(a) The term "flour" includes and shall be limited to the foods defined as (1) flour, white flour, wheat flour, plain flour, (2) bromated flour, (3) self-rising flour, self-rising white flour, self-rising wheat flour, and (4) phosphated flour, phosphated white flour, and phosphated wheat flour but excludes whole wheat flour and also excludes special flours not used for bread, roll, bun or biscuit baking, such as specialty cake, pancake and pastry flours in the definitions and standards of identity and quality adopted and published by the secretary of health and environment under the authority vested in the secretary by the Kansas food, drug and cosmetic act.
(b) The term "enriched" as applied to flour, means the addition to flour of the vitamins and minerals necessary to make it conform to definition and standard of identity of enriched flour, enriched bromated flour, enriched self-rising flour or enriched phosphated flour, as the case may be as fixed and established by the secretary of health and environment under authority vested in the secretary by the general food and drug acts, such standards to be identical with those established by the proper federal agency under the federal food, drug, and cosmetic act of 1938, unless in the opinion of the secretary changes made in the federal standards subsequent to the effective date of this act will not serve the best interests of the citizens of the state of Kansas or are oppressive to the milling and baking industries of the state.
(c) The term "enriched" as applied to white bread or rolls, means the addition to white bread or rolls of the vitamins and minerals necessary to make it conform to the definition and standard of identity of enriched white bread or rolls as fixed and established by the secretary of health and environment under authority vested in the secretary by the general food and drug acts, such standards to be identical with those established by the proper federal agency under the federal food, drug and cosmetic act of 1938, unless in the opinion of the secretary, changes made in the federal standards subsequent to the effective date of this act, will not serve the best interests of the citizens of the state of Kansas or are oppressive to the baking industry of the state. The enrichment of white bread or rolls may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched white bread or rolls which meet the requirements of this subsection; but iron shall be added only in forms that are assimilable and harmless and which do not impair the enriched bread or rolls.
(d) The term "white bread" means any bread, whether baked in a pan or on a hearth or screen which is commonly known or usually represented and sold as white bread, including but not restricted to Vienna bread, French bread, Italian bread and any bread which is included in the definition and standard of identity for "white bread" adopted by the secretary of health and environment under authority vested in it by the general food and drug acts.
(e) "Rolls" include plain white rolls and buns of the semibread dough type, such as soft rolls, hamburger, hot dog, parker house, hard rolls such as Vienna, kaiser, etc., all made without fillings or icings but shall not include yeast-raised sweet rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc.
(f) The term "secretary" shall mean the secretary of health and environment.
(g) The term "person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust or an unincorporated organization to the extent engaged in the manufacture of or sale of flour, white bread or rolls.
History: L. 1947, ch. 331, § 1; L. 1975, ch. 462, § 97; July 1.
History: L. 1947, ch. 331, § 2; L. 1975, ch. 462, § 98; July 1.
History: L. 1947, ch. 331, § 3; L. 1975, ch. 462, § 99; July 1.
History: L. 1947, ch. 331, § 4; June 30.
(b) In the event of findings by the secretary that there is an existing or imminent shortage of any ingredient required to enrich flour, white bread or rolls in order to comply with this act, and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement of this act, the secretary shall issue an order, to be effective immediately upon issuance, permitting the omission of such ingredient from flour or white bread or rolls; and if the secretary finds it necessary or appropriate, excepting such foods from the labeling requirements of this act until the further order of the secretary. Any such findings may be made without hearing on the basis of an order or of factual information supplied by the appropriate agency or officer. In the absence of any such order of the appropriate agency or factual information supplied by it, the secretary on the secretary's own motion may, and upon receiving the sworn statement of 10 or more persons subject to this act that they believe such a shortage exists or is imminent shall hold a public hearing as provided in subsection (f) with respect thereto, at which any interested person may present evidence; and shall make findings based upon the evidence presented.
(c) Whenever the secretary has reason to believe that such shortage no longer exists, the secretary shall hold a public hearing as provided in subsection (f), after notice shall have been given as provided in K.S.A. 77-421 prior to adoption of rules and regulations, at which any interested person may present evidence, and the secretary shall make findings based upon the evidence so presented. If the secretary's findings be that such shortage no longer exists, the secretary shall issue an order revoking such previous order. Undisposed floor stocks of flour on hand at the effective date of such revocation order, or flour manufactured prior to such effective date, for sale in this state may thereafter be lawfully sold or disposed of.
(d) All orders and rules and regulations adopted by the secretary pursuant to this act shall become effective as provided by law.
(e) For the purposes of this act, the secretary is authorized to take samples for analysis and to conduct examinations and investigations through any officers or employees under the secretary's supervision, and all such officers and employees shall have authority to enter, at reasonable times, any factory, mill, warehouse, shop or establishment where flour, white bread or rolls are manufactured, processed, packed, sold, or held, or any vehicle being used for the transportation thereof, and to inspect any such place or vehicle and any flour, white bread or rolls therein, and all pertinent equipment, materials, containers and labeling.
(f) All administrative proceedings conducted pursuant to article 23 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be conducted in accordance with the provisions of the Kansas administrative procedures act and the act for judicial review and civil enforcement of agency actions. In conducting the hearing the secretary or the presiding officer may issue subpoenas to compel the attendance of witnesses, administer oaths, take testimony, require the production of books, papers, records, correspondence or other documents which the secretary or the presiding officer deems relevant and render decisions. In case of the refusal of any person to comply with any subpoena issued under this section or to testify with respect to any matter about which the person may be lawfully questioned, the district court of any county on application of the secretary may issue an order requiring such person to comply with the subpoena and to testify, and any failure to obey the order of the court may be punished by the court as a contempt thereof.
History: L. 1947, ch. 331, § 5; L. 1965, ch. 506, § 32; L. 1975, ch. 462, § 100; L. 1982, ch. 258, § 8; L. 2004, ch. 145, § 24; July 1, 2005.
History: L. 1947, ch. 331, § 6; L. 1975, ch. 462, § 101; July 1.
History: L. 1947, ch. 331, § 7; June 30.