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):
· July 7 The Patch, 315 Maple, Overbrook
· July 23 Young Dragon, 808 Skyway Plaza Hwy 59, Atchison
· July 23 Mezzaluna Restaurant, 7809 Quivira, Lenexa
· July 23 La Paloma, 2111 E. Central Ave, Wichita
· July 31 Golden Dragon, 1101 S. Kansas Ave., Topeka
· August 1 David’s, 813 N. 10th St., Kansas City, Kan.
· August 1 David's (mobile unit #1411), 813 N. 10th St., Kansas City, Kan.
· August 1 Martin’s Concessions, 3441 S.E. Highland Drive, Topeka
· August 7 China Buffet, 2 National Ave., Fort Scott
· August 15 Sonic Drive In, 3113 Main, Parsons
· August 15 Harry's Cafe, 412 N. Broadway, Pittsburg
· August 15 The Good Egg, 2141 N. Bradley Fair Parkway, Ste. 111, Wichita
· August 15 KFC #101, 611 E. 47th St., Wichita
· August 15 Shanghai Chinese Restaurant, 3815 E. Harry, Wichita

Notice of intent to suspend:
· July 10 Sis’s Café, 715 Osage Ave, Kansas City, Kan.

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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