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HOUSE BILL No. 2158
AN ACT concerning agriculture; relating to food; requiring beekeepers who meet certain
requirements to sell packaged honey and honeycombs without holding a food
establishment or food processing plant license under the Kansas food, drug and
cosmetic act; providing that beekeepers who meet certain requirements are not
required to acquire or maintain certain facilities or equipment under such act;
amending K.S.A. 65-689 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in this section:
(1) "Honey" means the nectar and saccharine exudations of plants
that are gathered, modified and stored in the comb by honey bees.
(2) "Honeycomb" means a structure of cells composed of beeswax
in which bees store honey.
(3) "Unaltered" means left raw and in the original state after
harvesting and, if applicable, straining. "Unaltered" does not include
honey or honeycombs that have been pasteurized.
(b) Any beekeeper who wishes to sell honey or honeycombs for
sale or resale at a retailer shall be exempt from the requirement to hold
a license pursuant to K.S.A. 65-689, and amendments thereto, if such
beekeeper meets the following requirements:
(1) Honey and honeycombs are packaged on the property of the
beekeeper harvesting and selling such products;
(2) packaged honey and honeycombs are labeled with the
following information in legible English and otherwise be in
accordance with state and federal law:
(A) A "honey" or "honeycomb" designation. The floral source
may be part of the name if the product contains a significant amount of
pollen from that flower;
(B) the name, address and zip code of the beekeeper packaging the
honey or honeycomb;
(C) the net weight of the contents; and
(D) a disclaimer stating the following: "Product not subject to
routine inspection by the Kansas department of agriculture.";
(3) the beekeeper keeps such honey and honeycombs unaltered
and free from additional additives;
(4) the hive or hives from which the honey or honeycombs
originated were located in the state of Kansas when such honey or
honeycombs were harvested;
(5) the beekeeper's annual gross sales from honey and
honeycombs does not exceed $35,000;
(6) the beekeeper follows the minimum sanitary standards adopted
by the department for packaging the honey and honeycombs; and
(7) the beekeeper harvesting and selling the honey or honeycombs
maintains a record of sales of such products. The record shall be
available to the Kansas department of agriculture when requested. The
record of sales shall include, but not be limited to:
(A) The amount of honey or honeycombs sold by container size;
(B) where such honey or honeycombs were sold; and
(C) the date of such sales.
(c) Any beekeeper who meets the requirements of subsection (b)
(1), (2), (3), (4), (6) and (7) shall not be required to acquire or maintain
facilities or equipment required for temperature-controlled food items,
including a kitchen permitted for commercial food preparation.
(d) Nothing in this section shall be construed to prohibit a
beekeeper from applying for and holding a license pursuant to K.S.A.
65-689, and amendments thereto.
(e) This section shall be a part of and supplemental to the Kansas
food, drug and cosmetic act.
Sec. 2. K.S.A. 65-689 is hereby amended to read as follows: 65-
689. (a) It shall be unlawful for any person to engage in the business of
conducting a food establishment or food processing plant unless such
person shall have in effect a valid license therefor issued by the
secretary.
(b) Applications for such licenses shall be made on forms
prescribed by the secretary, and each such application shall be
HOUSE BILL No. 2158—page 2
accompanied by an application fee and by a license fee. Prior to the
issuance of any such license, the secretary shall inspect or cause to be
inspected the food establishment or food processing plant designated in
the application, to determine that it complies with rules and regulations
adopted pursuant to the food, drug and cosmetic act , and amendments
thereto. If the food establishment or food processing plant is found to
be in compliance , and the completed application and accompanying
fees have been submitted, the secretary shall issue the license. If the
food establishment or food processing plant is found not to be in
compliance, the secretary shall deny the application for a license after
providing notice and opportunity for a hearing in accordance with the
provisions of the Kansas administrative procedure act.
(c) Every license issued hereunder shall be displayed
conspicuously in the food establishment or food processing plant for
which it is issued, and no such license shall be transferable to any other
person or location. Whenever any such license is lost, destroyed or
mutilated, a duplicate license shall be issued to any otherwise qualified
licensee upon application therefor and the payment of a fee in the
amount of $5.
(d) A license shall not be required by for:
(1) A plant or facility registered or licensed by the department of
agriculture pursuant to article 7 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto, or licensed or registered by the
department of agriculture pursuant to article 6a of chapter 65 of the
Kansas Statutes Annotated, and amendments thereto, shall not be
required to obtain a separate license pursuant to this section if the
inspections conducted under the respective acts encompass all
operations of the facility.
(2) A registered nonprofit organization that provides food without
charge solely to people who are food insecure, including, but not
limited to, soup kitchens and food pantries.
(3) A location where prepackaged individual meals are distributed
to persons eligible under the federal older Americans act.
(4) A person who produces food for distribution directly to the end
consumer, if such food does not require time and temperature control
for safety or specialized processing, as determined by the secretary.
(5) A person who serves food exclusively on interstate
conveyances or common carriers.
(6) A person operating a food establishment for less than seven
days in any calendar year.
(7) A person who prepares, serves or sells food for the sole
purpose of soliciting funds to be used for community or humanitarian
purposes or educational or youth activities.
(8) A person operating a food vending machine, if the food
vending machine company:
(A) Is licensed as a food establishment, or if located in another
state, licensed according to the laws of such state;
(B) maintains, and makes available to the secretary, a current
record of the location of each food vending machine it operates or
services; and
(C) conspicuously displays the company name, phone number and
any additional information the secretary may require on each such
vending machine.
(9) A person providing only complimentary coffee to its patrons
whose primary business is unrelated to operating a food establishment
or food processing plant.
(10) A person operating a farm winery, as defined in K.S.A. 41-
102, and amendments thereto, who does not produce or offer any food
products other than wine produced at such farm winery.
(11) A retailer, as defined in K.S.A. 41-102, and amendments
thereto, that sells only alcoholic liquors and cereal malt beverages.
(12) A food establishment that sells or offers for sale only
packaged foods that are non-hazardous and are received directly from a
licensed food production facility in packaged form, if such food
HOUSE BILL No. 2158—page 3
establishment contains less than 200 cubic feet as measured pursuant to
K.S.A. 65-688(e), and amendments thereto.
(13) A person who provides food samples, without charge, to
promote, advertise or compliment the sale of food or associated food
preparation equipment.
(14) A guest house, as defined in K.S.A. 36-501, and amendments
thereto.
(15) A beekeeper who meets the requirements of section 1 (b), and
amendments thereto.
(e) The exemption provided to those entities provided in
subsection (d) shall not be exempt from inspection or regulation when a
violation is observed or reported to the secretary.
(f) A food establishment operated in connection with any premises
licensed, registered or permitted by the secretary of health and
environment, the secretary for children and families, the secretary of
corrections or the secretary for aging and disability services that is
inspected and regulated pursuant to the respective law or rule and
regulation of such secretary, shall not require a license, and the
secretary of agriculture shall not be authorized to inspect or cause such
premises to be inspected. This subsection shall not apply to a food
establishment whose primary function is not in connection with any
premises licensed, registered or permitted pursuant to the respective
law or rule and regulation of such secretary.
Sec. 3. K.S.A. 65-689 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.