2009 Wheat Harvest Bittersweet
by Secretary of Agriculture Adrian Polansky

Secretary Adrian Polansky and Governor Mark   Parkinson visit with Mike Brown who grows   wheat near Colby.

On Monday, I had the honor and pleasure of accompanying Governor Mark Parkinson to Colby to join Mike Brown and his family as they were wrapping up wheat harvest.  

The trip was bittersweet for me.  It was the governor’s first wheat harvest since taking office in April, and it probably was my last appearance with the governor while serving as secretary of agriculture.  

Last week, the Obama administration announced my selection to lead the Kansas Farm Service Agency.  It’s a familiar job—I held it from 1993 to 2001—so I’m looking forward to returning to known territory, but I’m going to deeply miss serving as secretary of agriculture.

Governor Kathleen Sebelius appointed me secretary in 2003, and I have relished every moment serving our fine state and the farmers and ranchers who make a living here.  It’s been a great honor to represent agriculture and rural community interests in state and national policy discussions, just as it will be an honor to return to the Farm Service Agency, where I can put federal farm policy and programs into practice.

I’ve also deeply enjoyed leading the Kansas Department of Agriculture these last six years.  We have a well-earned reputation for efficient, effective programs that I often get credited for, although I know it’s due to many hardworking, dedicated employees who are passionate about making the agency the best it can be.  It’s been a successful team effort, and I appreciate everyone who has helped.

I’m also glad for the many opportunities I’ve had to meet folks like Mike Brown and his family who are involved in agriculture.  As secretary, I’ve had the opportunity to travel to every corner of the state to meet people who make it their job to feed families all across America and, indeed, around the world.  I’ve never been disappointed in the gracious hospitality you’ve shown me, and I appreciate it.

I didn’t plan for my first column in our department’s new, quarterly electronic newsletter to be a farewell message, but that’s what it’s turned out to be.  Again, my thanks to everyone who has made my years of service as secretary of agriculture a heartwarming and enriching experience.

Tanner Brown and Governor Mark Parkinson exit the combine cab after harvesting some wheat on the Brown farm near Colby.

A Close Look at a Pesticide Complaint Investigation
by Lindsey Douglas

One recent Sunday we received a complaint of pesticide drift in northeast Kansas.  The complaint was assigned to Duane Simon, the investigator who works in that area.  I went with him as he conducted his investigation the following Wednesday. 

We met with the complainant during his lunch break at a Topeka business to fill out paperwork and to get his statement.  Since he was not going to the property with us, he gave us directions to where he alleged the pesticide drift occurred.  

Simon explained to me that an investigator must be unbiased and be focused on facts and evidence that support them. He said it can be very challenging, regardless of how clear the case seems to be to the complainant or the respondent, because there must be evidence to prove the law was violated. 

When we arrived at the complainant’s property, I quickly learned how difficult it was to investigate a complaint and to follow required sampling procedures. 

Investigator Duane Simon collects vegetation samples to test for pesticide residue.

Simon labels and seals sample containers according to protocol.

Simon documents area where he collected samples.

State weed specialist Jeff Vogel walks through a wheat field looking for noxious weeds.

Vogel takes a closer look at a weed he found.

Vogel finalizes a preliminary inspection report from the cab of his truck.

• Before you open that package of bratwurst, form your first hamburger patty, or season that chicken, wash your hands. Washing your hands is the number one way to prevent a foodborne illness.

• Keep your meat species separate. This tip should be followed starting at the grocery store all the way through serving your meal.

• If you are grilling different species of meat, have utensils ready for each species. Using the same utensil for the hamburgers as the chicken is a very bad idea. This can cross-contaminate your food. Also, keep meats separate on the grill.

• Take temperatures of your meats before serving. You cannot tell if your meat is done by touch or color. You must use a thermometer to verify your meat is properly cooked.

• If you are grilling vegetables at the same time, have a defined set of utensils for the non-meat items. These should also be kept separate and/or above the meats.

• Keep hot foods hot (at or above 135 degrees) and cold foods cold (at or below 40 degrees). The temperature between 40 degrees and 135 degrees is the temperature danger zone. 

• Foods that fall inside the temperature danger zone for more than four hours supports the growth of harmful bacteria.

• Foods that are not consumed or brought back to the proper temperature within those four hours should be discarded.

• Do not use the same serving spoon for multiple dishes. Each food should have its own spoon or fork for serving.

• Unused food should be cooled properly or discarded.

• Always remember, if in doubt, throw it out.

• Always wash food from your garden before eating it.

• Prevent your or your neighbor’s pets from being in your garden. You may think that if an animal poops in your garden that it will be a natural fertilizer, but those animals also carry E coli in their feces. That can be transferred to your food. In some instances, it cannot be washed off.

• Amends the definition of “water right” by striking the word “voluntary” to make it clear that a water right passes in connection with a conveyance of land in either voluntary or involuntary situations.  The bill also clarifies that no person would be able to acquire a new water appropriation right without obtaining a water right through the chief engineer. Current law speaks to the acquisition of a water right, not a “new” water right. Since existing water rights pass with the conveyance of land when sold or transferred, the only time a right is granted from the chief engineer is for a “new” water appropriation right.

• Amends a section dealing with a person seeking to acquire a new water appropriation right and requires, in addition to the other information required in current law, that the person provide to the chief engineer a sworn statement or evidence of legal access to or control of the point of diversion and place of use from the landowner, or his or her authorized representative.

• Restates and clarifies current law by stating that the date of priority of every water right and not the purpose determines the right to divert and use water when the supply is not sufficient to satisfy all water rights. The bill also clarifies that when the lawful uses of water have the same date of priority (e.g., nonadjudicated vested rights), the order of preference is domestic, municipal, irrigation, industrial, recreational, and water power uses.

• It permits in-state and out-of-state wineries to ship wine directly to consumers in Kansas after obtaining a special order shipping license and paying of a $50 fee to the Kansas Department of Revenue.  A license holder is prohibited from shipping more than 12 cases of wine to any one consumer in a calendar year.

• It allows a farm winery to sell wine produced and bottled at a bona fide farmers’ market located at a site approved by the Kansas Department of Revenue’s division of alcoholic beverage control.  The licensee is restricted to selling wine one day per week.

• It creates uniformity in enforcement actions across all facilities regulated by the food safety and lodging program.  These include the ability to issue temporary suspension and cease-and-desist orders, to suspend or revoke a license due to violating a law outside of a food safety standard, and the explicit authority to enter a facility to perform inspections.

• It authorizes the secretary to receive lodging inspection reports from qualified individuals, private entities, or public entities. The secretary also was given authority to promulgate the rules and regulations necessary to receive these inspection reports. 

• It exempts food service establishments from licensure by the Kansas Department of Agriculture if they are licensed, permitted, or registered by the Kansas Department of Health and Environment pursuant to any other law.

• It exempts from food establishment licensure requirements persons who prepare, serve, or sell food for the sole purpose of soliciting funds to be used for community projects, educational and youth activities, or humanitarian purposes, regardless of the frequency or number of times food service is offered.

• It creates a separate definition for a term permit.  Previously, term permits were lumped in with new application permits, and the department was required to charge a field inspection fee.  Since the field inspection fee relates to  issuing a certificate for a new or change application, it is not relevant to a term permit because  it does not result in a water right certificate.  This change in statute distinguishes term permits so they are not required to pay the field inspection fee.

• It eliminates the “discount” for change applications that request multiple types of change.  This is a more equitable fee system, as each type of change application costs the same, regardless of whether  it is grouped with other types of changes.  It also reflects the actual cost to the agency to process change applications.

• It reduces from $400 to $200 the fee charged for field inspections of watershed dams and industrial groundwater pits.

• It allows for a refund of an application fee after 180 days of receipt of a completed application as opposed to current 150 days.

• It leaves fee sunset language in place but changes the sunset date from June 30, 2010, to June 30, 2015. 

• The cumulative fiscal impact of these fee changes is a $5,000 annual increase.  This represents a less than 1 percent increase in total program fees.

• Request for market label. Adds language to allow the department to request a copy of the market label when necessary.

• Notification of change. Requires that the department be informed of a change to a product label.

• Confidentiality clause. Adds a confidentiality clause for information obtained during registration to protect business information for registrants.

• Registration denial. Allows the department to deny a registration if they do not comply with statutory requirements.

• Suspension or cancelation of registrations. Adds language that will automatically cancel or suspend registrations that are out of FIFRA compliance, in accordance with federal law. This provision will bring us into compliance with federal law by automatically canceling or suspending registrations that are out of FIFRA compliance.

• Electronic submission. Allows electronic submission of registration information.

• Dealer registration. Allows the department to take action for failure to comply and register as a dealer.

• Special local need exemption. Allows a registration fee exemption for the first year of special local need registration.

• Pesticide dealer civil penalty. Allows the department to impose civil penalties on pesticide dealers who violate the law and gives state authority to act on the violations, rather than referring them to EPA.

• Civil penalty for commercial applicator. Allows the department to impose civil penalties on certified commercial applicators.

• Suspension of pesticide business license. New language allows the department a quicker process to suspend a pesticide business license if the business fails to employ an individual who is certified in each category in which that business makes applications.

• Unlawful Acts. Clarifies unlawful acts associated with pesticide dealerships and allows the department to take action rather than having to refer the cases to EPA.

• Extend all sunset amounts from pesticide and fertilizer fees.   The bill extends the sunset dates from July 1, 2010, to July 1, 2015.

• Reciprocity fee. The bill requires a reciprocity fee of $75 per category for out-of-state applicators.

• Eliminates application fee and creates recertification-by-training fee. The bill eliminates the application fee. Those who renew their certification by training will pay a recertification-by-training fee of $50 to cover the cost of reviewing education and training programs.

• Examination fee. There will now be a $45 fee for each examination. There was confusion in the past about what fees were charged by test and what the total amount charged would be.

• Fee totals. In total, the fees were set at those amounts to be as close to budget neutral as possible.

• The bill extends the fee sunsets to July 1, 2015.

• The bill extends the sunset date on all dairy fees from 2010 to 2015.

• Transfers swine nutrient utilization plan review responsibility to the Kansas Department of Health and Environment.  Previously, the Kansas Department of Health and Environment reviewed and approve plans as part of KDHE’s larger swine waste permitting process.