65-6a24. Packaged meat and poultry products; labeling and container standards; violations, procedure; hearing; judicial review.
65-6a24
65-6a24. Packaged meat and poultryproducts; labeling and container standards;violations, procedure; hearing; judicial review.(a) When any meat, meat food product, poultry or poultry productprepared for intrastate commerce which has been inspected and marked "Kansasinspected and passed" shall beplaced or packed in any can, pot, tin, canvas or other receptacle orcovering in any establishment where inspection under the provisions ofthis act is maintained, the person preparing the product shall cause alabel to be attached to a can, pot, tin, canvas or other receptacleor covering, under supervision of an inspector, which label shall statethat the contents thereof have been "Kansas inspected and passed" underthe provisions of this act, and no inspection or examination of meat,meat food products, poultry or poultry products deposited or inclosedin cans, tins, pots, canvas or other receptacle or covering in anyestablishment where inspection under the provisions of this act ismaintained shall be deemed to be complete until such meat, meat foodproducts, poultry or poultry products have been sealed or inclosed inthe can, tin, pot, canvas or other receptacle or covering under thesupervision of an inspector.
(b) All carcasses, parts of carcasses, meat and meat food products,poultry and poultry products, inspected at any establishment under theauthority of this act and found to be not adulterated, shall at the timethey leave the establishment bear, in distinctly legible form, directlythereon or on their containers, as the secretary may require, theinformation required under subsection (m) of K.S.A.65-6a18 and amendments thereto.
(c) The secretary, whenever the secretary determines such action is necessaryfor the protection of the public, may prescribe: (1) The style and sizesof type to be used with respect to material required to be incorporatedin labeling to avoid false or misleading labeling of any meat or meatproducts, poultry or poultry products; or (2) definitions and standards ofidentity or composition for articles subject to this act and standardsof fill of container for such articles shall be adopted by the secretaryof agriculture in the manner provided by law.
(d) No article subject to this act shall be sold or offered for saleby any person in intrastate commerce, under any name or other marking orlabeling which is false or misleading, or in any container of amisleading form or size, but established trade names and other markingand labeling and containers which are not false or misleading and whichare approved by the secretary, are permitted.
(e) If the secretary has reason to believe that any marking orlabeling or the size or form of any container in use or proposed for usewith respect to any article subject to this act is false or misleadingin any particular, the secretary may order that such use bewithheld unless themarking, labeling or container is modified in such manner as the secretaryprescribes so that it will not be false ormisleading. If the personusing or proposing to use the marking, labeling or container does notaccept the determination of the secretary, such person may request ahearing, but the use of the marking, labeling or container shall, if thesecretary so directs, be withheld pending hearing and finaldetermination by the secretary. Hearings under this subsection shall beconducted in accordance with the provisions of the Kansas administrativeprocedure act.
(f) Any action of the secretary pursuant to this section is subject toreview in accordance with the act for judicial review and civil enforcementof agency actions.
History: L. 1969, ch. 296, § 7;L. 1986, ch. 318, § 88;L. 1988, ch. 356, § 189;L. 2004, ch. 101, § 91; July 1.