reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6b - Amygdalin (laetrile) › 65-6b06 Amygdalin (laetrile); registration to manufacture; duties of secretary of health and environment; fees.

65-6b06.
Amygdalin (laetrile); registration to manufacture; duties of secretary of health and environment; fees.
(a) No person shall manufacture within this state amygdalin (laetrile) without first obtaining a registration from the secretary of health and environment permitting the registrant to manufacture such substance. This registration shall not constitute a representation that amygdalin (laetrile) has any therapeutic effect. The registration is effective for one year after the date of its issuance and may be renewed annually by the registrant subject to the provisions of this section.
(b) The secretary of health and environment shall: (1) Adopt rules and regulations which prescribe minimum standards for manufacturers in preparing, compounding, processing, packaging and labeling amygdalin (laetrile); (2) make periodic tests and inspections of both the facilities for manufacture and samples of amygdalin (laetrile) to ascertain the purity, quality and identity of the substance and to determine that the substance meets the standards prescribed under this subsection (b); and (3) adopt rules and regulations establishing registration and renewal fees for persons applying for registration or renewal of registration for the purpose of paying the costs of the inspections, testing and other functions required to administer the provisions of this section.
(c) Before acting upon an application for a registration or the renewal of a registration under this section, the secretary of health and environment shall collect the registration or renewal fee established under this section. A registration or renewal thereof shall not be issued unless such fees have been collected.
(d) The secretary of health and environment, after giving notice and holding a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke, suspend or refuse to renew the registration of any person who: (1) Fails to maintain the standards adopted by the secretary of health and environment under subsection (b); or (2) violates any rule and regulation adopted by the secretary of health and environment under this section.
History:
L. 1978, ch. 239, § 6; L. 1988, ch. 356, § 191; July 1, 1989.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6b - Amygdalin (laetrile) › 65-6b07 Same; permit to distribute at wholesale; duties of secretary of health and environment; fees; hearing.

65-6b07.
Same; permit to distribute at wholesale; duties of secretary of health and environment; fees; hearing.
(a) No person shall distribute at wholesale within this state amygdalin (laetrile) without first obtaining a permit from the secretary of health and environment authorizing the permit holder to distribute such substance at wholesale. The permit is effective for one year after the date of its issuance and may be renewed annually by the permit holder subject to the provisions of this section.
(b) The secretary of health and environment shall: (1) Adopt such rules and regulations with respect to permits issued under this section as may be necessary for the protection of the public health and safety; and (2) establish by rule and regulation permit and renewal fees for persons applying for a permit or renewal of a permit under this section for the purpose of paying for the costs involved in administering the provisions of this section.
(c) Before acting upon an application for a permit or the renewal of a permit under this section, the secretary of health and environment shall collect the permit or renewal fee established under this section. A permit or renewal thereof shall not be issued unless such fees have been collected.
(d) The secretary of health and environment, after giving notice and holding a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke, suspend or refuse to renew the permit of any person who violates any rule and regulation adopted by the secretary of health and environment under this section.
History:
L. 1978, ch. 239, § 7; L. 1982, ch. 258, § 6; L. 1988, ch. 356, § 192; July 1, 1989.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6b - Amygdalin (laetrile) › 65-6b08 Same; penalty for violations of act.

65-6b08.
Same; penalty for violations of act.
The following violations of this act shall constitute class B misdemeanors: (a) Manufacturing amygdalin (laetrile) without a currently effective registration to do so;
(b) distributing amygdalin (laetrile) at wholesale without a currently effective permit to do so; and
(c) selling, offering for sale or distributing amygdalin (laetrile) to the public, except by a physician, without a currently effective permit to do so; and
(d) selling, offering for sale or distributing amygdalin (laetrile) to the public without a valid prescription of a physician to do so.
History:
L. 1978, ch. 239, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6b - Amygdalin (laetrile) › 65-6b09 Same; permit to sell, offer for sale or distribute to public; duties of secretary of health and environment; fees; hearing.

65-6b09.
Same; permit to sell, offer for sale or distribute to public; duties of secretary of health and environment; fees; hearing.
(a) No person, other than a physician, shall sell, offer for sale or distribute to the public within this state amygdalin (laetrile) without first obtaining a permit from the secretary of health and environment authorizing the permit holder to sell, offer for sale and distribute such substance to the public. The permit is effective for one year after the date of its issuance and may be renewed annually by the permit holder subject to the provisions of this section.
(b) The secretary of health and environment shall: (1) Adopt such rules and regulations with respect to permits issued under this section as may be necessary for the protection of the public health and safety; (2) establish by rule and regulation permit and renewal fees to persons applying for a permit or renewal of a permit under this section for the purpose of paying for the costs involved in administering the provisions of this section; and (3) adopt rules and regulations setting the maximum reasonable price at which amygdalin (laetrile) may be sold and the maximum reasonable charges physicians may make in amygdalin (laetrile) related treatment.
(c) Before acting upon an application for a permit or the renewal of a permit under this section, the secretary of health and environment shall collect the permit or renewal fee established under this section. A permit or renewal thereof shall not be issued unless such fees have been collected.
(d) The secretary of health and environment, after giving notice and holding a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke, suspend or refuse to renew the permit of any person who violates any rule and regulation adopted by the secretary of health and environment under this section.
History:
L. 1978, ch. 239, § 9; L. 1982, ch. 258, § 7; L. 1988, ch. 356, § 193; July 1, 1989.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6b - Amygdalin (laetrile) › 65-6b10 Same; amygdalin (laetrile) enforcement fee fund.

65-6b10. Same; amygdalin (laetrile) enforcement fee fund.
The secretary of health and environment shall remit all moneys received by the secretary under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund, and the balance shall be credited to the amygdalin (laetrile) enforcement fee fund, which fund is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or a person or persons designated by the secretary.
History:
L. 1978, ch. 239, § 10; L. 2001, ch. 5, § 222; L. 2011, ch. 53, § 27; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6b - Amygdalin (laetrile) › 65-6b11 Same; records required.

65-6b11.
Same; records required.
A physician shall maintain records of his or her purchases and disposals of amygdalin (laetrile) to include, but not be limited to, the date of purchase, sale or disposal of such substance by the physician.
History:
L. 1978, ch. 239, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6b - Amygdalin (laetrile) › 65-6b12 Same; act not applicable to certain persons.

65-6b12.
Same; act not applicable to certain persons.
Nothing in this act shall be construed as applying to any person receiving amygdalin (laetrile) under an order of a court of the United States for his or her own personal use; nor shall anything in this act be construed as prohibiting any person from acquiring amygdalin (laetrile) from without the state and transporting amygdalin (laetrile) into the state for his or her own personal use.
History:
L. 1978, ch. 239, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-771a Milk standards; content requirements.

65-771a. Milk standards; content requirements.
(a) Except as provided in article 7 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and in rules and regulations adopted by the secretary hereunder, the secretary shall apply the definitions and standards of identity ascribed to milk and dairy products by the federal food and drug administration.
(b) Goat milk sold in retail packages shall contain not less than 2.5% milkfat and not less than 7.5% milk solids not fat. Goat milk shall be produced according to the sanitary standards of this act and may have been adjusted by separating part of the milkfat therefrom or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk or nonfat dry milk thereto. Goat milk may be homogenized.
(c) Milk that is not goat milk shall contain not less than 3.25% milkfat and not less than 8.25% milk solids not fat. Milk may have been adjusted by separating part of the milkfat therefrom or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk or nonfat dry milk thereto. Milk may be homogenized.
(d) Milk or cream for manufacturing purposes may contain less than 3.25% butterfat and shall be delivered pure, sweet and clean.
(e) Grade A pasteurized milk, grade A pasteurized milk products and grade A milk for pasteurization shall meet the requirements for grade A under the rules and regulations adopted pursuant to this act. The secretary may authorize the use of the grade A designation for a temporary time period on grade A pasteurized milk within the statewide system of milk inspection and regulatory services, even if such grade A pasteurized milk does not have at least a 90% survey rating.
History:
L. 2022, ch. 45, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-772 Secretary to adopt rules and regulations.

65-772.
Secretary to adopt rules and regulations.
(a) The secretary shall adopt such rules and regulations as are necessary to implement the provisions of this act, and shall be charged with the enforcement of this act and of any rules and regulations adopted hereunder.
(b) All rules and regulations of the Kansas department of agriculture or the secretary of the Kansas department of agriculture concerning milk, cream and dairy products in existence on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.
History:
L. 2001, ch. 32, § 2; L. 2004, ch. 101, § 172; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-773 Inspection and testing of milk products.

65-773.
Inspection and testing of milk products.
It shall be the duty of the secretary to:
(a) Establish a statewide system of milk inspection and regulatory services to insure, by means of uniform inspection and sampling procedures, that all milk and milk products sold in this state at retail to the final consumer, except on-farm retail sales of milk or milk products, shall attain the standard of grade A pasteurized. The secretary may contract with the governing body of any county or incorporated city, or both, for the provision of milk inspection and regulatory services, and compensation shall be made by the secretary for the furnishing of these services;
(b) inspect or cause to be inspected, as often as may be deemed practicable, all businesses licensed pursuant to this act and any other places where milk, milk products or dairy products are produced, manufactured, kept, handled, stored or sold within the state. The secretary may enter any business licensed under this act during regular business hours or any other hours during which business is in operation or any other place where any milk, milk products or dairy products are manufactured, produced, stored, sold or kept for sale or transportation, for the purpose of performing official duties under this act;
(c) prohibit the production and sale of adulterated or misbranded milk, milk products or dairy products;
(d) seize and condemn for food purposes all unclean, adulterated or misbranded milk, milk products or dairy products wherever such milk, milk products or dairy products may be found; and
(e) take or cause to be taken samples of milk, milk products or dairy products and cause the same to be analyzed or tested according to such methods as shall be prescribed by rules and regulations. Such test or analyses shall conform to methods of the association of official analytical chemists or any other such similar organization as determined by the secretary. Such analyses or tests shall be preserved and recorded as evidence, and the certificate of such test, when sworn to by the analyst, shall be admitted in evidence in all prosecutions that may result under the operation of this act.
History:
L. 2001, ch. 32, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-774 Powers of secretary.

65-774.
Powers of secretary.
The secretary may:
(a) Examine any books and records which are kept by any person who is subject to this act and which pertain to any milk, milk products or dairy products or any fees required to be paid pursuant to this act;
(b) examine under oath or otherwise, any person whom the secretary may believe has knowledge concerning the unlawful operation of any business required to be licensed under this act or any place where milk, milk products or dairy products are produced, bought, sold or stored contrary to the provisions of this act;
(c) issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports and records, and to administer oaths under this act;
(d) cooperate with, contract with, and receive funds from any governmental agency; and
(e) enter into reciprocal agreements with other states governing the inspection of milk, milk products and dairy products.
History:
L. 2001, ch. 32, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-775 Adoption of rules and regulations.

65-775.
Adoption of rules and regulations.
(a) The secretary may adopt rules and regulations:
(1) Establishing criteria for the sanitary production, processing, handling, sampling, examination, testing, grading and labeling of all milk, milk products and dairy products sold or produced in the state of Kansas;
(2) providing criteria for the inspection of dairy farms, dairy manufacturing plants, plants fabricating single service articles, milk or cream transfer stations, milk or cream receiving stations, milk haulers and milk distributors;
(3) establishing sanitation standards and equipment and utensil standards for dairy farms, dairy manufacturing plants, plants fabricating single service articles, transfer stations, receiving stations, milk haulers and milk distributors;
(4) establishing standards of identity for milk, milk products and dairy products. Such standards shall take into consideration corresponding federal standards of identity where such standards exist;
(5) prescribing for any person regulated under this act any bookkeeping or reporting requirements deemed necessary by the secretary, including the maintenance of records and making such records available to the secretary;
(6) regarding bacterial and coliform standards or other quality standards for milk, milk products, or dairy products; and
(7) establishing specifications for apparatus and chemicals and procedures for sampling, testing and weighing milk, cream, butter and any other milk products or dairy products. These specifications, directions and other technical requirements shall conform, insofar as practical, to the official methods of analysis of the association of official analytical chemists or any other such similar organization.
(b) Any rules and regulations promulgated under this act shall conform, insofar as practicable, to the pasteurized milk ordinance, and the policies adopted by the interstate milk shippers conference.
History:
L. 2001, ch. 32, § 5; L. 2002, ch. 181, § 16; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-776 Political subdivisions of state prohibited from performing further inspection or assessment of fees.

65-776.
Political subdivisions of state prohibited from performing further inspection or assessment of fees.
(a) All milk, milk products and dairy products which have been inspected in accordance with the provisions of this act, and any rules and regulations adopted thereunder, may be moved, distributed or sold, any place in this state, and any further inspection by any political subdivision of this state shall be prohibited. The duly authorized official of any political subdivision of this state may take samples of such products which have been moved into, distributed within or sold within, the boundaries of such political subdivision of this state, for the sole purpose of determining that such products meet the bacterial, butterfat, temperature and coliform standards prescribed in the rules and regulations adopted pursuant to this act. Nothing in this act shall be construed as prohibiting any epidemiological investigations by the proper authorities of any political subdivision.
(b) No political subdivision of this state shall be permitted to fix or impose any license fee, privilege or occupation tax or other charge against the production premises or the product or against any person as a prerequisite for the movement, distribution or sale of any milk, milk product or dairy products within the state or any political subdivisions thereof, and any sampling performed by any political subdivision in accordance with the provisions of subsection (a) or any testing or inspection of milk or milk products by any political subdivision for epidemiological purposes, shall be performed entirely at the expense of such political subdivision.
(c) The secretary or the secretary's authorized representative shall be notified of any sampling being performed by political subdivisions within the state under the provisions of this section.
History:
L. 2001, ch. 32, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-777 Secretary may perform tests and assess fees therefor.

65-777.
Secretary may perform tests and assess fees therefor.
(a) The secretary, through the department of agriculture's laboratory, may test any sample of milk, milk product or dairy product for bacteria or somatic cells or perform any other test required by this act or any rules and regulations promulgated under this act.
(b) The secretary is hereby authorized to establish by rules and regulations a schedule of fees for such tests performed by the laboratory.
History:
L. 2001, ch. 32, § 7; L. 2010, ch. 72, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-779 Permit to sell grade A pasteurized milk or milk products.

65-779.
Permit to sell grade A pasteurized milk or milk products.
(a) Any person who is required to pay or remit a fee under this act in order to sell, offer for sale, receive or distribute grade A raw milk for pasteurization, grade A pasteurized milk or grade A pasteurized milk products within this state shall first apply for and obtain a valid permit to do so from the secretary. Such permit shall be issued upon application to the secretary, and no fee shall be charged therefor.
(b) No permit issued under this section shall be transferable. No permit shall be renewed if any assessments or fees required under this act are delinquent.
History:
L. 2001, ch. 32, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-780 Loss of license; conditions therefor.

65-780.
Loss of license; conditions therefor.
The secretary may deny, suspend, revoke or modify or refuse to renew the provisions of any license or permit issued under this act if the secretary finds, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act that the applicant, licensee or permit holder or any agent or employee, thereof has:
(a) Been convicted of or pleaded guilty to a violation of this act or any rules and regulations promulgated thereunder;
(b) failed to comply with any provision or requirement of this act or any rules and regulations promulgated thereunder;
(c) interfered with the secretary in the performance of any job duties regarding any inspection or the administration of the provisions of this act;
(d) denied access to premises required to be inspected under the provisions of this act;
(e) failed to pay or remit any required fee or fees, or any part thereof; or
(f) failed to submit a required report, or submitted a false report.
Any such hearing shall be held by the secretary or a presiding officer from the office of administrative hearings.
History: L. 2001, ch. 32, § 10; L. 2004, ch. 145, § 22; L. 2010, ch. 60, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-780a Temporary suspension of license; reinstatement.

65-780a.
Temporary suspension of license; reinstatement.
(a) The secretary may suspend temporarily any license or permit issued under K.S.A. 65-778 and 65-779, and amendments thereto, without a hearing and subject to the notice requirements of the emergency adjudication procedures of the provisions of the Kansas administrative procedure act if the secretary finds all of the following:
(1) The licensee or permit holder failed to comply with any provision or requirement of K.S.A. 65-771 to 65-791, and amendments thereto, or any rules and regulations promulgated thereunder; and
(2) public health or safety is endangered as a result thereof.
(b) In no case shall a temporary suspension of a license or permit under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license or permit shall be reinstated unless the secretary has suspended or revoked the license or permit, after notice and opportunity for hearing, or the license or permit has expired.
(c) This section shall be a part of and supplemental to the provisions of K.S.A. 65-771 to 65-791, inclusive, and acts amendatory thereof or supplemental thereto.
History:
L. 2010, ch. 60, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-782 Fees deposited in state treasury; dairy fee fund established.

65-782.
Fees deposited in state treasury; dairy fee fund established.
(a) The secretary shall remit all moneys received under this act to the state treasurer at least monthly. Upon receipt of such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the dairy fee fund, which is hereby created, unless otherwise stated.
(b) All expenditures from the dairy fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
History:
L. 2001, ch. 32, § 12; L. 2002, ch. 181, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-783 Cleanliness of dairy equipment; use of approved water source.

65-783.
Cleanliness of dairy equipment; use of approved water source.
(a) Utensils, milk cans, milking machines, pipeline systems and other equipment used in the handling of milk and dairy products shall be:
(1) Maintained in good condition;
(2) free from rust, open seams, milk stone or any unsanitary condition;
(3) washed, rinsed and drained after each milking and stored in suitable facilities; and
(4) sanitized immediately before use as required by rules and regulations promulgated pursuant to this act.
(b) Any source of water supply used by a dairy farm shall be safe, clean and ample for the cleaning of dairy utensils and equipment as required by rules and regulations promulgated under this act. If the source of water used by a dairy farm is not a public water supply, then the source of water shall be properly constructed in an approved location as required by rules and regulations promulgated under this act. Whenever any source of water supply does not meet the required standards, the water supply shall be deemed unacceptable and the dairy farm or producer shall be removed from production until evidence that necessary corrections have been made is presented to the secretary and the secretary determines that the water supply standards have been met.
History:
L. 2001, ch. 32, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-784 On-farm production of butter and sales thereof not subject to act.

65-784.
On-farm production of butter and sales thereof not subject to act.
Nothing in this act pertaining to the manufacture of butter shall apply to farmers or producers of milk and cream when churning milk or cream produced on their own farm into what shall be known as dairy, country or farm butter or to prohibit such producers from making cheese out of milk and cream which are produced on their own farm, when such product is to be used as on-farm retail sales of milk or milk products.
History:
L. 2001, ch. 32, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-785 Secretary may issue stop sale or stop use order.

65-785.
Secretary may issue stop sale or stop use order.
(a) The secretary may issue and enforce a written or printed stop sale or stop use order to the owner or custodian of any quantity of milk, milk products or dairy products or any equipment used in the storage, handling, production or packaging of milk, milk products or dairy products which the secretary determines to be in violation of any provisions of this act or any rules or regulations adopted hereunder. The order shall prohibit the further sale, processing, movement, and use of such equipment or product, except on approval of the enforcing officer, until such enforcing officer has evidence that the law and rules and regulations have been complied with and issues a release from the order issued.
(b) No person may sell, use or remove any milk, milk products or dairy products or otherwise violate the terms of any order issued pursuant to subsection (a).
(c) Any order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(d) The provisions of this subsection shall not be construed as limiting the right of the enforcing officer to proceed as authorized by other sections of this act.
History:
L. 2001, ch. 32, § 15; L. 2010, ch. 17, § 126; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-786 Issuance of emergency cease and desist orders by secretary; notice and hearing; declaration of imminent health hazard.

65-786. Issuance of emergency cease and desist orders by secretary; notice and hearing; declaration of imminent health hazard.
(a) If the secretary determines after notice and opportunity for a hearing that any person has engaged in or is engaging in any act or practice constituting a violation of any provision of this act or any rules and regulations or order issued thereunder, the secretary may require that such person cease and desist from the unlawful act or practice and take such affirmative action as in the judgment of the secretary will carry out the purposes of the violated or potentially violated provision of this act or rules and regulations or order issued thereunder. Any such hearing shall be held by the secretary or a presiding officer from the office of administrative hearings.
(b) If the secretary makes written findings of fact that there is a situation involving an immediate danger to the public health, safety or welfare or that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the secretary may issue an emergency temporary cease and desist order. Such order, even when not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of such an order, the secretary shall promptly notify the person subject to the order that:
(1) It has been entered;
(2) the reasons therefor; and
(3) that upon written request from the person subject to the order within 15 days after service of the order the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any such hearing shall be held by the secretary or presiding officer from the office of administrative hearings. If no hearing is requested and none is ordered by the secretary, the order will remain in effect until it is modified or vacated by the secretary. If a hearing is requested or ordered the secretary, after giving notice of and opportunity for hearings to the person subject to the order, shall by written findings of fact and conclusions of law vacate, modify or make permanent the order.
(c) When necessary to protect the public health, an imminent health hazard may be declared by the secretary at any point in a chain of events that ultimately may result in harm or danger to the public health. The occurrence of the final anticipated injury or other disease-related condition shall not be a prerequisite for the establishment of the existence of an imminent health hazard and the use of any authority granted pursuant to this act, including any action taken pursuant to subsection (a) or (b) or K.S.A. 65-780a or 65-785, and amendments thereto.
History:
L. 2001, ch. 32, § 16; L. 2004, ch. 145, § 23; L. 2022, ch. 45, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-787 Court may issue temporary restraining order.

65-787.
Court may issue temporary restraining order.
The district courts of the state of Kansas shall have jurisdiction to restrain violations of this act or the rules and regulations promulgated thereunder. The court may issue such orders, including temporary restraining orders, as the facts may warrant without first requiring proof that an adequate remedy at law does not exist. Any orders issued pursuant to this section shall be issued without bond. Proceedings may be instituted under this section without any criminal proceedings, administrative proceedings or civil penalty proceedings being first initiated.
History:
L. 2001, ch. 32, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-788 Issuance of civil penalties for violations of act; written orders; notice and hearing; appeals; remittance of penalties.

65-788. Issuance of civil penalties for violations of act; written orders; notice and hearing; appeals; remittance of penalties.
(a) Any licensee or any employee or agent thereof who violates any provision of this act or any rules and regulations promulgated thereunder and any person who violates K.S.A. 2023 Supp. 65-771a, and amendments thereto, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $300 for each violation and, in the case of a continuing violation, every day such violation continues may be deemed a separate violation.
(b) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary to the licensee who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the licensee to appeal to the secretary. Any such licensee within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(c) Any person subject to and aggrieved by a final order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(d) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.
History:
L. 2001, ch. 32, § 18; L. 2010, ch. 17, § 127; L. 2022, ch. 45, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-789 Unlawful acts.

65-789.
Unlawful acts.
It shall be unlawful for any person to:
(a) Engage in any business or activity which requires a license or permit under this act without having a license or permit;
(b) sell, offer or expose for sale:
(1) Any milk, milk products or dairy products which do not conform to the definition and standards of identity established under this act; or
(2) any milk, milk products or dairy products which are adulterated or misbranded.
(c) adulterate or misbrand any milk, milk products or dairy products;
(d) sell, offer for sale or have in such person's possession with the intent to sell at retail to the final consumer any milk or milk product which has not been inspected and designated grade A pasteurized in accordance with the provisions of this act and any rules and regulations adopted thereunder, except that on-farm retail sales of milk or milk products shall be exempt from the provisions of this act unless stated otherwise; or
(e) violate any provision of this act or any rules or regulations promulgated thereunder.
History:
L. 2001, ch. 32, § 19; L. 2002, ch. 181, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-790 Penalties for violation of act.

65-790.
Penalties for violation of act.
Any person who violates any provision of this act or any rules and regulations promulgated thereunder shall be guilty of an unclassified misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.
History:
L. 2001, ch. 32, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-791 Severability of act.

65-791.
Severability of act.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 2001, ch. 32, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 7 - Milk And Dairy Products › 65-792 On-farm retail sale of milk; label and advertising requirements; penalties for violations.

65-792. On-farm retail sale of milk; label and advertising requirements; penalties for violations.
(a) The on-farm retail sale of milk or milk products shall be lawful, so long as each container of unpasteurized raw milk sold or offered for sale bears a label that is clearly visible and states the following or its equivalent in a clearly visible font size: "Raw milk and Unpasteurized".
(b) Any person who engages in the on-farm retail sale of milk or milk products may advertise such milk or milk products. Any such advertisement shall not be false or misleading and shall state that such milk or milk products are raw and unpasteurized. If such advertisement is in print or other written or visual form, this statement shall be clearly visible.
(c) In addition to any other remedies available under the act, the secretary may issue a civil penalty pursuant to K.S.A. 65-788, and amendments thereto, against any person who violates this section.
History:
L. 2022, ch. 45, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 9 - Use Of Dead Bodies By Medical School › 65-901 Certain unclaimed dead bodies; use for medical, surgical and anatomical science.

65-901.
Certain unclaimed dead bodies; use for medical, surgical and anatomical science.
It shall be lawful for the chairman or head of the department of anatomy of the medical school of the university of Kansas, to claim and receive the dead body of any person required to be delivered under K.S.A. 65-902a, which would otherwise be buried at public expense or on grounds reserved exclusively for pauper dead; such body to be used within the state for the purpose of the advancement of medical, surgical and anatomical science and study, and the instruction of medical students.
History:
L. 1897, ch. 158, § 1; R.S. 1923, 65-901; L. 1951, ch. 359, § 2; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 9 - Use Of Dead Bodies By Medical School › 65-902a Delivery of unclaimed bodies to medical school; notice; expenses; receipts; records.

65-902a.
Delivery of unclaimed bodies to medical school; notice; expenses; receipts; records.
It is hereby made the duty of each coroner or any other officer having charge or control over unclaimed dead human bodies which would otherwise be buried at public expense or on grounds reserved exclusively for pauper dead to notify immediately the chairman or head of the department of anatomy of the medical school of the university of Kansas, whenever any such body or bodies come into his possession, charge or control; and shall, without fee or reward, upon receipt of notice from the chairman or head of such department, release to the same, within seventy-two (72) hours after death, except those coroners' cases in which more time may be required, and permit said chairman or his agent to take and remove all such bodies for use within the state for the advancement of medical, surgical and anatomical science. All expenses in connection with the delivery of any such body to the department of anatomy of the medical school of the university of Kansas shall be paid by said department. Such notice shall be given in all cases, but no such body shall be so released if any relative or friend accept such body for burial pursuant to the provisions of K.S.A. 65-904; nor shall any dead body of any honorably discharged soldier, sailor or marine of the United States or other person whose burial is provided for under the provisions of article 2 of chapter 73 of the Kansas Statutes Annotated, be so delivered, but in such cases burial shall be made in accordance with such statutes.
Upon receiving notice of the death of any person, coming within the provisions of this act, the chairman or head of the department of anatomy of the university of Kansas shall within thirty-six (36) hours after such notice has been given authorize some person to receive the body and to transport it to the medical school of the university of Kansas. A receipt for the body shall be given to the person delivering same, which receipt shall be dated and entered in a book to be kept by said medical school and which record shall be open to public inspection. Such record shall be kept by register number of all bodies received. If the body is not needed, the chairman or head of said department shall so inform the proper officer, and the body shall receive decent burial; and if, within forty-eight (48) hours after notice has been given, said department does not notify the sender of such notice that the body is to be claimed, then said medical school shall be deemed to have waived all claims to such body.
History:
L. 1951, ch. 359, § 3; L. 1953, ch. 287, § 1; L. 1965, ch. 164, § 8; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 9 - Use Of Dead Bodies By Medical School › 65-902b Burial at expense of person failing to notify or deliver; recovery.

65-902b.
Burial at expense of person failing to notify or deliver; recovery.
Whenever, through the failure of any person to notify or deliver a dead body as required by this act, such body shall become unfit for anatomical purposes, and such fact is so certified to the board of county commissioners of the proper county by the chairman or head of said department, such body shall be buried at the expense of the person so failing to notify or deliver such body as required by this act, and if such expenses are paid by the county, such county may bring an action to recover same.
History:
L. 1951, ch. 359, § 4; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 9 - Use Of Dead Bodies By Medical School › 65-903 Use of bodies; burial.

65-903.
Use of bodies; burial.
Such bodies shall be used only for the promotion of medical and surgical science within the state of Kansas. The remains after serving such purpose shall receive decent burial.
History:
L. 1897, ch. 158, § 3; R.S. 1923, 65-903; L. 1951, ch. 359, § 5; L. 1967, ch. 434, § 17; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 9 - Use Of Dead Bodies By Medical School › 65-904 When bodies not to be delivered to medical school; burial by relatives or friends; unclaimed body of deceased inmate.

65-904.
When bodies not to be delivered to medical school; burial by relatives or friends; unclaimed body of deceased inmate.
(a) Except as provided by subsection (b), if the deceased person during such person's last sickness requests to be buried, or if burial is provided for under article 3 of chapter 73 of the Kansas Statutes Annotated or acts amendatory thereof or supplemental thereto, the body shall not be surrendered, but shall be buried in the usual manner. No body shall be delivered as provided in K.S.A. 65-902a and amendments thereto, if claimed by relatives or friends within 72 hours after death, nor shall a body be delivered as provided in K.S.A. 65-902a and amendments thereto unless the person or persons in charge of the deceased at the time of death have made diligent search for relatives or friends and no response to the search has been received within 96 hours after the commencement of such search. No dead body received by the department of anatomy of the medical school of the university of Kansas under the provisions of this act shall be dissected prior to 60 days after date of receipt of the dead body. In case the remains of any person so delivered and received shall be claimed within 60 days by any relative or friend, they shall be given to such relative or friend for interment.
(b) The unclaimed body of a deceased inmate in the custody of the secretary of corrections may be cremated at the expense of the department of corrections.
History:
L. 1897, ch. 158, § 4; R.S. 1923, 65-904; L. 1951, ch. 359, § 6; L. 1997, ch. 179, § 8; May 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 9 - Use Of Dead Bodies By Medical School › 65-905 Penalty for violations.

65-905.
Penalty for violations.
Every person who shall deliver up a body of any deceased person in violation of or contrary to the provisions of this act, and any person who shall receive such body knowing the same to have been delivered contrary to any of the provisions of this act, or any person who shall refuse or neglect to comply with any of the conditions of this act, shall each and any of them be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than two hundred dollars, or imprisoned in the county jail not exceeding one year.
History:
L. 1897, ch. 158, § 5; May 8; R.S. 1923, 65-905.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 11 - Regulation Of Nursing › 65-1113 Definitions.

65-1113. Definitions.
When used in this act and the act of which this section is amendatory:
(a) "Board" means the board of nursing.
(b) "Diagnosis" in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen and shall be construed as distinct from a medical diagnosis.
(c) "Treatment" means the selection and performance of those therapeutic measures essential to effective execution and management of the nursing regimen, and any prescribed medical regimen.
(d) Practice of nursing. (1) The practice of professional nursing as performed by a registered professional nurse for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and amendments thereto, means the process in which substantial specialized knowledge derived from the biological, physical, and behavioral sciences is applied to: the care, diagnosis, treatment, counsel and health teaching of persons who are experiencing changes in the normal health processes or who require assistance in the maintenance of health or the prevention or management of illness, injury or infirmity; administration, supervision or teaching of the process as defined in this section; and the execution of the medical regimen as prescribed by a person licensed to practice medicine and surgery or a person licensed to practice dentistry.
(2) The practice of nursing as a licensed practical nurse means the performance for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and any amendments thereto, of tasks and responsibilities defined in paragraph (1), which tasks and responsibilities are based on acceptable educational preparation within the framework of supportive and restorative care under the direction of a registered professional nurse, a person licensed to practice medicine and surgery or a person licensed to practice dentistry.
(e) A "professional nurse" means a person who is licensed to practice professional nursing as defined in subsection (d)(1).
(f) A "practical nurse" means a person who is licensed to practice practical nursing as defined in subsection (d)(2).
(g) "Advanced practice registered nurse" or "APRN" means a professional nurse who holds a license from the board to function as a professional nurse in an advanced role, and this advanced role shall be defined by rules and regulations adopted by the board in accordance with K.S.A. 65-1130, and amendments thereto.
(h) "Continuing nursing education" means learning experiences intended to build upon the educational and experiential bases of the registered professional and licensed practical nurse for the enhancement of practice, education, administration, research or theory development to the end of improving the health of the public.
History:
L. 1949, ch. 331, § 1; L. 1963, ch. 314, § 1; L. 1975, ch. 316, § 1; L. 1978, ch. 240, § 1; L. 1980, ch. 186, § 1; L. 1983, ch. 206, § 6; L. 2011, ch. 114, § 39; L. 2018, ch. 42, § 2; July 1, 2019.