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):
· February 7 Walt’s, 800 E. Ross, Clearwater
· February 7 Liberty Food, 3600 Trail, Dodge City
· February 7 Peddler’s Inn Restaurant, West 160 Highway, Ulysses
· February 19 Cowboys Grill, 15 E. Huntington, Fort Scott
· February 19 Bad Habit Sports Bar & Grill, 2303 W. Wyatt Earp, Dodge City
· February 19 Bety Restaurant Tequeria, 3211 E. Hwy 50, Garden City
· February 19 Granny’s Chicken Ranch, 1340 Village West Pkwy, Kansas City
· February 19 Buffet City, 601 N. West St., Ste. 120, Wichita
· February 26 JB’s Sports Bar & Grill, 516 N. Broadway, Pittsburg
· March 3 Lone Star Steakhouse of Garden City, 2306 E. Kansas,
Garden City
· March 3 Burrito King, 900 Illinois, Lawrence
· March 3 Cattleman’s II, 744 E. Pancake Blvd., Liberal
· March 3 Penny’s Diner, 1127 Pony Express Hwy, Marysville
· March 3 Papa keno’s Pizzeria,7901 Santa Fe, Overland Park
· March 13 Yokohama Sushi, 1730 W. 23rd St., Lawrence
· March 13 Harvest House, 408 Union, McLouth
· March 13 McDonald’s #7636, 122 N. Seneca, Wichita

Notice of Intent To Suspend
· February 5 China Buffet Restaurant, 539 E. Pancake Blvd., Liberal
· February 7 Taco Grande, 2255 S. Seneca, 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.

631 SW Commerce Pl. Topeka, Kansas 66615 phone: 785-272-6397 fax: 785-272-1363 email: feedback@wibw.com
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