Session of 2000
SENATE BILL No. 661
By Committee on Ways and Means
3-14
10 AN ACT
concerning inspection of food processing plants and retail food
11 stores; authorizing
the secretary of health and environment to fix,
12 charge and collect
certain fees.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. (a) As used in this act:
16 (1) ``Retail food
store'' means any establishment or section of an es-
17 tablishment where food and food products
are offered to the consumer
18 and intended for off-premises consumption.
The term includes delica-
19 tessens that offer prepared food in bulk
quantities only. The term does
20 not include roadside markets that offer
only fresh fruits and vegetables
21 for sale, food service establishments or
food and beverage vending
22 machines.
23 (2) ``Food
processing plant'' means a commercial operation that man-
24 ufactures, packages, labels or stores food
for human consumption and
25 does not provide food directly to the
consumer.
26 (3) ``Secretary''
means the secretary of health and environment.
27 (b) In order to
reimburse the state of Kansas for inspections by the
28 secretary of health and environment of
retail food stores and food proc-
29 essing plants, the secretary of health and
environment shall adopt rules
30 and regulations fixing an inspection fee to
cover all of the cost of inspec-
31 tion of retail food stores and food
processing plants which shall not exceed
32 $200 per calendar year for each retail food
store and food processing
33 plant location plus a fee not to exceed $50
for each separate and distinct
34 food preparation area within the retail
food store or food processing plant
35 location other than the first such area.
Whenever the secretary deter-
36 mines that the total amount of revenue
derived from the fees collected
37 pursuant to this section are insufficient
to carry out the purposes for which
38 the fees are collected, the secretary may
amend such rules and regulations
39 to increase the amount of the fee or fees,
except that the amount of any
40 fee shall not exceed the maximum amount
authorized by this subsection.
41 Whenever the amount of fees collected
pursuant to this subsection pro-
42 vides revenue in excess of the amount
necessary to carry out the purposes
43 for which such fees are collected, it shall
be the duty of the secretary to
2
1 decrease the amount of the fees
prescribed for retail food stores or food
2 processing plants by amending the
rules and regulations which fix the
3 fees, as the case may be.
4 (c) All
moneys received as fees under this section shall be remitted
5 to the state treasurer at least
monthly. Upon receipt of each such remit-
6 tance, the state treasurer shall
deposit the entire amount in the state
7 treasury to the credit of the food
inspection fee fund.
8 (d) The
secretary of health and environment shall adopt rules and
9 regulations necessary to carry out
the provisions of this section.
10 Sec. 2. (a)
It shall be unlawful for any person to engage in the busi-
11 ness of conducting a retail food store or
food processing plant unless such
12 person shall have in effect a valid license
therefor issued by the secretary.
13 For the purpose of this section, the sale
of food in the same location less
14 than seven days in any calendar year shall
be construed as the occasional
15 sale of food. Nothing in this act shall
prevent the secretary from inspecting
16 any retail food store or food processing
plant when a complaint against
17 such retail food store or food processing
plant is transmitted to the sec-
18 retary or any authorized agent thereof.
19 (b) Applications
for such licenses shall be made on forms prescribed
20 by the secretary, and each such application
shall be accompanied by an
21 application fee and by a license fee.
Application fees may be adjusted in
22 accordance with the type of retail food
store or food processing plant or
23 based on other criteria as determined by
the secretary. Such license fee
24 shall be fixed in an amount which, together
with the application fee, is
25 sufficient to defray the cost of
administering the retail food store and food
26 processing plant inspection and licensure
activities of the secretary. Prior
27 to the issuance of any such license, the
secretary shall inspect or cause to
28 be inspected the retail food store or food
processing plant designated in
29 the application, to determine that it
complies with rules and regulations
30 adopted pursuant to subsection (d) of
section 1, and amendments thereto.
31 If the retail food store or food processing
plant is found to be in compli-
32 ance, the secretary shall issue the
license. If the application for license is
33 denied, the secretary shall give written
notice thereof to the applicant,
34 stating also that the applicant is entitled
to a hearing thereon if a written
35 request therefor is filed with the
secretary within 20 days of the date such
36 notice is sent. Such hearing shall be held
in accordance with the provisions
37 of the Kansas administrative procedure
act.
38 (c) Every license
issued hereunder shall be displayed conspicuously
39 in the retail food store or food processing
plant for which it is issued, and
40 no such license shall be transferable to
any other person or location.
41 Whenever any such license is lost,
destroyed or mutilated, a duplicate
42 license shall be issued to any otherwise
qualified licensee upon application
43 therefor and the payment of a fee in the
amount of $3.
3
1 Sec.
3. The secretary shall inspect or cause to be inspected, at
least
2 once annually, every retail food
store and food processing plant in this
3 state. For such inspections the
secretary or the secretary's lawful agent
4 shall have the right of entry and
access thereto, at any reasonable time.
5 Whenever, upon inspection, it shall
be determined that any retail food
6 store or food processing plant does
not comply with the rules and regu-
7 lations of the secretary adopted
pursuant to subsection (d) of section 1,
8 and amendments thereto, it shall be
the duty of the secretary to give
9 written notice to the owner,
proprietor or agent in charge of such retail
10 food store or food processing plant of the
changes or alterations necessary
11 to effect a complete compliance with such
rules and regulations. Such
12 notice shall provide that the retail food
store or food processing plant
13 shall be brought into compliance with the
applicable standards within a
14 period of time specified in the notice,
which shall be not less than 10
15 days, except that a shorter period of time
for compliance may be provided
16 in the notice whenever the secretary
believes it essential to protect the
17 public health and safety. Such notice also
shall state that if compliance
18 with the applicable standards is not
effected within the time prescribed,
19 the license for such retail food store or
food processing plant shall be
20 subject to suspension or revocation. The
licensee of any retail food store
21 or food processing plant, for which a
notice of noncompliance is given
22 pursuant to this section, may apply to the
secretary for an extension of
23 the time prescribed in the notice for
compliance with the applicable rules
24 and regulations. Upon review of any such
application, the secretary may
25 grant or deny such application or modify
the provisions of any such notice
26 with respect to the time for compliance
with any of the particulars stated
27 therein. Upon reinspection of any retail
food store or food processing
28 plant for which a notice of noncompliance
has been issued pursuant to
29 this section, if such retail food store or
food processing plant is found to
30 be in noncompliance with the rules and
regulations adopted by the sec-
31 retary pursuant to subsection (d) of
section 1, and amendments thereto,
32 the secretary may determine to suspend or
revoke the license issued for
33 such retail food store or food processing
plant. In such event, the secretary
34 shall send written notice to the licensee
that the license for such retail
35 food store or food processing plant will be
suspended or revoked, effective
36 20 days after the date such notice is sent,
unless within such time the
37 licensee files with the secretary a written
request for a hearing on the
38 proposed suspension or revocation. All
hearings pursuant to this section
39 shall be conducted in accordance with the
provisions of the Kansas ad-
40 ministrative procedure act.
41 Sec. 4. This act shall
take effect and be in force from and after its
42 publication in the statute book.