65-666. Permits for certain classes of food; regulations governing conditions of issuance; suspension and reinstatement, when; access of facilities for inspection.
65-666
65-666. Permits for certain classes of food; regulationsgoverning conditions of issuance; suspension and reinstatement, when;access of facilities for inspection.(a) Whenever the secretary finds after investigation that thedistribution in Kansas of any class of food may, by reason of contaminationwith microorganisms during manufacture, processing, or packing thereof inany locality, be injurious to health, and that such injurious nature cannotbe adequately determined after such articles have entered commerce, itthen, and in such case only, shall promulgate regulations providing for theissuance, to manufacturers, processors, or packers of such class of food insuch locality, of permits to which shall be attached such conditionsgoverning the manufacture, processing, or packing of such class of food,for such temporary period of time, as may be necessary to protect thepublic health. After the effective date of such regulations, and duringsuch temporary period, no person shall introduce or deliver forintroduction into commerce any such food manufactured, processed, or packedby any manufacturer, processor, or packer unless such manufacturer,processor, or packer holds a permit issued by the secretary as provided bysuch regulations.
(b) The secretary is authorized to use emergency adjudicativeproceedings to suspend anypermit issued under authority of this section if it is found that any ofthe conditions of the permit have been violated. The holder of a permit sosuspended shall be privileged at any time to apply for the reinstatement ofsuch permit, and the secretary shall, immediately after prompt hearing inaccordance with the provisions of the Kansas administrative procedure act andan inspection of the establishment, reinstate such permit if it is foundthat adequate measures have been taken to comply with and maintain theconditions of the permit, as originally issued, or as amended.
(c) Any officer or employee duly designated by the secretary shall haveaccess to any factory or establishment, the operator of which holds apermit from the secretary for the purpose of ascertaining whether or notthe conditions of the permit are being complied with, and denial of accessfor such inspection shall be ground for suspension of the permit until suchaccess is freely given by the operator.
History: L. 1953, ch. 286, § 12; L. 1974, ch. 352, §106;L. 1988, ch. 356, § 186; July 1, 1989.