2006 Kansas Code - 65-667

      65-667.   Same; limiting quantities of certain substances added to foods; regulations governing. (a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall, with respect to any particular use or intended use be deemed unsafe for the purpose of application of clause (2) (A) of K.S.A. 65-664 (a) with respect to any food, K.S.A. 65-668 (a) with respect to any drug or device, or K.S.A. 65-670 (a) with respect to any cosmetic, unless there is in effect a regulation pursuant to subsection (b) of this section limiting the quantity of such substance, and the use or intended use of such substance, conform to the terms prescribed by such regulation. While such regulation relating to such substance is in effect, a food, drug or cosmetic shall not, by reason of bearing or containing such substance in accordance with the regulation, be considered adulterated within the meaning of clause (1), of subsection (a) of K.S.A. 65-664, subsection (a) of K.S.A. 65-668 or subsection (a) of K.S.A. 65-670.

      (b)   The secretary, whenever public health or other considerations in the state so require, is authorized to adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the federal act prescribing therein tolerances for any added poisonous or deleterious substances, for food additives, for pesticide chemicals in or on raw agricultural commodities, or for color additives, including, but not limited to, zero tolerances, and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities, and prescribing the conditions under which a food additive or a color additive may be safely used and exemptions where such food additive or color additive is to be solely for investigational or experimental purposes, upon its own motion or upon the petition of any interested party requesting that such a regulation be established, and it shall be incumbent upon such petitioner to establish by data submitted to the secretary that a necessity exists for such regulation, and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the secretary to determine whether such regulations should be promulgated, the secretary may require additional data to be submitted and failure to comply with the request shall be sufficient grounds to deny the request. In adopting, amending or repealing regulations relating to such substances, the secretary shall consider among other relevant factors, the following which the petitioner, if any, shall furnish:

      (1)   The name and all pertinent information concerning such substance including where available, its chemical identity and composition, a statement of the conditions of the proposed use, including directions, recommendations and suggestions and including specimens of proposed labeling, all relevant data bearing on the physical or other technical effect and the quantity required to produce such effect.

      (2)   The probable composition of, or other relevant exposure from the article and of any substance formed in or on a food, drug, or cosmetic resulting from the use of such substance.

      (3)   The probable consumption of such substance in the diet of man and animals taking into account many chemically or pharmacologically related substance in such diet.

      (4)   Safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data.

      (5)   The availability of any needed practicable methods of analysis for determining the identity and quantity of (i) such substance in or on an article, (ii) any substance formed in or on such article because of the use of such substance, and (iii) the pure substance and all intermediates and impurities.

      (6)   Facts supporting a contention that the proposed use of such substance will serve a useful purpose.

      (c)   In adopting regulations under subsection (b) of this section, the secretary is authorized to adopt by reference those lists pertaining to or reflecting the same judgments which have been promulgated as regulations under the federal act and have been published in the federal register, if the regulations adopted by reference are in effect on the date adopted, and regulations so adopted shall remain the regulations of the secretary until changed by the secretary. In so doing, the secretary additionally may add to or delete from such lists, whenever in his judgment the statutory guidelines of this section so require.

      History:   L. 1953, ch. 286, § 13; L. 1965, ch. 377, § 4; L. 1974, ch. 352, § 107; July 1.