CHAPTER 203 SENATE BILL No. 100 An Act concerning inspection of certain food service premises; relating to food processing
plants and retail food stores; authorizing the secretary of health and environment to fix,
charge and collect certain fees; amending K.S.A. 36-503 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 36-503 is hereby amended to read as follows: 36-
503. (a) It shall be unlawful for any person to engage in the business of
conducting a food service establishment unless such person shall have in
effect a valid license therefor issued by the secretary of health and envi-
ronment, except that any food service establishment providing only a de-
vice for the convenience and operation by a customer for the purpose of
heating prepackaged food with no provision for consumption of food on
the premises, or any food service establishment licensed by the secretary
pursuant to any other law and maintained in connection with any premises
licensed by the secretary pursuant to any other law shall not be required
to obtain a license under this section, nor shall any person engaged only
in the serving of food on railway dining cars or in the occasional sale or
serving of food be required to obtain a license hereunder. For the purpose
of this section, the sale or serving of food in the same location less than
seven days in any calendar year shall be construed as the occasional sale
or serving of food. Nothing in this act shall prevent the secretary of health
and environment from inspecting any food service establishment when a
complaint against such food service establishment is transmitted to the
secretary of health and environment or any authorized agent thereof ex-
cept that no provision of this act shall be construed to authorize the
secretary of health and environment to inspect or cause to be inspected
under the provisions of this act any food service establishment licensed
by the secretary of health and environment pursuant to any other law or
maintained in connection with any premises licensed by the secretary
pursuant to any other law which food service establishment is not re-
quired to obtain a license under this section.

      (b) Applications for such licenses shall be made on forms prescribed
by the secretary, and each such application shall be accompanied by an
application fee and by a license fee, each of which shall be established in
an amount fixed by rules and regulations adopted by the secretary of
health and environment. Application fees may be adjusted in accordance
with the type of establishment or based on other criteria as determined
by the secretary, but in no event shall any application fee exceed $100
$200. Such license fee shall not exceed $100 $200 and shall be fixed in
an amount which, together with the application fee, is sufficient to defray
the cost of administering the food service establishment inspection and
licensure activities of the secretary. Prior to the issuance of any such
license, the secretary shall inspect or cause to be inspected the food serv-
ice establishment designated in the application, to determine that it com-
plies with the standards for food service establishments promulgated pur-
suant to this act. If such food service establishment is found to be in
compliance, the secretary shall issue the license. If the application for
license is denied, the secretary shall give written notice thereof to the
applicant, stating also that the applicant is entitled to a hearing thereon
if a written request therefor is filed with the secretary within 20 days of
the date such notice is sent. Such hearing shall be held in accordance
with the provisions of the Kansas administrative procedure act.

      (c) Every license issued hereunder shall be displayed conspicuously
in the food service establishment for which it is issued, and no such license
shall be transferable to any other person or location. Whenever any such
license is lost, destroyed or mutilated, a duplicate license shall be issued
to any otherwise qualified licensee upon application therefor and the pay-
ment of a fee in the amount of $3.

      (d) Any person who, on the effective date of this act, has a valid
license to operate a restaurant shall be a licensee under the provisions of
this act, and any such license is hereby deemed to be a license to operate
a food service establishment issued under the provisions of this act.

      (e) A premises where prepackaged individual meals are distributed
to persons eligible under the federal older Americans act shall not pay
any fee prescribed under subsection (b).

      New Sec.  2. (a) As used in sections 2 through 4, and amendments
thereto:

      (1) ``Retail food store'' means any establishment or section of an es-
tablishment where food and food products are offered to the consumer
and intended for off-premises consumption. The term includes delica-
tessens that offer prepared food in bulk quantities only. The term does
not include roadside markets that offer only fresh fruits and vegetables
for sale, food service establishments or food and beverage vending ma-
chines.

      (2) ``Food processing plant'' means a commercial operation that man-
ufactures, packages, labels or stores food for human consumption and
does not provide food directly to the consumer.

      (3) ``Secretary'' means the secretary of health and environment.

      (b) In order to reimburse the state of Kansas for inspections by the
secretary of health and environment of retail food stores and food proc-
essing plants, the secretary of health and environment shall adopt rules
and regulations establishing a graduated inspection fee schedule to cover
all of the cost of inspection of retail food stores and food processing plants
which shall not exceed $200 per calendar year for each retail food store
and food processing plant location. Whenever the secretary determines
that the total amount of revenue derived from the fees collected pursuant
to this section are insufficient to carry out the purposes for which the fees
are collected, the secretary may amend such rules and regulations to
increase the amount of the fee or fees, except that the amount of any fee
shall not exceed the maximum amount authorized by this subsection.
Whenever the amount of fees collected pursuant to this subsection pro-
vides revenue in excess of the amount necessary to carry out the purposes
for which such fees are collected, it shall be the duty of the secretary to
decrease the amount of the fees prescribed for retail food stores or food
processing plants by amending the rules and regulations which fix the
fees, as the case may be.

      (c) All moneys received as fees under this section shall be remitted
to the state treasurer at least monthly. Upon receipt of each such remit-
tance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the food inspection fee fund.

      (d) The secretary of health and environment shall adopt rules and
regulations necessary to carry out the provisions of this section.

      New Sec.  3. (a) It shall be unlawful for any person to engage in the
business of conducting a retail food store or food processing plant unless
such person shall have in effect a valid license therefor issued by the
secretary. For the purpose of this section, the sale of food in the same
location less than seven days in any calendar year shall be construed as
the occasional sale of food. Nothing in this act shall prevent the secretary
from inspecting any retail food store or food processing plant when a
complaint against such retail food store or food processing plant is trans-
mitted to the secretary or any authorized agent thereof.

      (b) Applications for such licenses shall be made on forms prescribed
by the secretary, and each such application shall be accompanied by an
application fee and by a license fee. Application fees may be adjusted in
accordance with the type of retail food store or food processing plant or
based on other criteria as determined by the secretary. Such license fee
shall be fixed in an amount which, together with the application fee, is
sufficient to defray the cost of administering the retail food store and food
processing plant inspection and licensure activities of the secretary. Prior
to the issuance of any such license, the secretary shall inspect or cause to
be inspected the retail food store or food processing plant designated in
the application, to determine that it complies with rules and regulations
adopted pursuant to subsection (d) of section 3, and amendments thereto.
If the retail food store or food processing plant is found to be in compli-
ance, the secretary shall issue the license. If the application for license is
denied, the secretary shall give written notice thereof to the applicant,
stating also that the applicant is entitled to a hearing thereon if a written
request therefor is filed with the secretary within 20 days of the date such
notice is sent. Such hearing shall be held in accordance with the provisions
of the Kansas administrative procedure act.

      (c) Every license issued hereunder shall be displayed conspicuously
in the retail food store or food processing plant for which it is issued, and
no such license shall be transferable to any other person or location.
Whenever any such license is lost, destroyed or mutilated, a duplicate
license shall be issued to any otherwise qualified licensee upon application
therefor and the payment of a fee in the amount of $3.

 Sec.  4. K.S.A. 36-503 is hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 22, 2001.
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