History: L. 1927, ch. 242, § 2; L. 1990, ch. 219, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 3; L. 1990, ch. 219, § 2; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 4; L. 1985, ch. 212, § 1; L. 1990, ch. 219, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 5; L. 1971, ch. 208, § 1; L. 1990, ch. 219, § 4; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 6; L. 1971, ch. 208, § 2; L. 1990, ch. 219, § 5; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 7; L. 1933, ch. 86, § 1 (Special Session); L. 1990, ch. 219, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 8; L. 1939, ch. 238, § 1; L. 1959, ch. 252, § 1; L. 1963, ch. 313, § 1; L. 1965, ch. 378, § 1; L. 1984, ch. 227, § 1; L. 1985, ch. 213, § 1; L. 1990, ch. 219, § 7; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 9; L. 1949, ch. 330, § 1; L. 1959, ch. 253, § 1; L. 1973, ch. 2, § 30; L. 1982, ch. 4, § 14; L. 1984, ch. 228, § 1; L. 1990, ch. 219, § 8; L. 1994, ch. 336, § 10; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1973, ch. 2, § 31; L. 1994, ch. 336, § 11; L. 2001, ch. 5, § 223; Repealed, L. 2001, ch. 167, § 16; July 1.
History: L. 1909, ch. 237, § 11; R.S. 1923, 65-709; Repealed, L. 1927, ch. 242, § 14; March 31.
History: L. 1871, ch. 57, § 1; R.S. 1923, 65-710; Repealed, L. 1927, ch. 242, § 14; March 31.
History: L. 1874, ch. 83, § 1; R.S. 1923, 65-711; Repealed, L. 1927, ch. 242, § 14; March 31.
History: L. 1923, ch. 226, §§ 1 to 3; R.S. 1923, 65-712 to 65-714; Repealed, L. 1927, ch. 242, § 14; March 31.
History: L. 1927, ch. 242, § 10; L. 1959, ch. 253, § 2; L. 1990, ch. 219, § 9; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 11; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1927, ch. 242, § 12; Repealed, L. 1959, ch. 253, § 4; July 1.
History: L. 1927, ch. 242, § 13; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1949, ch. 330, § 2; L. 1959, ch. 253, § 3; L. 1982, ch. 4, § 15; L. 1984, ch. 228, § 2; L. 1990, ch. 219, § 10; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1949, ch. 330, § 3; L. 1965, ch. 378, § 2; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1965, ch. 378, § 3; L. 1989, ch. 190, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1965, ch. 378, § 4; L. 1984, ch. 228, § 3; L. 1990, ch. 238, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1965, ch. 378, § 5; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1965, ch. 378, § 6; L. 1967, ch. 339, § 2; L. 1990, ch. 238, § 2; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1965, ch. 378, § 7; Repealed, L. 1990, ch. 238, § 3; July 1.
History: L. 1967, ch. 339, §§ 1, 3; Repealed, L. 1990, ch. 238, § 3; July 1.
History: L. 1990, ch. 219, §§ 11 to 21; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1949, ch. 330, § 4; Repealed, L. 1959, ch. 253, § 4; July 1.
History: L. 1951, ch. 364, §§ 1 to 3; Repealed, L. 1967, ch. 340, § 8; L. 1968, ch. 297, § 4; July 1, 1970.
History: L. 1953, ch. 8, §§ 1 to 8; Repealed, L. 1984, ch. 227, § 2; July 1.
History: L. 1955, ch. 288, §§ 1, 2; Repealed, L. 1990, ch. 238, § 3; July 1.
History: L. 1957, ch. 342, §§ 1, 2; Repealed, L. 1965, ch. 378, § 8; June 30.
History: L. 1961, ch. 291, § 1; L. 1967, ch. 340, § 1; L. 1971, ch. 209, § 1; L. 1975, ch. 315, § 1; L. 1975, ch. 462, § 81; L. 1985, ch. 212, § 2; L. 1990, ch. 220, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1967, ch. 340, § 2; L. 1968, ch. 297, § 1; L. 1975, ch. 315, § 2; L. 1975, ch. 462, § 82; L. 1985, ch. 212, § 3; L. 1990, ch. 220, § 3; L. 1992, ch. 192, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1967, ch. 340, § 3; L. 1974, ch. 348, § 26; L. 1975, ch. 416, § 6; L. 1982, ch. 347, § 24; Repealed, L. 1992, ch. 192, § 17; July 1.
History: L. 1967, ch. 340, § 4; L. 1975, ch. 462, § 83; L. 1985, ch. 212, § 4; L. 1990, ch. 220, § 4; Repealed, L. 1992, ch. 192, § 17; July 1.
History: L. 1961, ch. 291, § 2; L. 1967, ch. 340, § 6; L. 1968, ch. 297, § 2; L. 1970, ch. 253, § 8; L. 1975, ch. 315, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1967, ch. 340, § 5; L. 1968, ch. 297, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1961, ch. 291, § 3; Repealed, L. 1967, ch. 340, § 8; L. 1968, ch. 297, § 4; July 1, 1970.
History: L. 1961, ch. 291, § 4; Repealed, L. 1967, ch. 340, § 8; L. 1968, ch. 297 § 4; July 1, 1970.
History: L. 1961, ch. 291, § 5; L. 1967, ch. 340, § 7; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1961, ch. 291, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1968, ch. 120, § 1; Repealed, L. 1975, ch. 315, § 5; July 1.
History: L. 1970, ch. 253, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1970, ch. 253, § 2; L. 1982, ch. 4, § 16; L. 1990, ch. 220, § 5; L. 1991, ch. 186, § 1; L. 1994, ch. 336, § 12; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1970, ch. 253, § 3; L. 1990, ch. 220, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1970, ch. 253, § 4; L. 1975, ch. 315, § 4; L. 1988, ch. 356, § 194; L. 1990, ch. 220, § 7; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1970, ch. 253, § 5; L. 1990, ch. 220, § 8; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1970, ch. 253, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1970, ch. 253, § 7; L. 1973, ch. 2, § 32; L. 1994, ch. 336, § 13; L. 2001, ch. 5, § 224; Repealed, L. 2001, ch. 167, § 16; July 1.
History: L. 1990, ch. 220, §§ 2, 9, 10; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1985, ch. 200, §§ 1 to 6; Repealed, L. 1988, ch. 6, § 1; July 1.
History: L. 1985, ch. 200, § 7; L. 1986, ch. 318, § 89; Repealed, L. 1988, ch. 6, § 1; July 1.
History: L. 1985, ch. 200, §§ 8, 9; Repealed, L. 1988, ch. 6, § 1; July 1.
History: L. 1989, ch. 2, § 1; L. 2001, ch. 5, § 225; Repealed, L. 2001, ch. 167, § 16; July 1.
(a) "Adulterated" has the same meaning as provided in K.S.A. 65-664, and amendments thereto.
(b) "Dairy manufacturing plants" means any place where dairy products, grade A milk or milk products are manufactured or prepared for sale or distribution, either at wholesale or retail. This term shall not include a licensed food service establishment which is licensed to manufacture homemade ice cream pursuant to this act.
(c) "Dairy products" means products which may be made from milk or cream for manufacturing purposes and which are not required to meet grade A standards, including butter, cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated milk, whole or skim, condensed whole milk, condensed skim milk, sweetened or plain, frozen dairy dessert, and frozen dairy dessert mixes and such other products as may be otherwise designated by rules and regulations.
(d) "Frozen dairy dessert" means and includes products containing milk or cream and other ingredients which are frozen or semi-frozen prior to consumption, such as ice cream, ice milk or sherbet, including frozen dairy desserts for special dietary purposes.
(e) "Frozen dairy dessert mix" means the pasteurized unfrozen combination of all ingredients with or without fruits, fruit juices, candy, nut meats, flavor or harmless color which makes a frozen dairy dessert.
(f) "Goat milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy goats. Goat milk sold in retail packages shall contain not less than 2.5 % milkfat and not less than 7.5 % milk solids not fat. Goat milk shall be produced according to the sanitary standards of this act.
(g) "Grade A pasteurized milk" means pasteurized milk which has at least a 90% survey rating, as determined by a survey of the source conducted by the secretary pursuant to the survey rating methods for conducting surveys of the status of milk sanitation. The milk shall meet the requirements for grade A under the rules and regulations adopted pursuant to this act. The secretary may authorize the use of the grade A designation for a temporary time period on grade A pasteurized milk within the statewide system of milk inspection and regulatory services, although such grade A pasteurized milk does not have at least a 90% survey rating.
(h) "Grade A pasteurized milk products" means all pasteurized milk products which have at least a 90% survey rating, as determined by a survey of the source conducted by the secretary pursuant to the survey rating methods for conducting surveys of the status of milk sanitation. The pasteurized milk products shall meet the requirements for grade A under rules and regulations adopted pursuant to this act. The secretary may authorize the use of the grade A designation for a temporary time period on grade A pasteurized milk products within the statewide system of milk inspection and regulatory services, although such grade A pasteurized milk products do not have at least a 90% survey rating.
(i) "Grade A raw milk for pasteurization" means milk having at least 90% survey rating, as determined by a survey of the source conducted by the secretary pursuant to the survey rating methods for conducting surveys of the status of milk sanitation, the raw milk meeting the requirements for grade A under the rules and regulations adopted pursuant to this act. The secretary may authorize the use of the grade A designation for a temporary time period on grade A raw milk for pasteurization within the statewide system of milk inspection and regulatory services, although such milk does not have at least a 90% survey rating.
(j) "Imminent health hazard" means any condition which involves milk, milk products, or dairy products, or any practice or procedure in the handling, transportation, storage, processing or manufacturing of a milk, milk product or dairy product which poses a significant threat of danger to the public health which should be corrected immediately to prevent injury or sickness and which should not be permitted to continue while a hearing or other proceeding is being conducted. An imminent health hazard may be declared at any point in a chain of events which ultimately may result in harm or danger to the public health. The occurrence of the final anticipated injury or other disease related condition shall not be a prerequisite for the establishment of the existence of an imminent health hazard.
(k) "In package form" means any commodity put up or packaged in any manner in advance of sale so as to constitute a unit quantity of the commodity for either wholesale or retail sale, exclusive of any auxiliary container enclosing such packages which individually conform to the requirements of this act.
(l) "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in final package form for beverage use shall have been pasteurized or ultrapasteurized, and shall contain not less than 8.25% milk solids not fat and not less than 3.25% milkfat. Milk may have been adjusted by separating part of the milkfat therefrom, or by adding thereto cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may be homogenized. Milk shall be interpreted to include goat milk.
(m) "Milk distributor" means any person who first sells or offers for sale in Kansas any packaged grade A pasteurized milk, milk product, or dairy product.
(n) "Milk hauler/sampler" means any person who collects official samples and may transport raw milk from a farm or raw milk products to or from a milk plant or both, receiving station or transfer station and has in their possession a permit from any state to sample such products.
(o) "Milk inspection and regulatory services" means the inspection, sampling, laboratory testing and the administrative procedures relating thereto, necessary to determine that the production, processing, distribution and sale of grade A milk, milk products, and dairy products comply with the requirements of this act and any rules and regulations adopted hereunder.
(p) "Milk or cream for manufacturing purposes" means raw milk or raw cream which is not subject to grade A standards and which is produced for processing and manufacturing into dairy products for human consumption. Milk for manufacturing purposes may contain less than 3.25% of butterfat and shall be delivered pure, sweet and clean.
(q) "Milk or cream receiving station" means any place where milk or cream may be received, collected, handled, processed, stored or collected and prepared for further transporting.
(r) "Milk or cream transfer station" means any place where milk or cream are transferred directly from one milk tank truck to another.
(s) "Milk processor" means any person who operates any place, premises or establishment where grade A raw milk for pasteurization or milk or cream for manufacturing purposes is processed, pasteurized, bottled or prepared for distribution.
(t) "Milk producer" means any person who owns or operates a dairy farm and who provides, sells or offers for sale grade A raw milk for pasteurization or milk or cream for manufacturing purposes to a milk plant, receiving station or transfer station.
(u) "Milk products" means cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, nonfat skim milk, reduced fat or lowfat milk, frozen milk concentrate, eggnog, buttermilk, cultured milk, cultured reduced fat or lowfat milk, cultured nonfat skim milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified reduced fat or lowfat milk, acidified nonfat skim milk, low-sodium milk, low-sodium reduced fat or lowfat milk, low-sodium nonfat skim milk, lactose-reduced milk, lactose-reduced reduced fat or lowfat milk, lactose-reduced nonfat skim milk, aseptically processed and packaged milk and milk products, milk, reduced fat or lowfat milk or nonfat skim milk with added safe and suitable microbial organisms and any other milk product made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin or mineral fortification of milk products defined herein. Milk products also include those dairy foods made by modifying the federally standardized products listed in this section in accordance with 21 C.F.R. 130.10, requirements for foods named by use of a nutrient content claim and a standardized term. Milk and milk products which have been retort processed after packaging or which have been concentrated, condensed or dried are included in this definition only if they are used as an ingredient to produce any milk or milk product defined herein or if they are labeled as Grade A as adopted and described by rules and regulations promulgated under this act. Except as otherwise provided, the term milk shall not include dietary products, infant formula, ice cream or other desserts, butter or cheese.
(v) "Misbranded" has the same meaning as ascribed to it in K.S.A. 65-665, and amendments thereto.
(w) "On-farm retail sales of milk or milk products" means the sale of milk or milk products on the farm by the producer from the production of the dairy herd to the final consumer, so long as the person making such sales does not promote the sale of milk or milk products to the public in any manner other than by the erection of a sign upon the premises of the dairy farm. The advertisement upon any such sign shall state that such milk or milk products are raw and shall be in letters of a uniform size. Each container in which any unpasteurized milk is sold or offered for sale shall be clearly labeled as ungraded raw milk.
(x) "Pasteurized" has the same meaning as ascribed to it in 21 C.F.R. 131.3 and 135.3.
(y) "Person" means any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution.
(z) "Plant fabricating single service articles" means any place which manufactures single service articles which are expected to come in contact with grade A milk or grade A milk products.
(aa) "Secretary" means the secretary of the Kansas department of agriculture, or the secretary's designee.
(bb) "Single service article or container" means any container having a milk or milk product-contact surface and used in the packaging, handling, storage or servicing of grade A milk and is intended for one usage only.
History: L. 2001, ch. 32, § 1; L. 2002, ch. 181, § 15; L. 2004, ch. 101, § 171; July 1.
(b) All rules and regulations of the Kansas department of agriculture or the secretary of the Kansas department of agriculture concerning milk, cream and dairy products in existence on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.
History: L. 2001, ch. 32, § 2; L. 2004, ch. 101, § 172; July 1.
(a) Establish a statewide system of milk inspection and regulatory services to insure, by means of uniform inspection and sampling procedures, that all milk and milk products sold in this state at retail to the final consumer, except on-farm retail sales of milk or milk products, shall attain the standard of grade A pasteurized. The secretary may contract with the governing body of any county or incorporated city, or both, for the provision of milk inspection and regulatory services, and compensation shall be made by the secretary for the furnishing of these services;
(b) inspect or cause to be inspected, as often as may be deemed practicable, all businesses licensed pursuant to this act and any other places where milk, milk products or dairy products are produced, manufactured, kept, handled, stored or sold within the state. The secretary may enter any business licensed under this act during regular business hours or any other hours during which business is in operation or any other place where any milk, milk products or dairy products are manufactured, produced, stored, sold or kept for sale or transportation, for the purpose of performing official duties under this act;
(c) prohibit the production and sale of adulterated or misbranded milk, milk products or dairy products;
(d) seize and condemn for food purposes all unclean, adulterated or misbranded milk, milk products or dairy products wherever such milk, milk products or dairy products may be found; and
(e) take or cause to be taken samples of milk, milk products or dairy products and cause the same to be analyzed or tested according to such methods as shall be prescribed by rules and regulations. Such test or analyses shall conform to methods of the association of official analytical chemists or any other such similar organization as determined by the secretary. Such analyses or tests shall be preserved and recorded as evidence, and the certificate of such test, when sworn to by the analyst, shall be admitted in evidence in all prosecutions that may result under the operation of this act.
History: L. 2001, ch. 32, § 3; July 1.
(a) Examine any books and records which are kept by any person who is subject to this act and which pertain to any milk, milk products or dairy products or any fees required to be paid pursuant to this act;
(b) examine under oath or otherwise, any person whom the secretary may believe has knowledge concerning the unlawful operation of any business required to be licensed under this act or any place where milk, milk products or dairy products are produced, bought, sold or stored contrary to the provisions of this act;
(c) issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports and records, and to administer oaths under this act;
(d) cooperate with, contract with, and receive funds from any governmental agency; and
(e) enter into reciprocal agreements with other states governing the inspection of milk, milk products and dairy products.
History: L. 2001, ch. 32, § 4; July 1.
(1) Establishing criteria for the sanitary production, processing, handling, sampling, examination, testing, grading and labeling of all milk, milk products and dairy products sold or produced in the state of Kansas;
(2) providing criteria for the inspection of dairy farms, dairy manufacturing plants, plants fabricating single service articles, milk or cream transfer stations, milk or cream receiving stations, milk haulers and milk distributors;
(3) establishing sanitation standards and equipment and utensil standards for dairy farms, dairy manufacturing plants, plants fabricating single service articles, transfer stations, receiving stations, milk haulers and milk distributors;
(4) establishing standards of identity for milk, milk products and dairy products. Such standards shall take into consideration corresponding federal standards of identity where such standards exist;
(5) prescribing for any person regulated under this act any bookkeeping or reporting requirements deemed necessary by the secretary, including the maintenance of records and making such records available to the secretary;
(6) regarding bacterial and coliform standards or other quality standards for milk, milk products, or dairy products; and
(7) establishing specifications for apparatus and chemicals and procedures for sampling, testing and weighing milk, cream, butter and any other milk products or dairy products. These specifications, directions and other technical requirements shall conform, insofar as practical, to the official methods of analysis of the association of official analytical chemists or any other such similar organization.
(b) Any rules and regulations promulgated under this act shall conform, insofar as practicable, to the pasteurized milk ordinance, and the policies adopted by the interstate milk shippers conference.
History: L. 2001, ch. 32, § 5; L. 2002, ch. 181, § 16; July 1.
(b) No political subdivision of this state shall be permitted to fix or impose any license fee, privilege or occupation tax or other charge against the production premises or the product or against any person as a prerequisite for the movement, distribution or sale of any milk, milk product or dairy products within the state or any political subdivisions thereof, and any sampling performed by any political subdivision in accordance with the provisions of subsection (a) or any testing or inspection of milk or milk products by any political subdivision for epidemiological purposes, shall be performed entirely at the expense of such political subdivision.
(c) The secretary or the secretary's authorized representative shall be notified of any sampling being performed by political subdivisions within the state under the provisions of this section.
History: L. 2001, ch. 32, § 6; July 1.
(b) The secretary is hereby authorized to establish by rules and regulations a schedule of fees for such tests performed by the laboratory which are not performed for regulatory purposes.
History: L. 2001, ch. 32, § 7; July 1.
(b) Any person who engages in business as a distributor of milk, milk products or dairy products shall first apply for and obtain a milk distributor license from the secretary and shall pay a license fee of $120, or commencing July 1, 2002, and ending June 30, 2010, a license fee of $155. No milk distributor license shall be required for a licensed dairy manufacturing plant which distributes only those products which it manufactures.
(c) Any person who engages in business as a milk hauler shall first apply for and obtain a milk hauler license from the secretary and shall pay a license fee of $25 or commencing July 1, 2002, and ending June 30, 2010, a license fee of $35. As part of the application, the secretary may require the applicant to be tested regarding proper procedures for sampling, testing and weighing milk or cream and state laws and rules and regulations.
(d) Any person who operates a milk or cream transfer station or milk or cream receiving station shall first apply for and obtain a milk or cream station license from the secretary and shall pay a license fee of $50, or commencing July 1, 2002, and ending June 30, 2010, a license fee of $65.
(e) Any person who engages in business as a manufacturer of single service dairy containers or manufacturer of single service dairy container closures shall first apply for and obtain a single service manufacturing license from the secretary and shall pay a license fee of $50, or commencing July 1, 2002, and ending June 30, 2010, a license fee of $65.
(f) The dairy manufacturing plant license, milk distributor license, milk or cream station license and single service manufacturing license shall expire on December 31 of the year for which it was issued unless suspended or revoked by the secretary pursuant to this act. The milk hauler license shall expire on June 30 following the date of issuance unless suspended or revoked by the secretary pursuant to this act.
(g) No license issued under this section shall be transferable. No license shall be renewed if any assessments or fees required under this act are delinquent.
(h) Each applicant for a license shall submit an application on a form supplied by the secretary accompanied by the license fee. All licenses shall be conspicuously displayed in the applicant's place of business.
History: L. 2001, ch. 32, § 8; L. 2002, ch. 181, § 17; L. 2004, ch. 85, § 14; July 1.
(b) No permit issued under this section shall be transferable. No permit shall be renewed if any assessments or fees required under this act are delinquent.
History: L. 2001, ch. 32, § 9; July 1.
(a) Been convicted of or pleaded guilty to a violation of this act or any rules and regulations promulgated thereunder;
(b) failed to comply with any provision or requirement of this act or any rules and regulations promulgated thereunder;
(c) interfered with the secretary in the performance of any job duties regarding any inspection or the administration of the provisions of this act;
(d) denied access to premises required to be inspected under the provisions of this act;
(e) failed to pay or remit any required fee or fees, or any part thereof; or
(f) failed to submit a required report, or submitted a false report.
Any such hearing shall be held by the secretary or a presiding officer from the office of administrative hearings.
History: L. 2001, ch. 32, § 10; L. 2004, ch. 145, § 22; July 1, 2005.
(a) A fee of $.01, or commencing July 1, 2002, and ending June 30, 2010, a fee of $.015 for each 100 pounds of milk produced by milk producers under Kansas grade A inspection shall be paid. Each producer is hereby charged with such fee which shall be paid to the milk producers' cooperative, milk processor or milk distributor to whom the milk is sold or delivered. Each cooperative, processor or distributor is hereby charged with the duty of collecting such fees which shall be remitted to the secretary.
(b) A fee of $.01, or commencing July 1, 2002, and ending June 30, 2010, a fee of $.015 for each 100 pounds of packaged grade A pasteurized milk or milk products sold in Kansas at retail to the final consumer shall be paid. Each distributor is hereby charged with such fee which shall be remitted to the secretary.
(c) A fee of $.01, or commencing July 1, 2002, and ending June 30, 2010, a fee of $.015 per 100 pounds or fraction thereof of grade A raw milk for pasteurization delivered to a milk processor within the state of Kansas which is processed into grade A milk or grade A milk products shall be paid. Each milk processor is hereby charged with such fee which shall be remitted to the secretary.
(d) A milk fee of $.01, or commencing July 1, 2002, and ending June 30, 2010, a fee of $.015 per 100 pounds of milk or cream for manufacturing purposes produced by milk producers under Kansas manufacturing grade milk inspection shall be paid. Each producer is hereby charged with such fee which shall be paid to the milk producers' cooperative, dairy manufacturing plant or any other person to whom the milk or cream for manufacturing purposes is sold or delivered. Each cooperative, dairy manufacturing plant or other person is hereby charged with the duty of collecting such fees which shall be remitted to the secretary.
(e) A fee of $.0075, or commencing July 1, 2002, and ending June 30, 2010, a fee of $.01 per 100 pounds of Kansas produced milk or cream for manufacturing purposes or other Kansas produced milk delivered to a dairy manufacturing plant shall be paid on all Kansas milk used in the manufacturing of dairy products. As used in this subsection, the term dairy products shall not include any frozen dairy dessert or frozen dairy dessert mix. Each dairy manufacturing plant shall pay such fee which shall be remitted to the secretary.
(f) In lieu of the fee prescribed in subsection (e), a fee of $1, or commencing July 1, 2002, and ending June 30, 2010, a fee of $1.50 per thousand gallons of frozen dairy dessert or frozen dairy dessert mix shall be paid by the manufacturer thereof. Each manufacturer of frozen dairy dessert or frozen dairy dessert mix is hereby charged with such fee which shall be remitted to the secretary. Frozen dairy dessert mix which is further processed into the corresponding frozen dairy dessert by the manufacturer of the frozen dairy dessert mix shall not be subject to the fee required by this subsection.
(g) A fee of $1, or commencing July 1, 2002, and ending June 30, 2010, a fee of $1.50 per thousand gallons of frozen dairy dessert or frozen dairy dessert mix imported for retail sale in Kansas shall be paid by the milk distributor who imports these products.
(h) If any fee computed pursuant to subsection (a) through (e) is less than $2.50, then the sum of $2.50 shall be paid in lieu of the computed fee. If any fee computed pursuant to subsection (f) or (g) is less than $7.50, a minimum fee of $7.50 shall be paid in lieu of the computed fee.
(i) All fees established herein shall be paid to the secretary in the following manner:
(1) The fees established in subsections (a) through (e) shall be remitted on or before the 30th day of each month for the calendar month immediately preceding and shall be accompanied by a report, in the form prescribed by the secretary, indicating the quantities upon which the remittance is based.
(2) The fees established in subsections (f) and (g) shall be remitted on April 30, July 31, October 31 and January 31 for the three calendar months immediately preceding and shall be accompanied by a report, in the form prescribed by the secretary, indicating the quantity of frozen dairy dessert or frozen dairy dessert mix upon which the remittance is based.
(j) Any person who fails to remit all or any part of the required fee or to submit the required report by the date due may be assessed an additional charge equal to 1% of the amount of delinquent fees for each day after the date due, or $5, whichever amount is greater.
History: L. 2001, ch. 32, § 11; L. 2002, ch. 181, § 18; L. 2004, ch. 85, § 15; July 1.
(b) All expenditures from the dairy fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
History: L. 2001, ch. 32, § 12; L. 2002, ch. 181, § 19; July 1.
(1) Maintained in good condition;
(2) free from rust, open seams, milk stone or any unsanitary condition;
(3) washed, rinsed and drained after each milking and stored in suitable facilities; and
(4) sanitized immediately before use as required by rules and regulations promulgated pursuant to this act.
(b) Any source of water supply used by a dairy farm shall be safe, clean and ample for the cleaning of dairy utensils and equipment as required by rules and regulations promulgated under this act. If the source of water used by a dairy farm is not a public water supply, then the source of water shall be properly constructed in an approved location as required by rules and regulations promulgated under this act. Whenever any source of water supply does not meet the required standards, the water supply shall be deemed unacceptable and the dairy farm or producer shall be removed from production until evidence that necessary corrections have been made is presented to the secretary and the secretary determines that the water supply standards have been met.
History: L. 2001, ch. 32, § 13; July 1.
History: L. 2001, ch. 32, § 14; July 1.
(b) No person may sell, use or remove any milk, milk products or dairy products or otherwise violate the terms of any order issued pursuant to subsection (a).
(c) Any order issued pursuant to this subsection is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
(d) The provisions of this subsection shall not be construed as limiting the right of the enforcing officer to proceed as authorized by other sections of this act.
History: L. 2001, ch. 32, § 15; July 1.
(b) If the secretary makes written findings of fact that there is a situation involving an immediate danger to the public health, safety or welfare or that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the secretary may issue an emergency temporary cease and desist order. Such order, even when not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of such an order, the secretary shall promptly notify the person subject to the order that:
(1) It has been entered;
(2) the reasons therefor; and
(3) that upon written request from the person subject to the order within 15 days after service of the order the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any such hearing shall be held by the secretary or presiding officer from the office of administrative hearings. If no hearing is requested and none is ordered by the secretary, the order will remain in effect until it is modified or vacated by the secretary. If a hearing is requested or ordered the secretary, after giving notice of and opportunity for hearings to the person subject to the order, shall by written findings of fact and conclusions of law vacate, modify or make permanent the order.
History: L. 2001, ch. 32, § 16; L. 2004, ch. 145, § 23; July 1, 2005.
History: L. 2001, ch. 32, § 17; July 1.
(b) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary to the licensee who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the licensee to appeal to the secretary. Any such licensee within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(c) Any licensee aggrieved by a final order of the secretary made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(d) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.
History: L. 2001, ch. 32, § 18; July 1.
(a) Engage in any business or activity which requires a license or permit under this act without having a license or permit;
(b) sell, offer or expose for sale:
(1) Any milk, milk products or dairy products which do not conform to the definition and standards of identity established under this act; or
(2) any milk, milk products or dairy products which are adulterated or misbranded.
(c) adulterate or misbrand any milk, milk products or dairy products;
(d) sell, offer for sale or have in such person's possession with the intent to sell at retail to the final consumer any milk or milk product which has not been inspected and designated grade A pasteurized in accordance with the provisions of this act and any rules and regulations adopted thereunder, except that on-farm retail sales of milk or milk products shall be exempt from the provisions of this act unless stated otherwise; or
(e) violate any provision of this act or any rules or regulations promulgated thereunder.
History: L. 2001, ch. 32, § 19; L. 2002, ch. 181, § 20; July 1.
History: L. 2001, ch. 32, § 20; July 1.
History: L. 2001, ch. 32, § 21; July 1.