FAQ - Food Safety

• What is a food establishment?

  A Food Establishment is any operation that provides food directly to the end consumer. A Food Establishment is defined in Kansas law as any place in which food is prepared, served or offered for sale or service on the premises or elsewhere. Food Establishments include eating or drinking establishments, fixed or mobile restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, tea rooms, grills, sandwich shops, soda fountains, taverns, private clubs, roadside stands, industrial feeding establishments, catering kitchens, commissaries and any other private, public or nonprofit organizations routinely serving food as well as grocery stores, convenience stores, bakeries and locations where food is provided for the public with or without charge.

   

  Roadside markets that offer only whole fresh fruits, nuts and vegetables for sale are not considered Food Establishments.
  
  Please visit our application page to apply for your food service license.
  
  

• What is a food manufacturer?

  A food manufacturer, or a Food Processing Plant, is defined in Kansas law as a commercial operation that processes or stores food for human consumption and provides food for distribution to other business entities at other locations, including other food processing plants and food establishments.
  
  Any operation or individual beekeeper that produces and distributes bulk honey to other business entities is not considered a Food Processing Plant if the producer does not process the honey beyond extraction from the comb.
  
  Please visit our application page to apply for your food processing/manufacturer license.
  
  

• How do I get a license to sell food?

  Please visit our Starting a Food Business page to get assistance with what kind of license you need.

• Where can I find the food/lodging/egg laws?

  The Kansas Food Safety and Lodging program statutes, Kansas Food Code, and Kansas Egg Law can all be found here. 

• Do I need to submit construction plans for my food or lodging establishment?

  Yes. All newly constructed or remodeled Food Establishments and Lodging Establishments must submit plans to the Kansas Department of Agriculture, Food Safety and Lodging Program. 
  
  KDA will review plans twice a month, on the second and fourth week of the month.
  
  KDA's plan review focuses on equipment layout and plumbing fixture placement. A copy of the proposed menu is also required.
  
  You may submit plans via email (preferred) to kda.fsl@ks.gov or by mail to: Kansas Department of Agriculture, Food Program, 1320 Research Park Drive, Manhattan, KS 66502.
  
  You should also contact your local building, fire, plumbing, and/or other code enforcement agency, as applicable.
  
  Food Processing Plants are not required to submit plans, but we would be happy to provide technical assistance.

• What do I need to submit for a plan review and how?

  You will need to submit a plan review application and a facility layout including equipment locations and plumbing information. You do not need to submit equipment cut sheets unless there is a specific item you would like approved.  Plans can be submitted by email (preferred), mail, or fax. Full blueprint sets are not required.
  
  Email submissions: kda.fsl@ks.gov
  FAX submissions: 785-564-6779
  Mail submissions: Food Safety Plans, Kansas Department of Agriculture, 1320 Research Park Dr, Manhattan, KS 66502
  
  You may use our calculators to assist with your planning.
  
  The plan review process helps to prevent costly changes after construction or renovation.
  
  Onsite planning inspections are also available upon request. Contact the program at 785-564-6767 to schedule a planning inspection.

• How long does the plan review process take?

  KDA will review plans twice a month, during the second and fourth week of each month.  A letter will be sent to you after review. Paper submissions may take longer to review.
  
  You do not need to submit equipment cut sheets unless there is a specific item you would like approved.  Plans can be submitted by email (preferred), mail, or fax. Full blueprint sets are not required.
  
  Email submissions: kda.fsl@ks.gov
  FAX submissions: (785) 564-6779
  Mail submissions: Food Safety Plans, Kansas Department of Agriculture, 1320 Research Park Dr, Manhattan, KS 66502
  
  You may use our calculators to assist with your planning.
  
  The plan review process helps to prevent costly changes after construction or renovation.
  
  Onsite planning inspections are also available upon request. Contact the program at 785-564-6767 to schedule a planning inspection.

• What types of finishes am I allowed to use in my facility?

  Floors

  • Quarry tile with epoxy grout
  • Poured seamless (epoxy)
  • Sealed concrete
  • Heat sealed sheet vinyl or tile

  Walls

  • Stainless steel
  • Fiber Glass Reinforced Panels (FRP)
  • Painted Gypsum Board (Sheet Rock)
  • Ceramic Tile
  • Painted/Sealed Cinderblock
  • Sealed Wood

  Ceilings

  • Drywall with epoxy or enamel paint
  • Plastic laminate
  • Dropped Ceiling – vinyl coated sheet-rock

• How much capacity is needed for cold holding, dry storage, and/or my water heater?

  Use one of the following calculators as a planning aid to determine the correct size or capacity for your operation.
  
  Dry Storage
  Refrigeration (Cold Storage)
  Water Heater

• When are plans required by the Kansas Food Code §8-201.11?

  • Before construction
  • Conversion of existing structure and facilities
  • Major remodel, change of type of food establishment, change in type food operation, moving plumbing fixtures

  You do not need to submit equipment cut sheets unless there is a specific item you would like approved. Plans can be submitted by email (preferred), mail, or fax. Full blueprint sets are not required.
  
  Email submissions: kda.fsl@ks.gov
  FAX submissions: 785-564-6779
  Mail submissions: Food Safety Plans, Kansas Department of Agriculture, 1320 Research Park Dr, Manhattan, KS 66502
  
  You may use our calculators to assist with your planning.
  
  The plan review process helps to prevent costly changes after construction or renovation.
  
  Onsite planning inspections are also available upon request. Contact the program at 785-564-6767 to schedule a planning inspection.

• What is a retail food store?

  This is most commonly thought of as a grocery store or convenience store. A retail food store could be a whole store or a part of a store and it sells food and food products to consumer for off-premises consumption. Retail food stores are considered food establishments.

• How do I get a license for my hot dog cart or other mobile food unit?

  Mobile Food Establishments, such as hot dog carts, concession trailers, and barbecue trailers, must have all necessary equipment for safe and sanitary operations. The unit must have a water supply, wastewater disposal, and a handwashing sink. Depending on the type of operation, a warewashing sink, hot food holding equipment, cold food holding equipment, cooking equipment, or other equipment may be required.
  
  Please review the Kansas Food Code for more information about equipment and process requirements.
  
  If you plan to build your mobile unit, please visit our FAQ for construction plan reviews.
  
  Please visit our Starting a Food Business page for additional information about obtaining a Food Establishment License.
  
  Please refer to the planning question for more information about submitting your drawings.

• Can I make food products in my home to sell to the consumer?

  Except for sales of exempt foods directly to the end consumer, you must have a properly equipped, licensed facility separate from your personal use kitchen to make food for the public or for wholesale.
  
  Exempt foods are foods that do not require time and temperature control for safety and do not require specialized processing. Refer to the Food Sales at Farmers' Markets page for more information about exempt food sales.
  
  Please contact our office at 785-564-6767 or kda.fsl@ks.gov for more information about licensing.

• Can I sell fruits and vegetables to consumers, grocery stores, and/or restaurants?

  A food safety license is not required for growers who sell their fresh, uncut produce directly to end consumer or to Food Processing Plants or Food Establishments. However, a Food Processing Plant license is required if the operation aggregates produce from different producers or cuts or otherwise processes produce, including cut leafy greens.
  
  KDA recommends that all growers review information about the Good Agricultural Practices (GAPs). Check out the GAPs self-assessment worksheet.  The Grower’s Guide is also helpful, as well as the FDA Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables. All of these resources have information on best practices for irrigation water.

   

• Do I need a food safety license to make and sell spice mixes?

  Exempt foods, such as spice mixes, are foods that do not require time and temperature control for safety and do not require specialized processing. Refer to the Food Sales at Farmers' Markets page for more information about exempt food sales.
  
  If you want to sell your spice mixes for further distribution, such as wholesale sales to grocery stores and restaurants, you must have a properly equipped, licensed facility separate from your personal use kitchen.
  
  Please contact our office at 785-564-6767 or kda.fsl@ks.gov for more information about licensing.

• Do I need a food safety license to sell coffee beans or ground coffee?

  Exempt foods, such as roasted coffee beans or ground coffee, are foods that do not require time and temperature control for safety and do not require specialized processing. Refer to the Food Sales at Farmers' Markets page for more information about exempt food sales.
  
  If you want to roast and sell your coffee for further distribution, such as wholesale sales to grocery stores and restaurants, you must have a properly equipped, licensed facility separate from your personal use kitchen.
  
  Please contact our office at 785-564-6767 or kda.fsl@ks.gov for more information about licensing.

• Are service animals allowed in food facilities like restaurants and grocery stores?

  The Kansas Food Code provides that service animals may be allowed in Food Establishments under the following conditions:

  • In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person, are allowed in a Food Establishment if a health or safety hazard will not result from the presence or activities of the service animal and if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result.

  Please refer to the U.S. Department of Justice Service Animal handout for more information about what animals are considered service animals.

• I have some food that is expired. Is it safe to eat?

  Except for infant formula, which can lose nutritional value, foods from commercial manufacturers are not required to use sell-by, use-by, or best-by dates.
  
  Contact the manufacturer for more information about their specific products.

• Do I need a Kansas food safety license to ship food into Kansas?

  Only food facilities located and/or operating in Kansas are required to have a Kansas food safety license. However, all food businesses must comply with federal regulations and state regulations in the state where the physical facility is located. You should also check with the Kansas Secretary of State to register your business. 

• Do I have to register with the Kansas Department of Agriculture to ship bottled water into Kansas?

  KDA does not require any registration of water bottlers located outside of Kansas. Only food (including beverages) facilities located in Kansas are required to have a Kansas food safety license. However, all food businesses must comply with federal regulations and state regulations in the state where the physical facility is located. You should also check with the Kansas Secretary of State to register your business.

• How do I become a food inspector?

  State job postings are available at https://admin.ks.gov/services/state-employment-center/. The Kansas Department of Agriculture Food Safety program has inspector vacancies from time to time. The inspector positions are called Food Drug and Lodging Surveyor I.
  
  We require our food safety inspectors to have a college degree, with preference given to science degrees, or a combination of education and relevant experience, such as food service management experience.

• How do I report milk or dairy products that are spoiled, soured or contaminated?

  The dairy inspection program of the KDA investigates all consumer complaints that we receive concerning dairy products. You can contact us by phone at 785-564-6776 or fill out a consumer complaint form online. Once a complaint is received you will be contacted by phone and if necessary a KDA inspector will collect a sample of the dairy product in question for analysis in our KDA dairy laboratory. Following the investigation, you will be made aware of any action that was taken.

• What are the regulations concerning the sale of raw milk (unpasteurized) in Kansas?

  In Kansas, raw milk may be sold directly to the end consumer from the farm where the milk was produced. The raw milk producers are allowed to advertise outside of the farm, but the sale still needs to happen on the farm in which the milk is produced. The advertising sign and any containers used must plainly state that the milk is raw milk (unpasteurized milk).
  

• How do I get a license for my restaurant?

  Food Establishments, including restaurants, must have all necessary equipment for safe and sanitary operations. The facility must have a water supply, wastewater disposal, and a handwashing sinks. Depending on the type of operation, a warewashing sink, hot food holding equipment, cold food holding equipment, cooking equipment, or other special equipment may be required.
  
  Please review the Kansas Food Code for more information about equipment and process requirements.
  
  If you plan to build your mobile unit, please visit our FAQ for construction plan reviews.
  
  Please visit our Starting a Food Business page for additional information about obtaining a Food Establishment License.

  Please refer to the planning question for more information about submitting your drawings.

• Why do I have to have my pepper jelly evaluated before I can sell it under the Direct-to-Consumer license exemption?

  Traditional fruit jams and jellies rely on acidity (measured as pH) and available moisture (measured as Water Activity) to prevent formation of botulinum toxin, which causes botulism.
  
  Adding the flesh or seeds of peppers to a jam or jelly can change the food chemistry enough to allow botulinum toxin to form. This type of product must be evaluated by a process authority. One option for product evaluation is the Kansas Value Added Foods Lab at K-State.
  
  Adding a small amount of pepper-flavored vinegar or pepper powder to a jam or jelly does not require product evaluation before sale under the Direct-to-Consumer license exemption.

• Do I have to have a Kansas food license or registration to ship bottled water into Kansas?

  Only water bottling facilities located in Kansas are required to have a Kansas food safety license. However, all food businesses must comply with federal regulations and state regulations in the state where the physical facility is located. You should also check with the Kansas Secretary of State to register your business.

• Can food establishments obtain raw, uncut produce directly from the grower?

  Yes. Agricultural producers may provide produce of their own production directly to consumers or food establishments. An agricultural producer is any entity that produces an agricultural product. A school, individual, licensed food establishment, or other entity can be an agricultural producer.
  
  A food safety license is not required for growers who sell their fresh, uncut produce directly to end consumer or to Food Processing Plants or Food Establishments. However, a Food Processing Plant license is required if the operation aggregates produce from different producers or cuts or otherwise processes produce, including cut leafy greens.
  
  KDA recommends that all growers review information about the Good Agricultural Practices (GAPs). Check out the GAPs self-assessment worksheet.  The Grower’s Guide is also helpful, as well as the FDA Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables. All of these resources have information on best practices for irrigation water.

• Can food establishments use produce that they grow themselves?

  Yes. Some points to remember are:

  • The grower is considered an approved source for a food establishment.
  • The grower may sell directly from their production site or through a farmers market.
  • Growers are not typically licensed by the Kansas Department of Agriculture (KDA).
  • All producers are responsible to assure that their produce is safe and wholesome and must comply with applicable laws, including pesticide use restrictions. Individuals seeking assistance on safe growing information and cultural practices should contact their county K-State extension office.

• How can a buyer or user help assure produce safety?

  KDA recommends that buyers:

  • Identify the source of the product (ask for an invoice, etc., that identifies the supplier's or grower's name and address). Good record keeping is particularly important in case of a trace back of a product due to illness or injury.
  • Develop supplier agreements or contract specifications to assure products meet your standards. For example: "All apples must be tree picked and graded to U.S. No. 1, Large 3" minimum standards".
  • Obtain produce from those who follow or have been certified in Good Agricultural Practices (GAP) and Good Handling Practices (GHP).
  • Visit the production facility or ask for more information on production practices (if applicable).
  • Look at the transportation vehicle for chemicals, cleanliness, odors, and obvious debris.
  • Look at pallets, packages and boxed stored foods for cross-contamination.
  • Inspect the produce for signs of insects, disease, bruising and damage, freshness, over-ripeness, and immaturity.
  • Examine packages of food products to make sure that they are intact and not leaking, and for signs of contamination by rodents, insects or birds.
  • Wash produce before using it to remove soil and surface contamination.
  • Refrigerate leafy greens upon receipt.
  • Assure that produce being sold as organic is certified by a certifying agency.
  • Contact KDA with any complaints or concerns about produce safety.

• Can food establishments obtain meat directly from the producer?

  Yes, if the product has a KDA Meat & Poultry Inspection or a United States Department of Agriculture - Food Safety Inspection Service (USDA) inspection mark that shows the products were produced under meat and poultry inspection.