(a) The secretary may, by order, make an emergency declaration of noxious weeds if:
- (1) A new and potentially harmful species of plant is discovered growing in the state and is verified by the secretary; or
- (2) the state is facing a potential influx of harmful species of plant as the result of a natural disaster.
- (b) Once a species of plant has been declared a noxious weed under this section, the secretary shall consider such species of plant noxious as provided in K.S.A. 2-1314, and amendments thereto, and take every action and use any means available to control or eradicate such noxious weed as authorized in this act.
- (c) The secretary shall not make an emergency declaration for the same species of plant more than once in a five-year period without the recommendation of the state advisory committee.
- (d) The emergency declaration of a noxious weed shall remain in effect for the earlier of 18 months, until action can be taken by the secretary to declare the species of plant a noxious weed by rules and regulations, or until the secretary rescinds the emergency declaration.
L. 2018, ch. 77, § 2; July 1.