65-2305.Enforcement by secretary of health and environment; rules,regulations and orders; notice and hearing.(a) The secretary of health and environment shall have the power and authorityand is hereby charged with the duty of enforcing the provisions of this act,and the secretary is hereby authorized and directed to make, amend or revokerules and regulations and orders for the efficient enforcement of this act.
(b) In the event of findings by the secretary that there is an existingor imminent shortage of any ingredient required to enrich flour, whitebread or rolls in order to comply with this act, and that because of suchshortage the sale and distribution of flour or white bread or rolls may beimpeded by the enforcement of this act, the secretary shall issue an order,to be effective immediately upon issuance, permitting the omission of suchingredient from flour or white bread or rolls; and if the secretary findsit necessary or appropriate, excepting such foods from the labelingrequirements of this act until the further order of the secretary. Any suchfindings may be made without hearing on the basis of an order or offactual information supplied by the appropriate agency or officer. In theabsence of any such order of the appropriate agency or factual informationsupplied by it, the secretary on the secretary's own motion may, and uponreceiving the sworn statement of 10 or more persons subject to thisact that they believe such a shortage exists or is imminent shall hold apublic hearing as provided in subsection (f) with respect thereto, at whichany interested person may present evidence; and shallmake findings based upon the evidence presented.
(c) Whenever the secretary has reason to believe that such shortage nolonger exists, the secretary shall hold a public hearing as provided insubsection (f), after noticeshall have been given as provided in K.S.A. 77-421 prior toadoption of rules and regulations, at which any interested person may presentevidence, and the secretary shall make findings based upon the evidence sopresented. If the secretary's findings be that such shortage no longerexists, the secretary shall issue an order revoking such previous order.Undisposed floor stocks of flour on hand at the effective date of suchrevocation order, or flour manufactured prior to such effective date, forsale in this state may thereafter be lawfully sold or disposed of.
(d) All orders and rules and regulations adopted by the secretary pursuantto this act shall become effective as provided by law.
(e) For the purposes of this act, the secretary is authorized to takesamples for analysis and to conduct examinations and investigations throughany officers or employees under the secretary's supervision, and all suchofficers and employees shall have authority to enter, at reasonable times,any factory, mill, warehouse, shop or establishment where flour, whitebread or rolls are manufactured, processed, packed, sold, or held, or anyvehicle being used for the transportation thereof, and to inspect any suchplace or vehicle and any flour, white bread or rolls therein, and allpertinent equipment, materials, containers and labeling.
(f) All administrativeproceedings conducted pursuant to article 23 of chapter 65 of the KansasStatutes Annotated, and amendments thereto, shall be conducted in accordancewith the provisions of the Kansas administrative procedures act and the act forjudicial review and civil enforcement of agency actions. In conducting thehearing the secretary or the presiding officer may issuesubpoenas to compel the attendanceof witnesses, administer oaths, take testimony, require the production ofbooks, papers, records, correspondence or other documents which the secretaryor the presiding officer deems relevant and renderdecisions. In case of the refusal of any person to comply with any subpoenaissued under this section or to testify with respect to any matter aboutwhich the person may be lawfully questioned, the district court of any countyon application of the secretary may issue an order requiring such person tocomply with the subpoena and to testify, and any failure to obey the order ofthe court may be punished by the court as a contempt thereof.
History: L. 1947, ch. 331, § 5; L. 1965, ch. 506, § 32;L. 1975,ch. 462, § 100; L. 1982, ch. 258, § 8;L. 2004, ch. 145, § 24; July 1, 2005.
65-2305.Enforcement by secretary of health and environment; rules,regulations and orders; notice and hearing.(a) The secretary of health and environment shall have the power and authorityand is hereby charged with the duty of enforcing the provisions of this act,and the secretary is hereby authorized and directed to make, amend or revokerules and regulations and orders for the efficient enforcement of this act.
(b) In the event of findings by the secretary that there is an existingor imminent shortage of any ingredient required to enrich flour, whitebread or rolls in order to comply with this act, and that because of suchshortage the sale and distribution of flour or white bread or rolls may beimpeded by the enforcement of this act, the secretary shall issue an order,to be effective immediately upon issuance, permitting the omission of suchingredient from flour or white bread or rolls; and if the secretary findsit necessary or appropriate, excepting such foods from the labelingrequirements of this act until the further order of the secretary. Any suchfindings may be made without hearing on the basis of an order or offactual information supplied by the appropriate agency or officer. In theabsence of any such order of the appropriate agency or factual informationsupplied by it, the secretary on the secretary's own motion may, and uponreceiving the sworn statement of 10 or more persons subject to thisact that they believe such a shortage exists or is imminent shall hold apublic hearing as provided in subsection (f) with respect thereto, at whichany interested person may present evidence; and shallmake findings based upon the evidence presented.
(c) Whenever the secretary has reason to believe that such shortage nolonger exists, the secretary shall hold a public hearing as provided insubsection (f), after noticeshall have been given as provided in K.S.A. 77-421 prior toadoption of rules and regulations, at which any interested person may presentevidence, and the secretary shall make findings based upon the evidence sopresented. If the secretary's findings be that such shortage no longerexists, the secretary shall issue an order revoking such previous order.Undisposed floor stocks of flour on hand at the effective date of suchrevocation order, or flour manufactured prior to such effective date, forsale in this state may thereafter be lawfully sold or disposed of.
(d) All orders and rules and regulations adopted by the secretary pursuantto this act shall become effective as provided by law.
(e) For the purposes of this act, the secretary is authorized to takesamples for analysis and to conduct examinations and investigations throughany officers or employees under the secretary's supervision, and all suchofficers and employees shall have authority to enter, at reasonable times,any factory, mill, warehouse, shop or establishment where flour, whitebread or rolls are manufactured, processed, packed, sold, or held, or anyvehicle being used for the transportation thereof, and to inspect any suchplace or vehicle and any flour, white bread or rolls therein, and allpertinent equipment, materials, containers and labeling.
(f) All administrativeproceedings conducted pursuant to article 23 of chapter 65 of the KansasStatutes Annotated, and amendments thereto, shall be conducted in accordancewith the provisions of the Kansas administrative procedures act and the act forjudicial review and civil enforcement of agency actions. In conducting thehearing the secretary or the presiding officer may issuesubpoenas to compel the attendanceof witnesses, administer oaths, take testimony, require the production ofbooks, papers, records, correspondence or other documents which the secretaryor the presiding officer deems relevant and renderdecisions. In case of the refusal of any person to comply with any subpoenaissued under this section or to testify with respect to any matter aboutwhich the person may be lawfully questioned, the district court of any countyon application of the secretary may issue an order requiring such person tocomply with the subpoena and to testify, and any failure to obey the order ofthe court may be punished by the court as a contempt thereof.
History: L. 1947, ch. 331, § 5; L. 1965, ch. 506, § 32;L. 1975,ch. 462, § 100; L. 1982, ch. 258, § 8;L. 2004, ch. 145, § 24; July 1, 2005.
65-2305.Enforcement by secretary of health and environment; rules,regulations and orders; notice and hearing.(a) The secretary of health and environment shall have the power and authorityand is hereby charged with the duty of enforcing the provisions of this act,and the secretary is hereby authorized and directed to make, amend or revokerules and regulations and orders for the efficient enforcement of this act.
(b) In the event of findings by the secretary that there is an existingor imminent shortage of any ingredient required to enrich flour, whitebread or rolls in order to comply with this act, and that because of suchshortage the sale and distribution of flour or white bread or rolls may beimpeded by the enforcement of this act, the secretary shall issue an order,to be effective immediately upon issuance, permitting the omission of suchingredient from flour or white bread or rolls; and if the secretary findsit necessary or appropriate, excepting such foods from the labelingrequirements of this act until the further order of the secretary. Any suchfindings may be made without hearing on the basis of an order or offactual information supplied by the appropriate agency or officer. In theabsence of any such order of the appropriate agency or factual informationsupplied by it, the secretary on the secretary's own motion may, and uponreceiving the sworn statement of 10 or more persons subject to thisact that they believe such a shortage exists or is imminent shall hold apublic hearing as provided in subsection (f) with respect thereto, at whichany interested person may present evidence; and shallmake findings based upon the evidence presented.
(c) Whenever the secretary has reason to believe that such shortage nolonger exists, the secretary shall hold a public hearing as provided insubsection (f), after noticeshall have been given as provided in K.S.A. 77-421 prior toadoption of rules and regulations, at which any interested person may presentevidence, and the secretary shall make findings based upon the evidence sopresented. If the secretary's findings be that such shortage no longerexists, the secretary shall issue an order revoking such previous order.Undisposed floor stocks of flour on hand at the effective date of suchrevocation order, or flour manufactured prior to such effective date, forsale in this state may thereafter be lawfully sold or disposed of.
(d) All orders and rules and regulations adopted by the secretary pursuantto this act shall become effective as provided by law.
(e) For the purposes of this act, the secretary is authorized to takesamples for analysis and to conduct examinations and investigations throughany officers or employees under the secretary's supervision, and all suchofficers and employees shall have authority to enter, at reasonable times,any factory, mill, warehouse, shop or establishment where flour, whitebread or rolls are manufactured, processed, packed, sold, or held, or anyvehicle being used for the transportation thereof, and to inspect any suchplace or vehicle and any flour, white bread or rolls therein, and allpertinent equipment, materials, containers and labeling.
(f) All administrativeproceedings conducted pursuant to article 23 of chapter 65 of the KansasStatutes Annotated, and amendments thereto, shall be conducted in accordancewith the provisions of the Kansas administrative procedures act and the act forjudicial review and civil enforcement of agency actions. In conducting thehearing the secretary or the presiding officer may issuesubpoenas to compel the attendanceof witnesses, administer oaths, take testimony, require the production ofbooks, papers, records, correspondence or other documents which the secretaryor the presiding officer deems relevant and renderdecisions. In case of the refusal of any person to comply with any subpoenaissued under this section or to testify with respect to any matter aboutwhich the person may be lawfully questioned, the district court of any countyon application of the secretary may issue an order requiring such person tocomply with the subpoena and to testify, and any failure to obey the order ofthe court may be punished by the court as a contempt thereof.
History: L. 1947, ch. 331, § 5; L. 1965, ch. 506, § 32;L. 1975,ch. 462, § 100; L. 1982, ch. 258, § 8;L. 2004, ch. 145, § 24; July 1, 2005.
