Kansas Administrative Code

Agreements to apply waste. Each agreement for the application of waste on land owned by a person or persons other than the swine facility that is required to prepare a nutrient utilization plan shall be in writing. (Authorized by K.S.A. 2-3305 and K.S.A. 2-3309; implementing K.S.…

Recordkeeping. (a) Each swine fa- cility that is required to prepare a nutrient utili- zation plan shall keep records required by the law for the five years immediately preceding the date of the then-current inspection or for the years the swine facility operates after January 1,…

Exceeding the agronomic rate for phosphorus-holding capacity. A phos- phorus soil analysis, as required by the secretary, shall be deemed to exceed the agronomic rate for phosphorus-holding capacity of the soil in a field if any of the following conditions is met: (a) The average…

(Authorized by and implementing L. 1986, Ch. 24, section 2; effective, T-87-39, Nov. 19, 1986; effective May 1, 1987; revoked Dec. 26, 1988.)

Grain bank grain. (a) Grain bank grain shall be considered to be the same as storage grain and shall be subject to the same regulations as those for storage grain. For grain that is pro- cessed by each public warehouseman in whose warehouse the grain was originally deposited for …

Allowance to licensed ware- houses for the purpose of handling and stor- age of dry edible beans. For the purpose of al- lowing public licensed warehouses to handle and store dry edible beans, the definition of the word “grain” in K.S.A. 34-223, and amendments there- to, shall in…

Financial statements. (a) The fi- nancial statement of an applicant for a license or the financial statement of an existing grain ware- house shall show that current liquid assets equal or exceed current liabilities. If liabilities exceed liquid assets, the bond required by K.S.A…

Appraisals. (a) If the financial statement of a public warehouseman does not re- flect assets sufficient to comply with the net worth requirements of K.S.A. 34-228, and amendments thereto, the public warehouseman may acquire an appraisal. Each appraisal prepared pursuant to this …

Successor agreement. (a) In each successor’s agreement, grain in open storage, grain bankgrain,orwarehousereceiptsshallbeidentified separately. The public warehouseman whose liabil- ity is being assumed shall report within five days of closing,orwithinareasonabletimeapprovedbythe…

Definition of 12-month period. The inspection required by K.S.A. 34-228, and amendments thereto, shall be conducted at least once in the 12-month period commencing July 1 of each year. (Authorized by K.S.A. 34-102; im- plementing K.S.A. 34-102 and 34-228; effective March 8, 2002.…

Fees and charges. (a) The annual fee for a public warehouse license shall be com- puted as follows, based on the capacity of the pub- lic warehouse: Capacity in Bushels Annual Fee 1 to 100,000.....................................................................$400.00 100,001 to …

Transfer of grain between pub- lic warehouses. (a) A public warehouseman, as defined by K.S.A. 34-223, and amendments there- to, who lacks sufficient space and desires to trans- fer grain for which valid receipts have been issued may transfer this grain either by physical move- m…

Credit for unexpired portion of license on new or amended license. A succes- sor to a current license holder may prorate the unused portion of the license fee to reduce the amount of a new license fee if the change in the successor is solely a change in the name of the li- cense …

Record retention. (a) Each public warehouseman shall retain the following docu- ments for at least six years after the public ware- houseman is no longer liable for the grain speci- fied in the document: (1) Scale tickets; (2) evidence of cancelled checks; (3) customer ledgers; (…

Return of documents. Each pub- lic warehouseman shall return to the secretary all unused warehouse receipts and all Kansas public warehouseman licenses when either of the follow- ing occurs: (a) The public warehouseman is no longer en- gaged in business as a public warehouseman. …

Storage space; exception. No por- tion of the total bulk grain capacity shall be de- leted from the licensed capacity of a public ware- house if this portion is an integral part of any one unit under license and is equipped for grain han- dling and warehousing. However, any part …

Storage liability reports. (a) The “examiner’s copy” of all executed warehouse receipts for the previous month shall be post- marked by the fifth of each month and mailed to the secretary. (b) Each local public warehouseman shall main- tain current and complete records at all tim…

Secretary’s right to seal bins and weigh grain. Any grain on hand for which there are outstanding warehouse receipts may be weighed and required to be stored in sealed bins or tanks by the secretary. (Authorized by K.S.A. 34-102; implementing K.S.A. 34-102 and 34-239; effective M…

Public warehouse receipts; form. The form used for warehouse receipts shall con- form to the provisions of K.S.A. 34-239 and all other applicable sections of chapter 34 of the Kan- sas statutes annotated, and amendments thereto, and shall include, as a part of the form, the follo…

Scale tickets; inbound form. (a) When a depositor leaves grain in any warehouse licensed under the provisions of chapter 34 of the Kansas statutes annotated, and amendments there- to, the grain shall be weighed and graded as provid- edbythelawsandregulationsofthestateofKansas. (b…

Scale tickets; outbound form. (a) When, by any means of transportation except by rail or water, a public warehouseman licensed un- dertheprovisionsofchapter34oftheKansasstat- utes annotated, and amendments thereto, ships or transfers grain, grain shall be weighed as provided by t…

Lodging establishment applica- tion fees. The application fee for each lodging establishment doing business in Kansas shall be based on the number of rooms as follows: (a) 1 room through 29 rooms: $100; and (b) 30 rooms or more: $200. (Authorized by K.S.A. 2010 Supp. 36-506; impl…

Dishware and utensils. Each licensee shall ensure that all of the following re- quirements 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.Nocrackedorch…

Housekeeping and laundry fa- cilities; maintenance supplies and equip- ment. Each licensee shall ensure that all house- 232 DEPARTMENT OF AGRICULTURE 4-27-12 keeping and laundry facilities and equipment are clean and maintained in good repair. Each licens- ee shall ensure that al…

Poisonous or toxic materials. 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 beallowedonthepremises,includingthefollowing…

Public indoor areas. Each licens- ee shall ensure that all of the following require- ments 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, an…

Ice and ice dispensing. Each licensee shall ensure that all of the following re- quirements 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 constructe…

Exterior premises. 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, …

Swimming pools, recreation- al water facilities, and hot tubs. (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 r…

Water supply systems. Each licensee shall ensure that all of the following re- quirements 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 amendment…

Sewage systems. Each licens- ee shall ensure that all of the following require- ments 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 i…

Electrical systems. (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 elec…

Definitions. (a) “Bathhouse” shall mean a room provided to guests, including a locker room, shower room, or other similar room, where guests can shower, store personal items, or change into appropriate clothing for use in the spa. (b) “Bed and breakfast home” shall mean a boardin…

Plumbing systems. (a) Each licensee shall ensure that all plumbing is installed and maintained in accordance with all applica- ble local plumbing codes. In the absence of local plumbing codes, all plumbing shall be installed and maintained by a licensed plumber. (b) Each licensee…

Heating, ventilation, and air conditioning (HVAC) systems. (a) Each licens- ee 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 k…

Lodging establishment inspec- tions by qualified individuals, private entities, or public entities. (a) “Supplemental inspection” shall mean an inspection of a lodging establish- mentconductedbyaqualifiedperson employedby a lodging business, lodging trade organization, or local g…

Licensure; plans and specifica- tions; variances. (a) Each person applying for a license to operate a lodging establishment shall submit the following to the secretary: (1) A completed application and the required application and license fees; and (2) if required by subsection (b…

Food service and food safety. Each person operating a guest house that serves foodtothegeneralpublic,inadditiontoovernight guests, shall obtain a food establishment license in accordance with K.S.A. 65-688 et seq., and amendments thereto. (Authorized by and imple- menting K.S.A. …

Imminent health hazard. (a) Each licensee shall discontinue operations of the affect- ed portions of the lodging establishment on dis- covery that an imminent health hazard exists. (b) Each licensee shall notify the secretary with- in 12 hours of the discovery of an imminent heal…

General requirements. (a) Each licensee shall meet all of the following require- ments: (1) Post the license in a location in the lodging establishment that is conspicuous to guests; (2) comply with the provisions of these regu- lations, including the conditions of any granted va…

Personnel; health, cleanliness, and clothing. Each licensee shall ensure that all of the following requirements are met: (a) Health of employees. Each employee with any of the fol- lowing health problems shall be excluded from a lodging establishment: (1) The employee is infected…

Guest and public safety. (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 es- tablishment, the licensee may be required by the secretary to retain the services of a professio…

Guest rooms. Each licensee shall ensure that each guest room is kept clean, is in good repair, and is maintained with regard to the healthandsafetyofeachguest,inaccordancewith all of the following requirements: (a) The walls, floors, ceilings, doors, and windows shall be con- str…

Definition; specialized process- ing. “Specialized processing” shall mean any food preparation method having an increased risk of foodborne illness associated with improper imple- mentation, including the following: (a) Smoking food as a method of food preserva- tionratherthanasa…

(Authorized by K.S.A. 36-507 and 65-626 and K.S.A. 2007 Supp. 65-673 and 74-582; implementing K.S.A. 36-503, 36-507, 65-626, and 65-662 and K.S.A. 2007 Supp. 65-673; effective Feb. 29, 2008; revoked April 26, 2013.)

(Authorized by K.S.A. 36-507 and 65-626; implementing K.S.A. 36-507 and 65-626 and K.S.A. 2006 Supp. 74-581; effective Feb. 29, 2008; revoked April 26, 2013.)

(Authorized by K.S.A. 65-673 and K.S.A. 2008 Supp. 74-581; implementing K.S.A. 65- 659; effective June 4, 2010; revoked Feb. 8, 2013.) 4-28-19 through 4-28-22. (Authorized by K.S.A. 65-663, K.S.A. 2008 Supp. 65-673, and K.S.A. 2008 Supp. 74-581; implementing K.S.A. 65- 663; effec…

Adoption by reference. (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 1…

Sidewalk or street display of food products; prohibitions. (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 tem- perature control for safety shall be prohibited. (b) Any fo…

(Authorized by K.S.A. 2003 Supp. 36- 503; implementing K.S.A. 2003 Supp. 36-503 and L. 2004, Ch. 192, Sec. 2; effective Feb. 18, 2005; revoked Oct. 26, 2012.)