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:

• October 20 Eaton’s Drive In, 1000 Kansas Ave., Kansas City
• October 28 Waterhole, 3515 N Broadway, Wichita
• November 10 Chic A Dee Café, 3036 SE 6th St., Topeka
• November 10 Come N Go, 5531 Leavenworth Road, Kansas City
• November 10 Jalisco’s Restaurant, 1411 S. 26th St., Kansas City
• November 19 Papa John’s, 7361 State Ave., Kansas City
• November 19 Burrito King, 900 Illinois, Lawrence

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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