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Department of Agriculture K.A.R. 4-2-3, 4-2-8, 4-2-17a, and 4-2-21

Category:
  • Active Regulations
Date Added: 6/22/2017
Public Hearing Date and Time: 10:00 a.m., Thursday, August 31, 2017
Public Hearing Location: Room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas

Proposed Regulations:

            K.A.R. 4-2-3 proposed amendments seek to remove outdated language and clarify the general procedure for sampling seed.

            K.A.R. 4-2-8 proposed amendments revise language concerning the methods for analyzing seed samples.

            K.A.R. 4-2-21 is proposed new regulation setting registration fees for seed retailers and wholesalers.

            K.A.R. 4-2-17a is proposed revocation to eliminate the fees charged by the state seed laboratory.

Economic Impact Statement:

            The fees charged for the registration of retail and wholesale seed dealers have not been revised since 1991.  Increased fees are necessary due to increased costs and the need to create a self-sustaining program. There are currently no protections against inexpensive, low quality seed with low germination rates being dumped on the market exposing consumers to seed that does not germinate as expected and retailers and wholesalers to seed offered for sale at uncompetitive prices.  Minimum germination standards will provide protection against these situations from occurring. The remaining changes remove outdated language and clarify existing language to include terms defined within the regulation. These regulations are not mandated by Federal Law.

            The proposed changes do not create any additional costs to the Kansas Department of Agriculture.  Changing the retail seed license fee from $10 to $30 and the wholesale seed license from $175 to $250 will result in an additional $67,000 in revenue for the department.  This additional revenue will be used to pay for the cost of seed inspections at the current inspection level without having to subsidize them from other funds.

            The increase in fees, from $10 to $30 for retailers and from $175 to $250 for wholesalers, will create a financial impact upon those individuals or companies in the business of selling agricultural seed.  Stakeholders have indicated that the fee increase will not significantly impact their business.  KDA will work directly with seed retailers and wholesalers to educate them on the proposed regulations and work with them to implement the changes in a way that will help mitigate any possible financial burden on their operations. 

            A rejected alternative is not raising licensing fees. Not raising fees will require a decrease in inspection time to match current revenues.  That would result in approximately .25 FTE spent on seed inspections across Kansas.  This would be an unacceptably low level and would result in negative impact to the consumer and economy.

            There are no environmental impacts expected from the proposed changes.

Kansas Department of Agriculture K.A.R. 4-2-3, 4-2-8, 4-2-17a, and 4-2-21

Any individual with a disability may request the regulations and supporting documents in an accessible format. Requests for accommodations should be made at least five working days in advance of the CRRB meeting by contacting (785) 271-3200 or crrb@ks.gov.