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Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-6 - General requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each licensee shall meet all of the following requirements:
(1) Post the license in a location in the
			 lodging establishment that is conspicuous to guests;
(2) comply with the provisions of these
			 regulations, including the conditions of any granted variance;
(3) ensure that no room or any portion of the
			 lodging establishment is rented unless the room or portion of the lodging
			 establishment is safe and sanitary; and
(4) replace any existing items, including
			 equipment, furnishings, fixtures, or items of de´cor, with items that
			 meet the requirements of these regulations, under any of the following
			 conditions:
(A) The items constitute a public
			 health hazard;
(B) the items affect
			 guest safety; or
(C) the items do
			 not meet the requirements of these regulations.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-7 - Personnel; health, cleanliness, and clothing

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) Health of
			 employees. Each employee with any of the following health problems shall be
			 excluded from a lodging establishment:
(1) The
			 employee is infected with a communicable disease, and the disease can be
			 transmitted to other employees or guests in the normal course of
			 employment.
(2) The employee is a
			 carrier of organisms that cause a communicable disease.
(3) The employee has a boil, an infected
			 wound, or an acute respiratory infection.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-8 - Guest and public safety

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the secretary has reason to believe
			 that defects could be present with regard to the integrity of the structure or
			 electrical system of the lodging establishment, the licensee may be required by
			 the secretary to retain the services of a professional engineer or local
			 building code officer to certify the lodging establishment for building safety.
			 Disasters after which the structural integrity may need to be evaluated shall
			 include a heavy snow or ice storm, flood, tornado, straight-line winds, fire,
			 hurricane, and earthquake.
(b) Each
			 licensee shall ensure that all repairs, construction, renovations, and
			 maintenance are conducted in a manner that provides safe conditions for the
			 guests and the public.
(c) The
			 licensee of each lodging establishment using fuel-fired equipment or appliances
			 that pose a potential carbon monoxide risk, including lodging establishments
			 with attached parking garages or wood-burning fireplaces, shall install one or
			 more carbon monoxide detectors according to the manufacturer's specifications.
(1) A carbon monoxide detector shall be
			 required in each non-guest room adjoining or sharing a common ventilation
			 system with an attached parking garage.
(2) Each carbon monoxide detector shall be in
			 working condition.
(A) Each carbon monoxide
			 detector shall be tested at least every six months to ensure that the detector
			 is operating properly. The batteries shall be changed, as needed.
(B) A 12-month history of all test results
			 shall be logged and maintained at the lodging establishment and made available
			 to the secretary upon request.
(C)
			 If a battery-operated detector is not operational for two consecutive tests,
			 the licensee shall install a detector that is hardwired with a battery
			 backup.
(3) A carbon
			 monoxide detector shall not be required to be installed in an attached parking
			 garage area.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-9 - Guest rooms

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that each guest room is kept clean,
				is in good repair, and is maintained with regard to the health and safety of
				each guest, in accordance with all of the following requirements:
(a) The walls, floors, ceilings, doors, and
			 windows shall be constructed of materials intended for that purpose, maintained
			 in good repair, and cleaned, painted, or replaced as necessary.
(1) All junctures between floors and walls
			 shall be constructed, covered, or finished with a baseboard and readily
			 cleanable.
(2) All floors and floor
			 coverings shall be cleaned as needed. The methods for cleaning shall be
			 suitable to the finish and material.
(3) All floor maintenance, repair, or
			 replacement shall be done in a manner that prevents slipping or tripping
			 hazards to any guest.
(4) A guest
			 room that has visible mold on the floors, walls, ceiling, or windows shall not
			 be rented until mold cleanup is completed.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-10 - Dishware and utensils

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) General.
(1) All dishware and utensils that are
			 designed for repeat use shall be made of safe, durable, and nonabsorbent
			 material and shall be kept in good repair. No cracked or chipped dishware or
			 utensils shall be provided for use by guests or employees.
(2) All single-service articles shall be
			 constructed of safe, durable, and nonabsorbent materials.
(3) All single-service drinking glasses and
			 utensils shall be prepackaged or protected in a dispenser.
(4) No single-service articles may be
			 reused.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-11 - Housekeeping and laundry facilities; maintenance supplies and equipment

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all housekeeping and laundry
				facilities and equipment are clean and maintained in good repair. Each licensee
				shall ensure that all of the following requirements are met:
(a)
(1) Each
			 housekeeping cart shall be maintained and operated to prevent the contamination
			 of clean linens by dirty linens.
(2) Each housekeeping cart shall be designed,
			 maintained, and operated to protect clean glasses, utensils, dishware,
			 single-service articles, food, coffee, and condiments from dirty linens and
			 other sources of contamination, including dirty glasses and dishware, cleaning
			 and sanitizing agents, and poisonous or toxic materials.
(3) Each service or utility cart shall be
			 maintained and operated to prevent the contamination of clean linens by dirty
			 linens or other sources of contamination, according to one of the following
			 methods:
(A) Cleaning and sanitizing the
			 service cart before transporting clean linens;
(B) lining the service cart with a clean
			 liner before transporting clean linens;
(C) placing the clean linens in a clean
			 container before transporting the linens in the service cart; or
(D) using another method as approved by the
			 secretary.
(4) All
			 laundry bags used for dirty linen shall be laundered before being used for
			 clean linen.
(5) Each housekeeping
			 cart and each service cart shall be kept clean and in good repair.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-12 - Poisonous or toxic materials

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) Only those
			 poisonous or toxic materials that are required for the operation and
			 maintenance of the lodging establishment shall be allowed on the premises,
			 including the following:
(1) Detergents,
			 sanitizers, cleaning or drying agents, caustics, acids, polishes, and similar
			 chemicals;
(2) insecticides and
			 rodenticides;
(3) building
			 maintenance materials, including paint, varnish, stain, glue, and caulking;
			 and
(4) landscaping materials,
			 including herbicides, lubricants, and fuel for equipment.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-13 - Public indoor areas

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) All indoor
			 public areas shall be kept clean and free of debris.
(b)
(1) All
			 equipment, appliances, and fixtures shall be maintained in good repair. All
			 equipment, appliances, and fixtures that require repair or maintenance either
			 shall be removed for repair or maintenance or shall be designated as damaged or
			 under repair by using signs, placards, cones, hazard tape, or other visual
			 means to alert guests of any possible hazard.
(2) All unused or damaged equipment,
			 appliances, and fixtures shall be removed.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-14 - Ice and ice dispensing

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a)
(1) If ice is provided in a public area to
			 guests or the general public, the ice shall be provided only through automatic,
			 self-service dispensing machines that are constructed to prevent the direct
			 access to bulk ice storage compartments by guests or the general
			 public.
(2) Ice machines other than
			 the type specified in paragraph (a)(1), including bin-type ice machines that
			 allow direct access to the bulk ice storage compartments, shall not be
			 accessible to guests or the general public. Any lodging employee may provide
			 containers of ice to guests or the general public from this type of ice
			 machine, from an icemaker, or from prepackaged ice.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-15 - Exterior premises

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) Exterior
			 areas and surfaces.
(1) All exterior areas and
			 surfaces, including alleys and driveways, shall be kept clean, free of debris,
			 and in good repair.
(2) Each
			 walking, driving, and parking surface shall be graded or maintained to prevent
			 the pooling of water.
(3) All lawns
			 and landscaping shall be mowed or pruned as needed to promote guest
			 safety.
(4) All parking areas and
			 walkways shall be illuminated for guest safety and shall be kept free of
			 debris.
(5) All unused or discarded
			 equipment and materials shall be removed from the premises, except when placed
			 in a designated storage area.
(6)
(A) All exterior balconies, landings,
			 porches, decks, stairways, and ramps shall be kept in good repair and free of
			 debris and shall be illuminated for guest safety.
(B) Storage on stairs, landings, and ramps
			 shall be prohibited.
(C) All guards
			 and railings shall be attached securely and shall be kept in good
			 repair.
(D) All ramps shall have a
			 slip-resistant surface.
(E) All
			 exterior stairways, ramps, landings, and walkways shall be kept free of ice and
			 snow.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-16 - Swimming pools, recreational water facilities, and hot tubs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General
			 requirements. Each licensee shall ensure that all swimming pools, recreational
			 water facilities, and hot tubs are kept sanitary and in good repair.
(1) Each swimming pool, RWF, and hot tub
			 shall meet the requirements in these regulations, unless local ordinances
			 pertaining to planning and design, lifesaving and safety equipment, water
			 quality, and sanitation exist and these ordinances are as restrictive or more
			 restrictive than these regulations.
(2) Each licensee shall maintain records of
			 each inspection conducted by a local regulatory agency for at least one year.
			 The inspection records shall be made available for review by the secretary,
			 upon request.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-17 - Water supply systems

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) Sufficient
			 potable water to meet the needs of the lodging establishment shall be provided
			 from a source constructed and operated pursuant to
			 K.S.A.
			 65-161 et seq., and amendments
			 thereto.
(b) No water supply system
			 deemed unsafe by the secretary shall be used as a potable water
			 supply.
(c)
(1) Each nonpublic water supply system shall
			 be constructed, maintained, and operated as specified in
			 K.S.A.
			 65-161 et seq., and amendments
			 thereto.
(2) All water from a
			 nonpublic water supply system shall meet the state drinking water quality
			 standards specified in
			 K.S.A.
			 65-161 et seq., and amendments thereto. The
			 most recent sample report for the nonpublic water supply system used by the
			 lodging establishment shall be retained for at least 12 months at the lodging
			 establishment and shall be made available to the secretary upon
			 request.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-18 - Sewage systems

Current through Register Vol. 43, No. 28, July 11, 2024
Each licensee shall ensure that all of the following
				requirements are met:
(a) All sewage
			 shall be disposed of through an approved facility, including one of the
			 following:
(1) A public sewage treatment
			 plant; or
(2) an individual sewage
			 disposal system that is constructed, maintained, and operated according to
			 K.S.A.
			 65-161 et seq., and amendments thereto, and
			 meets all applicable sanitation requirements.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-19 - Electrical systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each licensee shall ensure that the electrical wiring is installed and
			 maintained in accordance with all applicable local electrical codes. In the
			 absence of local electrical codes, the electrical wiring shall be installed and
			 maintained by a licensed electrician. Each licensee shall ensure that all of
			 the following requirements are met:
(1)
(A) Each newly constructed lodging
			 establishment shall have a ground-fault circuit interrupter in each electrical
			 outlet located within five feet of any water source, including a swimming pool
			 and hot tub.
(B) Each existing
			 lodging establishment in which major renovation or rewiring has occurred shall
			 be required to have a ground-fault circuit interrupter in each electrical
			 outlet located within five feet of any water source, including a swimming pool
			 and hot tub.
(C) Each licensee
			 shall ensure that the lodging establishment has a ground-fault circuit
			 interrupter in each electrical outlet located within five feet of any water
			 source, including a swimming pool and hot tub.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-20 - Plumbing systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each licensee shall ensure that all plumbing is installed and maintained in
			 accordance with all applicable local plumbing codes. In the absence of local
			 plumbing codes, all plumbing shall be installed and maintained by a licensed
			 plumber.
(b) Each licensee shall
			 ensure that all of the following requirements are met:
(1) Potable water under pressure shall be
			 available at all times at each fixture designed to provide water. Hot water
			 shall be provided to each fixture designed to use hot water.
(2) Each toilet room, bathing facility, and
			 laundry area shall be provided with ventilation to minimize condensation and to
			 prevent mold, algae, and odors.
Each newly constructed lodging establishment and each lodging
				establishment undergoing major renovation shall be required to have mechanical
				ventilation in each toilet room, bathing facility, and laundry area.
(3) Each fixture drain shall be
			 plumbed with a P-trap.
(4) All
			 openings for the passage of plumbing shall be verminproof.
(5) No fitting, connection, device, or method
			 of installation of plumbing shall obstruct or retard the flow of water, wastes,
			 sewage, or air in the drainage or venting system.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-21 - Heating, ventilation, and air-conditioning (HVAC) systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee
			 shall ensure that each guest room has heating, ventilation, and related heating
			 and ventilation equipment.
(1) All equipment
			 shall be installed according to the manufacturer's directions and shall be kept
			 in operating condition.
(2) A means
			 to control the temperature in the guest room shall be provided in each guest
			 room that is furnished with a separate heating or air-conditioning
			 unit.
(3) If the guest room has
			 air-conditioning, the air-conditioning system shall meet the requirements
			 specified in paragraphs (a)(1) and (2).
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 27 - LODGING ESTABLISHMENTS › Section 4-27-22 - Lodging establishment inspections by qualified individuals, private entities, or public entities

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Supplemental inspection" shall mean an inspection of a lodging establishment
			 conducted by a qualified person employed by a lodging business, lodging trade
			 organization, or local governmental entity and not employed by the Kansas
			 department of agriculture.
(b) Each
			 person who wishes to conduct a supplemental inspection of a lodging
			 establishment shall complete the following requirements:
(1) Submit to the secretary, or the
			 secretary's designee, a written letter of application and statement describing
			 the applicant's knowledge of lodging standards established pursuant to
			 K.S.A.
			 36-506, and amendments thereto, acquired by
			 education, training, and experience; and
(2) answer at least 80% of the questions
			 correctly to pass a written examination administered by the secretary, or
			 secretary's designee. The written examination shall test the applicant's
			 knowledge of lodging standards established pursuant to
			 K.S.A.
			 36-506, and amendments thereto.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-1 - Definition; specialized processing

Current through Register Vol. 43, No. 28, July 11, 2024
"Specialized processing" shall mean any food preparation method
				having an increased risk of foodborne illness associated with improper
				implementation, including the following:
(a) Smoking food as a method of food
			 preservation rather than as a method of flavor enhancement;
(b) curing food;
(c) canning food, except for fruit jams,
			 jellies, and preserves;
(d) using
			 food additives or adding components, which may include vinegar, for either of
			 the following:
(1) A method of food
			 preservation rather than flavor enhancement; or
(2) a method to render a food so that the
			 food does not require time and temperature control for food safety;
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-2 - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The following federal regulations are hereby adopted by reference, except as
			 otherwise indicated in this subsection:
(1)9
			 C.F.R. Parts 317, excluding 9
			 C.F.R. 317.2(a), 319, 381,
			 and 424, as revised on January 1, 2011;
(2)21 C.F.R. Parts 100 through 186, excluding
			 21 C.F.R.
			 100.1 and
			 100.2, as revised on April 1,
			 2011;
(3)
									21 C.F.R.
			 1030.10, as revised on April 1, 2011;
			 and
(4)40 C.F.R. Part 180, as
			 revised on July 1, 2011.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-5 - Fees; food processing plant

Current through Register Vol. 43, No. 28, July 11, 2024
Each food processing plant shall be licensed by the
				secretary.
(a) Each person operating
			 or intending to operate a food processing plant shall submit an application on
			 a form supplied by the department with one of the following pairs of
			 application fees and license fees based on the size and type of the plant, as
			 applicable:
(1) For each food processing plant
			 that only stores food, one of the following fees:
(A) Less than 1,000 square feet: $150
			 application fee and $160 license fee;
(B) 1,000 square feet through 5,000 square
			 feet: $200 application fee and $175 license fee;
(C) 5,001 square feet through 10,000 square
			 feet: $250 application fee and $250 license fee;
(D) 10,001 square feet through 50,000 square
			 feet: $300 application fee and $300 license fee; or
(E) more than 50,000 square feet: $350
			 application fee and $350 license fee; and
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-6 - Fees; risk levels; food establishment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each food establishment required to be
			 licensed shall be assessed by the secretary for classification by risk level
			 according to this regulation. The following classifications shall be used to
			 determine licensing fees and inspection frequency at food establishments:
(1) A "category I facility" shall mean a food
			 establishment that presents a high relative risk of causing food-borne illness
			 based upon the usage of food-handling processes associated with food-borne
			 illness outbreaks. Factors considered in classifying a food establishment as a
			 category I facility shall include whether the food establishment meets any of
			 the following conditions:
(A) Cooks, cools, or
			 reheats food that requires time and temperature control for safety;
(B) uses freezing as a means to achieve
			 parasite destruction;
(C) handles
			 raw, in-shell molluscan shellfish ingredients;
(D) uses specialized processing;
(E) has a required hazard analysis critical
			 control point plan; or
(F) offers
			 for consumption without further preparation any food containing raw or
			 undercooked eggs, meat, poultry, fish, or shellfish.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-8 - Adoption of Kansas food code

Current through Register Vol. 43, No. 28, July 11, 2024
The document titled "Kansas food code," dated October 20, 2022
				and published by the Kansas department of agriculture's food safety and lodging
				program, is hereby adopted by reference, except for the preface and the
				index.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-9 - Management and personnel

Current through Register Vol. 43, No. 28, July 11, 2024
Chapter two of the 2005 "food code," published by the U.S.
				department of health and human services, is adopted by reference, with the
				following additions, deletions, and substitutions:
(a) Wherever the phrase "PERMIT HOLDER"
			 appears in this chapter, the phrase shall be deleted and shall be replaced by
			 the word "LICENSEE."
(b) Wherever
			 the parenthetical phrase "(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)" appears
			 in this chapter, the phrase shall be deleted.
(c)
(1) In
			 the first sentence of subpart 2-102.11, the words "of foodborne illness" shall
			 be added between the words "RISKS" and "inherent."
(2) Subpart 2-102.11(A) shall be deleted.
(3) Subpart 2-102.11(B) shall be
			 redesignated as "(A)," and the words "OR APPROVED" shall be inserted after
			 "ACCREDITED."
(4)
(A) Subpart 2-102.11 (C) shall be
			 redesignated as "(B)."
(B) In
			 subpart 2-102.11(C)(8)(b), the word "Bare" shall be added before the word
			 "Hand."
(C) In subpart 2.102.11,
			 paragraph (C)(9) shall be deleted and replaced by the following paragraph:
"Describing FOODS identified as MAJOR FOOD ALLERGENS that could
				cause an allergic reaction in a sensitive individual."
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-23 - Sidewalk or street display of food products; prohibitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The sidewalk or street display or sale of
			 fresh meat and meat products, fresh seafood and fish, fresh poultry, and any
			 other foods that require time and temperature control for safety shall be
			 prohibited.
(b) Any food product,
			 other than those products listed in subsection (a), that ordinarily is washed,
			 peeled, pared, or cooked in the course of preparation for consumption may be
			 displayed in street and sidewalk displays if the product is in containers that
			 are at least six inches above the surface of the sidewalk or street.
(c) The street or sidewalk display of all
			 food products not specified in this regulation shall be prohibited unless the
			 products are enclosed to protect the products from flying insects, dust, and
			 other contamination.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-31 - Fees; education facility with a school lunch program or satellite school lunch program

Current through Register Vol. 43, No. 28, July 11, 2024
Each education facility with a school lunch program or
				satellite school lunch program subject to the national school lunch act, 42
				U.S.C. §1751 et seq., shall be licensed by the secretary.
(a) Each of the following terms, as used in
			 this regulation, shall have the meaning specified in this subsection:
(1) "Education facility with a school lunch
			 program" means any school, institution, or other organization providing meals
			 to children through the national school lunch program of the division of food
			 and nutrition services, United States department of agriculture.
(2) "Satellite school lunch program" means
			 any program offered through an education facility with a school lunch program
			 that is operated at a different location as designated by the education
			 facility. A satellite school lunch program does not have on-site food
			 preparation, except portioning food for service.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-32 - Vehicles used in transportation

Current through Register Vol. 43, No. 28, July 11, 2024
Each vehicle used in the transportation of food shall be kept
				in a condition by which food cannot become adulterated. During transport, the
				food shall be protected from physical, chemical, and microbial contamination
				and degradation by the use of the following:
(a) Clean and sanitary transportation
			 vehicles and containers; and
(b)
			 temperature-control measures meeting the department's requirements.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-33 - Sanitation and hygiene requirements for exempt food establishments

Current through Register Vol. 43, No. 28, July 11, 2024
Each food establishment exempted from licensure in
				K.S.A.
				65-689, and amendments thereto, shall meet
				the following requirements:
(a) Food
			 preparation areas shall be protected from environmental contamination,
			 including rain, dust, and pests.
(b) Food contact surfaces, including cutting
			 boards, utensils, and dishes, shall be cleaned, rinsed, and sanitized before
			 food-handling activities begin and also as necessary. Hot, potable water and a
			 dishwashing detergent shall be used for cleaning operations. Clean, hot,
			 potable water shall be used for rinsing. Sanitizing shall be accomplished by
			 immersing each item in a chlorine bleach solution of 50 to 100 parts per
			 million for 10 seconds and allowing the item to air-dry. A sanitizer labeled
			 for use on food contact surfaces may be used instead of chlorine bleach.
			 Warewashing activities shall be conducted in easily cleanable sinks or
			 food-grade tubs large enough to accommodate immersion of the largest
			 items.
(c) Animals shall not be
			 permitted in food preparation areas.
(d) Food and utensils shall be protected from
			 contamination.
(e) A potable water
			 supply shall be provided. Commercially bottled water or water from a private
			 system may be used.
(1) If water is supplied
			 from a private system, including a well or spring, the private system shall
			 meet the local water system test requirements. If local requirements do not
			 exist, the water shall meet the following standards, with testing obtained by
			 the operator of the food establishment at least annually:
(A) Nitrates shall be less than 20 milligrams
			 per kilogram.
(B) Total coliforms
			 shall be zero colony-forming units.
(C) Fecal coliforms shall be zero
			 colony-forming units.
The current copy of the testing shall be made available upon
				request.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 28 - FOOD SAFETY › Section 4-28-34 - Exemption from licensure; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person who is exempt under
			 K.S.A.
			 65-689(d)(7), and amendments
			 thereto, from licensure for operating a food establishment shall post at the
			 point of sale a placard or sign that states, in letters at least one-quarter
			 inch high and in contrasting color to the background, that the food
			 establishment is not subject to routine inspection by the Kansas department of
			 agriculture.
(b) As used in
			 K.S.A.
			 65-689(d)(7) and amendments
			 thereto, each of the following terms shall have the meaning specified in this
			 subsection:
(1) "Community or humanitarian
			 purposes" shall mean purposes for the common good, including building or
			 refurbishing playgrounds or parks, preserving historic public buildings,
			 religious organization fundraising, promoting human welfare including disaster
			 relief, providing food to the food-insecure, providing shelter for humans, and
			 similar activities.
(2)
			 "Educational or youth activities" shall mean activities associated with an
			 early childhood, elementary, secondary, or postsecondary school or activities
			 for persons less than 21 years of age that engage these persons in
			 recreational, educational, or social activities, including sports teams, summer
			 camps, music programs, arts programs, and similar activities.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 33 - MILL LEVY ASSESSMENT › Section 4-33-1 - Mill levy assessment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in paragraph (b) of this regulation, soybeans marketed through
			 commercial channels in the state of Kansas shall be assessed at 20 mills per
			 bushel. The assessment shall be levied and assessed to the grower at the time
			 of sale.
(b) Whenever a federal
			 marketing order issued pursuant to the soybean promotion, research, and
			 consumer information act ,
			 section
			 1965 of
			 public law
			 101-624 (7 U.S.C.A. 6301 et seq.) establishing a
			 national checkoff program for soybeans becomes effective, all soybean
			 assessments shall be assessed as provided in K.A.R. 4-33-2. As long as the
			 federal marketing order remains in effect, no assessments shall be collected
			 pursuant to paragraph (a) of this regulation.
(c) This regulation shall be in force and
			 effect from and after September 1, 1991.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 33 - MILL LEVY ASSESSMENT › Section 4-33-2 - Assessment under federal marketing order

Current through Register Vol. 43, No. 28, July 11, 2024
(a) While any
			 federal marketing order issued pursuant to the soybean promotion, research, and
			 consumer information act ,
			 section
			 1965 of
			 public law
			 101-624 (7 U.S.C.A. 6301 et seq.) is in effect,
			 soybeans-marketed through commercial channels in the state of Kansas shall be
			 assessed at the rate of one-half of 1 percent of the net market price of
			 soybeans sold by the producer or grower to the first purchaser. The assessment
			 shall be levied and assessed to the producer or grower at the time of sale.
(b) This regulation shall be in
			 force and effect from and after September 1, 1991.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in this article of the
				department's regulations, shall have the meaning specified in this
				regulation:
(a) "Act" means the
			 commercial industrial hemp act, K.S.A. 2019 Supp.
			 2-3901
			 et seq. and amendments thereto.
(b)
			 "Administrative license" means a license issued to any of the following:
(1) An individual appointed as a member of
			 the state advisory board;
(2) an
			 individual employed by the designated certifying agency who requires licensure
			 as a result of the individual's assigned employment duties and is involved in
			 the administration of the designated certifying agency's responsibilities
			 pursuant to the pilot program;
(3)
			 an individual employed by the department who is involved in the administration,
			 regulation, or oversight of the pilot program or an individual employed by the
			 department who requires licensure as a result of the individual's assigned
			 employment duties; or
(4) an
			 individual who is an employee or agent of a bank, financial institution, or
			 other creditor that has a legal right to take possession of industrial hemp for
			 the purposes of settling a debt.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-2 - Certified seed

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 All certified seed shall be considered "agricultural seed" subject to the
			 Kansas agricultural seed act,
			 K.S.A. 2-1415 et seq.
			 and amendments thereto, and the implementing regulations.
(b) No certification of seed shall be made
			 unless by or on the authority of the designated certifying agency.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-3 - License approval process

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each individual wanting to conduct research pursuant to the pilot program shall
			 submit or be listed on a completed, accurate, and legible research license
			 application. Each research license application shall be submitted on a form
			 provided by the department and shall designate the individual wanting to be the
			 primary licensee and all proposed licensees. Each research license application
			 shall include a research proposal and all required state and national criminal
			 history record check and application fees, except that an individual wanting to
			 be a primary licensee on a state educational institution license shall not be
			 required to submit an application fee.
(b) Each individual issued an administrative
			 license, each individual wanting to be a primary licensee, and each individual
			 listed on a research license application shall meet the following requirements:
(1) Be fingerprinted and submit to a state
			 and national criminal history record check, which shall be performed by the
			 Kansas bureau of investigation;
(2)
			 submit payment for the fingerprint-based criminal history record check to the
			 Kansas bureau of investigation; and
(3) submit payment for the costs of
			 fingerprinting to the law enforcement agency that provided the fingerprinting
			 services.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-4 - Research license applications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each individual wanting to be a primary
			 licensee shall identify the following on the research license application:
(1) Each owner of all land, structures, and
			 buildings where any proposed research will be conducted;
(2) each owner of all motor vehicles that
			 will be used to distribute or transport industrial hemp plants, plant parts,
			 grain, or seeds;
(3) each
			 individual that will own 10 percent or more of the industrial hemp plants,
			 plant parts, grain, or seeds being cultivated, planted, or grown; and
(4) each individual that will otherwise be
			 involved in the research proposal, including those individuals that will be
			 engaged in the purchasing, researching, cultivating, planting, growing,
			 handling, harvesting, conditioning, storing, distributing, transporting,
			 processing, studying, analyzing, or selling of industrial hemp plants, plant
			 parts, grain, or seeds.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-5 - Licenses issued by the department; general requirements for licensees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each license
			 issued by the department shall establish the requirements governing each
			 licensee's participation in the pilot program. Any violation of the terms and
			 conditions specified in a license may result in the revocation of any license
			 held by the licensee and denial of future applications. Each licensee shall
			 comply with all instructions from representatives of the department and local,
			 state, and federal law enforcement agencies pertaining to the licensee's
			 involvement in the pilot program.
(b) Before cultivating, planting, growing,
			 handling, harvesting, conditioning, storing, distributing, transporting,
			 processing, researching, overseeing, studying, or analyzing industrial hemp
			 plants, plant parts, grain, or seeds for research purposes at any location in
			 Kansas, each individual shall obtain a license issued by the
			 department.
(c) Before a license is
			 issued by the department, license fees shall be paid as required by K.A.R.
			 4-34-12. Failure by the individual wanting to be the primary licensee to pay
			 the license fees within 15 days of receipt of notice of conditional approval
			 shall terminate the approval process of the research license application, and
			 the requested licenses shall not be issued by the department.
(d) Except in the case of the death of the
			 primary licensee, a license issued by the department shall not be sold or
			 transferred. If the primary licensee dies, any individual listed on the
			 research license application that has also been issued a license may request
			 that the department modify the license as required by K.A.R. 4-34-13.
(e)
(1)
			 Each licensee shall use or allow to be used as part of the pilot program only
			 industrial hemp plants, plant parts, grain, or seeds from varieties currently
			 designated by the department as approved varieties of industrial hemp. The
			 department's document titled "approved varieties of industrial hemp for
			 planting," dated October 15, 2018, is hereby adopted by reference.
(2) Upon request of the individual wanting to
			 be the primary licensee, any licensees listed on that individual's research
			 license application may be authorized by the secretary to cultivate, plant,
			 grow, handle, harvest, condition, store, distribute, transport, or process
			 varieties of industrial hemp other than those varieties identified under
			 paragraph (e)(1), if doing so is appropriate and consistent with the
			 individual's research proposal.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-6 - Research grower license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In
			 addition to the requirements of K.A.R. 4-34-5, each individual who is issued a
			 research grower license by the department shall meet the following
			 requirements:
(1) Obtain industrial hemp
			 plants or certified seeds from a licensed research distributor or from legally
			 imported sources of industrial hemp;
(2) obtain and retain a copy of each seed
			 label for all certified seed planted, cultivated, or grown;
(3) obtain and retain a copy of the following
			 documents, if applicable:
(A) The research
			 grower license of the primary licensee that cultivated, planted, grew, handled,
			 harvested, conditioned, stored, distributed, or transported the industrial hemp
			 plants or seeds being received;
(B)
			 the research distributor license of the primary licensee that handled,
			 conditioned, stored, distributed, or transported the industrial hemp plants or
			 seeds being received; and
(C) the
			 harvest certificate pertaining to the industrial hemp plants or seeds being
			 received by the licensee or a bill of lading or other documentation identifying
			 the source of the industrial hemp plants or seeds being
			 received;
(4) ensure that
			 industrial hemp plants, plant parts, grain, or seeds are not interplanted with
			 any other crop in any research area;
(5) ensure that a copy of the harvest
			 certificate pertaining to the industrial hemp plants, plant parts, grain, or
			 seeds that were harvested or a bill of lading or other documentation
			 identifying the source of the industrial hemp plants, plant parts, grain, or
			 seeds accompanies the industrial hemp plants, plant parts, grain, or seeds
			 being transported;
(6) ensure that
			 industrial hemp plants, plant parts, grain, or seeds are not commingled with
			 any other commodity or other items being transported; and
(7) survey and monitor any unlicensed growing
			 areas, whether inactive or previously licensed as part of any research area, or
			 never been licensed, including any ditches, fence lines, and other unmanaged
			 land areas adjacent to the research areas, for volunteer plants and destroy any
			 volunteer plants during the current license year and for at least three years
			 after the last date of planting reported to the department.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-7 - Research distributor license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In addition to the requirements of K.A.R.
			 4-34-5, each individual who is issued a research distributor license by the
			 department shall meet the following requirements:
(1) Obtain industrial hemp plants, plant
			 parts, grain, or seeds from a licensed research grower, licensed research
			 distributor, or licensed research processor or from legally imported sources of
			 industrial hemp;
(2) obtain and
			 retain a copy of the following documents, if applicable:
(A) The research grower license of the
			 primary licensee that cultivated, planted, grew, handled, harvested,
			 conditioned, stored, distributed, or transported the industrial hemp plants,
			 plant parts, grain, or seeds being received;
(B) the research distributor license of the
			 primary licensee that handled, conditioned, stored, distributed, or transported
			 the industrial hemp plants, plant parts, grain, or seeds being
			 received;
(C) the research
			 processor license of the primary licensee that handled or stored the industrial
			 hemp plants, plant parts, or grain being received; and
(D) the harvest certificate pertaining to the
			 industrial hemp plants, plant parts, grain, or seeds being received by the
			 licensee or a bill of lading or other documentation identifying the source of
			 the industrial hemp plants, plant parts, grain, or seed being received by the
			 licensee;
(3) ensure that
			 a copy of the harvest certificate pertaining to the industrial hemp plants,
			 plant parts, grain, or seeds that were harvested or a bill of lading or other
			 documentation identifying the source of the industrial hemp plants, plant
			 parts, grain, or seeds accompanies the industrial hemp plants, plant parts,
			 grain, or seeds being distributed or transported; and
(4) ensure that industrial hemp plants, plant
			 parts, grain, or seeds are not commingled with any other commodity or other
			 items being distributed or transported.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-8 - Research processor license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In addition to the requirements of K.A.R.
			 4-34-5, each individual who is issued a research processor license by the
			 department shall meet the following requirements:
(1) Obtain industrial hemp plants, plant
			 parts, or grain from a licensed research grower or licensed research
			 distributor or from legally imported sources of industrial hemp;
(2) devitalize any industrial hemp grain
			 within 10 days of receipt and take appropriate security measures to ensure that
			 the industrial hemp grain cannot be stolen before it is devitalized;
(3) obtain and retain a copy of the following
			 documents, if applicable:
(A) The research
			 grower license of the primary licensee that cultivated, planted, grew, handled,
			 harvested, conditioned, stored, distributed, or transported the industrial hemp
			 plants, plant parts, or grain being received;
(B) the research distributor license of the
			 primary licensee that handled, conditioned, stored, distributed, or transported
			 the industrial hemp plants, plant parts, or grain being received; and
(C) the harvest certificate pertaining to the
			 industrial hemp plants, plant parts, or grain being received by the licensee or
			 a bill of lading or other documentation identifying the source of the
			 industrial hemp plants, plant parts, or grain being received; and
(4) ensure that a copy of the
			 harvest certificate pertaining to the industrial hemp plants, plant parts, or
			 grain that was harvested or a bill of lading or other documentation identifying
			 the source of the industrial hemp plants, plant parts, or grain accompanies the
			 industrial hemp plants, plant parts, or grain being processed.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 34 - INDUSTRIAL HEMP › Section 4-34-10 - Administrative license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) an
			 administrative license may be issued to any individual specified in K.A.R.
			 4-34-1(b).
(b) Before being issued
			 an administrative license, each individual shall be required to undergo and
			 pass the state and national criminal history record check as specified in
			 K.A.R. 4-34-3.
(c) Each
			 administrative license shall identify the activities that the licensee is
			 authorized to undertake, including handling, inspecting, sampling, testing, and
			 transporting industrial hemp plants, plant parts, grain, or seeds.
(d) No application fee or license fee shall
			 be assessed for any administrative license issued pursuant to this
			 regulation.