65-689. Same; license requirements, fees, inspections, denial, hearing, display; exceptions.
65-689
65-689. Same; license requirements, fees,inspections, denial, hearing, display; exceptions.(a) It shall be unlawful for any person to engage in thebusiness of conducting a retail food store or food processing plant unless suchperson shall have ineffect a valid license therefor issued by the secretary. For the purpose ofthis section, the sale of food inthe same location less than seven days in any calendar year shall be construedas the occasional sale of food. Nothing in this act shall prevent thesecretary from inspecting any retail food store orfood processing plant whena complaint against such retail food store or food processing plant istransmitted to the secretary or any authorized agent thereof.
(b) Applications for such licenses shall be made on forms prescribed by thesecretary, and each such application shall be accompanied by an application feeand by a license fee. Application fees may be adjusted in accordance with thetype of retail food store or food processing plant or based on other criteriaas determined by the secretary. Such license fee shall be fixed in an amountwhich, together with the application fee, is sufficient to defray the cost ofadministering the retail food store and food processing plant inspection andlicensure activities of the secretary. Prior to the issuance of any suchlicense, the secretary shallinspect or cause to be inspected the retail food store or food processing plantdesignated in the application, to determine that it complies with rules andregulations adopted pursuant to subsection (d) of K.S.A. 65-688, andamendmentsthereto. If the retail food store or food processing plant is found to be incompliance, the secretary shall issue the license. If the application forlicense is denied, the secretary shall give written notice thereof to theapplicant, stating also that the applicant is entitled to a hearing thereon ifa written request therefor is filed with the secretary within 20 days of thedate such notice is sent. Such hearing shall be held in accordance with theprovisions of the Kansas administrative procedure act.
(c) Every license issued hereunder shall be displayed conspicuously in theretail food store or food processing plant for which it is issued, and no suchlicense shall be transferable to any other person or location. Whenever anysuch license is lost, destroyed or mutilated, a duplicate license shall beissued to any otherwise qualified licensee upon application therefor and thepayment of a fee in the amount of $5.
(d) A plant registered by the department of agriculture pursuantto article 7 of chapter 65 of the Kansas Statutes Annotated, andamendments thereto, or licensed or registered by the departmentof agriculture pursuant to article 6a of chapter 65 of the KansasStatutes Annotated, and amendments thereto, shall not be requiredto obtain a separate license pursuant to this section.
History: L. 2001, ch. 203, § 3;L. 2008, ch. 48, § 7; July 1.