65-688. Retail food stores and food processing plants; inspection fees; rules and regulations.
65-688
65-688. Retail food stores and food processingplants; inspection fees; rules and regulations.(a) As used in this section and K.S.A. 65-689, and amendmentsthereto:
(1) "Retail food store" means any establishment orsection of an establishment where food and food products are offered to theconsumer and intended for off-premises consumption. The term includesdelicatessens that offer prepared food in bulk quantities only. The term doesnot include roadside markets that offer only fresh fruits and vegetables forsale, foodservice establishments or food and beverage vending machines.
(2) "Food processing plant" means a commercial operation that manufactures,packages, labels or stores food for human consumption and does not provide fooddirectly to the consumer. "Food processing plant" shall not include anyoperationor individual beekeeper that produces or stores honeywho does not process or offer the honey for sale at retail.
(3) "Food" means a raw, cooked or processed edible substance, ice,beverage or ingredient used or intended for use or for sale in whole or in partfor human consumption or chewing gum.
(4) "Secretary" means the secretary ofagriculture.
(b) In order to reimburse the state of Kansas for inspectionsby the secretary of agriculture of retailfood stores and foodprocessing plants, the secretary ofagriculture shall adopt rulesand regulations establishing a graduated inspection fee schedule to cover allof the cost of inspectionof retail food stores and food processing plantswhich shall not exceed $200 percalendar year for each retail food store and food processing plant location.Whenever the secretary determinesthat the total amount of revenue derived from the fees collected pursuant tothis section are insufficient to carry out the purposes for which the fees arecollected, the secretary may amend such rules and regulations to increase theamount of the fee or fees, exceptthat the amount of any fee shall not exceed the maximum amount authorized bythis subsection. Whenever the amount of fees collected pursuant to thissubsection provides revenue in excess of the amount necessary to carry out thepurposes for which such fees are collected, it shall be the duty of thesecretary to decrease the amount of the feesprescribed for retail food stores or food processing plants by amending therules and regulations which fix the fees, as the case may be.
(c) All moneys received as fees under this section shall be remitted to thestate treasurer at least monthly. Upon receipt of each such remittance, thestate treasurer shall deposit the entire amount in the state treasury to thecredit of the food safety fee fund.
(d) The secretary of agriculture shalladopt rules and regulationsnecessary to carry out the provisions of this section including establishingminimum conditions necessary to operateand maintain a retail food store or a food processing plant in asafe and sanitary manner, and establishing enforcement provisionsnecessary to effect complete compliance with such standards.
History: L. 2001, ch. 203, § 2;L. 2002, ch. 91, § 16;L. 2004, ch. 147, § 6;L. 2008, ch. 48, § 6; July 1.