KDHE Cites Facilities for Kansas Food Code Violations

The Kansas Department of Health and Environment (KDHE) has issued administrative orders assessing civil penalties, notices of intent to suspend facility licenses, and emergency suspension orders for several food service establishments for violations of the Kansas Food Code or for operating without a license. Letters were mailed on the days indicated to the following establishments:

Civil Penalty (fine):

• October 11 P.O.K. Corral Café, 403 Walnut, Augusta
• October 11 Popeye's Famous Fried Chicken, 1350 N. Hillside, Wichita
• October 11 Los Potrillos Mexican Restaurant, 2601 Market Place, Salina
• October 11 Jade Garden, 1410 Kasold #13, Lawrence
• October 11 Ramada Inn Downtown, 420 SE 6th, Topeka
• October 11 Golden Corral, 1601 Wanamaker Rd., Topeka
• October 13 Murphy Bros. Carnival (mu#0625), 10013 Alafia St., Gibsonton
• October 21 King's Buffet, 6160 E. Central Ave., Wichita
• October 21 Long John Silver's #5382, 6121 E. 21st St. N., Wichita
• October 21 Perkin's Restaurant & Bakery #1073, 7262 State Ave., Kansas City
• October 24 Taco Tico, 5120 E. 21st, Wichita

Emergency Order of Temporary Suspension:

• October 18 Gage Bowl Center, 4200 SW Huntoon, Topeka
• October 19 Iron Chef Café, 224 W. Greenway, Derby
• October 21 Saigon Restaurant, 1103 N. Broadway, Wichita

Order Lifting Suspension:

• October 7 Great Wall Chinese Restaurant, 1336 SW 17th St., Topeka
• October 21 Gage Center Bowl, 4200 SW Huntoon, Topeka
• October 25 Saigon Restaurant, 1103 N. Broadway, Wichita

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 Kansas Food Code requirements and state licensing requirements.

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