Kansas Administrative Code

Rules and licenses posted. (a) Each school or shop shall keep a copy of the san- itation regulations adopted by the Kansas depart- ment of health and environment, the inspection report for the school or shop, and the license of the school or shop posted in a conspicuous place. (b…

Enforcement. (a) The holder or holders of a shop or school license and the per- son in charge of any such shop or school shall be liable for implementing and maintaining all applicable sanitary regulations individually and jointly with all persons employed by or working in or on …

Personal cleanliness. (a) The per- son and the uniform or attire worn by an individu- al serving a patron shall at all times be clean. (b) Each person shall thoroughly wash his or her hands with soap and water or any equally effective cleansing solution before serving each patron…

Infectious disease. (a) No person afflicted with an infectious or communicable dis- ease, which may be transmitted during the perfor- mance of the acts of barbering shall be permitted to work or train in a school or shop. (b) No school or shop shall require or permit a student or…

Towels. (a) After a towel has once been used, it shall be deposited in a closed recep- tacle, and shall not again be used until properly laundered and sanitized. (b) Used towels shall be laundered either by regular commercial laundering or by a noncom- mercial laundering process …

Headrests and shampoo bowls. (a) Clean cloth or clean tissue shall be placed on headrests before serving each patron. When the headrest is not in use, it shall be kept in a clean place, free from dust and dirt. (b) A shampoo bowl or sink with hot and cold running water shall be n…

Bottles and containers. All bot- tles and containers in use shall be distinctly and correctly labeled to disclose their contents. All bottles containing poisonous or caustic substanc- es shall be additionally and distinctly marked as such. (Authorized by and implementing K.S.A. 1…

Liquids, creams, powders and other preparations. (a) All liquids, creams, and other preparations shall be kept in properly la- beled, clean and closed containers. Powders shall be kept in a clean shaker. (b) When only a portion of a preparation is to be used on a patron, it shall…

Neck strips. The hair cloth shall never be permitted to come in direct contact with the neck of the patron. Sanitary neck strips or tow- els must be used at all times to prevent such con- tacts. (Authorized by and implementing K.S.A. 1991 Supp. 65-1,148; effective Aug. 23, 1993.)

Instruments and supplies. (a) All supplies and instruments which come in direct contact with a patron and cannot be disinfected shall be disposed of in a covered waste receptacle immediately after use. (b) No person training or working in a school or establishment shall be permit…

(Authorized by K.S.A. 65-603, 65- 6a03; effective Jan. 1, 1966; revoked May 1, 1980.)

(Authorized by K.S.A. 1979 Supp. 65-673; effective May 1, 1980; revoked May 10, 1996.) HOUSEHOLD ARTICLES A. GENERAL REGULATIONS

Definitions. (a) The term “hazard- ous substance” as used in these regulations shall mean any substance or mixture of substances which: (1) is toxic, (2) is corrosive, (3) is an irritant, (4) is flammable, (5) is radioactive, or (6) generates pressure through decomposition, heat …

Articles containing toxic metal compounds. Paints, varnishes and similar prod- ucts containing not more than one percent of lead as metal (Pb), and not containing compounds of antimony, arsenic, cadmium, mercury, selenium, or barium (when soluble by stirring for 10 minutes with 5…

Articles marked “do not take internally.” The words “do not take internally” may be omitted from the labeling of articles de- 524 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-27-12 scribed in 28-27-10 except in the case of clear liq- uids, such as thinners. Regardless of flash point, …

Flash point, definition. “Flash point” shall mean, for the purposes of these reg- ulations, the flash point as determined by the Tagliabue open cup method, as specified in the American society for testing materials method D1310-55T. The percentage of lead shall be de- termined as…

Odorless solvents. Products de- scribed in 28-27-10 which contain “odorless” sol- vents shall be labeled with appropriate cautionary statements specified in 28-27-10, but the words “use with adequate ventilation” shall be in type two points larger than the type used for the rest …

Articles containing toxic metal compounds. Paints, varnishes, and similar prod- ucts containing more than one percent of lead as metal (Pb) in compound, or containing a com- poundofantimony,arsenic,cadmium,mercury,se- lenium or barium (when soluble by stirring for 10 minutes with…

Articles containing lead; la- beling. When more than one percent of lead is the only harmful compound used in a product described in 28-27-14 the words “contains lead or other compounds harmful if eaten” may be changed to “contains more than one percent lead (Pb) harmful if eaten…

Articles containing harm- ful solvents. Paints, varnishes, paint removers and similar products, not described in 28-27-14 containing significant amounts of materials or solvents which may be harmful shall bear cau- tionary statements warning the user of hazards existing in their …

Labeling. Every retail package of a hazardous substance intended for household use which is offered for sale in this state, except those for which specific regulations are hereinafter pro- 523 Hazardous Household Articles 28-27-11 vided, shall bear a label containing the followin…

Toys bearing toxic paints pro- hibited. The sale of any toy is prohibited if it is coated with paints and lacquers containing com- pounds of lead of which the lead content (calcu- lated as Pb), is in excess of 1 percent of the total weightofthecontainedsolids(includingpigments an…

Toys made of toxic plastics prohibited. The sale of any toy made in whole or in part of a plastic containing leachable toxic constituents is prohibited. (Authorized by K.S.A. 1965 Supp. 65-2703; effective Jan. 1, 1966.)

Toys filled with toxic fluids pro- hibited. The sale of any toy filled with any toxic fluid which might be injurious upon breakage or leakage is prohibited. (Authorized by K.S.A. 1965 Supp. 65-2703; effective Jan. 1, 1966.)

Bubble forming materials to be non-toxic. Materials intended for blowing bubbles, whether aqueous or plastic, shall be composed only of materials which are non-toxic by ingestion, inhalation, absorption through the skin or through the eyes. (Authorized by K.S.A. 1965 Supp. 65-270…

Fuels for toys and models, la- beling. Fuels for use in toys or models shall bear all the labeling information required under 28-27- 2. (Authorized by K.S.A. 1965 Supp. 65-2703; ef- fective Jan. 1, 1966.)

Pigments, solvents or bodies in certain toys to be non-toxic. Pigments, solvents or bodies used in such toys as crayons, chalks, modeling clays, doughs, etc. shall be non-toxic. (Authorized by K.S.A. 1965 Supp. 65-2703; effec- tive Jan. 1, 1966.) D. INSECTICIDE VAPORIZING DEVICES

Prominence of required infor- mation. All statements required in these regula- tionstoappearonthelabelsofhouseholdproducts shall be located prominently thereon and shall be printed in English in legible type in contrast by typography, layout, or color with other printed material …

Devices for vaporizing chlo- rinated hydrocarbons prohibited. No person, corporateornatural,shalladvertiseorlabelanyde- vice, intended for household use which is designed and intended to vaporize by heat any chlorinated hydrocarbon insecticide, in such a manner as to suggest, imp…

Metal polishes containing cy- anides prohibited. The sale, offering for sale, or holding for sale in Kansas of any metal polish intended for household use which contains any cyanides or substances which may react to pro- duce the cyanide radical (CN) is prohibited. (Au- thorized …

Small package exemptions. On labels of packages where the size of the contain- er makes it impractical to include all of the sub- ject matter required by 28-27-2, the statement of precautionary measures describing action to be followed or avoided may be abbreviated and the instru…

Practical equivalent of wording permitted. Use of language on labels which is the practical equivalent of that suggested in 28- 27-2 shall constitute compliance with these reg- ulations, except that no words shall be regarded as the practical equivalent of the word “POISON” or “P…

(Authorized by and implementing K.S.A. 1981 Supp. 65-3406; effective Jan. 1, 1972; amended, E-79-22, Sept. 1, 1978; amended May 1, 1979; amended May 1, 1982; revoked May 10, 1996.)

Denial or revocation of per- mits. (a) A permit may be denied or revoked for any of the following reasons: (1) Misrepresentation or omission of a signifi- cant fact by the permittee either in the application for the permit or in information subsequently re- ported to the departme…

Applicability. (a) The provi- sions of K.A.R. 28-29-100 through K.A.R. 28-29- 121 shall apply to all municipal landfills receiv- ing waste on or after October 9, 1991. Facilities receiving waste after October 9, 1991, but that stop receiving waste before October 9, 1993 shall onl…

(Authorized by K.S.A. 1993 Supp. 65-3406; implementing K.S.A. 65-3401; ef- fective Oct. 24, 1994; revoked May 30, 2003.)

Location restrictions. (a) Air- port safety. (1) Each owner or operator of a new MSWLF unit and existing MSWLF unit which is located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end…

Small landfills. (a) Any owner or operator of a new or existing municipal land- fill may request an exemption from the design re- quirements in K.A.R. 28-29-104, as amended, if these conditions are met: (1) the MSWLF receives and disposes of less than 20 tons of municipal solid w…

Design standards. (a) General design standards. (1)Existingunits.Anyportionofatrenchorarea of an existing unit not filled to its permitted design capacity by October 9, 1996, shall be considered a vertical expansion subject to the standards in K.A.R. 28-29-104(a)(2), or a new uni…

Operating standards. (a) Ex- cluding the receipt of hazardous waste. Owners or operators of all MSWLF units shall implement a program at the facility for detecting and prevent- ing the disposal of regulated hazardous wastes as defined pursuant to K.A.R. 28-31-3 and K.A.R. 28-31-4…

Special waste. (a) Disposal of special waste. Any person may dispose of special waste, as defined in K.A.R. 28-29-3, if all of the following conditions are met. (1) The person disposes of the special waste at a permitted municipal solid waste landfill (MSWLF). (2) A special waste…

(Authorized by K.S.A. 65-3406; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; revoked, E-82-8, April 10, 1981; revoked May 1, 1982.)

Household hazardous waste. General. (a) Applicability. K.A.R. 28-29- 1100 through K.A.R. 28-29-1107 shall apply to each household hazardous waste facility as de- fined in K.S.A. 65-3402, and amendments there- to. Subsection (f) of this regulation shall apply to collection events …

Household hazardous waste facility design. The owner or operator of each HHW facility shall perform the following: (a) Design and construct each access road to accommodate expected traffic flow in a safe and efficient manner; (b) construct the floor or base of each house- hold wa…

Household hazardous waste facility operations. (a) Nonhazardous household waste. (1) Each HHW facility operator shall store and manage all NHHW according to the facility’s op- erating plan and the following requirements: (A) Place the NHHW in the designated area, as described in …

Mobile HHW collection units. Each permitted facility that transports HHW from a temporary collection site or from a satellite HHW facility to a permitted HHW facili- ty shall perform the following: (a) Clearly mark “Household hazardous waste” on both sides of the mobile collectio…

Satellite HHW facilities. (a) “Satellite HHW facility” shall mean any perma- nent HHW collection site, located away from the central collection center, that is part of a permit- ted HHW program. (b) Each person who owns or operates a satel- lite HHW facility shall meet all of the…

HHW reporting and re- cordkeeping. (a) The owner or operator of each HHW facility shall submit an annual report to the departmentonaformfurnishedbythedepartment. (b) The owner or operator of each HHW facility shall maintain a copy of the approved design plan, closure plan, and al…

HHW facility closure. The owner or operator of each HHW facility shall meet the following requirements: (a) Notify the department at least 60 days be- fore beginning closure; (b) remove all household waste within 90 days after last receiving waste; and (c) submit to the departmen…

HHW permits. (a) Each per- son that plans to establish an HHW facility shall submit a permit application to the department on a form supplied by the department. The applicant shall include with the permit application the fol- lowing items: (1) Facility design plan. The facility d…