Kansas Administrative Code

Fees; education facility with a school lunch program or satellite school lunch program. 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)…

Vehicles used in transportation. 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 …

Sanitation and hygiene re- quirements for exempt food establishments. Each food establishment exempted from licen- sure in K.S.A. 65-689, and amendments thereto, shall meet the following requirements: (a) Food preparation areas shall be protected from envi- ronmental contaminatio…

Exemption from licensure; defi- nitions. (a) Each person who is exempt under K.S.A. 65-689(d)(7), and amendments thereto, from licensure for operating a food establish- ment shall post at the point of sale a placard or sign that states, in letters at least one-quarter inch high a…

(Authorized by K.S.A. 36-504; imple- menting K.S.A. 36-504 and L. 2004, Ch. 192, Sec. 2; effective Feb. 18, 2005; revoked Oct. 26, 2012.)

Fees; food processing plant. Each food processing plant shall be licensed by the secretary. (a) Each person operating or intending to op- erate a food processing plant shall submit an ap- plication on a form supplied by the department with one of the following pairs of applicatio…

Fees; risk levels; food establish- ment. (a) Each food establishment required to be licensed shall be assessed by the secretary for clas- sification by risk level according to this regulation. The following classifications shall be used to de- termine licensing fees and inspectio…

(Authorized by K.S.A. 2010 Supp. 36-503; implementing K.S.A. 2010 Supp. 36-503 and K.S.A. 2010 Supp. 74-582; effective Feb. 18, 2005;amended,T-4-6-30-11,July1,2011;amend- ed Oct. 28, 2011; revoked Oct. 26, 2012.)

Adoption of Kansas food code. The document titled “Kansas food code,” dated July 1, 2012 and published by the division of food safety and lodging of the Kansas department of agriculture, is hereby adopted by reference. (Au- thorized by and implementing K.S.A. 2011 Supp. 65-688, a…

(Authorized by K.S.A. 2-1013; effective Jan. 1, 1966; revoked May 1, 1982.)

Urea. Urea and ammonium salts of carbonic and phosphoric acids are acceptable ingredients in proprietary cattle, sheep and goat feeds only; that these materials shall be consid- ered adulterants in proprietary feeds for other an- imals and birds; and that the following statement …

Registration. (a) After a commer- cial feeding stuffs is registered under the act, no further registration is required by persons selling the product, provided it remains in the registrant’s 131 Commercial Feeding Stuffs 4-3-35 properly labeled, original unbroken, immediate conta…

Permit system. (a) The permit hold- er shall keep the records of sales available for in- spection for a period of three years. (b) The secretary may cancel the permit if: (1)Theholderfailstoreportandpaytheinspec- tion fee within thirty days after due and payable; (2) Refuses to p…

Hearing. (a) The notice of hearing as specified in K.S.A. 2-1010, shall be in writing, and mailed first-class to the record address of the manufacturer or dealer. The person so notified shall be given an opportunity to present his views in writing or by representative. (b) Upon r…

Artificial color. Artificial colors shall be considered an adulterant in a commercial feed- ing stuffs whereby its use would tend to enhance the natural color or conceal inferiority. Dyes certi- fied for use under the federal food, drug and cos- meticactmaybeusedtoindicatethedist…

Name of unmixed by-product feeds containing screenings or scourings.Un- mixed by-product feeds, to which either screen- ings or scourings or both have been added, shall be labeled to clearly indicate this fact in the name. The word “screenings” or “scourings” together with the ki…

Definitions. (a) International chick unit of vitamin D is the activity produced by one unit of vitamin D in the U. S. pharmacopoeia “vi- tamin D reference standard” determined accord- ing to the method of the association of official ag- ricultural chemists. (b) “U.S.P.” means the…

Legibility and conspicuousness. (a) A word, statement, or other information required by or under the authority of the act or these regu- lations to appear on the label may lack that legibil- ity and conspicuousness by reason of: (1) The failure of this word, statement, or infor- …

(Authorized by K.S.A. 2-1013; effec- tive Jan. 1, 1966; revoked May 1, 1981.) 4-3-31 to 4-3-33. (Authorized by K.S.A. 2-1013; effective Jan. 1, 1966; amended Jan. 1, 1972; revoked May 1, 1981.)

(Authorized by K.S.A. 2-1013; effec- tive Jan. 1, 1966; amended Jan. 1, 1972; amended May 1, 1980; revoked May 1, 1981.)

(Authorized by K.S.A. 2-1013; effec- tive Jan. 1, 1966; amended Jan. 1, 1972; revoked May 1, 1981.) 132 DEPARTMENT OF AGRICULTURE 4-3-36

(Authorized by K.S.A. 2-1013; effec- tive Jan. 1, 1966; revoked May 1, 1981.) 4-3-37 to 4-3-40. (Authorized by K.S.A. 2-1013; effective Jan. 1, 1966; amended Jan. 1, 1972; revoked May 1, 1981.)

(Authorized by K.S.A. 2-1013; effective Jan. 1, 1966; revoked May 1, 1982.)

(Authorized by K.S.A. 2-1013; effec- tive Jan. 1, 1966; amended Jan. 1, 1972; amended May 1, 1980; revoked May 1, 1981.) 4-3-42 and 4-3-43. (Authorized by K.S.A. 2-1013; effective Jan. 1, 1966; amended Jan. 1, 1972; revoked May 1, 1981.) 4-3-44 and 4-3-45. (Authorized by K.S.A. 2…

(Authorized by K.S.A. 2-1013; effec- tive Jan. 1, 1972; revoked May 1, 1981.)

Adoption by reference. (a) The fol- lowing portions of the “2010 official publication” copyrighted in 2010 by the association of Ameri- can feed control officials incorporated are hereby adopted by reference and shall apply to commer- cial feeding stuffs in this state: (1) Regula…

(Authorized by K.S.A. 2-1013 as amended by L. 1987, Ch. 7, Sec. 1; implement- ing K.S.A. 2-1002 and 2-1013 as amended by L. 1987, Ch. 7, Sec. 1; effective May 1, 1981; amend- ed May 1, 1982; amended May 1, 1984; amended May 1, 1988; revoked April 29, 2011.)

Good manufacturing practices; adoption by reference. (a) Except for those portions excluded by this subsection, 21 CFR Parts 225 and 226, as revised on April 1, 2010, are hereby adopted by reference and shall apply to good manufacturing practices for the production of commercial …

The name. (a) The name shall not be misleading or deceptive, or tend to mislead or deceive as to the materials of which the com- mercial feeding stuffs is composed. The name of a non-medicated feed shall be considered mislead- ing or deceptive if: (1) It includes or suggests the …

Good manufacturing practices; definitions. The following terms as used in 21 C.F.R. Parts 225 and 226, which are adopted by reference in K.A.R. 4-3-49, shall have the follow- ing meanings: (a) The term “form,” referred to either by number or by any other designation, shall mean a…

Prohibited feeding stuffs; adop- tion by reference. (a) The following portions of 21 CFR Part 589, revised on April 1, 2010, with the changes specified in this subsection, are here- by adopted by reference and shall apply to the production of all commercial feeding stuffs and cus…

Name and address of manufactur- er. An unqualified name and address given on the label shall mean the name and address of the manufacturer. If the registrant’s name appears on the label and the registrant is not the manufactur- 130 DEPARTMENT OF AGRICULTURE 4-3-7 er, or if the na…

Ingredient statement. (a) The spe- cific name of each ingredient or collective term or terms shall be shown on the label. When a col- lective term or terms for a group of ingredients is used on the label, individual ingredients with- in the group shall not be listed on the label.…

Vitamin products, carriers and preparations. Vitamin products, carriers and preparations shall be labeled to show information orguarantiesastovitamincontentinmilligramsper pound,exceptthatvitaminAshallbestatedinUnit- ed States pharmacopoeia (U.S.P.) units per pound, vitaminDinpro…

Feeds containing drug ingredients. Commercial feeding stuffs containing drug ingre- dients intended or represented for the cure, mit- igation, treatment or prevention of any disease or ailment of livestock and/or poultry, and substanc- es other than feeds intended to affect the s…

Mill levy assessment. (a) Except as provided in paragraph (b) of this regulation, soy- beans marketed through commercial channels in the state of Kansas shall be assessed at 20 mills per bushel. The assessment shall be levied and as- sessed to the grower at the time of sale. (b) …

Assessment under federal mar- keting order. (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 chan…

Definitions. 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…

Administrative license. (a) An ad- ministrative license may be issued to any individ- ual specified in K.A.R. 4-34-1(b). (b) Before being issued an administrative li- cense, each individual shall be required to under- go and pass the state and national criminal history record che…

State advisory board. (a) The board established by the secretary pursuant to K.S.A. 2018 Supp. 2-3902, and amendments thereto, shall be recognized as the state advisory board. Members shall be appointed by the secre- tary. The state advisory board shall consist of at least five a…

Failure by the individual wanting to be the primary licensee to pay the license fees with- in 15 days of receipt of notice of conditional ap- proval shall terminate the approval process of the research license application, and the requested licenses shall not be issued by the dep…

Modification of license. (a) Each primary licensee who wants to modify that indi- vidual’s license or the license of any individual listed on the research license application shall submit a modification request form and the re- quired fee, except as specified in paragraph (d) (2)…

Land-use restrictions. (a) A licensee shall not cultivate, plant, grow, handle, harvest, condition, store, distribute, transport, or process any plants, plant parts, grain, or seeds of the genus cannabis that are not industrial hemp. (b)Alicenseeshallnotcultivate,plant,grow,han- …

Movement of industrial hemp; restrictions on sale or transfer of industrial hemp; compliance with applicable law. (a) The movement of all industrial hemp plants, plant parts, grain, or seeds into, out of, or within Kansas shall be at the licensee’s expense and risk. (b) A license…

Voluntary withdrawal; voluntary partial destruction. (a) Any licensee may volun- tarily withdraw from the pilot program after pro- viding the department with written notice of the intent to do so. Notice shall be provided at least 30 days before the intended withdrawal date, exce…

Pre-harvest and harvest re- quirements; harvest certificates. (a) Each primary licensee shall notify the department of 261 Industrial Hemp 4-34-18 every intended harvest date in a pre-harvest re- port at least 30 days before each intended harvest date. Each primary licensee shall…

The initial pre-harvest sample shall not require an additional sampling fee or testing fee. (d) Before harvesting any industrial hemp plants, plant parts, grain, or seeds, the licensee shall be required to receive a passing report of analysis from the department. After issuance o…

Post-harvest inspection; sample collection; testing and post-testing actions. (a) Each licensee shall allow the department to inspect and sample industrial hemp plants, plant parts, grain, or seeds any time after the industrial hemp plants, plant parts, grain, or seeds have been …

Certified seed. (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 imple- menting regulations. (b) No certification of seed shall be made unless by or on the authority o…

Reports. (a) Each report required by the department shall be submitted on a form provided by the department. Each licensee shall submit the complete, accurate, and legible reports on or before the date required. (b) A primary licensee on a research grower li- cense shall submit a…