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 9  AN ACT concerning meat and poultry; relating to a weekly inspection of
10    slaughter and packing facilities; amending K.S.A. 65-6a20, 65-6a21, 65-
11    6a23, 65-6a24, 65-6a26 and 65-6a30 and repealing the existing
12    sections.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 65-6a20 is hereby amended to read as follows: 65-
16  6a20. For the purpose of preventing the use in intrastate commerce, as
17  hereinafter provided, of meat and meat food products and poultry and
18  poultry products which are adulterated, the secretary shall cause to be
19  made, by inspectors appointed for that purpose, an a weekly examination
20  and inspection of all livestock, domestic rabbits and poultry before they
21  shall be allowed to enter into any slaughtering, packing, canning slaughter
22  facilities, packing plants, packing houses, processing facilities or similar
23  establishment establishments in this state in which slaughtering and prep-
24  aration of meat or meat food products or poultry and poultry products of
25  such animals are conducted for intrastate commerce. All livestock, do-
26  mestic rabbits and poultry found on such inspection to show symptoms
27  of disease shall be set apart and slaughtered separately from all other
28  livestock, domestic rabbits and poultry and when so slaughtered, the car-
29  casses of such livestock, domestic rabbits or poultry shall be subject to a
30  careful examination and inspection as provided by the rules and regula-
31  tions adopted by the state board of agriculture.
32    Sec. 2.  K.S.A. 65-6a21 is hereby amended to read as follows: 65-
33  6a21. For the purposes of the Kansas meat and poultry inspection act,
34  the secretary shall cause to be made, by inspectors appointed therefor, a
35  weekly post-mortem examination and inspection of the randomly selected
36  carcasses and parts thereof of all livestock, domestic rabbits and poultry
37  which are capable of use as human food and which are to be being pre-
38  pared at any slaughtering, canning, salting, packing or similar establish-
39  ment in this state in which such articles are prepared for intrastate com-
40  merce. The carcasses and parts thereof of all such animals found to be
41  not adulterated shall be marked, stamped, tagged or labeled as ``inspected
42  and passed.'' The inspectors shall label, mark, stamp or tag as ``inspected
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 1  and condemned'' all carcasses and parts thereof of animals found to be
 2  adulterated. All carcasses and parts thereof thus inspected and con-
 3  demned shall be destroyed for food purposes by the establishment in the
 4  presence of an inspector, and the secretary may remove inspectors from
 5  any such establishment which fails to so destroy any such condemned
 6  carcass or part thereof. After the first inspection and when they deem it
 7  necessary, the inspectors shall reinspect such carcasses or parts thereof
 8  to determine whether since the first inspection such carcasses or parts
 9  thereof have become adulterated. If any carcass or any part thereof, upon
10  examination and inspection subsequent to the first examination and in-
11  spection, is found to be adulterated, it shall be destroyed for food pur-
12  poses by the establishment in the presence of an inspector. The secretary
13  may remove inspectors from any establishment which fails to so destroy
14  any such condemned carcass or part thereof.
15    Sec. 3.  K.S.A. 65-6a23 is hereby amended to read as follows: 65-
16  6a23. For the purposes hereinbefore set forth the secretary shall cause
17  to be made by inspectors appointed for that purpose an examination and
18  inspection of all randomly selected meat food products and poultry prod-
19  ucts prepared in any slaughtering, canning, salting, packing or similar
20  establishment, where such articles are prepared for intrastate commerce,
21  and for the purposes of any examination and inspection said inspectors
22  shall, upon showing proper credentials, have free ingress and egress into
23  any part of any establishment regulated by this act; and said inspectors
24  shall mark, stamp, tag or label as ``Kansas inspected and passed'' all such
25  products found to be not adulterated; and said. The inspectors shall label,
26  mark, stamp or tag as ``Kansas inspected and condemned'' all such prod-
27  ucts found adulterated, and all such condemned meat food products and
28  poultry products shall be destroyed for food purposes, as hereinbefore
29  provided, and the secretary may remove inspectors from any establish-
30  ment which fails to so destroy such condemned meat food products and
31  poultry products.
32    Sec. 4.  K.S.A. 65-6a24 is hereby amended to read as follows: 65-
33  6a24. (a) When any meat, meat food product, poultry or poultry product
34  prepared for intrastate commerce which has not been inspected as here-
35  inbefore provided and marked ``Kansas inspected and passed condemned''
36  shall be placed or packed in any can, pot, tin, canvas or other receptacle
37  or covering in any establishment where inspection under the provisions
38  of this act is maintained, the person preparing the product shall cause a
39  label to be attached to a can, pot, tin, canvas or other receptacle or cov-
40  ering, under supervision of an inspector, which label shall state that the
41  contents thereof have been ``Kansas inspected and passed'' under the
42  provisions of this act, and no inspection or examination of meat, meat
43  food products, poultry or poultry products deposited or inclosed in cans,
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 1  tins, pots, canvas or other receptacle or covering in any establishment
 2  where inspection under the provisions of this act is maintained shall be
 3  deemed to be complete until such meat, meat food products, poultry or
 4  poultry products have been sealed or inclosed in the can, tin, pot, canvas
 5  or other receptacle or covering under the supervision of an inspector.
 6    (b)  All carcasses, parts of carcasses, meat and meat food products,
 7  poultry and poultry products, inspected at any establishment under the
 8  authority of this act and found to be not adulterated, shall at the time
 9  they leave the establishment bear, in distinctly legible form, directly
10  thereon or on their containers, as the secretary may require, the infor-
11  mation required under subsection (m) of K.S.A. 65-6a18 and amend-
12  ments thereto.
13    (c)  The secretary, whenever the secretary determines such action is
14  necessary for the protection of the public, may prescribe: (1) The style
15  and sizes of type to be used with respect to material required to be in-
16  corporated in labeling to avoid false or misleading labeling of any meat
17  or meat products, poultry or poultry products; or (2) definitions and stan-
18  dards of identity or composition for articles subject to this act and stan-
19  dards of fill of container for such articles shall be adopted by the state
20  board of agriculture in the manner provided by law.
21    (d)  No article subject to this act shall be sold or offered for sale by
22  any person in intrastate commerce, under any name or other marking or
23  labeling which is false or misleading, or in any container of a misleading
24  form or size, but established trade names and other marking and labeling
25  and containers which are not false or misleading and which are approved
26  by the secretary, are permitted.
27    (e)  If the secretary has reason to believe that any marking or labeling
28  or the size or form of any container in use or proposed for use with respect
29  to any article subject to this act is false or misleading in any particular,
30  the secretary may order that such use be withheld unless the marking,
31  labeling or container is modified in such manner as the secretary pre-
32  scribes so that it will not be false or misleading. If the person using or
33  proposing to use the marking, labeling or container does not accept the
34  determination of the secretary, such person may request a hearing, but
35  the use of the marking, labeling or container shall, if the secretary so
36  directs, be withheld pending hearing and final determination by the sec-
37  retary. Hearings under this subsection shall be conducted in accordance
38  with the provisions of the Kansas administrative procedure act.
39    (f)  Any action of the secretary pursuant to this section is subject to
40  review in accordance with the act for judicial review and civil enforcement
41  of agency actions.
42    Sec. 5.  K.S.A. 65-6a26 is hereby amended to read as follows: 65-
43  6a26. The secretary shall cause an examination and inspection of all ran-
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 1  domly selected livestock, domestic rabbits and poultry, and the food prod-
 2  ucts thereof, which are slaughtered and prepared in the establishments
 3  hereinbefore described for the purposes of intrastate commerce, to be
 4  made during the nighttime as well as during the daytime when such
 5  slaughtering or the preparation of such food products is conducted during
 6  the nighttime. The state board of agriculture shall by rule and regulation
 7  establish a schedule of fees to be charged against establishments for in-
 8  spections made other than during regularly scheduled inspection periods
 9  and for all costs incurred in paying overtime to inspectors required for
10  the inspection of such establishments.
11    Sec. 6.  K.S.A. 65-6a30 is hereby amended to read as follows: 65-
12  6a30. (a) There shall be established by the state board of agriculture a
13  meat and poultry inspection program to enforce the provisions of the
14  Kansas meat and poultry inspection act. The program shall be under the
15  supervision of the state board of agriculture and the secretary of agricul-
16  ture and the secretary shall appoint such personnel as may be necessary
17  for the proper administration of the Kansas meat and poultry inspection
18  act.
19    (b)  The state board of agriculture secretary shall make provision for
20  the examination and inspection of all randomly selected livestock, do-
21  mestic rabbits and poultry, as provided for under the Kansas meat and
22  poultry inspection act, and of all randomly selected carcasses and parts
23  thereof, of all meats and meat food products thereof, of all randomly
24  selected poultry and poultry products thereof and of the sanitary condi-
25  tions of all establishments in which such carcasses, parts of carcasses and
26  products are prepared. Authorized representatives of the secretary shall
27  refuse to stamp, mark, tag or label any carcass or any part thereof or any
28  meat food product therefrom which is prepared in any establishment until
29  the carcass or part thereof or meat food product has actually been in-
30  spected and found to be not adulterated.
31    (c)  The authorized representatives of the secretary shall perform such
32  other duties as are provided by this act and by the rules and regulations
33  adopted by the state board secretary of agriculture. The state board sec-
34  retary of agriculture shall adopt and amend from time to time such rules
35  and regulations as are necessary for the efficient execution of the provi-
36  sions of this act. All inspections and examinations made under this act
37  shall be made in the manner described in the rules and regulations
38  adopted by the state board secretary of agriculture and shall not be in-
39  consistent with the provisions of this act.
40    Sec. 7.  K.S.A. 65-6a20, 65-6a21, 65-6a23, 65-6a24, 65-6a26 and 65-
41  6a30 are hereby repealed.
42    Sec. 8.  This act shall take effect and be in force from and after its
43  publication in the statute book.
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