16-1701. Poultry production contracts; requirements; violations; remedies.

464 words·~2 min read·/ks/chapter-16/16-1701

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)As used in this section:

(1)"Contractor" means a person who owns poultry that is raised or cared for by a poultry producer;

(2)"poultry" means posthatched to finished live chickens or turkeys that are raised by a poultry producer for slaughter by another;

(3)"poultry producer" means any individual or group of individuals that raise or care for live poultry for slaughter by another under terms of a written production contract;

(4)"production contract" means any written agreement that provides for the raising and care of poultry by a poultry producer for a contractor; and

(5)"production" means to raise and care for poultry under the terms of a poultry production contract.

(b)Poultry production contracts shall:

(1)Be written in a readable form and shall be accompanied by a clearly written disclosure statement setting forth the nature of the material risks faced by the poultry producer if the poultry producer enters into such poultry production contract;

(2)be negotiated and entered into in an environment free from unfair or deceptive trade practices or other violations of law;

(3)not require disclosure of trade secrets and not be contrary to the uniform trade secrets act, K.S.A. 60-3320 et seq., and amendments thereto;

(4)not require poultry producers to reveal intellectual property rights nor disclose personal financial information or production practices;

(5)not prohibit nor discourage poultry producers from associating with other poultry producers to compare contract terms or address concerns or problems;

(6)not prohibit nor discourage poultry producers from seeking professional, legal, financial and agricultural production advice and counsel related to production contract terms, obligations and responsibilities;

(7)not allow a contractor to terminate any poultry production contract with a poultry producer that has complied with the provisions of the poultry production contract; and

(8)not deny poultry producers of the ability to address a dispute in the Kansas courts. The poultry production contract may contain a provision to have the option of submitting any dispute arising under a poultry production contract to arbitration.

(c)Any provision of a poultry production contract which violates the provisions of subsection

(b)is void and unenforceable. This subsection shall not affect other provisions of a poultry production contract, including a contract or related document, policy or agreement which can be given effect without the voided provision.

(d)A poultry producer who suffers damages because of a contractor's violation of the provisions of subsection

(b)may obtain appropriate legal and equitable relief, including, but not limited to, injunctive relief and punitive damages, as provided in K.S.A. 60-3702 , and amendments thereto. In such a civil action against the contractor, the court may award the poultry producer who is the prevailing party, reasonable attorney fees and other litigation expenses.