Preface

The Kansas Department of Health and Environment (KDHE) is pleased to announce the publication of the 2005 Kansas Food Code. The Kansas Food Code is based largely upon the United States Food and Drug Administration's (FDA) 2005 Model Food Code.

The Secretary's food Code Review Committee was made up of state and local health department officials, academia, consumers, professional groups, industry representatives and other interested parties such as the Kansas Restaurant and Hospitality Association and the Kansas Food Dealers Association. Many individuals devoted considerable time and effort in addressing concerns and developing recommendations that are now reflected in this newly adopted food code. It is only through the dedicated efforts and contributions of these experienced professionals that a scientifically sound, well- focused and up to date code is possible. The results of their combined efforts are food safety regulations that are based upon the most current science and the best strategies to ensure a continued safe food supply for Kansas citizens.

These food safety regulations govern licensed food service establishments, retail food stores and food vending companies. The provisions of the Kansas Food Code provide a system of pro-active preventive safeguards designed to minimize the hazards that lead to foodborne illness thus ensuring safe food and acceptable levels of sanitation in food establishments.

The Food Code presents requirements by principle rather than by subject.

For example, equipment requirements are presented under headings such as Materials, Design and Construction, Numbers and Capacities, Location and Installation, and Maintenance and Operation rather than by refrigerators, sinks, and thermometers. Where there are special requirements for certain equipment, the requirement is delineated under the appropriate principle (e.g., Design and Construction) and listed separately in the index.

Portions of some sections are written in italics. These provisions are not requirements, but are provided to convey relevant information about specific exceptions and alternative means for compliance. Italics are pursuant to a preceding provision that states a requirement, to which the italics offer an exception or another possibility. Italicized sections usually involve the words "except for," "may," "need not" or "does not apply."

Requirements contained in the Food Code are presented as being in one of 3 categories of importance: critical; "swing" (i.e., those that may or may not be critical depending on the circumstances); and noncritical. An asterisk* after a tagline (which is the language immediately following a section number that introduces the subject of the section) indicates that all of the provisions within that section are critical unless otherwise indicated, follows:

Any provisions that are "swing" items are followed by the bold, superscripted letter ^S and any provisions that are noncritical are followed by the bold, superscripted letter ^N .

Any unmarked provisions within a section that has an asterisked tagline are critical. All provisions following a tagline that is not marked with an asterisk are noncritical.