21-3756. Adding dockage or foreign material to grain; application of section. - Kansas Statutes

21-3756

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY

      21-3756.   Adding dockage or foreign material to grain;application of section.(a) Adding dockage or foreign material to grain is knowingly:

      (1)   Adding dockage or foreign material to any grain which isintended to be marketed; or

      (2)   recombining any dockage or foreign material once removedfrom grain with any grain which is intended to be marketed.

      (b)   Nothing in subsection (a) shall be construed toprohibit:

      (1)   The treatment of grain to control insects, dust or fungiinjuriousto stored grain;

      (2)   the blending of grain with similar grain of a differentquality toadjust the quality of a resulting mixture;

      (3)   the marketing of dockage or foreign materials removed fromgrainif such dockage or foreign material is marketed separately;

      (4)   the recombination of broken corn or broken kernels asdefined by theadministrator of the federal grain inspection service under the federalgrain quality improvement act of 1986 with grain of the type from which thebroken corn or broken kernels were derived; or

      (5)   other practices as may be authorized by the United Statessecretaryof agriculture, as of July 1, 1987, under the federal grain qualityimprovement act of 1986.

      (c)   As used in this section, "foreign material" means dirt,rock, sand,sticks or manure, or any combination of such material defined as foreignmaterial by theUnited States secretary of agriculture, as of July 1, 1987, under thefederal grain quality improvement act of 1986.

      (d)   As used in this section, "dockage" means the same as providedby the United States secretary of agriculture, as of July 1, 1987, underthe federal grain quality improvement act of 1986.

      (e)   Adding dockage or foreign material to grain is a severity level 9, nonperson felony.

      (f)   This section shall be part of and supplemental to the Kansascriminalcode.

      History:   L. 1987, ch. 146, § 2;L. 1992, ch. 239, § 143;L. 1993, ch. 291, § 94; July 1.