SENATE BILL No. 595

Session of 2008
By Committee on Ways and Means
2-11

AN ACT concerning agricultural products; relating to labeling requirements;
amending K.S.A. 2-2302 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2-2302 is hereby amended to read as follows: 2- 2302. (a) It shall be unlawful for any person: (a) (1) To label any agricultural product, or the container thereof, with any grade, standard, designation, words or figures denoting comparative quality which is in any way misleading;
(b) (A) to represent any agricultural product as being of any grade, standard or comparative quality, which representation is in any way misleading;
(B) (i) to label any agricultural product as having a compositional claim that cannot be confirmed through laboratory analysis; or
(ii) to state a compositional or production-related claim that is supported solely by sworn statements, affidavits or testimonials; and
(c) (C) to move into the state for sale, have in possession for sale, or sell, any agricultural product, which is labeled or represented in any misleading manner as any grade or standard.
(b) Nothing in this section shall prohibit any person from using a brand or descriptive term in the labeling of an agricultural product: Provided, if such labeling is not misleading. If an established standard has not been adopted for an agricultural product, nothing in this section shall prohibit any person from selling such a product with a label thereon, or on its container, denoting comparative qualities: Provided, That if such product is not made in semblance of or imitation of, a product for which an established standard has been adopted.
Sec. 2. K.S.A. 2-2302 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

Original text found at www.kslegislature.org.

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