Chapter 65, PUBLIC HEALTH

65-5a11. Cooperation with other state agencies; recommendations to legislature. The secretary of health and environment shall cooperate with any and all other departments and boards of the state now or hereafter created, endeavor to coordinate the efforts of all persons and agenc…

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 …

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 ch…

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…

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 wit…

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 constr…

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 …

65-643. Caustic or corrosive substances; definition of terms. When used in this act, unless the context or subject matter otherwise requires, the following shall be held and construed to mean as follows: A. The terms "dangerous caustic or corrosive substance" means each and all o…

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 contain…

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…

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 th…

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 dis…

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…

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. 192…

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, dr…

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. Cross Refe…

65-656. Definitions. For the purpose of this act: (a) "Secretary" means the secretary of agriculture or the secretary's authorized representatives. (b) "Person" means an individual, partnership, governmental entity, corporation, or association of persons. (c) "Food" means: (1) Ar…

65-657. Same; unlawful acts. The following acts and the causing thereof within the state of Kansas are hereby prohibited: (a) The processing, storage or distribution of any food, drug, device or cosmetic that is adulterated or misbranded. (b) The adulteration or misbranding of an…

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 injunc…

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 …

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 adequat…

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 a…

65-664. Same; food deemed adulterated, when. A food shall be deemed to be adulterated: (a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be consid…

65-665. Food deemed misbranded, when. A food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food, unless its label bears, in type of…

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 co…

65-669. Same; drugs or devices deemed misbranded, when. A drug or device 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 manufactur…

65-669a. New drugs; selling, offering or giving away, restrictions; investigational uses. (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has been approved and such approval has not been wit…

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…

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 …

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 …

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 u…

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 there…

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…

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 theret…

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 …

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 …

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…

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 gener…

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…

65-688. Retail food establishments and food processing plants; inspection fees; rules and regulations. (a) In order to reimburse the state of Kansas for inspections by the secretary of food establishments and food processing plants, the secretary shall adopt rules and regulations…

65-689. Same; license requirements, fees, inspections, denial, hearing, display; exceptions. (a) It shall be unlawful for any person to engage in the business of conducting a food establishment or food processing plant unless such person shall have in effect a valid license there…

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 t…

65-691. Food establishments and food processing plants; licensure. (a) Except as otherwise provided in this section, any license issued under the provisions of this act shall expire on March 31 following the date of issuance. Licensees may renew licenses by applying to the secret…

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 dete…

65-693. Food establishments, dogs permitted inside or outside; conditions required to permit. (a) Notwithstanding any other provisions of state law, a food establishment, as defined in K.S.A. 65-656, and amendments thereto, that is a microbrewery as defined in K.S.A. 41-102, and …

65-694. Individualized investigative treatments; definitions; use of patient's biospecimen; availability of treatment; administrative actions; private cause of action not created; citation of act. (a) As used in this act, unless the context otherwise requires: (1) "Biospecimen" m…

65-6a18. Definitions. As used in this act: (a) "Secretary" means the secretary of agriculture. (b) "Person" means any individual, partnership, firm, corporation, association or other business unit or governmental entity. (c) "Broker" means any person, firm or corporation engaged …

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, § …

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…

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 shal…