MEDIA ADVISORY: KDHE Issues Fines for Kansas Food Code Violations

The Kansas Department of Health and Environment has issued administrative orders assessing civil penalties against several food service establishments for violations of the Kansas Food Code. Penalty assessment letters were mailed on the days indicated to the following establishments:

• July 7, 2003 Kansas City’s Wal-Mart #1151, 6565 State Ave, Kansas City
• July 7, 2003 Arby’s #1170, 7700 E. Kellogg, Wichita
• July 7, 2003 Redwood Drive In, 11610 Kaw Drive, Edwardsville
• July 11, 2003 Tanner’s, 12906 W. 87th, Lenexa
• July 22, 2003 Vivian’s Café, 408 W. Ave A, Cimarron
• July 22, 2003 Cactus Grill, 11849 Roe, Leawood
• July 22, 2003 Fulton’s Tavern, 1223 Oregon, Sabetha
• July 22, 2003 Garcia’s Restaurant, 800 E. Oklahoma, Ulysses
• July 22, 2003 Heritage Restaurant, 4551 South Broadway, Wichita
• July 22, 2003 Pizza Hut Café, 7700 E. Kellogg, Wichita
• July 24, 2003 AJ’s Café, 1316 19th St., Belleville
• July 28, 2003 Jefferson’s Restaurant, 743 Massachusetts St., Lawrence
• July 31, 2003 Chevy’s Fresh Mex, 6465 E. Frontage Rd. Merriam

The department seeks to work constructively with licensed establishments to ensure compliance with the Kansas Food Code which protects the public from the risk of foodborne illness. Whenever a food safety inspector identifies a violation, the inspector immediately notifies the person in charge and advises them on the proper way to make a correction. Violations are often corrected in this manner during the inspection. Where critical violations are not corrected with the inspector on-site, an unannounced follow-up inspection is conducted.

When an inspector documents the same Food Code violation(s) on consecutive visits to the same establishment, it is KDHE’s policy to issue fines. The fine for an individual violation can range up to $500 per violation for each day the violation is documented. All fines are subject to appeal as governed under the Kansas Administrative Procedures Act. By statute, an establishment has 20 calendar days from the date the order was mailed, plus three days for mailing to file for an appeal or to pay the fine.

KDHE’s purpose in issuing this advisory is to promote awareness of the requirements of the Kansas Food Code.

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