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):

. November 9 Colorado Nuts 4 U, 7700 E. Kellogg, Wichita
. November 9 Bennigans # 1732, 3251 S. Topeka Blvd., Topeka
. November 9 IHOP #2023, 1919 Prairie Crossing St., Kansas City
. November 9 Milton's, 920 Massachusetts, Lawrence
. November 9 Longhorn Smokehouse & Saloon, 108 S. Erpelding, Leonardville
. November 9 Parsons Country Club, 1187 24000 Rd., Parsons
. November 9 Pleasures, 4849 S. West, Wichita
. November 9 Frontier Café, 209 E. Frontier Pkwy, Oberlin
. November 9 El Mezcal II, 804 Iowa St., Lawrence
. November 9 Taco Tico, 1907 W. Main, Independence
. November 2 El Mezcal, 402 S. Main, Ottawa
. November 2 Lenore's La Casita, 2338 Planet Ave., Salina
. November 2 La Fiesta, 1200 E. Crawford, Salina
. November 2 Ponderosa Steak House #498, 9510 Quivira, Lenexa
. November 2 Corner Café, 223 Brownie Ave., Scranton
. November 2 Fourth Street Café, 400 E. 4th, Tonganoxie
. October 28 Laurie's Corner Deli, 922 Washington, Fredonia
. October 28 Imperial Garden, 2907 W. 6th St., Lawrence
. October 28 Redwood Drive In, 11610 Kaw Drive, Edwardsville
. October 28 Don's Restaurant, 1546 S. Broadway, Wichita
. October 28 China Star, 5825 W. Central, Wichita
. October 28 Godfather's Pizza #17008, 10514 W. 103rd, Overland Park
. October 28 Corona Garden, 1808 E. Santa Fe, Olathe
. October 28 Taco Tico, 1804 S. National, Fort Scott
. October 28 Benchwarmers, 5 E. Main St., Chanute

Emergency Order of Temporary Suspension:

. November 21 Lucille's Café. 102 William, Williamsburg (Lifted December 7th)
. November 9 China Palace, 910 S. Main St., Ottawa (Lifted November 14th)

Order Lifting Suspension:

. October 31 Iron Chef Café, 224 W. Greenway, Derby

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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