Chapter 65 — PUBLIC HEALTH

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…

65-651. History: L. 1945, ch. 255, § 1; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

65-652. History: L. 1945, ch. 255, § 2; L. 1973, ch. 106, § 17; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sc…

65-653. History: L. 1945, ch. 255, § 3; L. 1974, ch. 352, § 96; L. 1975, ch. 312, § 8; L. 2010, ch. 72, § 4; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF ST…

65-654. History: L. 1945, ch. 255, § 4; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

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…

65-659. History: L. 1953, ch. 286, § 5; L. 1974, ch. 352, § 100; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived S…

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 …

65-661. History: L. 1953, ch. 286, § 7; L. 1974, ch. 352, § 102; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived S…

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…

65-666. History: L. 1953, ch. 286, § 12; L. 1974, ch. 352, § 106; L. 1988, ch. 356, § 186; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Se…

65-667. History: L. 1953, ch. 286, § 13; L. 1965, ch. 377, § 4; L. 1974, ch. 352, § 107; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sess…

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 …

65-673. History: L. 1953, ch. 286, § 19; L. 1965, ch. 506, § 27; L. 1974, ch. 352, § 112; L. 1982, ch. 258, § 5; L. 1988, ch. 356, § 188; L. 2004, ch. 145, § 21; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archi…

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…

65-676. History: L. 1953, ch. 286, § 22; L. 1974, ch. 352, § 115; L. 2010, ch. 72, § 10; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sess…

65-677. History: L. 1953, ch. 286, § 23; L. 1974, ch. 352, § 116; L. 1975, ch. 312, § 9; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sess…

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 …

65-681. History: L. 1974, ch. 1, § 1; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USE…

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…

65-683. History: L. 1974, ch. 1, § 3; L. 1975, ch. 462, § 73; L. 2010, ch. 72, § 12; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session …

65-684. History: L. 1974, ch. 1, § 4; L. 1975, ch. 462, § 74; L. 2010, ch. 72, § 13; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session …

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…

65-686. History: L. 1974, ch. 1, § 6; L. 1975, ch. 462, § 76; L. 2010, ch. 72, § 15; Repealed, L. 2012, ch. 145, § 33; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session …

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…

65-688a. History: L. 2001, ch. 203, § 2; L. 2002, ch. 91, § 16; L. 2004, ch. 101, § 170; Repealed, L. 2005, ch. 186, § 22; May 12. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sess…

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…

65-6a03. History: L. 1945, ch. 254, § 3; L. 1965, ch. 506, § 28; Repealed, L. 1969, ch. 296, § 30; December 1. CASE ANNOTATIONS 1. Proper pleading for instituting prosecution for violation of regulations is information. State v. Farmers Union Co-operative Association, 170 Kan. 17…