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Document Citation:
K.S.A. ยง 74-596
Header:
KANSAS ANNOTATED STATUTES
Chapter 74. STATE BOARDS, COMMISSIONS AND AUTHORITIES
Article 5. DEPARTMENT OF AGRICULTURE
FOOD SAFETY PROGRAMS
Date:
08/31/2009
Document:
74-596. Same; violations; penalties; misbranded or adulterated food; curative action.
(a) Any person or entity who shall violate any of the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2011 Supp. 74-581, and amendments thereto, or the rules and regulations adopted thereunder, may incur a civil penalty in an amount not more than $ 1,000 per violation, and in the case of a continuing violation every day such violation continues may be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law. The secretary of agriculture may assess the civil penalty after notice and opportunity for a hearing are given in accordance with the Kansas administrative procedure act. Any civil penalty assessed pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(b) Any person or entity who shall violate any of the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2011 Supp. 74-581, and amendments thereto, or the rules and regulations adopted thereunder, in an intentional or reckless manner shall be guilty of a class A, nonperson misdemeanor.
(c) Any food misbranded or adulterated or containing or suspected of containing any substance or substances injurious to public health or which is offered or exposed for sale in violation of any of the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 2011 Supp. 74-581, and amendments thereto, or the rules and regulations adopted thereunder, shall be subject to seizure in place until such time that the final disposition of the food has been determined by sampling and analysis. Within 30 days of seizure in place, upon verification that the suspected food was misbranded, adulterated or contains a substance or substances that may be injurious to public health the secretary of agriculture shall issue an order establishing measures to prevent further contamination or the threat to public health. The opportunity for hearing pursuant to the Kansas administrative procedure act shall be provided upon issuance of the order. The secretary of agriculture may order the destruction of contaminated food if no alternative assures that further contamination of or health hazards are averted, and may be imposed in addition to any other penalty established by law. The district courts of the state of Kansas shall have jurisdiction to restrain violations of the provisions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant toK.S.A. 2011 Supp. 74-581, and amendments thereto, and the rules and regulations adopted thereunder, by injunction.
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