefaciens (crown gall); and bacterial species that cause wilt diseases, the number of infected plants shall be zero percent of the total number of plants in the lot, cultivar, or group of a single species of plant.
(h) Lots, cultivars, and groups of single species of plants shall not be subject to the restrictions specified in subsection (g)(2) if all the following circumstances are met:
(1) The vector and virus at issue are species-specific;
(2) the disease at issue is generally accepted to cause little or no injury to any known host;
(3) a large percentage of the crop within the industry at issue is infected with the disease at issue and there has been no initiative to eradicate the disease; and
(4) the disease poses little risk for environmental or economic harm. (Authorized by K.S.A. 2-2126; implementing K.S.A. 2-2117; effective Oct. 18, 2002; amended May 18, 2012; amended Jan. 17, 2025.)
Michael M. Beam
Secretary
Department of Agriculture
Doc. No. 052763
