Current through Register Vol. 43, No. 12, March 20, 2024
(a) Each food establishment required to be
licensed shall be assessed by the secretary for classification by risk level
according to this regulation. The following classifications shall be used to
determine licensing fees and inspection frequency at food establishments:
(1) A "category I facility" shall mean a food
establishment that presents a high relative risk of causing food-borne illness
based upon the usage of food-handling processes associated with food-borne
illness outbreaks. Factors considered in classifying a food establishment as a
category I facility shall include whether the food establishment meets any of
the following conditions:
(A) Cooks, cools, or
reheats food that requires time and temperature control for safety;
(B) uses freezing as a means to achieve
parasite destruction;
(C) handles
raw, in-shell molluscan shellfish ingredients;
(D) uses specialized processing;
(E) has a required hazard analysis critical
control point plan; or
(F) offers
for consumption without further preparation any food containing raw or
undercooked eggs, meat, poultry, fish, or shellfish.
(2) A "category II facility" shall mean a
food establishment that presents a moderate relative risk of causing food-borne
illness based upon the usage of a limited number of food-handling processes
associated with food-borne illness outbreaks. Factors considered in classifying
a food establishment as a category II facility shall include whether the food
establishment meets any of the following conditions:
(A) Prepares baked products;
(B) repackages foods from a licensed food
processor in smaller quantities for distribution;
(C) heats only foods from a licensed food
processor; or
(D) handles, cuts,
grinds, or slices only raw animal foods or ready-to-eat meats and
cheeses.
(3) A "category
III facility" shall mean a food establishment that presents a low relative risk
of causing food-borne illness based upon the usage of few or no food-handling
processes associated with food-borne illness outbreaks. Factors considered in
classifying a food establishment as a category III facility shall include
whether the food establishment meets any of the following conditions:
(A) Offers self-service beverages;
(B) offers prepackaged food and beverages,
including those prepackaged foods and beverages that are required to be held at
a temperature of 41°F or below for food safety; or
(C) offers unpackaged food that does not
require time and temperature control for safety, including mixed
drinks.
(4) A "category
IV facility" shall mean a food establishment that presents a very low relative
risk of causing food-borne illness based upon the usage of few or no
food-handling processes associated with food-borne illness outbreaks. The food
establishment shall have systematic controls in place to further reduce the
risk of a food-borne illness outbreak. Factors considered in classifying a food
establishment as a category IV facility shall include whether the food
establishment meets the following conditions:
(A)
(i)
Offers prepackaged food and beverages, including those prepackaged foods and
beverages that are required to be held at a temperature of 41 °F or below
for food safety;
(ii) offers
unpackaged food that does not require time and temperature control for safety;
or
(iii) offers prepackaged food
and beverages, including those prepackaged foods and beverages that are
required to be held at a temperature of 41°F or below for food safety, and
unpackaged food that does not require time and temperature control for safety;
and
(B) has the following
controls in place in a structure that has limited or controlled access,
including an office building with keyed entrances or security guards:
(i) Continuous electronic monitoring of all
food items that require temperature control for safety;
(ii) a means to prevent lawful purchase of a
food that has been held outside of the time and temperature combinations
specified in the Kansas food code by physical lockout, transaction lockout, or
other equivalent method; and
(iii)
remote monitoring and recording of video surveillance covering all areas of the
food establishment.
(b) Each food establishment with operations
in multiple categories shall be placed in the highest risk-level category. A
history of a food establishment's noncompliance with applicable statutes and
regulations may be considered and may warrant placement of the food
establishment in a higher risk-level category. The risk level assigned to a
food establishment may be changed if the secretary determines that the change
is warranted based upon the degree of risk of a health hazard and protection of
the public health and safety.
(c)
Each person operating or intending to operate a food establishment shall submit
an application on a form prescribed by the secretary with the following fees,
as applicable:
(1) Category I facilities.
(A) Application fee. Each person shall submit
a onetime application fee based on the size of the food establishment as
follows:
(i) Less than 5,000 square feet:
$300;
(ii) 5,000 through 10,000
square feet: $325;
(iii) 10,001
through 50,000 square feet: $350; and
(iv) more than 50,000 square feet:
$350.
(B) License fee.
Each person shall submit a license fee based on the size of the food
establishment as follows:
(i) Less than 5,000
square feet: $250;
(ii) 5,000
through 10,000 square feet: $300;
(iii) 10,001 through 50,000 square feet:
$500; and
(iv) more than 50,000
square feet: $750.
(2) Category II facilities.
(A) Application fee. Each person shall submit
a onetime application fee of $325.
(B) License fee. Each person shall submit a
license fee of $220.
(3)
Category III facilities.
(A) Application fee.
Each person shall submit a onetime application fee of $275.
(B) License fee. Each person shall submit a
license fee of $190.
(4)
Category IV facilities.
(A) Application fee.
Each person shall submit a onetime application fee of $100.
(B) License fee. Each person shall submit a
license fee of $75.
(d)
(1) Each
category I facility shall be inspected at least once every 12 months.
(2) Each category II facility shall be
inspected at least once every 15 months.
(3) Each category III facility shall be
inspected at least once every 18 months.
(4) Each category IV facility shall be
inspected at least once every 36 months.
(e) Each license shall expire on the first
March 31 following the date of issuance.
(f) Each license shall require annual renewal
by the licensee's submission of an online application for renewal available on
the department's web site and payment of the applicable license fee specified
in subsection (c).
(g) For the
purpose of this regulation, "mixed drink" shall mean any beverage combining two
or more liquids, including any combination of alcoholic or nonalcoholic
liquids.