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chapter-83•Chapter 83 — Weights and Measures
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: L. 1909, ch. 264, §§ 1 to 7; R.S. 1923, 83-101 to 83-107; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1911, ch. 334, § 1; R.S. 1923, 83-108; Repealed, L. 1947, ch. 494, § 6; July 1.
History: L. 1909, ch. 264, § 8; L. 1911, ch. 334, § 2; L. 1913, ch. 334, § 1; L. 1917, ch. 334, § 1; L. 1921, ch. 296, § 1; R.S. 1923, 83-109; L. 1947, ch. 493, § 1; L. 1957, ch. 541, § 1; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1945, ch. 392, §§ 1, 2; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1923, ch. 244, §§ 1 to 4; R.S. 1923, 83-110 to 83-113; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1923, ch. 244, § 5; R.S. 1923, 83-114; Repealed, L. 1947, ch. 494, § 6; July 1.
History: L. 1909, ch. 264, §§ 9, 10; R.S. 1923, 83-115, 83-116; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 11; L. 1911, ch. 335, § 1; R.S. 1923, 83-117; Repealed, L. 1949, ch. 511, § 4; April 6.
History: L. 1909, ch. 264, § 12; R.S. 1923, 83-118; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 13; R.S. 1923, 83-119; Repealed, L. 1957, ch. 542, § 1; June 29.
History: L. 1909, ch. 264, § 14; R.S. 1923, 83-120; Repealed, L. 1957, ch. 542, § 1; June 29.
History: L. 1909, ch. 264, § 15; R.S. 1923, 83-121; L. 1947, ch. 494, § 1; L. 1949, ch. 511, § 1; L. 1963, ch. 516, § 1; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1963, ch. 516, §§ 2 to 7; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 16; R.S. 1923, 83-122; L. 1947, ch. 494, § 2; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 17; R.S. 1923, 83-123; L. 1982, ch. 4, § 20; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 18; R.S. 1923, 83-124; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1947, ch. 493, § 2; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 19; R.S. 1923, 83-125; L. 1947, ch. 494, § 3; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 20; R.S. 1923, 83-126; Repealed, L. 1947, ch. 494, § 6; July 1.
History: L. 1909, ch. 264, § 21; R.S. 1923, 83-127; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 22; R.S. 1923, 83-128; L. 1949, ch. 511, § 2; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1949, ch. 511, § 3; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 23; R.S. 1923, 83-129; Repealed, L. 1947, ch. 494, § 6; July 1.
History: L. 1909, ch. 264, § 24; L. 1917, ch. 335, § 1; R.S. 1923, 83-130; Repealed, L. 1947, ch. 494, § 6; July 1.
History: L. 1909, ch. 264, §§ 25 to 29; R.S. 1923, 83-131 to 83-135; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1909, ch. 264, § 30; R.S. 1923, 83-136; L. 1975, ch. 462, § 130; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1885, ch. 206, §§ 1, 2; R.S. 1923, 83-137, 83-138; Repealed, L. 1957, ch. 542, § 1; June 29.
History: L. 1905, ch. 525, § 1; R.S. 1923, 83-139; Repealed, L. 2012, ch. 79, § 1; July 1.
History: L. 1905, ch. 525, § 2; R.S. 1923, 83-140; Repealed, L. 2012, ch. 79, § 1; July 1.
History: L. 1947, ch. 494, §§ 4, 5; Repealed, L. 1985, ch. 345, § 25; July 1.
It shall be unlawful to sell at retail or offer for sale at retail any liquefied petroleum gas except by avoirdupois weight, specified in pounds or kilograms; liquid measure, specified in gallons or liters; or vapor, specified in cubic feet, cubic meters or such other units as may be approved by the secretary of agriculture.
History: L. 1951, ch. 331, § 1; L. 1996, ch. 146, § 4; April 18.
When liquefied petroleum gas is sold at retail or offered for sale at retail by weight, in packages or containers, the tare weight of the container, and the net weight of the contents shall be plainly and conspicuously marked on the outside of the container or on a label firmly attached thereto. Tare weight shall not be construed to include the valve protecting cap, which shall be removed when weighing.
History: L. 1951, ch. 331, § 2; L. 1996, ch. 146, § 5; April 18.
(a) The secretary of agriculture, or the secretary's authorized representative, is authorized to test all weighing and measuring devices used in the retail sale of liquefied petroleum gas, and shall reject all such devices which are found to be inaccurate and to not clearly indicate the quantity of liquefied petroleum gas in kilograms or pounds, liters or gallons, cubic feet or cubic meters or other unit approved by the secretary of agriculture, or the secretary's authorized representative. The secretary of agriculture, or the secretary's authorized representative, shall conspicuously mark all rejected devices. Such mark shall not be removed or defaced except upon authorization of the secretary of agriculture or the secretary's authorized representatives. It shall be unlawful to use a vapor meter dial which is not equipped with a cubic foot indicator for testing the accuracy of the meter.
(b) It shall be unlawful to use a liquid meter for measuring the volume, in gallons, of liquefied petroleum gas for retail sale from delivery vehicles unless such meter is equipped with a ticket printer for use in issuance of printed tickets showing the volume, in gallons, of the liquefied petroleum gas delivered.
History: L. 1951, ch. 331, § 3; L. 1970, ch. 410, § 1; L. 1996, ch. 146, § 6; L. 2001, ch. 175, § 3; July 1.
An invoice shall be submitted to the purchaser showing the quantity of liquefied petroleum gas sold, expressed in pounds, or gallons, or cubic feet, or other units approved by the secretary of agriculture. When vapor meters reading in approved units other than cubic feet are used, the invoice shall clearly indicate to the purchaser a factor to convert to cubic feet or gallons.
When liquefied petroleum gas is sold at retail by liquid volume from a delivery vehicle, a ticket issued by a liquid meter shall be used to show the quantity delivered in gallons; and the printed ticket shall clearly indicate to the purchaser the gallons of liquefied petroleum gas sold and delivered.
History: L. 1951, ch. 331, § 4; L. 1970, ch. 410, § 2; L. 1996, ch. 146, § 7; April 18.
History: L. 1951, ch. 331, § 5; L. 1988, ch. 366, § 49; Repealed, L. 1996, ch. 146, § 43; April 18.
Except as otherwise provided, when liquefied petroleum gas is sold by the container, either by a refilling of a container or an exchange of containers, the vendor shall give the purchaser full credit for the unused liquid remaining in a container being exchanged or refilled. The provisions of this section shall not apply to an exchange of containers when the exchanged container is delivered to the vendor by the purchaser.
History: L. 1951, ch. 331, § 6; L. 1998, ch. 90, § 1; July 1.
History: L. 1951, ch. 331, § 7; L. 1970, ch. 410, § 3; L. 1996, ch. 146, § 8; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1953, ch. 478, §§ 1 to 4; Repealed, L. 1985, ch. 345, § 25; July 1.
History: L. 1957, ch. 220, § 1; L. 1996, ch. 146, § 9; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1957, ch. 220, § 2; L. 1996, ch. 146, § 10; Repealed, L. 2025, ch. 91, § 24; July 1.
As used in this chapter:
(a) "Chapter" means chapter 83 of the Kansas statutes annotated, and amendments thereto, and rules and regulations adopted thereunder.
(b) "Correct," as used in connection with weights and measures, means conformance to all applicable tolerances, specifications and requirements as established by the secretary and those established within this chapter.
(c) "Device used for weighing, measuring or both" means any weight, scale, beam, liquefied petroleum gas meter, vehicle tank meter, measures of every kind, instruments and mechanical or electronic devices for commercial weighing or measuring, and any appliances and accessories connected with any or all such instruments. "Device used for weighing, measuring or both" does not include dispensing devices.
(d) "Dispensing device" means a motor-vehicle fuel or liquid fuel dispensing pump, meter or other similar measuring device and includes any device that dispenses refined or blended gasoline or diesel fuel product. "Dispensing device" does not include liquefied petroleum gas meters or vehicle tank meters.
(e) "Drained weight" means the weight of the solid or semisolid product representing the contents of a package or container obtained after a prescribed method for excluding the liquid has been employed.
(f) "Electric vehicle supply equipment" means a device with one or more charging ports and connectors for charging electric vehicles. "Electric vehicle supply equipment" includes all charging ports and supporting equipment necessary for the operation thereof and the area in the immediate vicinity of the same, including adjacent parking areas and lanes for vehicle ingress and egress.
(g) "Liquefied petroleum gas" means commercial propane and such commercial butane as is used for heating fuel.
(h) "Package" means any commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale.
(i) "Person" means an individual or a company, partnership, corporation, society association or governmental agency and any authorized agent thereof. "Person" does not include the secretary.
(j) "Place of business" means any location from which a testing service or company, or one or more representatives or employees thereof, sells and performs services for the purpose of testing, repairing, adjusting or calibrating devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment.
(k) "Point-of-sale system" means any combination of a cash register or other devices, electronic applications, software, online purchasing systems or other systems, such as a scanner, capable of recovering stored information related to the price or computing the price of any individual item that is sold or offered for sale at retail. A "point-of-sale system" may include or be attached or connected to a weighing or measuring device.
(l) "Primary standards" means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived.
(m) "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale.
(n) "Scanner" means any electronic system that employs a laser-bar code reader to retrieve product identity, price or other information stored in a computer memory.
(o) "Secondary standards" means the physical standards that are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and rules and regulations.
(p) "Secretary" means the secretary of the Kansas department of agriculture or the secretary's designee.
(q) "Service company" means a company that is in the business of examining, calibrating, testing, repairing and adjusting devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment. "Service company" does not include a technical representative unless the technical representative is the owner of such service company.
(r) "Technical representative" means an individual who performs the proper installation, repair, adjustment or calibration and certification of the accuracy of a device used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment.
(s) "Vehicle tank meter" means those meters mounted on vehicle tanks used for the measurement and delivery of petroleum products.
(t) "Weight," as used in connection with any commodity means net weight, except that if the label declares that the product is sold by drained weight, then the term means net drained weight.
(u) "Weights and measures" means all commercial weights or measures of every kind.
History: L. 1985, ch. 345, § 1; L. 1994, ch. 83, § 1; L. 1996, ch. 146, § 11; L. 2025, ch. 91, § 2; July 1.
(a) Except as provided further:
(1) The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the state.
(2) The following standards and requirements shall apply to commercial devices used for weighing, measuring or both:
(A) "The standards of the national conference on weights and measures" published in the national institute of standards and technology handbook 44, entitled specifications, tolerances, and other technical requirements for weighing and measuring devices, as published in October 1994, or later versions as established in rules and regulations adopted by the secretary, except that a mechanical vehicle scale used solely to sell aggregate products shall be allowed a minimum tolerance of +/- 100 pounds. Such scale shall not be sold or moved to another location for use in commercial applications unless it complies with all applicable tolerances of the national institute of standards and technology handbook 44, entitled specifications, tolerances, and other technical requirements for weighing and measuring devices, as published in October 1994, or later versions as established in rules and regulations adopted by the secretary;
(B) "the uniform laws and regulations of the national conference on weights and measures" published in the national institute of standards and technology handbook 130 regarding packaging and labeling, the method of sale of commodities, national type evaluation regulation, motor fuel inspection and motor fuel regulation, as published in December 1994, or later versions as established in rules and regulations adopted by the secretary;
(C) "checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, as published in September 1988, or later versions as established in rules and regulations adopted by the secretary;
(D) "checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, supplement 4, as published in October 1994, or later versions as established in rules and regulations adopted by the secretary; and
(E) any other handbooks or sections thereof as adopted by the secretary by rules and regulations.
(b) Whenever there exists an inconsistency between the provisions of this chapter and any of the handbooks adopted by reference, the requirements of this chapter shall control.
History: L. 1985, ch. 345, § 2; L. 1992, ch. 164, § 1; L. 1996, ch. 146, § 12; L. 2001, ch. 175, § 4; L. 2003, ch. 33, § 1; L. 2005, ch. 76, § 1; L. 2011, ch. 7, § 1; L. 2025, ch. 91, § 3; July 1.
Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state primary standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards and technology. All secondary standards may be prescribed by the secretary and shall be verified upon their initial receipt and as often thereafter as deemed necessary by the secretary.
History: L. 1985, ch. 345, § 3; L. 1992, ch. 175, § 2; July 1.
All contracts, sales or purchases made for work to be done, or for anything to be sold or delivered or done by weight or measure within this state shall be taken and construed in terms of and according to the standards of weights and measures adopted under this act, except where parties have agreed upon any other calculations or measurement. All statements and representations of any kind referring to the weights or measures of commodities sold or purchased, or exposed for sale, shall be understood in terms of the standards of weights and measures adopted under this act.
History: L. 1985, ch. 345, § 4; July 1.
(a) There is hereby established in the Kansas department of agriculture a weights and measures inspection program to enforce the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder. The program shall be under the supervision of the secretary, and the secretary shall employ an administrator of the program and appoint such personnel as may be necessary for the proper administration of chapter 83 of the Kansas Statutes Annotated, and amendments thereto. The administrator shall be in the unclassified service of the Kansas civil service act.
(b) The weights and measures inspection program shall perform the following functions:
(1) Assure that weights and measures in commercial service within the state are suitable for their intended use, properly installed, accurate and are so maintained by their owner or user;
(2) prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state;
(3) make available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the Kansas department of agriculture;
(4) promote uniformity, to the extent such conformance is practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies;
(5) encourage desirable economic growth while protecting the consumer through the adoption by rule and regulation of weights and measures requirements as necessary to assure equity among buyers and sellers; and
(6) such other functions as may be specified by law or deemed necessary by the secretary to carry out the duties and functions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder.
History: L. 1985, ch. 345, § 5; L. 1996, ch. 146, § 13; L. 2004, ch. 101, § 184; July 1.
In the administration of the weights and measures inspection program, the secretary shall:
(a) Administer and enforce the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.
(b) Conduct investigations to ensure compliance with chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.
(c) Delegate to appropriate individuals or private or public entities any of these responsibilities for the proper administration of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.
(d) Test annually the standards of weight and measure used by any city or county within the state, and approve the same when found to be correct.
(e) Inspect and test weights and measures kept, offered or exposed for sale.
(f) Inspect and test, to ascertain if they are correct, weights and measures and point-of-sale systems commercially used: (1) In determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count; (2) in computing the basic charge or payment for services rendered on the basis of weight, measure or count; or (3) in recovering stored information related to the price of any item or commodity which is sold or offered for sale at retail.
(g) Approve for use, and may mark, such weights and measures and point-of-sale systems as the secretary finds to be correct, and reject and mark as rejected such weights and measures and point-of-sale systems as the secretary finds to be incorrect. Weights and measures and point-of-sale systems that have been rejected may be seized if not corrected within the time specified by the secretary or if used or disposed of in a manner not specifically authorized. The secretary shall reject and may seize the weights and measures and point-of-sale systems found to be incorrect that are not capable of being made correct.
(h) Weigh, measure or inspect packaged commodities kept, offered or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations promulgated pursuant thereto. In carrying out the provisions of this section, the secretary shall employ recognized sampling procedures by incorporating applicable procedures designated in the national institute of standards and technology handbooks.
(i) Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice.
(j) Perform such other duties as may be necessary to carry out the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder, or as may be otherwise authorized by law.
(k) Be authorized to enter into such contracts and agreements with individuals or private or public entities as may be necessary, in the judgment of the secretary, to fulfill the duties and responsibilities established in chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder. Any contract entered into by the secretary pursuant to this section shall not be subject to K.S.A. 75-3739, or amendments thereto.
History: L. 1985, ch. 345, § 6; L. 1992, ch. 175, § 3; L. 1994, ch. 83, § 2; L. 1996, ch. 146, § 14; April 18.
(a) The secretary of agriculture may adopt rules and regulations necessary for the administration and enforcement of the provisions of this chapter. As a part of such rules and regulations, the secretary of agriculture shall adopt standards setting forth specifications, tolerances and other technical requirements for all weights, measures and weighing and measuring devices, and point-of-sale systems. These specifications, tolerances and other technical requirements shall conform, insofar as practicable, to the specifications, tolerances and other technical requirements for weights, measures and weighing and measuring devices established by the national institute of standards and technology. The secretary of agriculture shall prescribe by rules and regulations the appropriate term or unit of weight or measure to be used whenever the secretary determines in the case of a specific commodity that an existing practice of declaring the quantity by weight, measure or numerical count, or combination thereof, does not facilitate value comparisons by consumers or such practice offers an opportunity for consumer confusion.
(b) The secretary may adopt rules and regulations concerning:
(1) Standards of workmanship for technical representatives and service companies;
(2) requirements for contractual responsibilities and fulfillment of agreements by service companies; and
(3) maintenance and furnishing of reports and information necessary for the secretary to carry out the provisions of this act.
History: L. 1985, ch. 345, § 7; L. 1992, ch. 175, § 4; L. 1994, ch. 83, § 3; L. 1996, ch. 146, § 15; L. 2025, ch. 91, § 4; July 1.
The secretary may, during normal business hours, enter any premises or vehicle in or on which any weights, measures, balances, devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment, subject to the requirements of this chapter or any related records required pursuant thereto may be located or used for the purpose of inspecting, testing and sealing or rejecting the same or as otherwise necessary for the administration of this chapter.
History: L. 1985, ch. 345, § 8; L. 1996, ch. 146, § 16; L. 2025, ch. 91, § 5; July 1.
(a) If the secretary finds that any package or amount of any commodity is held, offered or exposed for sale in violation of law, the secretary may order them off-sale and may mark or tag them to show they are illegal.
(b) Whenever the secretary finds that any violation of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted under it has occurred, the secretary may issue a stop-use order, stop-sale order, stop-removal order or removal order or any combination of such orders with respect to weights and measures being, or capable of being, commercially used. The secretary may issue stop-sale orders, stop-removal orders or removal orders, or any combination of such orders, with respect to any package or amount of any commodity held, offered or exposed for sale, sold or being delivered if the secretary deems it necessary for the protection of the public.
(c) No person may sell, use, remove, otherwise dispose of, or fail to remove from the premises specified, any weight, measure or package or any amount of any commodity contrary to the terms of any order issued under this section.
(d) This section does not limit the right of the secretary to proceed as authorized by other sections of chapter 83 of the Kansas Statutes Annotated, and amendments thereto or any rules and regulations adopted thereunder.
History: L. 1985, ch. 345, § 9; L. 1996, ch. 146, § 17; April 18.
(a) Any county or city in the state may establish a department of public inspection of weights and measures, appoint inspectors of weights and measures and fix their compensation and pass such ordinances relating to weights and measures not in conflict with the state laws as may be deemed necessary. If a county or city establishes such a department it shall provide the department with suitable quarters, a set of secondary standards and all other equipment for the proper performance of duties. All county and city standards shall be tried, proved and sealed under the direction of the secretary, and shall be returned to the secretary for verification at least once in every year.
(b) Any weights and measures official appointed for a county or city shall have the duties enumerated in subsections (e) to (h), inclusive, of K.S.A. 83-206, and amendments thereto, and the powers enumerated in K.S.A. 83-208 and 83-209, and amendments thereto. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. Weights and measures officials appointed for a county or city shall exercise such additional powers as may be granted by the governing body of such county or city, but such additional powers shall not be less than the powers granted to state inspectors of weights and measures under chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and shall not be in conflict with powers granted to the secretary under chapter 83 of the Kansas Statutes Annotated, and amendments thereto.
(c) All departments of public inspection of weights and measures established by cities or counties prior to July 1, 1985, are hereby specifically continued in existence.
History: L. 1985, ch. 345, § 10; L. 1996, ch. 146, § 18; April 18.
History: L. 1985, ch. 345, § 11; L. 1992, ch. 164, § 2; Repealed, L. 1996, ch. 146, § 43; April 18.
All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by rules and regulations of the secretary of agriculture, shall be accompanied by a delivery ticket containing the following information:
(a) The names and addresses of the buyer and seller;
(b) the date of delivery of the product or commodity;
(c) the quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;
(d) the identity of the commodity or product being sold in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale;
(e) the count of individually wrapped packages, if more than one; and
(f) the unit price, unless otherwise agreed on by both the buyer and seller.
History: L. 1985, ch. 345, § 12; L. 1996, ch. 146, § 19; April 18.
(a) Except as otherwise provided in chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or by rules and regulations adopted pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration of:
(1) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;
(2) the quantity of contents in terms of weight, measure or count; and
(3) the name and place of business of the manufacturer, packer or distributor, in the case of any package kept, offered or exposed for sale, or sold in any place other than on the premises where packed.
(b) The secretary of agriculture may adopt rules and regulations which establish reasonable variations or tolerances, prescribe the size of printing of the labeling required and prescribe exemptions of small packages.
History: L. 1985, ch. 345, § 13; L. 1996, ch. 146, § 20; April 18.
(a) The secretary may try and prove weights, measures, balances and other measuring devices on request for any person, corporation or institution, and when the same are found or made to conform to the state standards, and otherwise fulfill such reasonable requirements as the secretary may make, the secretary, or an authorized representative of the secretary, may seal the same with a seal that is kept for that purpose.
(b) (1) Except as otherwise provided by statute, the secretary may charge for services provided by the department and other necessary and incidental expenses, or both, incurred in conjunction with the testing and proving of weights, measures or both and other devices at rates prescribed pursuant to this section. The rates charged by the secretary shall be as follows:
| Calibration Types and Ranges | Calibration Fee | Adjustment Fee | |
|---|---|---|---|
| Mass Echelon III (ASTM Class: 5, 6, 7) (NIST Class: F) (OIML Class: M1, M1-2, M2, M2-3, M3) | Weight Set, up to 10 lb, up to 5kg | $120.00/set | $20.00/pc in the set |
| up to 10 lb, up to 5 kg | $10.00/pc | $20.00/pc | |
| over 10 lb up to 50 lb, over 5 kg up to 30 kg | $25.00/pc | $50.00/pc | |
| over 50 lb up to 1250 lb, over 30 kg up to 500 kg | $35.00/pc | $70.00/pc | |
| over 1250 lb up to 3000 lb | $70.00/pc | $45.00/pc | |
| Weight Cart, 2500 lb up to 6000 lb | $250.00/pc | $170.00/pc | |
| Weight Cart, over 6000 lb up to 8000 lb | $350.00/pc | $225.00/pc | |
| Mass Echelon II (ASTM Class: 2, 3, 4) (OIML Class: F1, F2) | up to 1000 lb, up to 500 kg | $40.00/pc | $80.00/pc |
| Mass Echelon I (ASTM Class: 0, 1) (OIML Class: E1, E2) | 500 lb, up to 30 kg | $75.00/pc | $75.00/pc |
| Volume Echelon II | 5 gal | $70.00/pc | Due to the calibration procedure, adjustment is included in the cost of calibration. |
| over 5 gal up to 100 gal | $240.00/pc | ||
| over 100 gal up to 200 gal | $300.00/pc | ||
| over 200 gal up to 500 gal | $500.00/pc | ||
| over 500 gal up to 1000 gal | $900.00/pc | ||
| over 1000 gal up to 1500 gal | $1200.00/pc | ||
| LPG, 20 gal up to 100 gal | $460.00/pc | ||
| Volume Echelon I | Up to 5 gal | $310.00/pc | $310.00/pc |
| Thermometry Echelon IV | -35 °C up to 150 °C | $90.00/point | $90.00/point |
(2) Service that is not part of a routine calibration, including, but not limited to, cleaning or repairing a standard or performing non-routine calibration procedures, shall be charged at a rate of $120 per hour. For any service provided pursuant to this subsection that is not listed in the fee schedules in subsection (b)(1), the secretary shall determine the fee to be charged.
(3) For any service provided pursuant to this subsection, the secretary may charge a minimum fee of $70 per invoice. The secretary may charge for subsistence and transportation of personnel and equipment to such point and return. Such charges shall be set by rules and regulations adopted by the secretary of agriculture.
(4) The secretary may fix the manner in which any charges made pursuant to this subsection are collected.
(c) The secretary shall remit all moneys received under subsection (b) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the weights and measures fee fund which is hereby created. All expenditures from the weights and measures fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary.
(d) Except as otherwise provided in this chapter, nothing shall prohibit the owner of a weighing or measuring device or the owner's employee or agent from servicing or repairing such device. If such device is found out of tolerance and is rejected by the secretary, the owner is responsible for repairing the device within the time specified on the rejection tag and notifying the secretary when the device is repaired and in operation. The owner shall pay a fee commensurate with the expense incurred by the secretary in performing the follow-up inspections or tests.
History: L. 1985, ch. 345, § 14; L. 1990, ch. 364, § 6; L. 1994, ch. 336, § 14; L. 1996, ch. 146, § 21; L. 2001, ch. 5, § 482; L. 2016, ch. 101, § 5; L. 2025, ch. 91, § 6; July 1.
(a) The secretary is hereby authorized and empowered to reject and take out of service any device used for weighing, measuring or both that is found not to conform to state standards or that is found not to weigh or measure within authorized tolerances.
(b) A service company and city or county department of weights and measures or any agent or employee thereof shall be prohibited from condemning or rejecting a device used to* weighing, measuring or both or taking such device out of service.
(c) Any weighing or measuring device that has been rejected and taken out of service under authority of the secretary shall remain subject to the control of the secretary until such time that suitable and acceptable repair has been made of the same or an authorized disposition of the same has been approved. An authorized repair period of use not longer than 30 days for purposes of obtaining a repair of the device used for weighing, measuring or both by the owner, or a reasonable extension of that period, may be given by the secretary when it is determined that the immediate cessation of use of such device will work an undue hardship on the person using such device or the patrons of such person. The owner of such rejected device shall cause the same to be repaired and corrected to weigh or measure within authorized tolerances within 30 days after being rejected, or within such extension as may be authorized, or in lieu thereof, the owner of the same may dispose of or destroy such weighing or measuring device or any rejected weight or measure under specific authority from the secretary.
History: L. 1985, ch. 345, § 15; L. 1996, ch. 146, § 22; L. 2025, ch. 91, § 7; July 1.
(a) Any weight, measure or device used for weighing, measuring or both that has been rejected by the secretary and has not been repaired or restored to weigh or measure within approved tolerances, during any authorized repair period, is hereby declared to be a common nuisance and a contraband device. The secretary may seal the beam or mechanism out of service on any device used for weighing, measuring or both or may take possession of any contraband weight or measure. The secretary shall deliver to the owner or person found in possession of any contraband weight, measure or device used for weighing, measuring or both a statement giving the location and description of the weight, measure or device used for weighing, measuring or both so sealed or taken.
(b) Any device used for weighing, measuring or both that has been sealed out of service by the secretary and that has not been repaired or restored and made to weigh or measure within approved tolerances within 90 days following the date of sealing, or an authorized extension thereof, may be proceeded against by an action in a district court of competent jurisdiction for an order for the disposal of such device.
(c) Procedure in regard to the prevention of the maintenance of a common nuisance and procedure for the disposal of any device used for weighing, measuring or both may be conducted in accordance with and in the manner provided for under K.S.A. 41-805 and 41-806, and amendments thereto, and as otherwise authorized by statute.
History: L. 1985, ch. 345, § 16; L. 1996, ch. 146, § 23; L. 2025, ch. 91, § 8; July 1.
Any person who is liable to an injured person by reason of any inaccurate, false or rejected device used for weighing, measuring or both shall be assessed and adjudged to pay damages in double the amount of the property wrongfully taken or not given and, in addition thereto, for punitive damages, the additional sum of $25, and reasonable attorney fees, to be recovered in any court of competent jurisdiction. The selling and delivery of a stated quantity of any commodity shall be prima facie evidence of representations on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. A slight variation from the stated weight, measure or quantity, within authorized tolerances, is permissible for individually packaged commodities if such variation is as often over, as it is under, the correct weight, measure or quantity stated.
History: L. 1985, ch. 345, § 17; L. 2025, ch. 91, § 9; July 1.
For the purposes of this act, proof of the existence of a weight, measure or a device used for weighing, measuring or both, in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, in the absence of conclusive evidence to the contrary, shall be presumptive proof of the regular use of such weight, measure or device used for weighing, measuring or both for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle.
History: L. 1985, ch. 345, § 18; L. 2025, ch. 91, § 10; July 1.
(a) It shall be unlawful for any person to:
(1) Offer or expose for sale or to sell any weight, measure or weighing or measuring device that does not meet the tolerances and specifications required by this chapter or that has been rejected without first obtaining the written authorization of the secretary;
(2) use a weight, measure or weighing or measuring device for commercial purposes that does not meet the tolerance and specifications required by this chapter or that does not conform to the standard authorized by the secretary for determining the quantity of any commodity or article of merchandise, for the purpose of:
(A) Buying or selling any commodity or article of merchandise;
(B) computation of any charge for services rendered on the basis of weight or measure; or
(C) determining weight or measure, either when a charge is made for such determination or where no charge is made for use of such weight, measure, weighing or measuring device;
(3) except as allowed in K.S.A. 83-225, and amendments thereto, break or remove any tag, mark or seal placed on any weighing or measuring device by the secretary or a county or city inspector of weights and measures without specific written authorization from the proper authority or to use a weighing or measuring device after the lapse of the authorized period following the placing of a rejection tag thereon by the secretary, unless further extension of time for any repair purposes is first obtained from the secretary to;
(4) sell, offer or expose for sale less than the represented quantity of any commodity, thing or service;
(5) take or attempt to take more of the represented quantity of any commodity, thing or service when the buyer furnishes the weight, measure or weighing or measuring device by which the amount of any commodity, thing or service is determined;
(6) keep for the purpose of sale, or to offer or expose for sale, or to sell any commodity in a manner contrary to the law or contrary to any rule and regulation;
(7) use in retail trade, except in preparation of packages of merchandise put up in advance of sale, a weighing or measuring device that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from a reasonable customer position;
(8) violate any of the provisions of this chapter for which a specific penalty is not provided;
(9) sell or offer for sale or use or possess for the purpose of selling or using any device or instrument to be used or calculated to falsify any weight or measure;
(10) dispose of any rejected weight or measure in a manner contrary to law or rules and regulations;
(11) expose for sale, offer for sale or sell any commodity in package form, without such commodity being so wrapped, or the container so made, formed or filled, that it will not mislead the purchaser as to the quantity of the contents of the package;
(12) expose for sale, offer for sale or sell any commodity in any container in which the contents of the container fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the secretary;
(13) misrepresent the price of any commodity or service sold, offered, exposed or advertised for sale by weight, measure or count, or represent the price in any manner calculated or tending to mislead or in any way deceive any person;
(14) misrepresent, or represent in a manner calculated or tending to mislead or deceive an actual or prospective purchaser, the price of an item offered, exposed or advertised for sale at retail;
(15) limit, exclude or otherwise fail to provide access to generic, store brand or less costly versions of products on electronic and online ordering applications or similar systems unless such items are out of stock or unavailable for in-store purchase;
(16) compute or attempt to compute at the time of sale of an item, a value that is not a true extension of a price per unit that is then advertised, posted or quoted;
(17) charge or attempt to charge, at the time of the sale of an item or commodity, a value that is more than the price that is advertised, posted or quoted;
(18) alter a weight certificate, use or attempt to use any such certificate for any load or part of a load or for articles or things other than for which the certificate is given, or, after weighing and before the delivery of any articles or things so weighted, alter or diminish the quantity thereof;
(19) hinder or obstruct the secretary in any way in the performance of the secretary's official duties under this chapter or to fail to produce, upon demand by the secretary, all weights, measures, balances, devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment that are subject to the provisions of this chapter;
(20) fail to follow the standards and requirements established in K.S.A. 83-202, and amendments thereto, or any rules and regulations adopted thereunder;
(21) fail to pay all fees and penalties as prescribed by this chapter;
(22) fail to keep or make available for examination or provide to the secretary all inspection reports, test reports and any other service reports or other information on any device owned or operated by the owner or any agent or employee of the owner and other information necessary for the enforcement of this chapter and as required by the secretary;
(23) fail to have any commercial weight or device used for weighing, measuring or both tested as required by this chapter;
(24) sell or offer or expose for sale liquefied petroleum gas in packages or containers that do not bear a statement as to tare and net weight as required by this chapter or packages or containers that bear a false statement as to weights;
(25) sell, use, remove, or otherwise dispose of, or fail to remove from the premises specified, any weighing or measuring device or package or commodity contrary to the terms of any order issued by the secretary;
(26) violate any order issued by the secretary pursuant to this chapter;
(27) prohibit a buyer or seller from observing the weighing or operation of any transaction to which such buyer or seller is a party;
(28) falsely make or alter or cause or procure to be falsely made or altered with intent to defraud, any scale ticket or other written record evidencing or relating to the weight of any personal property or any entry or item thereon; and
(29) for hire, weigh any vehicle at an attended public scale or issue any scale ticket or other written record evidencing or relating to the weight of such vehicle or the load thereon, unless such scale ticket or written record shows the date, time and place of the weighing and the signature of the weigher.
(b) It shall be unlawful for any service company or technical representative to knowingly:
(1) Act as or represent such person's self to be a technical representative without having a valid license issued by the Kansas department of agriculture;
(2) certify a device as correct unless the device meets the tolerances and specifications as required by this chapter;
(3) hinder or obstruct in any way the secretary in the performance of the secretary's official duties under this chapter;
(4) fail to follow the standards and requirements set forth in K.S.A. 83-202, and amendments thereto, or any rules and regulations adopted thereunder;
(5) fail to complete the testing or placing-in-service report in its entirety and to report the accurate description of the parts replaced, adjusted, reconditioned or work performed;
(6) file a false or fraudulent service company or technical representative application or reports to the secretary;
(7) fail to pay all fees and penalties as prescribed by this chapter;
(8) fail to keep or make available for examination in an accessible and legible manner or provide to the secretary in a legible manner all inspection reports, test reports and any other service or report work information on any device that the service company or an agent or employee performed work on and other information necessary for the enforcement of this chapter; or
(9) sell, offer or expose for sale a device used for weighing, measuring or both intended to be used commercially that is not traceable to a national type evaluation program certificate of conformance.
(c) For the purpose of subsection (a)(4), the selling and delivery of a stated quantity of any commodity shall be prima facie evidence of representations on the part of the seller that the quantity sold and delivered was the quantity bought by the purchaser.
(d) Violation of this section shall be deemed a deceptive act and practice as defined by K.S.A. 50-626, and amendments thereto. Violations of the provisions of this section, and amendments thereto, may be enforced by the secretary under the administrative provisions of this chapter or by the attorney general or a county or district attorney under the Kansas consumer protection act.
History: L. 1985, ch. 345, § 19; L. 1986, ch. 398, § 2; L. 1994, ch. 83, § 4; L. 1996, ch. 146, § 24; L. 2001, ch. 175, § 5; L. 2004, ch. 101, § 185; L. 2016, ch. 101, § 6; L. 2025, ch. 91, § 11; July 1.
Any person violating any of the provisions of this chapter shall be guilty of a class A, a nonperson misdemeanor. Each separate violation shall be a separate misdemeanor.
History: L. 1985, ch. 345, § 20; L. 1996, ch. 146, § 25; L. 2025, ch. 91, § 12; July 1.
All inspections and tests to inspect, test and seal, certify or reject any dispensing device or the capacity of any vehicle tank used in the transportation of liquefied petroleum gas, motor-vehicle fuels or liquid fuels shall be made in compliance with the provisions of this chapter.
History: L. 1985, ch. 345, § 21; L. 1988, ch. 397, § 8; L. 1989, ch. 163, § 9; L. 1996, ch. 146, § 26; L. 2007, ch. 180, § 3; L. 2025, ch. 91, § 13; July 1.
Except as otherwise provided in this chapter, all rules and regulations adopted under the provisions of this chapter in existence immediately prior to July 1, 1985, shall continue to be effective and shall be deemed to be the rules and regulations of the secretary of agriculture until revised, amended, repealed or nullified pursuant to law.
History: L. 1985, ch. 345, § 22; L. 1996, ch. 146, § 27; L. 2025, ch. 91, § 14; July 1.
The secretary may bring action in the district court in the name of the state of Kansas for injunction or other process to restrain or prevent a violation of this act.
History: L. 1985, ch. 345, § 23; July 1.
If any part or parts of this chapter are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History: L. 1985, ch. 345, § 24; L. 2025, ch. 91, § 15; July 1.
(a) A licensed service company or a city or county department of weights and measures shall be authorized to remove an official rejection tag or other mark placed on a device used for weighing, measuring or both, a dispensing device or electric vehicle supply equipment by authority of the secretary for the purpose of testing or repairing any such device or equipment.
(b) After the test is conducted and necessary repairs are completed, the service company or city or county department of weights and measures shall place the device or equipment in service and shall notify the secretary of such within the time periods established by the secretary pursuant to rules and regulations adopted hereunder.
(c) When a device or equipment cannot be repaired properly, the service company or city or county department of weights and measures shall replace the rejection tag or other mark with a substitute rejection tag or other mark supplied by the secretary and shall notify the secretary within the time period as established by the secretary pursuant to rules and regulations adopted hereunder.
(d) This section shall apply to new and used devices used for weighing, measuring or both, dispensing devices and electric vehicle supply equipment.
(e) Administrative or civil penalties specified in K.S.A. 83-220, and amendments thereto, shall apply to violations of this section.
History: L. 1986, ch. 398, § 1; L. 1988, ch. 398, § 10; L. 1996, ch. 146, § 28; L. 2025, ch. 91, § 16; July 1.
(a) Each person, other than an authorized representative of the secretary or an authorized representative of a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, desiring to operate and perform testing and other services as a service company in Kansas shall apply to the secretary for a service company license on a form to be supplied by the secretary and shall obtain such license from the secretary before operating and performing testing or other services as a service company.
(b) Each service company shall obtain a separate license for each place of business maintained in Kansas by paying a license application fee not to exceed $200 for each license sought. The secretary may set the application fee by order. Each service company license shall expire on June 30 following issuance, shall be void unless renewed prior to the expiration and shall not be transferable. The license renewal fee for each place of business shall be equal to the license application fee as provided in this section.
(c) If any service company maintains any out-of-state places of business that the company operates in serving Kansas patrons, the service company seeking to obtain or renew a license under this section shall list in the application such places of business and the firm names under which the company operates at each such place of business. If any out-of-state place of business is established by a service company after being licensed under this section, the licensee shall supply such information to the secretary before any work is performed in Kansas from such out-of-state location. Each nonresident service company shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of this chapter or any liabilities arising from operations thereunder. Each nonresident service company that does not maintain an established place of business in Kansas shall obtain a license under this section for each out-of-state place of business and list on the application the firm name or names for each place of business from which the service company intends to operate.
(d) Each technical representative shall be licensed annually by the secretary. Except as provided in subsection (e), each technical representative shall be required to attend continuing education seminars on an annual basis as required by rules and regulations adopted by the secretary and pass a reasonable examination prescribed by the secretary each year prior to being licensed. Each technical representative's license shall expire on June 30 following the issuance of the license and shall be void unless renewed prior to the expiration.
(e) Each technical representative who has had 10 years of continuous licensure with no administrative enforcement action adjudicated against such technical representative during such 10-year period shall be eligible to obtain a five-year license. The secretary shall implement, by order, the fee for such five-year license. Such license fee shall be an amount of not to exceed $500. Each technical representative holding a five-year license shall be required to complete continuing education as described in subsection (d) at a frequency of not to exceed once per five-year period. The secretary may promulgate rules and regulations to require any technical representative who has been adjudicated in violation of this act or any rules and regulations promulgated by the secretary to seek renewal of a license on an annual basis, and the secretary may establish criteria for the reinstatement of eligibility for a five-year license.
(f) The secretary is authorized to charge a fee to the attendees of continuing education seminars sponsored by the Kansas department of agriculture. The amount of such fee shall be not more than is necessary to cover the expenses incurred in providing the seminar.
(g) No service company license may be issued or renewed under this section until the applicant's weights or measures, or both, have been tested for accuracy and sealed by the secretary. The secretary is authorized to accept a calibration certificate for the applicant's weights or measures issued by the national institute of standards and technology or by a metrology laboratory certified by the national institute of standards and technology in lieu of a test by the secretary, if such certificate shows that the weights or measures have been tested within the last 365 days preceding the license application.
(h) The secretary shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the weights and measures fee fund.
History: L. 2025, ch. 91, § 17; July 1.
(a) At any time after notice and opportunity for a hearing are given accordance with the provisions of the Kansas administrative procedure act, the secretary may revoke, suspend, decline to renew or decline to issue a service company license or technical representative's license, when the service company or technical representative has:
(1) Refused to provide the secretary with reasonably complete and accurate information regarding methods used, materials used or work performed as required by the secretary;
(2) failed to comply with any provision or requirement of this chapter;
(3) failed to perform work in a manner consistent with the standards set forth in this chapter; or
(4) committed an unlawful act as established in K.S.A. 83-219, and amendments thereto, or any other provision of this chapter.
History: L. 2025, ch. 91, § 18; July 1.
History: L. 1985, ch. 343, § 1; L. 1988, ch. 398, § 1; L. 1990, ch. 364, § 7; L. 1996, ch. 146, § 29; L. 2004, ch. 4, § 1; Repealed, L. 2025, ch. 91, § 24; July 1.
Revisor's Note: Section was also amended by L. 2004, ch. 101, § 186, but that version was repealed by L. 2004, ch. 180, § 18.
History: L. 1985, ch. 343, § 2; L. 1988, ch. 398, § 2; L. 1990, ch. 365, § 3; L. 1992, ch. 175, § 5; L. 1996, ch. 146, § 30; L. 2001, ch. 5, § 483; L. 2002, ch. 181, § 25; L. 2004, ch. 85, § 20; L. 2004, ch. 180, § 16; L. 2016, ch. 101, § 7; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1985, ch. 343, § 3; L. 1988, ch. 398, § 3; L. 1996, ch. 146, § 31; Repealed, L. 2025, ch. 91, § 24; July 1.
(a) Except as provided by subsection (e), the owner or operator of a device used for weighing, measuring or both that is used commercially shall have such device tested and inspected at least annually for accuracy. The test and inspection shall be conducted by either a licensed technical representative employed by a licensed service company or by an authorized representative of any city or county that has established a department of public inspection of weights and measures pursuant to K.S.A. 83-210, and amendments thereto, or by the secretary. Such tests and inspections shall be conducted in accordance with the rules and regulations adopted by the secretary. If, upon such testing and inspection, it is found that the device has not been tested and inspected for accuracy and approved within the preceding 365 days, the secretary shall take the weighing and measuring device out of service pursuant to the provisions of K.S.A. 83-215, and amendments thereto. Except as provided further, the test weights or equipment used by the service company shall have been approved and sealed by the secretary pursuant to K.S.A. 83-214, and amendments thereto, within 365 days preceding the date of the tests. Test weights or equipment that have the nominal capacity of 250 pounds or greater, are housed in a grain elevator or similar structure and are used to test scales in grain elevators or similar facilities shall have been approved and sealed by the secretary pursuant to K.S.A. 83-214, and amendments thereto, within three calendar years preceding the date of the test. Except at the option of a city or county that has an established department of public inspection of weights and measures, tests and inspections shall be at the expense of the owner or operator of the device used for weighing, measuring or both. In any city or county that has a department of public inspection that inspects such device used for weighing, measuring or both, the test may be conducted by an authorized representative of the city or county weights and measures department. Farmers or ranchers who own and operate a weighing and measuring device used in private treaty transactions are exempt from the annual testing requirements. Volumetric provers that are stationary or exceed the testing capacity of the state metrology laboratory due to engineering design or the capacity of the prover are exempt from the annual testing requirement.
(b) When tests or inspections are conducted pursuant to this section, a report showing the results of the tests or inspections shall be promptly furnished to the owner or operator. If the tests or inspections were not performed by the secretary, such reports shall also be sent to the secretary as required by rules and regulations adopted by the secretary and not later than 10 days after the test or inspection of such device has occurred.
(c) Subject to the provisions of K.S.A. 83-215, and amendments thereto, the owner or operator of a device used for weighing, measuring or both that is found to be noncompliant with the tolerances or specifications required by this chapter shall, immediately at the time of testing, withdraw the device from further use until the necessary corrections, adjustments or repairs are made and the device is determined to be accurate by a service company, a city or county department of public inspection of weights and measures or the secretary. Weighing and measuring devices that have been repaired or serviced shall meet the tolerances and specifications established in this chapter prior to being placed or returned to service. The service company or the city or county department of public inspection of weights and measures shall notify the secretary of any weighing and measuring devices that are found not to comply with such tolerances and specifications and are thus inaccurate and cannot be adjusted, repaired or serviced so as to comply with the standards and tolerances established in this chapter. Such notification shall be as required by the secretary, pursuant to rules and regulations. Such notification shall be furnished to the department not later than 10 days after the service company or city or county department of public inspection of weights and measures has found the weighing and measuring device to be in noncompliance with the tolerance and specifications required for such weighing and measuring device. A copy of the report prepared by the service company or city or county department of public inspection of weights and measures or the secretary showing the results of the weighing and measuring device test and the work done to correct any deficiencies shall be filed with the secretary by the party who prepared the report.
(d) Each service company shall be required to keep at such company's corporate headquarters or at such company's resident agent's office a copy of all reports regarding the installation, repair, calibration and other work that the service company or the technical representatives employed by the service company performed on commercial weighing or measuring devices. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations. The owner or operator of a device used for weighing, measuring or both shall also be required to retain copies of all reports regarding the installation, repair or adjustment or any of the aforementioned done to the device at the site where the measuring and weighing device is used. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations.
(e) The secretary may adopt rules and regulations providing for inspection of vapor meters at intervals less frequently than annually if the secretary determines that annual inspections are not necessary to protect the public interest. In adopting any such rules and regulations, the secretary shall take into consideration the standard for inspections of vapor meters adopted by the national institute of standards and technology of the United States department of commerce.
History: L. 1985, ch. 343, § 4; L. 1988, ch. 398, § 4; L. 1990, ch. 365, § 1; L. 1992, ch. 175, § 6; L. 1994, ch. 83, § 5; L. 1996, ch. 146, § 32; L. 1997, ch. 89, § 1; L. 2000, ch. 38, § 1; L. 2001, ch. 175, § 6; L. 2025, ch. 91, § 19; July 1.
When the secretary finds or is notified by a licensed service company or a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, that a device used for weighing, measuring or both does not comply with tolerances and specifications adopted by the secretary, by rule and regulation, then the secretary may test the device for accuracy after repairs have been made.
History: L. 1985, ch. 343, § 5; L. 1988, ch. 398, § 5; L. 1990, ch. 365, § 4; L. 1996, ch. 146, § 33; L. 2025, ch. 91, § 20; July 1.
History: L. 1985, ch. 343, § 6; L. 1988, ch. 398, § 6; Repealed, L. 1996, ch. 146, § 43; April 18.
Chapter 83 of the Kansas Statutes Annotated, and amendments thereto, does not apply to a railway track scale used exclusively for the weighing of commodities on railroad vehicles.
History: L. 1985, ch. 343, § 7; L. 1996, ch. 146, § 34; April 18.
Revisor's Note: Section was amended twice in the 1988 session, see also 83-308a.
History: L. 1985, ch. 343, § 8; L. 1988, ch. 398, § 7; L. 1990, ch. 366, § 1; L. 1996, ch. 146, § 35; L. 2010, ch. 60, § 11; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1985, ch. 343, § 8; L. 1988, ch. 356, § 353; Repealed, L. 1990, ch. 366, § 3; July 1.
History: L. 1985, ch. 343, § 9; L. 1988, ch. 398, § 8; Repealed, L. 1988, ch. 356, § 361; Repealed, L. 1989, ch. 312, § 1; July 1.
History: L. 1985, ch. 343, § 10; L. 1988, ch. 398, § 9; L. 1990, ch. 365, § 5; Repealed, L. 1996, ch. 146, § 43; April 18.
History: L. 1985, ch. 343, § 11; L. 1996, ch. 146, § 36; Repealed, L. 2025, ch. 91, § 24; July 1.
(a) All of the powers, duties and functions of the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, are hereby transferred to and conferred and imposed upon the secretary of agriculture.
(b) The secretary of agriculture shall be the successor in every way to the powers, duties and functions of the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, and shall be deemed the orders and directives of the secretary of agriculture until revised, amended or nullified pursuant to law.
(c) The secretary of agriculture shall succeed to whatever right, title or interest the director of the Kansas state grain inspection department, with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of agriculture shall be deemed to have the same force and effect as if performed by the director of the Kansas grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, in which such powers, duties and functions were vested prior to the effective date of this order.
(d) Whenever the director of the Kansas grain inspection department, or words of like effect, with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of agriculture.
(e) All rules and regulations of the director of the Kansas grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of agriculture until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the director of the Kansas grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, in existence on the effective date of this act shall continue to be effective and shall be deemed the orders and directives of the secretary of agriculture until revised, amended or nullified pursuant to law.
(g) The secretary of agriculture shall succeed to whatever right, title or interest the director of the Kansas grain inspection department, with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, has acquired in any real or personal property in this state, and the secretary shall hold the same for and in the name of the state of Kansas.
(h) On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, to acquire, hold or dispose of real or personal property or any interest therein, the secretary of agriculture shall succeed to such power or authority.
History: L. 1990, ch. 364, § 8; L. 1996, ch. 146, § 37; April 18.
On the effective date of this act, officers and employees who immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, and who in the opinion of the secretary of agriculture, are necessary to perform the powers, duties and functions of the Kansas grain inspection laws pertaining to the actual inspection of the scales and other weighing and measuring devices specified in chapter 34 of Kansas Statutes Annotated, and amendments thereto, shall be transferred to and shall become officers and employees of the state department of agriculture. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous.
History: L. 1990, ch. 364, § 9; L. 1996, ch. 146, § 38; April 18.
(a) When any conflict arises as to the disposition of any property, power, duty or function, or the unexpended balance of any appropriation, as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor whose decision shall be final.
(b) The state department of agriculture shall succeed to all property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of agriculture. Any conflict as to the proper disposition of property or records arising under this section and resulting from the transfer, attachment or all or part of the powers, duties and functions of the director of the Kansas state grain inspection department shall be determined by the governor whose decision shall be final.
History: L. 1990, ch. 364, § 10; L. 1996, ch. 146, § 39; April 18.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced by or against the director of the Kansas state grain inspection department with regard to the Kansas grain inspection laws or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties shall abate by reason of the transfers effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the secretary of agriculture or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1990, ch. 364, § 11; L. 1996, ch. 146, § 40; April 18.
(a) On the effective date of this act, the balance of all funds appropriated and reappropriated to the director of the Kansas state grain inspection department, the actual inspection of scales and other weighing and measuring devices with regard to the Kansas grain inspection laws is hereby transferred to the state department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this act, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date were engaged in the performance of powers, duties or functions of any state agency or officer transferred by this act, or which becomes a part of the state department of agriculture or the powers, duties and functions of which are transferred to the secretary of agriculture, shall be assumed and paid by the state department of agriculture.
History: L. 1990, ch. 364, § 12; L. 1996, ch. 146, § 41; April 18.
History: L. 1996, ch. 146, § 42; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1985, ch. 344, § 1; L. 1988, ch. 397, § 1; L. 1989, ch. 163, § 10; L. 1996, ch. 105, § 16; L. 2007, ch. 180, § 4; Repealed, L. 2025, ch. 91, § 24; July 1.
Revisor's Note: Section was also amended by L. 2004, ch. 101, § 187, but that version was repealed by L. 2004, ch. 180, § 18.
History: L. 1985, ch. 344, § 2; L. 1988, ch. 397, § 2; L. 1990, ch. 365, § 6; L. 1992, ch. 175, § 7; L. 1996, ch. 105, § 17; L. 2001, ch. 5, § 484; L. 2002, ch. 181, § 26; L. 2004, ch. 85, § 21; L. 2004, ch. 180, § 17; L. 2017, ch. 27, § 1; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1985, ch. 344, § 3; L. 2004, ch. 101, § 154; Repealed, L. 2025, ch. 91, § 24; July 1.
(a) The owner or operator of a dispensing device that is used for commercial purposes shall have such device tested and inspected at least once within every 18-month period. The test shall be conducted by an authorized representative of any city or county that has established a department of public inspection of weights and measures pursuant to K.S.A. 83-210, and amendments thereto, or by the secretary. Such inspections shall be conducted in accordance with rules and regulations adopted by the secretary. If, upon inspection, it is found that the dispensing device has not been tested and inspected for accuracy and approved within the preceding 18 months, the secretary shall take the dispensing device out of service pursuant to the provisions of K.S.A. 83-215, and amendments thereto. The test weights and measures used by the service company shall have been approved and sealed by the secretary pursuant to K.S.A. 83-214, and amendments thereto, every 365 days. Except at the option of the city or county that has an established department of public inspection of weights and measures, annual tests and inspections shall be at the expense of the owner or operator. In any city or county that has a department of public inspection of weights and measures that annually inspects such dispensing devices, the tests may be conducted by an authorized representative of such city or county weights and measures department. Farmers or ranchers who own and operate a dispensing device used in private treaty transactions are exempt from the annual testing requirements.
(b) When tests or inspections are conducted pursuant to this section, a report showing the results of the tests or inspections shall be promptly furnished to the owner or operator. If the tests or inspections were not performed by the secretary, such reports shall also be sent to the secretary as required by rules and regulations adopted by the secretary and not later than 10 days after the test or inspection of such device has occurred.
(c) Subject to the provisions of K.S.A. 83-215, and amendments thereto, the owner or operator of a dispensing device that is found to be inaccurate at the time of testing shall immediately withdraw the device from further use until the necessary corrections, adjustments or repairs are made and the device is determined to be accurate by a service company, a city or county weights and measures department or the secretary. Dispensing devices that have been repaired or serviced shall meet the tolerances and specifications adopted by the secretary by rules and regulations. A service company or city or county shall notify the secretary of any devices that are found not to comply with such tolerances and specifications and those that are not able to be serviced or repaired so as to comply with such tolerances and specifications and report to the secretary within the time frames and in a manner established in rules and regulations adopted by the secretary of any dispensing device that has been installed, repaired, calibrated or fails to comply with the required tolerances and specifications.
(d) Each service company shall be required to keep at such company's corporate headquarters or at such company's resident agent's office a copy of all reports regarding the installation, repair, calibration and other work that the service company or the technical representatives employed by the service company performed on the commercial dispensing devices. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations. The owner or operator of a dispensing device shall also be required to retain copies of all reports regarding installation, repair or adjustment or any of the aforementioned done to the dispensing device at the site where the dispensing device is used. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations.
History: L. 1985, ch. 344, § 4; L. 1988, ch. 397, § 3; L. 1989, ch. 163, § 19; L. 1990, ch. 365, § 2; L. 1992, ch. 175, § 8; L. 1994, ch. 83, § 6; L. 1996, ch. 105, § 18; L. 2001, ch. 175, § 7; L. 2025, ch. 91, § 21; July 1.
When the secretary finds or is notified by a licensed service company or a city or county department of public inspection of weights and measures established pursuant to K.S.A. 83-210, and amendments thereto, that a dispensing device does not comply with tolerances and specifications adopted by the secretary, by rules and regulations, the secretary may test the dispensing device for accuracy after repairs have been made.
History: L. 1985, ch. 344, § 5; L. 1988, ch. 397, § 4; L. 1989, ch. 163, § 20; L. 1990, ch. 365, § 7; L. 1996, ch. 105, § 19; L. 2025, ch. 91, § 22; L. 2025, ch. 91, § 22; L. 2025, ch. 91, § 22; July 1.
History: L. 1985, ch. 344, § 6; L. 1988, ch. 397, § 5; L. 1989, ch. 163, § 21; Repealed, L. 1996, ch. 105, § 24; July 1.
Revisor's Note: Section was amended twice in the 1988 session, see also 83-407a.
History: L. 1985, ch. 344, § 7; L. 1988, ch. 397, § 6; L. 1990, ch. 366, § 2; L. 1996, ch. 105, § 20; L. 2010, ch. 60, § 12; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1985, ch. 344, § 7; L. 1988, ch. 356, § 354; Repealed, L. 1990, ch. 366, § 3; July 1.
History: L. 1985, ch. 344, § 8; Repealed, L. 1988, ch. 356, § 361; July 1, 1989.
History: L. 1985, ch. 344, § 9; L. 1988, ch. 397, § 7; L. 1989, ch. 163, § 11; L. 1990, ch. 365, § 8; L. 1996, ch. 105, § 21; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1985, ch. 344, § 10; L. 1996, ch. 105, § 22; Repealed, L. 2025, ch. 91, § 24; July 1.
History: L. 1996, ch. 105, § 23; Repealed, L. 2025, ch. 91, § 24; July 1.
(a) In addition to any other penalty provided by law, any person who violates any provision of this chapter may incur a civil penalty imposed under subsection (b) in the amount, fixed by rules and regulations of the secretary of agriculture, of not less than $100 nor more than $5,000 for each such violation, and in the case of a continuing violation, every day that such violation continues shall be deemed a separate violation.
(b) In determining the amount of the civil penalty, the following shall be taken into consideration: (1) The extent of harm caused by the violation; (2) the nature and persistence of the violation; (3) the length of time over which the violation occurs; (4) any corrective actions taken; and (5) any and all relevant circumstances.
(c) All civil penalties assessed shall be due and payable within 10 days after written notice of assessment is served on the person, unless a longer period of time is granted by the secretary. If a civil penalty is not paid within the applicable time period, the secretary may file a certified copy of the notice of assessment with the clerk of the district court in the county where the weighing and measuring device or dispensing device is located. The notice of assessment shall be enforced in the same manner as a judgment of the district court.
(d) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary to the person who committed the violation or to the person whose agent or employee committed the violation. Such order shall be subject to notice and a hearing in accordance with the provisions of the Kansas administrative procedure act.
(e) Any civil penalty recovered pursuant to the provisions of this section or recovered under the consumer protection act for violations of any provision of K.S.A. 83-219, and amendments thereto, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the weights and measures fee fund.
History: L. 1996, ch. 105, § 2; L. 2001, ch. 5, § 485; L. 2010, ch. 17, § 223; L. 2025, ch. 91, § 23; July 1.
History: L. 1996, ch. 146, § 1; L. 2001, ch. 5, § 486; L. 2010, ch. 17, § 224; Repealed, L. 2025, ch. 91, § 24; July 1.
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