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SENATE BILL No. 89
AN A CT concerning agriculture; relating to poultry disease control; authorizing the
commissioner to adopt rules for establishing fees related to the poultry disease
control act; prohibiting the shipment of poultry into Kansas unless such poultry meet
plan requirements; establishing an annual participation fee for the national poultry
improvement plan, a certification fee for persons performing testing and diagnostic
services and a fee for providing testing or diagnostic services related to pullorum-
typhoid; authorizing the commissioner to revoke plan participation for failure to pay
the annual plan participation fee within a 60-day grace period; amending K.S.A. 2-
909, 2-910, 2-911, 2-912, 2-913, 2-914 and 2-915 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2-909 is hereby amended to read as follows: 2-
909. As used in the poultry disease control act, except where the
context clearly requires a different meaning , the following words and
phrases shall have the meaning ascribed thereto.:
(a) "Commissioner" means the animal health commissioner of the
Kansas department of agriculture.
(b) "Fowl typhoid" means a disease of poultry caused by
salmonella gallinarum.
(c) "Hatchery" means a premises with equipment which is
operated or controlled by a person for the production of baby poultry.
(d) "Person" means any individual, partnership, firm or
corporation.
(e)(d) "Plan" means the national poultry improvement plan
contained in sections 145.1 through 145.54 of title 9 of the code of
federal regulations and the auxiliary provisions thereto which that are
contained in sections 147.1 through 147.48 of title 9 of the code of
federal regulations, and amendments thereto.
(f)(e) "Poultry" means any domesticated birds which that are bred
for the primary purpose of producing eggs or meat or of being
exhibited and which may include. "Poultry" includes, but is not limited
to, chickens, turkeys, waterfowl and game birds , but which shall does
not include doves or pigeons.
(g)(f) "Pullorum""Pullorum-typhoid" means a disease of poultry
caused by salmonella pullorum.
Sec. 2. K.S.A. 2-910 is hereby amended to read as follows: 2-910.
(a) The commissioner is hereby authorized to cooperate with the
United States department of agriculture in the administration of the
plan, may enter into a memorandum of understanding with that
department therefor and may exercise and perform the powers, duties
and functions prescribed for the commissioner under the memorandum
of understanding and the plan.
(b) The commissioner shall have the authority to adopt rules and
regulations for the purpose of establishing annual fees for plan
participation and annual fees for obtaining certification to perform and
receive testing and diagnostic services related to pullorum-typhoid or
fowl typhoid pursuant to the poultry disease control act in accordance
with K.S.A. 2-912 and 2-914, and amendments thereto.
Sec. 3. K.S.A. 2-911 is hereby amended to read as follows: 2-911.
(a) Each hatchery within Kansas shall be designated as a "national plan
hatchery" by the commissioner in accordance with the plan or shall
meet requirements which are equivalent to the requirements under the
plan for pullorum and fowl typhoid control as determined by the
commissioner.
(b) Each hatchery supply flock within Kansas shall be designated
as "U.S. pullorum-typhoid clean" by the commissioner in accordance
with the plan or shall meet requirements which are equivalent to the
requirements under the plan for pullorum and fowl typhoid control as
determined by the commissioner. Any other poultry, except waterfowl,
on the same premises as the hatchery supply flock shall be free from
pullorum and fowl typhoid infection as evidenced by an official blood
SENATE BILL No. 89—page 2
test conducted in accordance with the plan.
(c) No poultry may be shipped into Kansas other than from a
source which is designated U.S. pullorum-typhoid clean under the plan
that is:
(a) A plan participant in compliance with all plan requirements at
the time of the shipment; or which meets the equivalent
(b) meeting requirements equivalent to those contained in the
plan.
Sec. 4. K.S.A. 2-912 is hereby amended to read as follows: 2-912.
(a) Each person participating in the plan shall pay to the commissioner
an annual plan participation fee of not to exceed $50. Each annual
plan participation fee shall allow participation in the plan, subject to
all other applicable requirements, for one year following the date of
remittance of the fee. The plan participation fee for the subsequent year
shall become due and owing thereafter.
(b) All hatcheries, supply flocks of poultry, exhibition flocks of
poultry, poultry and poultry products shall comply with the provisions
of the plan which that provide procedures required to qualify Kansas as
a U.S. pullorum-typhoid clean state.
Sec. 5. K.S.A. 2-913 is hereby amended to read as follows: 2-913.
All poultry, including exhibition, exotic and game birds but excluding
waterfowl, taken to a public exhibition in Kansas shall:
(a) Come from a flock of poultry which is designated U.S.
pullorum-typhoid clean or which meets the equivalent requirements as
determined by the commissioner or shall that participates in the plan
and is compliant with all applicable provisions of the plan;
(b) have a negative result from a pullorum pullorum-typhoid and
fowl typhoid test conducted within 90 days of the poultry being taken
to the public exhibition; or
(c) be included in a surveillance program approved by the
commissioner.
Sec. 6. K.S.A. 2-914 is hereby amended to read as follows: 2-914.
(a) Each person performing any testing or poultry disease diagnostic
services related to pullorum-typhoid or fowl typhoid pursuant to the
poultry disease control act shall annually obtain from the
commissioner certification to perform such testing or poultry disease
diagnostic services and pay a certification fee of not to exceed $50.
Each certification shall expire on September 30 following its issuance.
(b) Each person performing poultry disease diagnostic services
related to pullorum-typhoid or fowl typhoid pursuant to the poultry
disease control act shall report within 48 hours to the commissioner or
the commissioner's authorized agent the source of each poultry
specimen from which salmonella pullorum or salmonella gallinarum is
a reactor or is isolated. Upon receiving such report, the commissioner
or the commissioner's authorized agent shall investigate to determine
the origin of the infection.
(b)(c) Each person who requests that the commissioner or an
authorized agent of the commissioner perform testing or diagnostic
services related to pullorum-typhoid or fowl typhoid pursuant to the
poultry disease control act shall, prior to any such requested testing
being performed, pay to the commissioner a fee of not to exceed $100
per visit to each location participating in the plan.
(d) Testing or poultry disease diagnostic services related to
pullorum-typhoid or fowl typhoid pursuant to the poultry disease
control act that is performed other than by the commissioner, an
authorized agent of the commissioner or an individual certified
pursuant to this section shall not be considered sufficient to support
participation in the plan.
(e) Each flock of poultry which that is found to be infected with
SENATE BILL No. 89—page 3
pullorum-typhoid or fowl typhoid shall be quarantined by the
commissioner or the commissioner's authorized agent until: (1) It is
marketed or destroyed under the supervision of the commissioner or the
commissioner's authorized agent; or (2) it subsequently receives an
official blood test conducted in accordance with the procedure for
reacting flocks under subsection (a)(5) of 9 C.F.R. § 145.14, as revised
as of January 1, 1983 October 5, 2020, and all members of the flock of
poultry fail to demonstrate pullorum pullorum-typhoid or fowl typhoid
infection.
(c)(f) All costs for testing and handling a quarantined flock of
poultry shall be paid by the owner thereof.
Sec. 7. K.S.A. 2-915 is hereby amended to read as follows: 2-915.
After a thorough investigation, The commissioner may revoke any
national plan hatchery or U.S. pullorum-typhoid clean designation plan
participation for failure of the person operating the hatchery or owning
the hatchery supply flocks to comply with the requirements of the
poultry disease control act or any applicable plan requirements,
including failure to pay the annual plan participation fee required by
K.S.A. 2-912, and amendments thereto, within a 60-day grace period
following the date that the annual plan participation fee becomes due
and owing, or for the occurrence of repeated outbreaks of pullorum
pullorum-typhoid or fowl typhoid in the hatchery or hatchery supply
flocks.
Sec. 8. K.S.A. 2-909, 2-910, 2-911, 2-912, 2-913, 2-914 and 2-915
are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.