Current through Register Vol. 43, No. 12, March 20, 2024
(a)
Each establishment that requires inspection services at any time other than the
establishment's regularly scheduled inspection periods or requests voluntary
inspection services shall be subject to the charges specified in this
regulation to defray the department's costs of providing these inspection
services. Regularly scheduled inspection periods shall not include any legal
holiday or any officially observed holiday as designated in K.A.R.
1-9-2.
(b) Each establishment that
requests inspection services on a legal holiday or an officially observed
holiday as designated in K.A.R. 1-9-2 shall give the secretary at least two
weeks' notice before the holiday. Except for Martin Luther King, Jr. Day, the
Fourth of July, and Veterans' Day, if the legal holiday occurs or is observed
on a Monday or Friday, the fees shall also apply to inspection services
requested during the adjacent weekend.
(c)
(1) The
hourly fee shall be $28. The hourly fee shall be calculated in quarter-hour
units. Unless otherwise specified, a required minimum charge of two hours shall
be assessed.
(2) For slaughter with
the mark of inspection, the hourly fee shall be assessed for the amount of time
needed to conduct the inspection. The inspection shall include the inspector's
drive time to and from the establishment. If the establishment processes with
the mark of inspection that day, then the amount of time to inspect the
processing operations shall be included in the total inspection time.
(3) For processing with the mark of
inspection, a fee of $40 shall be assessed per day if the establishment is
processing with the mark of inspection and not slaughtering with the mark of
inspection.
(d) Each
establishment that requests inspection services over eight hours in one day
shall be assessed fees as follows, if the secretary can accommodate the extra
time:
(1) If the request is made before the
inspector's arrival at the establishment or while the inspector is at the
establishment, the hourly fee shall be assessed for the actual time of the
additional inspection. The two-hour minimum charge shall be waived, and the
inspector's drive time shall not be charged.
(2) If the request is made after the
inspector has left the establishment, the hourly fee shall be assessed,
including the two-hour minimum charge. The inspector's drive time shall not be
charged.
(3) If the establishment
requests to slaughter with the mark of inspection when the regularly inspected
operation is processing, the request may be granted by the secretary without
assessing overtime charges if the operations will not exceed the
establishment's regularly scheduled hours that day.
(4) Any requests specified in this subsection
may be denied by the secretary if the requested additional time at the
establishment causes inspections to be missed at other
establishments.
(e)
Payment of all applicable fees shall be due at or before the end of the month
following the date of the requested inspection services. If the fees are not
paid, requests for the following may be denied by the secretary:
(1) Inspection services on
holidays;
(2) inspection services
outside of the establishment's regularly scheduled inspection periods;
and
(3) voluntary inspection
services.
(f) Any
applicable fees may be waived by the secretary under either of the following
conditions:
(1) The establishment trades a
regularly scheduled day of inspection in the week during which the additional
inspection services are provided.
(2) Additional requested inspection services
can be provided without causing undue hardship to the program.
(g) For fees associated with 4-H
slaughter or processing, each establishment providing slaughter services
associated with 4-H shall be assessed fees as follows for each seven-day
calendar week, Sunday through Saturday:
(1)
The facility shall be provided with not more than eight hours of inspection
services without charge for 4-H slaughter operations in a 24-hour
period.
(2) Inspection services for
4-H slaughter for more than eight hours in a calendar week shall be subject to
the hourly fee specified in subsection (c) for slaughter.
(3) The fee may be waived if the facility
cancels a day of inspection in the same seven-day calendar week in which 4-H
slaughter is conducted.
(4) The fee
shall be assessed for actual inspection time and shall not include the
inspector's drive time to and from the facility.
