2011 Kansas Code
Chapter 36. - HOTELS, LODGINGHOUSES AND RESTAURANTS
Article 5. - FOOD SERVICE AND LODGING ESTABLISHMENTS
36-507 Rules and regulations establishing standards for food service establishments and food vending machines.

36-507. Rules and regulations establishing standards for food service establishments and food vending machines. (a) The secretary of agriculture shall adopt rules and regulations establishing minimum standards for the safe and sanitary operation of food service establishments. The food service standards promulgated by such rules and regulations shall relate to:

(1) Preparation, sale, serving and storage of food;

(2) water supply;

(3) heating;

(4) lighting;

(5) ventilation;

(6) toilet and other sanitary facilities;

(7) conditions increasing the hazards of fire, accidents or other calamities;

(8) sewage disposal; and

(9) such other minimum conditions which the secretary deems necessary for the operation and maintenance of a food service establishment in a safe and sanitary manner.

(b) The standards promulgated pursuant to the rules and regulations adopted hereunder shall be designed to ensure the health, comfort and safety of the guests in food service establishments. Such standards may be based upon or incorporate by reference specific editions, or portions thereof, of nationally recognized codes establishing food service standards. Such standards shall be applicable uniformly throughout the state, and any provision of an ordinance or resolution of any municipality, prescribing safety and sanitation standards for food service establishments, which does not conform to the minimum standards promulgated by the secretary pursuant to this section, shall be null and void; but nothing herein shall be construed as precluding any municipality from establishing by ordinance or resolution food service standards which are more stringent than those established by the secretary: Provided,That no such ordinance or resolution shall be effective unless and until it has been approved by the secretary.

(c) In addition to the food service standards promulgated pursuant to this section, the secretary shall adopt rules and regulations establishing specific requirements for sanitary design, construction, location, servicing and operation of food vending machines. Such standards may be based upon, or may incorporate by reference, recommended vending sanitation codes of the United States public health service which are in existence on the effective date of this act.