Appendix A. 2005 KANSAS FOOD CODE AMENDMENTS

Kansas Regulations
Agency 28 Department of Health and Environment
Article 36—Food Service Establishments, Food Vending Machine Companies and Lodging Establishments

28-36-101. Definitions.

Chapter one of the 2005 "Food Code," published by the U.S. Department of Health and Human Services, is adopted by reference, subject to the following additions, deletions, and substitutions:

(a)

(1)

Wherever the word "PERMIT" appears in this chapter, the word shall be deleted and shall be replaced by "LICENSE," and wherever the phrase "PERMIT HOLDER" appears in this chapter, the phrase shall be deleted and shall be replaced by the word "LICENSEE."

(2)

Wherever the parenthetical phrase "(Time/Temperature Control for Safety Food)" appears in this chapter, the phrase shall be deleted.

(3)

In subpart 1-201.10(B) under "additive," the definition of "food additive" shall be deleted and shall be replaced by the definition in K.S.A. 65-656, and amendments thereto.

(4)

In subpart 1-201.10(B) under "additive," the definition of "color additive" shall be deleted and shall be replaced by the definition in K.S.A. 65-656, and amendments thereto.

(5)

In subpart 1-201.10(B), the definition of "adulterated" shall be deleted and shall be replaced by the definition of "food deemed adulterated" in K.S.A. 65-664, and amendments thereto.

(6)

In the definition of "aw," the symbol "aw" at the end of the definition shall be changed to read "aw".

(7)

The following definition of "commissary" shall be added after the definition of "comminuted":

"Commissary" means a catering establishment, restaurant, or similar place that is necessary for the safe operation of a MOBILE FOOD ESTABLISHMENT or PUSHCART in which food, containers, or supplies are kept, handled, prepared, packaged, or stored.

(8)

In subpart 1-201.10(B) in the definition of "disclosure," the words "for consumers" shall be added after the word "identifies."

(9)

(A)

In subpart 1-201.10(B) under "food establishment" in paragraph (2)(a), the word "and" shall be deleted.

(B)

Under "food establishment" in paragraph (2)(b), the period after "FOOD" shall be deleted and shall be replaced by a semicolon.

(C)

Under "food establishment" in paragraph (2), the following paragraphs shall be added after paragraph (b):

"(c) A 'food service establishment' as defined in K.S.A. 36-501, and amendments thereto;

"(d) A 'food vending machine' defined in K.S.A. 36-501, and amendments thereto; and

"(e) A 'retail food store' means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged non-potentially hazardous foods, roadside markets that offer only fresh fruits and fresh vegetables for sale, food service establishments, or food and beverage vending machines."

(D)

Under "food establishment" in paragraph (3)(f), insert the word "only" after the words "offers FOOD," replace the number "6" with "4," and delete the words "the number of guests served does not exceed 18."

(10)

In subpart 1-201.10(B) in paragraph (1) of the definition of "food processing plant," the words "and does not provide food directly to the consumer" shall be added after the words "FOOD ESTABLISHMENTS."

(11)

The following definition of "mobile food establishment" shall be added after the definition of "mg/L":

"Mobile food establishment" means a self-contained FOOD ESTABLISHMENT that is mounted on axles and wheels, is designed to be readily moveable, and remains at one physical address for not more than 17 consecutive days.

(12)

In subpart 1-201.10(B), the definition of "person" shall be deleted and shall be replaced by the definition of "person" in K.S.A. 36-501, and amendments thereto.

(13)

The following definition of "pushcart" shall be added after the definition of "public water supply system":

"Pushcart" means a manually propelled vehicle limited to serving non-potentially hazardous foods or POTENTIALLY HAZARDOUS FOODS that require only limited preparation or prepackaged food maintained at proper temperatures.

(14)

In subpart 1-201.10(B), the definition of "person in charge" shall be deleted and shall be replaced by the following: "'Person in charge' means at the time of inspection, any individual or employee present in a food establishment who is responsible for the operation. If no designated individual or employee is the person in charge, then any employee present is the person in charge."

(15)

In subpart 1-201.10(B), in the definition of "potentially hazardous food," the following changes shall be made:

(A)

In paragraph (1), the parenthetical abbreviation "(TCS)" shall be deleted.

(B)

In paragraph (2), the designation of paragraph (a) shall be deleted, and this paragraph shall become part of paragraph (2). The words "raw cut tomatoes" shall be added after the words "cut melons."

(C)

Paragraph (b) shall be deleted, including tables A and B.

(D)

The text in paragraph (3)(c) shall be deleted and replaced with the following: "A FOOD with an aw value of 0.85 or less;".

(E)

The text in paragraph (d) and all of paragraphs (d)(i), (ii), and (iii) shall be deleted and replaced with the following: "A FOOD with a pH level of 4.6 or below when measured at 24°C (75°F)."

(16)

In subpart 1-201.10(B), the definition of "public water system" shall be deleted and shall be replaced by the definition of "public water supply system" in K.S.A. 65-162a, and amendments thereto.

(17)

In subpart 1-201.10(B) under "ready-to-eat food" in paragraph (2)(b), the words "that are washed as specified under § 3-302.15" shall be deleted.

(18)

In subpart 1-201.10(B), the definition of "refuse" shall be deleted and shall be replaced by the definition of "solid waste" as defined in K.S.A. 65-3402, and amendments thereto.

(19)

In subpart 1-201.10(B) in the definition of "regulatory authority," the word "local" and the words "or federal" shall be deleted.

(20)

In subpart 1-201.10(B), the definition of "sewage" shall be deleted and shall be replaced by the definition in K.S.A. 65-164, and amendments thereto.

(21)

In subpart 1-201.10(B), the definition of "vending machine" shall be deleted and shall be replaced by the definition of "food vending machine" in K.S.A. 36-501, and amendments thereto.

(22)

In subpart 1-201.10 in the definition of "vending machine location," the word "Food" shall be inserted before the word "Vending."

(b)

As used in this article, the superscript "*" that follows the title of a section shall designate the requirements in that section as being of critical importance, unless otherwise specified within that section as follows:

(1)

The superscript "N" shall designate a requirement as being of noncritical importance.

(2)

The superscript "S" may designate a requirement as being of noncritical importance. The term "swing" is used to describe this type of requirement.

(Authorized by and implementing K.S.A. 36-507; effective Aug. 13, 1999; amended Nov. 30, 2007.)

 

28-36-102. Management and personnel.

Chapter two of the 2005 "Food Code," published by the U.S. Department of Health and Human Services, is adopted by reference, with the following additions, deletions, and substitutions:

(a)

Wherever the phrase "PERMIT HOLDER" appears in this chapter, the phrase shall be deleted and shall be replaced by the word "LICENSEE."

(b)

Wherever the parenthetical phrase "(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)" appears in this chapter, the phrase shall be deleted.

(c)

(1)

In the first sentence of subpart 2-102.11, the words "of foodbome illness" shall be added between the words "RISKS" and "inherent."

(2)

Subpart 2-102.11(A) shall be deleted.

(3)

Subpart 2-102.11(B) shall be redesignated as "(A)," and the words "OR APPROVED" shall be inserted after "ACCREDITED."

(4)

(A)

Subpart 2-102.11(C) shall be redesignated as "(B)."

(B)

In subpart 2-102.11(C)(8)(b), the word "Bare" shall be added before the word "Hand."

(C)

In subpart 2.102.11. paragraph (C)(9) shall be delete and replaced by the following paragraph:

"Describing FOODS identified as MAJOR FOOD ALLERGENS that could cause an allergic reaction in a sensitive individual."

(d)

In subpart 2-102.20 at the end of the sentence, "(B)" shall be deleted and replaced by "(A)."

(e)

In subpart 2-103.11(E), the word "UNADULTERED" shall be deleted and replaced by the word "unadulterated."

(f)

In subpart 2-201, the title "Responsibilities of Permit Holder, Person in Charge, Food Employees, and Conditional Employees" shall be deleted and replaced by the title "Responsibilities regarding diseases or medical conditions."

(g)

(1)

In subpart 2-201.11(A)(4) and (A)(5), the word "CONFIRMED" shall be deleted and replaced by "FOODBORNE."

(2)

In subpart 2-201.11(C)(2), the word "as" between the words "serves" and "a" shall be deleted.

(h)

(1)

In subpart 2-201.13(I)(4)(c), the words "immune to" shall be deleted and replaced by the words "protected against."

(2)

In subpart 2-201.13(I)(4)(d)—(f), the number "30" shall be deleted and replaced by the number "50."

(i)

In subpart 2-301.12(B)(3), the phrase "10 to 15 seconds" shall be deleted and replaced by "20 seconds."

(Authorized by and implementing K.S.A. 36-507; effective Aug. 13, 1999; amended Nov. 30, 2007.)

 

28-36-103. Food.

Chapter three of the 2005 "Food Code," published by the U.S. Department of Health and Human Services, is adopted by reference, with the following additions, deletions, and substitutions:

(a)

Wherever the phrase "PERMIT HOLDER" appears in this chapter, the phrase shall be deleted and shall be replaced by the word "LICENSEE."

(b)

Wherever the parenthetical phrase "(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)" appears in this chapter, the phrase shall be deleted.

(c)

Subpart 3-301.11(D) shall be deleted.

(d)

(1)

Subpart 3-302.11(A)(3) through (8) shall be deleted and replaced with the following:

"(3) Storing damaged, spoiled, or recalled FOOD being held in the FOOD ESTABLISHMENT as specified under § 6-404.11;

"(B) FOOD can be protected from cross contamination by using one or more of the following methods:

"(1) Except as specified under Subparagraph 3-501.15(B)(2) and in § (C) of this section, storing the FOOD in packages, covered containers, or wrappings;

"(2) Cleaning HERMETICALLY SEALED CONTAINERS of FOOD of visible soil before opening;

"(3) Protecting FOOD containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened; and

"(4) Separating fruits and vegetables, before they are washed as specified under § 3-302.15 from READY-TO-EAT FOOD."

(2)

In subpart 3-302.11, the existing paragraph "(B)" shall be redesignated as "(C)."

(e)

In subpart 3-305.13, "FOOD" shall be inserted before the word "VENDING."

(f)

In subpart 3-306.12(B), "FOOD" shall be inserted before the word "VENDING."

(g)

In subpart 3-40311(A), (B), and (C), the words "before service" shall be added at the end of each paragraph.

(h)

In subpart 3-501.16(A)(2)(b)(ii), the phrase "Within 5 years of the REGULATORY AUTHORITY'S adoption of this code" shall be deleted and shall be replaced by "on or before September 1, 2009."

(i)

In subpart 3-501.17(A)(2)(b), the words "Within 5 years of the REGULATORY AUTHORITY'S adoption of this code" shall be deleted and replaced by the words "On or before September 1, 2009."

(j)

In subpart 3-501.19, paragraphs (C)(1) through (5) shall be deleted and replaced with the following:

"Variance shall be obtained from the REGULATORY AUTHORITY as specified in § 3-502.11 as amended by K.A.R. 28-36-103(k)."

(k)

In subpart 3-502.11, the text in paragraph (F) shall be deleted and replaced with the following:

"Using time as a public health control as specified under § 3-501.19."

(Authorized by and implementing K.S.A. 36-507; effective Aug. 13, 1999; amended Nov. 30, 2007.)

 

28-36-104. Equipment, utensils, and linens.

Chapter four of the 2005 "Food Code," published by the U.S. Department of Health and Human Services, is adopted by reference, with the following additions, deletions, and substitutions:

(a)

Wherever the phrase "PERMIT HOLDER" appears in this chapter, the phrase shall be deleted and replaced by the word "LICENSEE."

(b)

(1)

In subpart 4-204.14, the word "Food" shall be inserted before the word "Vending" in the title.

(2)

In subpart 4-204.14, the word "FOOD" shall be inserted before the word "VENDING."

(c)

In subpart 4-204.16, the words "for human consumption" shall be added to the end of the sentence.

(d)

(1)

In subpart 4-204.19, the word "Food" shall be inserted before the word "Vending" in the title.

(2)

In subpart 4-204.19, the word "FOOD" shall be inserted before the word "VENDING."

(e)

In subpart 4-204.110(B)(1), the words "as specified under § 8-103.11" shall be deleted and shall be replaced by "by the regulatory authority."

(f)

(1)

In subpart 4-204.111, the word "Food" shall be inserted before the word "Vending" in the title.

(2)

In subpart 4-204.111(B)(1) and (2), the word "FOOD" shall be inserted before the word "VENDING."

(g)

(1)

In subpart 4-204.121, the word "Food" shall be inserted before the word "Vending" in the title.

(2)

In subpart 4-204.121(A) and (B), the word "FOOD" shall be inserted before the word "VENDING."

(h)

(1)

In subpart 4-204.123, the word "Food" shall be inserted before the word "Vending" in the title.

(2)

In subpart 4-204.123(A) and (B), the word "FOOD" shall be inserted before the word "VENDING."

(i)

In subpart 4-301.11, the symbol"*" shall be added after the word "Capacities." in the title, and an """ shall be added after the phrase "Chapter 3."

(j)

(1)

In subpart 4-301.12, the title "Manual Warewashing, Sink Compartment Requirements." shall be deleted and replaced with "Warewashing Equipment Requirements.*"

(2)

In subpart 4-301.12 (A), the phrase "and § (F)" shall be added before the words "of this section."

(3)

In subpart 4-301.12 (D), the words "by the regulatory authority" shall be added after the word "APPROVED."

(4)

In subpart 4-301.12, the following paragraph shall be added after paragraph (E):

"(F)

Manual warewashing sinks are not required if a mechanical warewashing machine is properly used, operated, and maintained and the machine is large enough for washing, rinsing and SANITIZING the largest EQUIPMENT and UTENSILS."

(k)

In subpart 4-603.16(A)(1), the word "or" shall be added at the end of the paragraph.

(Authorized by and implementing K.S.A. 36-507; effective Aug. 13, 1999; amended Nov. 30, 2007.)

 

28-36-105. Water, plumbing, and waste.

Chapter five of the 2005 "Food Code," published by the U.S. Department of Health and Human Services, is adopted by reference, with the following additions, deletions, and substitutions:

(a)

Wherever the word "SYSTEM" appears in this chapter, the word "SUPPLY" shall be inserted before the word "SYSTEM."

(b)

Wherever the phrase "according to LAW" appears in this chapter, the phrase shall be deleted and shall be replaced by "according to K.S.A. 65-161 et seq., and amendments thereto."

(c)

In subpart 5-103.12, the symbol "*" shall be added after the title "Pressure."

(d)

In subpart 5-202.12(C), the phrase "15 seconds" shall be deleted and shall be replaced by the phrase "20 seconds."

(e)

(1)

In subpart 5-203.11(A), the phrase "§§ (B) and (C)" shall be deleted and replaced by "§ (B)."

(2)

Subpart 5-203.11(C) shall be deleted.

(f)

(1)

In subpart 5-203.12, the words "and Urinals" in the title shall be deleted.

(2)

In subpart 5-203.12, the two sentences shall be deleted and shall be replaced by the following: "Toilet facilities shall be installed according to applicable state and local requirements or as approved by the regulatory authority. Toilet facilities shall be convemently located and shall be accessible to employees and patrons at all times, except that food service establishments that have no seating arrangements shall not be required to provide patron access to toilet facilities. Separate toilet facilities shall be provided for each sex in all new, newly constructed, or extensively remodeled facilities that offer food consumption arrangement for 20 or more persons on the premises."

(g)

In subpart 5-401.11(A), the words "with a minimum capacity of a 20-gallon tank" shall be added after the word "tank."

(h)

(1)

In subpart 5-501.14, the word "Food" shall be inserted before the word "Vending Machines" in the title.

(2)

In subpart 5-501.14, "FOOD" shall be inserted before the word "VENDING."

(Authorized by and implementing K.S.A. 36-507; effective Aug. 13, 1999; amended Nov. 30, 2007.)

 

28-36-106. Physical facilities.

Chapter six of the 2005 "food code," published by the U.S. department of health and human services, is adopted by reference with the following additions, deletions, and substitutions:

(a)

Wherever the phrase "PERMIT HOLDER" appears in this chapter, the phrase shall be deleted and replaced by the word "LICENSEE."

(b)

(1)

In subpart 6-202.15, the symbol "*" shall be added after the word "Protected." in the title.

(2)

In subpart 6-202.15, an "s" shall be added at the end of each these paragraphs: (A)(1), (2), and (3) and (D)(1), (2), and (3).

(c)

In subpart 6-302.10, the words "and urinals" shall be deleted.

(d)

(1)

In subpart 6-501.111, the word "minimize" shall be deleted and replaced by the word "eliminate."

(2)

In subpart 6-501.111(A), (B), and (D), the "N" shall be deleted and replaced with "s."

(e)

In subpart 6-501.112, the symbol "*" shall be added after the word "Pests." in the title.

(f)

In subpart 6-501.115, paragraphs (B)(4)(a), (b), and (c) shall be deleted, and the designation for paragraph "(5)" shall be deleted and replaced by "(4)."

(Authorized by and implementing K.S.A. 36-507; effective Aug. 13. 1999; amended Nov. 30, 2007.)

 

28-36-107. Poisonous or toxic materials.

Chapter seven of the 2005 "Food Code," published by the U.S. Department of Health and Human Services, is adopted by reference.

(Authorized by and implementing K.S.A. 36-507; effective Aug. 13, 1999; amended Nov. 30, 2007.)

28-36-108. Compliance and enforcement.

Chapter eight of the 2005 "Food Code," published by the U.S. Department Of Health and Human Services, is adopted by reference, with the following additions, deletions, and substitutions:

(a)

Wherever the phrase "PERMIT HOLDER" appears in this chapter, the phrase shall be deleted and shall be replaced by the word "LICENSEE."

(b)

Wherever the parenthetical phrase "(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)" appears in this chapter, the phrase shall be deleted.

(c)

Wherever the word "PERMIT" appears in this chapter, the word shall be deleted and replaced by the word "LICENSE."

(d)

(1)

In subpart 8-201.11(C), the phrase "as specified under § 8-302.14 (C)" shall be deleted, and "; or" shall replace the period after "Code."

(2)

In subpart 8-201.11, the following new paragraph shall be added after paragraph (C):

"(D) Approval of plans by the regulatory authority shall not negate the liability of the applicant to comply with the requirements of these regulations."

(e)

Wherever the phrase "according to LAW" appears in this chapter, except in subpart 8-501.40, the phrase shall be deleted and shall be replaced by the phrase "according to K.S.A. 36-501 et seq., and amendments thereto."

(f)

Subparts 8-203.10, 8-302.11, 8-302.14, 8-303.20 and 8-401.10 shall be deleted.

(g)

In subpart 8-302.13(A), the phrase "or a representative thereof" shall be added after the phrase "legal ownership."

(h)

In subpart 8-304.11(H), the phrase "and 5 years pass after the REGULATORY AUTHORITY adopts this Code" shall be deleted and shall be replaced by "or by September 1, 2009."

(i)

Wherever the words "PERMIT HOLDER'S" appears in this chapter, the words shall be deleted and shall be replaced by "LICENSEE'S."

(j)

In subpart 8-304.20, the paragraph shall end with a period added after the words "operation to another," and the rest of the paragraph shall be deleted.

(k)

In subpart 8-401.20, the phrase "Within the parameters specified in § 8401.10" shall be deleted.

(l)

In subpart 8-402.20, paragraph (A)(3) shall be deleted.

(m)

Subpart 8-402.40 shall be deleted.

(n)

In subpart 8-403.10(A), the phrase "and mailing" shall be deleted, and the phrase "as specified under paragraph 8-302.14(C)" shall be deleted.

(o)

Subpart 8-501.10 shall be deleted.

(p)

(1)

In subpart 8-501.20(A), the words "to specific areas and tasks in a FOOD ESTABLISHMENT that present no risk of transmitting the disease" shall be added after the words "CONDTIONAL EMPLOYEE."

(2)

In subpart 8-501.20(B), the words "from a FOOD ESTABLISHMENT" shall be added after "CONDITIONAL EMPLOYEE."

(3)

In subpart 8-501.20, paragraph (C) shall be deleted and shall be replaced by the following: "(C) Immediate closing of the food establishment, until the regulatory authority determines that no further danger of disease transmission exists."

(q)

In subpart 8-501.30, the phrase "as specified in § 8-501.10" shall be deleted.

(Authorized by K.S.A. 36-507; implementing K.S.A. 2006 Supp. 36-503 and K.S.A. 36-507; effective Aug. 13 1999; amended Nov. 30, 2007.)

 

28-36-109. Mobile food establishments, pushcarts, and temporary food establishments.

In addition to meeting the requirements of K.A.R. 28-36-101 through K.A.R. 28-36-108, each licensee of a mobile food establishment or a pushcart and each operator of a temporary food establishment shall meet the department's requirements in"chapter 9: mobile food establishments, pushcarts, and temporary food establishments," dated June 2007 and hereby adopted by reference.

(Authorized by and implementing K.S.A. 36-507; effective Nov. 30, 2007.)

 

(LAST REVIEWED AND UPDATED JULY 2008)