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Publications iconKansas Register

Volume 42 - Issue 6 - February 9, 2023

State of Kansas

Department of Agriculture

Notice of Hearing on Proposed Administrative Regulation

A public hearing will be conducted at 1:00 p.m. April 17, 2023, in the 1st floor meeting room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas, to consider the adoption of a proposed regulation. The public hearing will be conducted in person and via video conferencing system. Members of the public who wish to attend the public hearing virtually must pre-register at

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments regarding the proposed regulation. All interested parties may submit written comments prior to the hearing by mail or email to the Kansas Department of Agriculture, Attn: Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502, or Comments may also be made via the Kansas Department of Agriculture’s website at

All interested parties will also be given a reasonable opportunity to orally present their views regarding the adoption of the proposed regulation during the hearing. To provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. This regulation is proposed for adoption on a permanent basis. A summary of the proposed regulation and the economic impact follows:

The Kansas Department of Agriculture (KDA) is proposing revisions to K.A.R. 4-28-8 to update the regulatory requirements for retail food establishments contained in the Kansas Food Code. The Kansas Food Code sets food safety standards for Kansas retail food establishments, and the current regulatory requirements have not been updated since 2012. These proposed regulatory revisions are based on the Model Food Code currently used by the United States Food and Drug Administration, which was adopted in 2017.

Several proposed changes to the adopt by reference document are as follows:

Amended section 2-103.11 to require the person in charge to inform employees, in a verifiable manner, of requirements to report information about their health and activities as they relate to diseases transmissible through food and to require the person in charge to ensure employees are routinely monitoring food temperatures during hot and cold holding;

Amended section 3-301.11 to specify that the prohibition of bare hand contact with ready-to-eat foods does not apply to handling ready-to-eat foods that are being added as ingredients to a food that will be cooked in the food establishment to a minimum temperature specified in the Code;

Amended section 3-502.12 to specify that a HACCP plan must be provided to KDA prior to implementation;

Amended section 3-501.19 to allow ready-to-eat produce or hermetically sealed foods that are rendered time/temperature control for safety foods upon cutting, chopping, or opening of a hermetically sealed container to begin at 21°C (70°F) or less and remain at 21°C (70°F) or less within a maximum of 4 hours;

Amended section 3-502.11 to clarify that equivalent operating plans are only required for time/temperature control for safety foods prepared under reduced oxygen packaging methods that do not control for growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes;

Amended section 6-501.115 to allow dogs in exterior areas of the premises provided certain requirements are met;

Amended section 7-203.11 to prohibit food contact items from being stored in containers previously used with poisonous or toxic materials; and

Amended section 7-206.12 to match current pesticide laws that limit when rodent bait is required to be placed in tamper-resistant bait station.

The proposed regulation is not mandated by the federal government. However, food safety agencies throughout the United States have adopted Food Codes similar to the proposed Kansas Food Code that are based on the United States Food and Drug Administration’s Model Code. KDA crafts its own document that closely resembles the United States Food and Drug Administration’s Model Code with adjustments to ensure that the Kansas Food Code fits the needs of regulated businesses in the state and is consistent with the Kansas Food, Drug and Cosmetics Act.

The proposed regulation does not significantly change the existing requirements imposed on retail food establishments. KDA does not anticipate that the proposed regulation will significantly enhance or restrict business activity or growth in Kansas or present significant implementation and compliance costs to any of the state’s businesses, sectors, public utility ratepayers, individuals, or local governments. The proposed regulation will have no effect or a very minimal effect on the state economy as a whole.

Any direct impact on Kansas businesses as a result of the proposed regulation would be minimal. The economic situation for retail food establishments is not likely to change as a result of the proposed regulation, for the same reasons set out in the preceding paragraph.

The benefits of the proposed regulation significantly outweigh the costs because the proposed updates are based on the best and most scientifically accurate food safety research. The proposed updates to the Kansas Food Code help to ensure public health by enhancing safety practices in retail food establishments. They will also provide uniformity between the requirements imposed on retail food establishments in Kansas and other states. The implementation of this regulation will not impose any significant new costs for retail food establishments.

KDA does not anticipate that the proposed regulation will significantly increase or decrease revenues of cities, counties or school districts, or impose functions or responsibilities on cities, counties or school districts that will increase their expenditures or fiscal liability. Letters of request were sent to the League of Kansas Municipalities, the Kansas Association of School Boards, and the Kansas Association of Counties. No responses were received from those entities.

KDA consulted with and solicited information from the Kansas Restaurant and Hospitality Association and the Department of Education’s Child Nutrition and Wellness Advisory Council. A webinar was also held wherein the general public had the opportunity to provide comments and ask questions about the proposed regulation.

Any individual with a disability may request accommodations to participate in the public hearing and may request the proposed regulation and the economic impact statement in an accessible format. Requests for accommodations should be made at least five working days in advance of the hearing by contacting Ronda Hutton, via telephone at 785-564-6715 or via fax at 785-564-6777. Handicapped parking is located on the west side of the building at 1320 Research Park Dr., Manhattan, Kansas, and is accessible to individuals with disabilities.

Copies of the regulation, the updated Kansas Food Code, and the economic impact statement may be obtained by contacting the KDA via mail at Kansas Department of Agriculture, Attn: Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502, via telephone at 785-564-6715, or via the Department’s website at

Michael M. Beam
Department of Agriculture

Doc. No. 050868