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Session of 2026
HOUSE BILL No. 2425
By Representative Schwertfeger
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AN ACT concerning public health; relating to the Kansas food, drug and
cosmetic act; determining food containing specific food or color
additives to be adulterated; prohibiting the use of adulterated food as an
ingredient in any meal provided by schools as part of certain food
service programs; providing certain exceptions for foods adulterated by
specific food or color additives, including sales of less than $5,000;
determining drugs containing synthetic color additives to be
adulterated; providing that the processing, storage or distribution of any
drug containing synthetic color additives is subject to a civil penalty in
an amount not more than $500,000 per violation and is a drug severity
level 5 felony; amending K.S.A. 65-657, 65-664, 65-668 and 65-682
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-657 is hereby amended to read as follows: 65-
657. The following acts and the causing thereof within the state of Kansas
are hereby prohibited:
(a) (1) The processing, storage or distribution of any food, drug,
device or cosmetic that is adulterated or misbranded.
(2) (A) The prohibition in paragraph (1) shall include using any of
the additives listed in K.S.A. 65-664(d), and amendments thereto, as an
ingredient in any meal served through a food service program or school
lunch program, as defined in K.S.A. 72-17,132, and amendments thereto,
or school breakfast program, as defined in K.S.A. 72-17,145, and
amendments thereto.
(B) An elementary or secondary school may permit the sale of food
items that do not comply with this subsection as part of a school
fundraising event if the sale of such items takes place off and away from
school premises or the sale of such items takes place on the school
premises at least 1/2 hour after the end of the school day.
(b) The adulteration or misbranding of any food, drug, device or
cosmetic.
(c) The receipt in commerce of any food, drug, device or cosmetic
knowing it to be that such food, drug, device or cosmetic is adulterated or
misbranded, and the delivery or proffered delivery thereof for pay or
otherwise.
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(d) The dissemination of any false advertisement.
(e) The refusal to permit entry, inspection or taking of a sample, as
authorized by K.S.A. 65-674, and amendments thereto.
(f) The giving of a guaranty or undertaking which guaranty or
undertaking that is false, except by a person who relied on a guaranty or
undertaking to the same effect signed by, and containing the name and
address of the person residing in the United States from whom such person
received in good faith the food, drug, device or cosmetic.
(g) The removal or disposal of a detained or embargoed article in
violation of K.S.A. 65-660, and amendments thereto.
(h) The alteration, mutilation, destruction, obliteration or removal of
the whole or any part of the labeling of, or the doing of any other act with
respect to a food, drug, device or cosmetic, if such act is done while such
article is held for sale and results in such article being misbranded.
(i) Forging, counterfeiting, simulating or falsely representing, or
without proper authority using any mark, stamp, tag, label or other
identification method authorized or required by rules and regulations
promulgated under the provisions of this act.
(j) The using of any person to such person's own advantage, or
revealing, other than to the administrator or officers or employees of the
department of agriculture or to the courts where relevant in any
jurisdictional proceeding under this act, any information acquired under
authority of this act concerning any method or process which that
constitutes a trade secret under the uniform trade secrets act, K.S.A. 60-
3320 et seq., and amendments thereto, and as a trade secret is entitled to
protection.
(k) The using, on the labeling of any drug or in any advertisement
relating to such drug, of any representation or suggestion that an
application with respect to such drug is effective under K.S.A. 65-669a,
and amendments thereto, or that such drug complies with the provisions of
such section.
(l) In the case of a prescription drug distributed or offered for sale in
this state, the failure of the manufacturer, packer or distributor thereof to
maintain for transmittal, or to transmit, to any practitioner licensed by
applicable law to administer such drug who makes written request for
information as to such drug, true and correct copies of all printed matter
which is that are required to be included in any package in which that drug
is distributed or sold, or such other printed matter as is approved under the
federal act. Nothing in this paragraph subsection shall be construed to
exempt any person from any labeling requirement imposed by or under
other provisions of this act.
(m) (1) Placing or causing to be placed upon any drug or device or
container thereof, with intent to defraud, the trade name or other
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identifying mark, or imprint of another or any likeness of any of the
foregoing; (2) selling, dispensing, disposing of or causing to be sold,
dispensed or disposed of or concealing or keeping in possession, control or
custody, with intent to sell, dispense or dispose of, any drug, device or any
container thereof, with knowledge that the trade name or other identifying
mark or imprint of another or any likeness of any of the foregoing has
been placed thereon in a manner prohibited by paragraph (1); or (3)
making, selling, disposing of or causing to be made, sold or disposed of or
keeping in possession, control or custody, or concealing, with intent to
defraud, any punch, die, plate, or other thing designed to print, imprint or
reproduce that trade name or other identifying mark or imprint of another
or any likeness of any of the foregoing upon any drug, device or container
thereof.
(n) Dispensing or causing to be dispensed a different drug or brand of
drug in place of the drug or brand of drug ordered or prescribed without
the express permission in each case of the person ordering or prescribing.
(o) Knowingly killing, selling, trading, exchanging or offering to sell,
trade or exchange any diseased animal for human consumption, except
immediate slaughter under state or federal meat and poultry inspection.
(p) Knowingly purchasing or otherwise obtaining possession of any
diseased animal for the purpose and with the intent of disposing the same
for food, except immediate slaughter under state or federal meat and
poultry inspection.
(q) Offering or exposing for sale at retail, for human consumption,
any slaughtered wild or domestic fowl, rabbit, squirrel or other small
animal unless the entrails, crops and other offensive parts are properly
drawn and removed and the carcass is cooled to 41 degrees fahrenheit or
less within four hours of slaughter and held at such temperature until
delivery to the end consumer.
(r) Failing to protect slaughtered fresh meats, fish, fowl or game for
human consumption from dust, flies and other vermin or substance which
that may injuriously affect it such meats, fish, fowl or game . Protection
shall be required at any wholesale or retail food establishment or food
processing plant and for peddlers transporting such goods from place to
place.
Sec. 2. K.S.A. 65-664 is hereby amended to read as follows: 65-664.
A food shall be deemed to be adulterated if:
(a) (1) If itSuch food bears or contains any poisonous or deleterious
substance which that may render it injurious to health ; but . In case the
substance is not an added substance , such food shall not be considered
adulterated under this clause paragraph if the quantity of the substance in
such food does not ordinarily render it such food injurious to health; or (2)
(A) it Such food bears or contains any added poisonous or added
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deleterious substance, other than one which that is: (i) A pesticide
chemical in or on a raw agricultural commodity; (ii) a food additive not
listed in subsection (d); or (iii) a color additive , which is unsafe within the
meaning of K.S.A. 65-667, and amendments thereto not listed in
subsection (d) ; (B) it such food is a raw agricultural commodity and it
bears or contains a pesticide chemical which that is unsafe within the
meaning of K.S.A. 65-667, and amendments thereto; or (C) it such food is
or it, bears or contains any food additive which that is unsafe within the
meaning of K.S.A. 65-667, and amendments thereto. Where a pesticide
chemical has been used in or on a raw agricultural commodity in
conformity with an exemption granted or tolerance prescribed under
K.S.A. 65-667, and amendments thereto, and such raw agricultural
commodity has been subjected to processing such as canning, cooking,
freezing, dehydrating, or milling, the residue of such pesticide chemical
remaining in or on such processed food shall, notwithstanding the
provisions of K.S.A. 65-667, and amendments thereto, and subparagraph
(C), not be deemed unsafe if such residue in or on the raw agricultural
commodity has been removed to the extent possible in good
manufacturing practice, and the concentration of such residue in the
processed food when ready to eat is not greater than the tolerance
prescribed for the raw agricultural commodity; (3) it such food consists in
whole or in part of a diseased, contaminated, filthy, putrid, or decomposed
substance, or is otherwise unfit for food; (4) it such food has been
produced, prepared, packed, or held under insanitary conditions whereby it
may have become contaminated with filth, or whereby it may have been
rendered diseased, unwholesome, or injurious to health; (5) it such food is
the product of a diseased animal or an animal which that has died
otherwise than by slaughter, or that has been fed upon the uncooked offal
from a slaughterhouse; or (6) its such food's container is composed, in
whole or in part, of any poisonous or deleterious substance which that may
render the contents injurious to health.
(b) (1) If Any valuable constituent has been in whole or in part
omitted or abstracted therefrom; (2) any substance has been substituted
wholly or in part therefor; (3) damage or inferiority has been concealed in
any manner; or (4) any substance has been added thereto to such food or
mixed or packed therewith with such food so as to increase its such food's
bulk or weight, or reduce its such food's quality or strength or make it such
food appear better or of greater value than it is . This subsection does not
apply to any cured or smoked pork product by reason of its such product
containing added water.
(c) If ItSuch food is confectionery and it bears or contains any alcohol
or nonnutritive article or substance except harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of 0.4%, harmless natural
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wax not in excess of 0.4%, harmless natural gum, and pectin. This
subsection does not apply to any confectionery by reason of its such
confectionery containing not more than 1% by volume of alcohol, or to
any chewing gum by reason of its such chewing gum containing harmless
nonnutritive masticatory substances.
(d) If It Such food is or, bears or contains any color additive that is
unsafe within the meaning of K.S.A. 65-667, and amendments thereto:
(1) Butylated hydroxyanisole;
(2) propylparaben;
(3) FD&C blue no. 1;
(4) FD&C blue no. 2;
(5) FD&C green no. 3;
(6) FD&C red no. 3;
(7) FD&C red no. 40;
(8) FD&C yellow no. 5; or
(9) FD&C yellow no. 6.
Sec. 3. K.S.A. 65-668 is hereby amended to read as follows: 65-668.
A drug or device shall be deemed to be adulterated if the drug or device:
(a) (1) If it Consists in whole or in part of any filthy, putrid, or
decomposed substance; or
(2) (A) if it has been produced, prepared, packed or held under
insanitary conditions whereby it such drug or device may have been
contaminated with filth, or whereby it such drug or device may have been
rendered injurious to health; or
(B) if it (3) is a drug and the methods used in, or the facilities or
controls used for, its such drug's manufacture, processing, packing, or
holding do not conform to or are not operated or administered in
conformity with current good manufacturing practice to assure that such
drug meets the requirements of this act as to safety and has the identity and
strength, and meets the quality and purity characteristics , which it that
such drug purports or is represented to possess; or
(3) if it (4) is a drug and its container is composed, in whole or in
part, of any poisonous or deleterious substance which that may render the
contents injurious to health; or
(4) if (A) it (5) is a drug and it bears or contains , for purposes of
coloring only, a synthetic color additive which is unsafe within the
meaning of K.S.A. 65-667, or (B) it is a color additive, the intended use of
which in or on drugs is for purposes of coloring only, and is unsafe within
the meaning of K.S.A. 65-667.;
(b) If it purports to be or is represented as a drug the name of which is
recognized in an official compendium, and its strength differs from, or its
quality or purity falls below, the standard set forth in such compendium.
Such determination as to strength, quality, or purity shall be made in
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accordance with the tests or methods of assay set forth in such
compendium, or in the absence of or inadequacy of such tests or methods
of assay, those prescribed under authority of the federal act. No drug
defined in any official compendium shall be deemed to be adulterated
under this paragraph subsection because it such drug differs from the
standard of strength, quality, or purity therefor set forth in such
compendium, if its such drug's difference in strength, quality , or purity
from such standard is plainly stated on its label. Whenever a drug is
recognized in both the United States pharmacopoeia and the homeopathic
pharmacopoeia of the United States it , such drug shall be subject to the
requirements of the United States pharmacopoeia unless it such drug is
labeled and offered for sale as a homeopathic drug, in which case it, such
drug shall be subject to the provisions of the homeopathic phamacopoeia
of the United States and not to those of the United States pharmacopoeia.;
(c) If it is a drug not subject to the provisions of paragraph
subsection (b) of this section and its such drug's strength differs from, or
its such drug's purity or quality falls below, that which it such drug
purports or is represented to possess.; or
(d) If it is a drug and any substance has been (1) mixed or packed
therewith so as to reduce its such drug's quality or strength; or (2)
substituted wholly or in part therefor.
Sec. 4. K.S.A. 65-682 is hereby amended to read as follows: 65-682.
(a) (1) The secretary, after providing notice and an opportunity for a
hearing in accordance with provisions of the Kansas administrative
procedure act, may impose a civil penalty in an amount of not more than:
(A) $1,000 per violation of the food, drug and cosmetic act or rule
and regulation adopted, or order issued thereunder , except as otherwise
provided by subparagraph (B); or
(B) $500,000 per violation of K.S.A. 65-668(a)(4), and amendments
thereto.
(2) In the case of a continuing violation, each day such violation
continues shall be deemed a separate violation. Such civil penalty may be
assessed in addition to any other penalty provided by law.
(b) Any party aggrieved by an order of the secretary as provided in
subsection (a) may appeal such order to the district court in the manner
provided by the Kansas judicial review act.
(c) Any penalty recovered pursuant to the provisions of subsection (a)
shall be remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the state general fund.
(d) Any person who recklessly or intentionally violates the provisions
of:
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(1) The food, drug and cosmetic act, or rules and regulations adopted
thereunder, except as otherwise provided by paragraph (2), shall be guilty
of a class A, nonperson misdemeanor; or
(2) the provisions of K.S.A. 65-668(a)(5), and amendments thereto,
shall be guilty of a drug severity level 5 felony.
(e) The penalty provisions of subsections (a) and (d) shall not apply
to any person who offers for sale, or sells, within this state, less than
$5,000, in aggregate, of adulterated food, per month, when the food is
adulterated by including any of the additives listed in K.S.A. 65-664(d),
and amendments thereto.
Sec. 5. K.S.A. 65-657, 65-664, 65-668 and 65-682 are hereby
repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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