reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 5a - Children With Special Health Care Needs › 65-5a12 Application for care, treatment or assistance; financial eligibility; determinations; uniform standards; repayment.

65-5a12.
Application for care, treatment or assistance; financial eligibility; determinations; uniform standards; repayment.
An application for the care, treatment or assistance of any child by the secretary of health and environment under the provisions of this act may be filed by any person with the secretary or a designated agent of the secretary who shall determine the financial eligibility of the family according to standards established by the secretary. The secretary or agent of the secretary shall also determine if the parents, guardian or child is a resident of Kansas and if the child is a child with special health care needs.
The secretary shall establish uniform standards of financial eligibility for treatment services under the services for children with special health care needs, including a uniform formula for shared expenses or for repayment of services. All repayment shall be used in support of the services for children with special health care needs.
History:
L. 1971, ch. 251, § 7; L. 1976, ch. 145, § 237; L. 1977, ch. 214, § 7; L. 1978, ch. 238, § 7; L. 1984, ch. 226, § 6; L. 1988, ch. 241, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 5a - Children With Special Health Care Needs › 65-5a13 Findings of secretary of health and environment; record; certification of eligibility; agreements on payment of cost; review of agreement.

65-5a13.
Findings of secretary of health and environment; record; certification of eligibility; agreements on payment of cost; review of agreement.
If the secretary of health and environment or a designated agent of the secretary finds that a child or a parent or guardian of a child is a resident of the state of Kansas and the secretary of health and environment or the designated agent verifies that the child is a child with special health care needs and that the parent or parents, guardian or other person legally chargeable with the support of the child with special health care needs is financially unable to pay, in whole or in part, the expenses of the care, treatment or assistance necessary for such child, the secretary of health and environment or designated agent of the secretary shall make a record of the facts and certify the child eligible for care, treatment and assistance by the secretary.
At the time of the determination, the parents, guardian or other persons and the secretary shall enter into an agreement which shall specify that portion, if any, of the costs for care, treatment or assistance to be paid by the parents, guardian or other persons and that portion of the costs, within the limits of funds appropriated therefor, to be paid by the secretary. The terms of the agreement shall be reviewed whenever a change in financial or medical circumstances occurs, but in any event shall be reviewed at least annually.
History:
L. 1971, ch. 251, § 8; L. 1977, ch. 214, § 8; L. 1978, ch. 238, § 8; L. 1984, ch. 226, § 7; L. 1988, ch. 241, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 5a - Children With Special Health Care Needs › 65-5a14 Rules and regulations for system of priorities for children; consultation with representatives of medical society.

65-5a14. Rules and regulations for system of priorities for children; consultation with representatives of medical society.
The secretary of health and environment shall adopt rules and regulations establishing a system of priorities for providing services, devices, equipment and supplies to children under the provisions of this act which will give consideration to the medical needs of the patient and the financial ability of the patient to pay the cost thereof and will insure that available funds will be used where the need is greatest. Such system of priorities shall provide care and treatment only for children having a condition that can reasonably be expected to be aided or improved by treatment and shall include, but shall not be limited to:
(a) Congenital malformations requiring major surgical repair;
(b) catastrophic and chronic diseases of children (such as hydronephrosis, and chronic nephritis);
(c) intellectual disability or mental disability with associated serious physical defects;
(d) orthopedic conditions (not including relaxed flat feet or treatment or supportive devices therefor);
(e) burns requiring plastic surgery;
(f) cardiovascular (congenital and acquired heart disease or anomalies of the major blood vessels); and
(g) malignant disease (such as leukemia, Wilm's tumor, osteogenic sarcoma, etc., but not to include terminal care).
In adopting the rules and regulations, the secretary of health and environment shall consult with and give consideration to the recommendations of representatives of the Kansas medical society designated or selected by the society for such purpose.
A child with special health care needs shall not be denied services because the child is a person with intellectual disability.
History:
L. 1971, ch. 251, § 2; L. 1977, ch. 214, § 9; L. 1978, ch. 238, § 9; L. 1984, ch. 226, § 8; L. 1988, ch. 241, § 8; L. 2012, ch. 91, § 40; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 5a - Children With Special Health Care Needs › 65-5a15 Payment of claims, when.

65-5a15.
Payment of claims, when.
Notwithstanding K.S.A. 75-3731, the director of accounts and reports shall accept for payment from the secretary of health and environment any duly authorized claim for services even though such claim is not submitted or processed for payment within the fiscal year in which the service is rendered and whether or not the services were rendered prior to the effective date of this act, except that no claim filed more than six months after the time of service rendered shall be allowed or paid.
History:
L. 1976, ch. 359, § 1; L. 1977, ch. 214, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 5a - Children With Special Health Care Needs › 65-5a16 Act not to affect certain rights and responsibilities.

65-5a16.
Act not to affect certain rights and responsibilities.
Nothing in this act shall be construed as limiting the power of the parent, guardian, conservator or person in loco parentis with respect to a child with special health care needs.
Nothing in this act shall be construed to authorize any treatment services for children under 18 years of age without the written consent of a parent or guardian, except that a person under the age of 18 years who has had conferred by court order the rights of majority may authorize treatment services without the written consent of a parent or guardian.
History:
L. 1978, ch. 238, § 10; L. 1984, ch. 226, § 9; L. 1988, ch. 241, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-636 Exhibition of title "drugstore," "pharmacy" or "apothecary."

65-636. Exhibition of title "drugstore," "pharmacy" or "apothecary."
It shall be unlawful for any individual who is not legally licensed as a pharmacist by the state board of pharmacy or any individual, firm or corporation who does not have in continuous employ, at each place of business, a pharmacist licensed by the state board of pharmacy, to take, use or exhibit the title "drugstore," "pharmacy" or "apothecary" or any combination of such titles, or any title or description of like import, or any other term designed to take the place of such title, if such title is being used in the context of health, medical or pharmaceutical care and the individual, firm or corporation has not provided a disclaimer sufficient to notify consumers that a pharmacist is not employed.
History:
L. 1925, ch. 205, § 1; L. 1986, ch. 231, § 8; L. 2021, ch. 106, § 5; June 3.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-644 Same; misbranding.

65-644.
Same; misbranding.
No person shall sell, barter or exchange, or receive, hold, display or offer for sale, barter or exchange, in the state of Kansas, any dangerous caustic or corrosive substance in a misbranded parcel, package or container, said parcel, package or container being designed for household use.
History:
L. 1927, ch. 247, § 2; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-645 Same; condemnation and disposition.

65-645.
Same; condemnation and disposition.
Any dangerous caustic or corrosive substance in a misbranded parcel, package or container suitable for household use, that is being sold, bartered or exchanged, or held, displayed or offered for sale, barter or exchange, shall be liable to be proceeded against in any court of competent jurisdiction. If such substance is condemned as misbranded by said court, it shall be disposed of by destruction or sale, as the court may direct; and if sold, the proceeds, less the actual costs and charges, shall be paid over to the clerk of the district court of the county in which such sale is had, but such substance shall not be sold contrary to the laws of the state: Provided, however, That upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may order [or] direct that such substance be delivered to the owner thereof. Such condemnation proceedings shall conform as near as may be to proceedings in confiscation of intoxicating liquors.
History:
L. 1927, ch. 247, § 3; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-646 Same; enforcement of act.

65-646.
Same; enforcement of act.
The attorney general and the county attorneys of the respective counties of this state shall enforce the provisions of this act, and they are hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this act as may be submitted to him for that purpose and as may, in his judgment, conform to the requirements of this statute.
History:
L. 1927, ch. 247, § 4; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-647 Same; penalty.

65-647.
Same; penalty.
Any person violating the provisions of this act shall, upon conviction thereof, be punished by a fine of not more than two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment in the discretion of the court.
History:
L. 1927, ch. 247, § 5; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-648 Same; prosecutions.

65-648.
Same; prosecutions.
The attorney general and the county attorneys of the respective counties of the state to whom there is presented, or who in any way procures satisfactory evidence of any violation of the provisions of this act, shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as in such cases herein provided.
History:
L. 1927, ch. 247, § 6; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-649 Same; sale of household products.

65-649.
Same; sale of household products.
Household products for cleaning and washing purposes subject to this act and labeled in accordance therewith may be sold, offered for sale, held for sale and distributed in this state by any dealer, wholesaler or retailer.
History:
L. 1927, ch. 247, § 7; June 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-650 Medicines, drugs and poisons sold through vending machines, requirements; penalties for violations.

65-650.
Medicines, drugs and poisons sold through vending machines, requirements; penalties for violations.
(a) Any person, firm or corporation who offers for sale, sells or distributes any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison through or by means of any vending machine or other mechanical device, or who uses any vending machine in or for the sale or distribution of any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison, shall be guilty of a class C nonperson misdemeanor and upon conviction shall be fined not less than $25 nor more than $500.
(b) No nonprescription drugs shall be offered for sale or sold through a vending machine in anything other than the manufacturer's original tamper-evident and expiration-dated packet. No more than 12 different nonprescription drugs products shall be offered for sale or sold through any one vending machine. Any vending machine in which nonprescription drugs are offered for sale or sold shall be located so that the drugs stored in such vending machine are stored in accordance with drug manufacturer's requirements. Drugs offered for sale or sold in such vending machine shall not be older than the manufacturer's expiration date. Each vending machine through which nonprescription drugs are offered for sale or sold shall have an obvious and legible statement on the machine that identifies the owner of the machine, a toll-free telephone number at which the consumer may contact the owner of the machine, a statement advising the consumer to check the expiration date of the product before using the product and the telephone number of the state board of pharmacy. As used in this subsection, "nonprescription drug" does not include any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison. A violation of this subsection is a class C nonperson misdemeanor and upon conviction the violator shall be fined not less than $25 nor more than $500.
History:
L. 1933, ch. 177, § 1; L. 2000, ch. 40, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-655 Food, drug and cosmetic act; title.

65-655. Food, drug and cosmetic act; title.
K.S.A. 65-619 through 65-690, and K.S.A. 65-691 and 65-692, and amendments thereto, may be cited as the Kansas food, drug and cosmetic act.
History:
L. 1953, ch. 286, § 1; L. 2010, ch. 72, § 5; L. 2012, ch. 145, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-658 Same; injunction to restrain violation of K.S.A. 65-657.

65-658. Same; injunction to restrain violation of K.S.A. 65-657.
In addition to the remedies provided by the food, drug and cosmetic act, the secretary of agriculture is hereby authorized to apply to the district court for, and the court may grant, a temporary or permanent injunction restraining, any person from violating any provision of the food, drug and cosmetic act; irrespective of whether or not there exists an adequate remedy at law.
History:
L. 1953, ch. 286, § 4; L. 1974, ch. 352, § 99; L. 2010, ch. 72, § 8; L. 2012, ch. 145, § 18; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-660 Same; adulterated or misbranded food, drug, device or cosmetic; detaining or embargoing; condemnation proceedings; consolidation, when; samples and analyses of seized articles; destruction of certain perishable food.

65-660. Same; adulterated or misbranded food, drug, device or cosmetic; detaining or embargoing; condemnation proceedings; consolidation, when; samples and analyses of seized articles; destruction of certain perishable food.
(a) Whenever the secretary finds or has probable cause to believe, that any food, drug, device or cosmetic is adulterated, contains any substance injurious to public health, is offered in violation of any of the provisions of the food, drug and cosmetic act or rules and regulations adopted thereunder, or so misbranded as to be dangerous or fraudulent, within the meaning of this act, the secretary shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed. Such tag or marking shall warn all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the secretary. It shall be unlawful for any person to remove such tag or marking from a detained or embargoed article or remove or dispose of such detained or embargoed article by sale or otherwise without the permission of the secretary.
(b) When an article detained or embargoed under subsection (a) has been found to be adulterated or misbranded, the secretary shall issue an order establishing measures to prevent further contamination or threat to the public health. The secretary may order the destruction of contaminated food, drugs, devices or cosmetics if no alternative assures that further contamination or health hazards are averted.
(c) If the secretary finds that an article so detained or embargoed is not adulterated or misbranded, the secretary shall remove the tag or other marking. Any order issued pursuant to subsection (b) or (c) shall be subject to review in accordance with the Kansas judicial review act. Nothing in this section shall be construed as limiting the right of the secretary to proceed as authorized by other sections of this act.
History:
L. 1953, ch. 286, § 6; L. 1974, ch. 352, § 101; L. 2012, ch. 145, § 19; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-662 Same; minor violations; notice or warning.

65-662.
Same; minor violations; notice or warning.
Nothing in this act shall be construed as requiring the secretary to report for the institution of proceedings under this act, minor violations of this act, whenever the secretary believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
History: L. 1953, ch. 286, § 8; L. 1974, ch. 352, § 103; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-663 Same; regulations prescribing definitions and standards of identity for food.

65-663.
Same; regulations prescribing definitions and standards of identity for food.
Whenever in the judgment of the secretary such action will promote honesty and fair dealing in the interest of consumers, the secretary shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, and/or reasonable standard of quality and/or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.
History:
L. 1953, ch. 286, § 9; L. 1974, ch. 352, § 104; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-668 Same; drugs or devices deemed adulterated, when.

65-668.
Same; drugs or devices deemed adulterated, when.
A drug or device shall be deemed to be adulterated:
(a) (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) (A) if it has been produced, prepared, packed or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (B) if it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this act as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess; or (3) if it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if (A) it is a drug and it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of K.S.A. 65-667, or (B) it is a color additive, the intended use of which in or on drugs is for purposes of coloring only, and is unsafe within the meaning of K.S.A. 65-667.
(b) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in any official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States it shall be subject to the requirements of the United States pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic phamacopoeia of the United States and not to those of the United States pharmacopoeia.
(c) If it is not subject to the provisions of paragraph (b) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.
(d) If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality or strength; or (2) substituted wholly or in part therefor.
History:
L. 1953, ch. 286, § 14; L. 1965, ch. 377, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-670 Same; cosmetic deemed adulterated, when.

65-670.
Same; cosmetic deemed adulterated, when.
A cosmetic shall be deemed to be adulterated:
(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual: Provided, That this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution-this product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying direction should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate direction for such preliminary testing. For the purposes of this paragraph and the paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(d) If its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(e) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.
History:
L. 1953, ch. 286, § 16; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-671 Same; cosmetic deemed misbranded, when.

65-671.
Same; cosmetic deemed misbranded, when.
A cosmetic shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the secretary.
(c) If any word, statement or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(d) If its container is so made, formed, or filled as to be misleading.
History: L. 1953, ch. 286, § 17; L. 1974, ch. 352, § 110; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-672 Same; advertisements of food, drugs, devices or cosmetics deemed false, when.

65-672.
Same; advertisements of food, drugs, devices or cosmetics deemed false, when.
(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b) For the purpose of this act the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, venereal disease, shall also be deemed to be false, except that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection if it is disseminated only to a physician, dentist or veterinarian, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices: Provided, That whenever the secretary determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the secretary shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such condition and restriction as the secretary may deem necessary in the interests of public health: Provided, That this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
History: L. 1953, ch. 286, § 18; L. 1974, ch. 352, § 111; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-674 Same; free access to establishments and vehicles for inspections and samples.

65-674. Same; free access to establishments and vehicles for inspections and samples.
(a) The secretary shall have free access at all reasonable hours to any location in which foods, drugs, devices or cosmetics are processed, stored or distributed, or to enter any vehicle being used to transport or hold such foods, drugs, devices or cosmetics in commerce, for the following purposes:
(1) To inspect any location, products or equipment subject to the provisions of the food, drug and cosmetic act and rules and regulations adopted thereunder;
(2) to inspect or sample food, drugs, devices or cosmetics reported to be adulterated or a threat to public health;
(3) to inspect or investigate complaints of violations of the provisions of the food, drug and cosmetic act and rules and regulations adopted thereunder; or
(4) to sample products.
(b) If the secretary is denied access to any location where such access is sought for the purposes as provided in subsection (a), the secretary may apply to any court of competent jurisdiction for a search warrant authorizing access to such location for such purpose. Upon such application and a showing of cause therefor, the court shall issue such search warrant.
History:
L. 1953, ch. 286, § 20; L. 1974, ch. 352, § 113; L. 2012, ch. 145, § 20; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-675 Same; reports and dissemination of information.

65-675.
Same; reports and dissemination of information.
(a) The secretary may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this act, including the nature of the charge and the disposition thereof.
(b) The secretary may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the secretary deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in the section shall be construed to prohibit the secretary from collecting, reporting and illustrating the results of the investigations of the secretary.
History: L. 1953, ch. 286, § 21; L. 1974, ch. 352, § 114; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-678 Same; cooperation with federal food and drug administration.

65-678.
Same; cooperation with federal food and drug administration.
The secretary is hereby authorized to confer and cooperate with the federal food and drug administration in the enforcement of the national food, drug and cosmetic act as it may apply to food, liquor, drugs, and cosmetic products received in this state from other states, territories or foreign countries.
History: L. 1953, ch. 286, § 24; L. 1974, ch. 352, § 117; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-679 Same; act not to limit authority established under certain other acts.

65-679.
Same; act not to limit authority established under certain other acts.
Nothing in this act shall be construed as limiting or abridging the authority of the secretary of agriculture established under the Kansas dairy law, K.S.A. 65-771 through 65-791, and amendments thereto; or the Kansas commercial feeding stuffs law, K.S.A. 2-1001 through 2-1013, and amendments thereto.
History: L. 1953, ch. 286, § 25; L. 1974, ch. 352, § 118; L. 2001, ch. 32, § 23; L. 2002, ch. 25, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-679a Dimethyl sulfoxide; labeling and information requirements if sold other than by prescription.

65-679a.
Dimethyl sulfoxide; labeling and information requirements if sold other than by prescription.
(a) Any dimethyl sulfoxide (DMSO) sold in this state other than by prescription shall be labeled by the manufacturer and seller. The label shall contain a description of all of the contents in the solution, a statement of purity, the percent of dimethyl sulfoxide (DMSO) in the solution and the manufacturer's name and address. Whenever dimethyl sulfoxide (DMSO) is sold or otherwise supplied, the seller or supplier shall give additional printed material, approved by the secretary, to the person receiving the dimethyl sulfoxide (DMSO) that provides adequate warning against use that may be dangerous to the health of the user.
(b) The secretary of agriculture may adopt rules and regulations necessary to administer the provisions of this section.
(c) This section shall be part of and supplemental to the Kansas food, drug and cosmetic act.
History:
L. 1982, ch. 255, § 1; L. 2010, ch. 72, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-680 Same; invalidity of part.

65-680.
Same; invalidity of part.
If any provision of this act is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and applicability thereof to other persons and circumstances shall not be affected thereby.
History:
L. 1953, ch. 286, § 26; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-682 Same; penalty.

65-682. Same; penalty.
(a) The secretary, after providing notice and an opportunity for a hearing in accordance with provisions of the Kansas administrative procedure act, may impose a civil penalty in an amount of not more than $1,000 per violation of the food, drug and cosmetic act or rule and regulation adopted, or order issued thereunder. In the case of a continuing violation, each day such violation continues shall be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
(b) Any party aggrieved by an order of the secretary as provided in subsection (a) may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(c) Any penalty recovered pursuant to the provisions of subsection (a) shall be remitted 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 to the credit of the state general fund.
(d) Any person who recklessly or intentionally violates the provisions of the food, drug and cosmetic act, or rules and regulations adopted thereunder, shall be guilty of a class A, nonperson misdemeanor.
History:
L. 1974, ch. 1, § 2; L. 2012, ch. 145, § 21; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-685 Same; enforcement of criminal provisions.

65-685. Same; enforcement of criminal provisions.
The enforcement of the criminal provisions of this act shall be the duty of, and shall be implemented by, the county or district attorneys of the state. In the event a county or district attorney refuses to act, the attorney general shall so act.
History:
L. 1974, ch. 1, § 5; L. 1975, ch. 462, § 75; L. 2010, ch. 72, § 14; L. 2012, ch. 145, § 22; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-687 Limitation on liability of donor for donated food.

65-687.
Limitation on liability of donor for donated food.
(a) As used in this act, the following terms shall mean:
(1) "Canned food," any food commercially processed and prepared for human consumption.
(2) "Perishable food," any food which may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables and foods which have been packaged, refrigerated or frozen.
(b) All other provisions of law notwithstanding, a good faith donor of canned or perishable food, to a bona fide charitable or not for profit organization for ultimate distribution to needy individuals, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of the donor.
(c) All other provisions of law notwithstanding, a bona fide charitable or not for profit organization which in good faith receives and distributes food, which complies with K.S.A. 65-655 et seq., and amendments thereto, at the time it was donated and which is fit for human consumption at the time it is distributed, without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of such organization.
(d) The provisions of this act shall govern all good faith donations of canned or perishable food which is not readily marketable due to appearance, freshness, grade, surplus or other conditions, but nothing in this act shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
History:
L. 1983, ch. 202, § 1; L. 1996, ch. 101, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-690 Same; temporary suspension of license.

65-690. Same; temporary suspension of license.
(a) If the secretary finds that the public health or safety is endangered by the continued operation of a food processing plant or food establishment, the secretary may temporarily suspend the license of such establishment or order the temporary closure of such establishment without notice or hearing in accordance with the emergency provisions of the Kansas administrative procedure act.
(b) In no case shall a temporary suspension of a license or temporary closure 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 licensee shall be reinstated to full licensure or allowed to reopen unless the secretary has denied, suspended or revoked the license, obtained an injunction against such licensee, or the license has expired as otherwise provided under the Kansas food, drug and cosmetic act, and amendments thereto, or any rules and regulations or orders issued thereunder.
(c) The secretary, after providing notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny, suspend, modify, revoke or refuse to renew any license as provided in the food, drug and cosmetic act or rules and regulations adopted thereunder, if the secretary determines that such applicant or licensee has:
(1) Been convicted of or pleaded guilty to a criminal violation of any provision of the food, drug and cosmetic act;
(2) failed to comply with any provision or requirement of the act or any rule and regulation or order adopted or issued thereunder;
(3) interfered with the secretary's ability to carry out inspections or the administration of the act, or any rule and regulation adopted thereunder; or
(4) denied the secretary access to any premises required to be inspected under the provisions of the act or any rule and regulation adopted thereunder.
History:
L. 2009, ch. 59, § 4; L. 2012, ch. 145, § 25; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6 - Food, Drugs And Cosmetics › 65-692 Same; inspection by municipality, fire marshal.

65-692. Same; inspection by municipality, fire marshal.
(a) The secretary is hereby authorized and empowered to contract with the governing body of any municipality for the enforcement of this act, and the rules and regulations adopted thereunder whenever the secretary shall determine that such municipality has adequate personnel to provide proper enforcement. Any municipality entering into a contract with the secretary to enforce statutes, rules or regulations shall act as an agent of the secretary in carrying out such duties. No such municipality shall charge any facility a fee for services performed as an agent of the secretary under such contract, which is in addition to and separate from, any fee such facility is required to pay to the secretary under the provisions of this act. Such municipality shall enforce such standards within the municipality as designated by contract. Any inspection of any premises by officers, employees or agents of any such municipality, and any notice of noncompliance issued as a result of any such inspection, shall have the same force and effect as if performed by the secretary.
(b) The secretary and the state fire marshal are hereby authorized and empowered to enter into a contract authorizing the state fire marshal or the fire marshal's deputies or lawful agents to enforce all or any portion of the standards promulgated pursuant to this act. Such contract shall designate specific facilities or types of facilities wherein such authority may be exercised. Any inspection of such facilities by the state fire marshal or the fire marshal's lawful agents to determine compliance with standards established pursuant to this act, and any notice of noncompliance issued as a result of any such inspection, shall have the same force and effect as if performed by the secretary. Such contract also may provide similar authority for the secretary with respect to enforcement of all or any portion of the Kansas fire prevention code in specified facilities or types of facilities. Any inspection of such establishments by the secretary to determine compliance with the Kansas fire prevention code shall have the same force and effect as if performed by the state fire marshal or the fire marshal's deputies or lawful agents.
History:
L. 2012, ch. 145, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6a - Meat And Poultry › 65-6a19 Cooperation with U.S. department of agriculture.

65-6a19.
Cooperation with U.S. department of agriculture.
The secretary of agriculture is hereby authorized to cooperate with the United States department of agriculture in the enforcement of this act and the federal meat and poultry inspection acts.
History:
L. 1969, ch. 296, § 2; L. 2004, ch. 101, § 90; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6a - Meat And Poultry › 65-6a20 Inspection of livestock, rabbits and poultry before slaughter; separate slaughter for diseased; inspection of carcasses.

65-6a20. Inspection of livestock, rabbits and poultry before slaughter; separate slaughter for diseased; inspection of carcasses.
(a) For the purpose of preventing the use in intrastate commerce of meat and meat food products and poultry and poultry products which are adulterated, the secretary shall make an examination and inspection, by inspectors appointed for such purpose, of all livestock, domestic rabbits and poultry before such livestock, domestic rabbits and poultry are allowed to enter into any slaughtering, processing or similar establishment in this state in which slaughtering and preparation of meat or meat food products or poultry and poultry products of such animals are conducted for intrastate commerce. All livestock, domestic rabbits and poultry found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other livestock, domestic rabbits and poultry. When slaughtered as provided in this section, the carcasses of such livestock, domestic rabbits or poultry shall be subject to a careful examination and inspection as provided by the rules and regulations adopted by the secretary.
(b) For the purpose of preventing the inhumane slaughtering or inhumane handling in connection with slaughter of livestock, domestic rabbits or poultry, the secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which livestock, domestic rabbits or poultry are slaughtered and handled in connection with slaughter in establishments registered or required to be registered under this act.
(c) The secretary may prescribe rules and regulations for the implementation of this section.
History:
L. 1969, ch. 296, § 3; L. 1985, ch. 211, § 2; L. 2004, ch. 101, § 195; L. 2012, ch. 145, § 29; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6a - Meat And Poultry › 65-6a21 Post-mortem inspection of carcasses capable of use as human food; marking or labeling; destruction of adulterated carcasses for food purposes; removal of inspectors for failure to destroy.

65-6a21.
Post-mortem inspection of carcasses capable of use as human food; marking or labeling; destruction of adulterated carcasses for food purposes; removal of inspectors for failure to destroy.
For the purposes of the Kansas meat and poultry inspection act, the secretary shall cause to be made, by inspectors appointed therefor, a post-mortem examination and inspection of the carcasses and parts thereof of all livestock, domestic rabbits and poultry which are capable of use as human food and which are to be prepared at any slaughtering, canning, salting, packing or similar establishment in this state in which such articles are prepared for intrastate commerce. The carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged or labeled as "inspected and passed." The inspectors shall label, mark, stamp or tag as "inspected and condemned" all carcasses and parts thereof of animals found to be adulterated. All carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the establishment in the presence of an inspector, and the secretary may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof. After the first inspection and when they deem it necessary, the inspectors shall reinspect such carcasses or parts thereof to determine whether since the first inspection such carcasses or parts thereof have become adulterated. If any carcass or any part thereof, upon examination and inspection subsequent to the first examination and inspection, is found to be adulterated, it shall be destroyed for food purposes by the establishment in the presence of an inspector. The secretary may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.
History:
L. 1969, ch. 296, § 4; L. 1985, ch. 211, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 6a - Meat And Poultry › 65-6a22 Inspection of carcasses prior to entry into department for processing; inspection of meat and poultry food products returned to slaughtering or processing establishment; limitation of entry of carcasses and products.

65-6a22.
Inspection of carcasses prior to entry into department for processing; inspection of meat and poultry food products returned to slaughtering or processing establishment; limitation of entry of carcasses and products.
The provisions of K.S.A. 65-6a21 and amendments thereto shall apply to all carcasses or parts of carcasses of livestock, domestic rabbits and poultry, or the meat or meat products or poultry or poultry products thereof, which are capable of use as human food and which may be brought into any slaughtering, canning, salting, packing or similar establishment where inspection under this act is maintained. The examination and inspection shall be conducted before such carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products or poultry food products. The provisions of K.S.A. 65-6a21 and amendments thereto shall also apply to all such products which, after having been issued from any such slaughtering, canning, salting, packing or similar establishment, are returned to the same or to any similar establishment where such inspection is maintained. The secretary may limit the entry of carcasses, parts of carcasses, meat and meat products, poultry and poultry products and other materials into any establishment at which inspection under this act is maintained under such conditions as the secretary may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this act.
History:
L. 1969, ch. 296, § 5; L. 1985, ch. 211, § 4; July 1.