12-16,137. Same; prohibitions; exceptions. (a) The regulation of consumer incentive items and nutrition labeling for food and nonalcoholic beverages that are menu items in restaurants, retail food establishments or vending machines is reserved to the legislature and may be regulated only by legislation of statewide application enacted after the effective date of this act. The regulation of the provision of food nutrition information and consumer incentive items at food service operations and how food service operations are characterized are matters of general statewide interest that require statewide regulation, and rules and regulations adopted under this section constitute a comprehensive plan with respect to all aspects of the regulation of the provision of food nutrition information and consumer incentive items at food service operations in this state. Rules and regulations adopted under this act shall be applied uniformly throughout this state.
(b) The state of Kansas, and any political subdivision thereof, shall not do any of the following:
(1) Enact, adopt or continue in effect local legislation relating to the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;
(2) condition any license, permit or regulatory approval upon the provision or nonprovision of food nutrition information or consumer incentive items at food service operations;
(3) ban, prohibit or otherwise restrict food at food service operations based upon the food's nutrition information or upon the provision or nonprovision of consumer incentive items;
(4) condition any license, permit or regulatory approval for a food service operation upon the existence or nonexistence of food-based health disparities;
(5) where food service operations are permitted to operate, ban, prohibit or otherwise restrict a food service operation based upon the existence or nonexistence of food-based health disparities as recognized by the department of health, the institute of health or the centers for disease control;
(6) restrict the sale, distribution or serving of foods and nonalcoholic beverages that are approved for sale by the United States department of agriculture or other federal or state government agencies; or
(7) restrict the growing or raising of livestock or grain, vegetables, fruits or other crops grown or raised for food and approved for sale by the United States department of agriculture or other federal or state government agencies.
(c) K.S.A. 2021 Supp. 12-16,136 and 12-16,137, and amendments thereto, shall not be interpreted as being more restrictive than any federal law or affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments and vending machines pursuant to the federal food, drug and cosmetic act, 21 U.S.C. § 343(q)(5)(H).
(d) Nothing in K.S.A. 2021 Supp. 12-16,136 and 12-16,137, and amendments thereto, restricts a political subdivision, as defined herein, from owning or managing a food service facility and from purchasing and serving food products according to the Kansas food code and their own policies as long as those policies are not laws or ordinances restricting any other entity.
(e) Nothing in K.S.A. 2021 Supp. 12-16,136 and 12-16,137, and amendments thereto, shall be construed as limiting or restricting the zoning authority of a political subdivision authorized by article 7 of chapter 12 or article 29 of chapter 19 of the Kansas Statutes Annotated, and amendments thereto, or by any other provision of law.
(f) Nothing in K.S.A. 2021 Supp. 12-16,136 and 12-16,137, and amendments thereto, restricts a political subdivision, as defined herein, from creating and promulgating food nutrition information or food-based health disparity information, only in accordance with the United States department of agriculture dietary guidelines for Americans promulgated under 7 U.S.C. § 5341, as long as the information is not contained in a law or ordinance restricting any other entity.
(g) Nothing in this act restricts a political subdivision from financially participating in a food assistance program as long as that program operates in accordance with the United States department of agriculture dietary guidelines for Americans promulgated under 7 U.S.C. § 5341, and as long as the program is not contained in a law or ordinance restricting any other entity.
History: L. 2016, ch. 104, § 2; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 16 - Miscellaneous Provisions
12-1608 Quarterly report by treasurer.
12-1610a Kansas Government Journal subscriptions.
12-1610b Same; compilation of information.
12-1610c League of Kansas municipalities; annual dues, expenses of attending meetings.
12-1610e Same; membership in, when; instrumentality; powers; act supplemental.
12-1610f Same; city delegates; powers and duties.
12-1613 Property of dormant cities.
12-1614 Same; election of officers; delivery of property to mayor.
12-1616b Same; approval of plans by chief engineer before bonds issued.
12-1617 Farm and aquaculture products; peddler's license or permit; fee.
12-1617a Delegates to firemen's association and school.
12-1617c Dissolution of certain inoperative sewer districts located wholly within cities.
12-1617d Dissolution of certain inoperative cemetery districts located wholly within cities.
12-1617f Weeds, removal or destruction; assessment and collection of costs; notice; procedure.
12-1617g Ordinances on nuisances.
12-1634 Same; cities in counties over 90,000; regulation of speed; bond issue.
12-1651 Official newspaper in cities of second and third classes; qualifications.
12-1654 Oil and gas leases; moneys to general fund.
12-1655 Same; validation of prior leases.
12-1658 Historical collections; housing and display.
12-1659 Same; supervisor or curator; compensation.
12-1660 Same; historical society as supervisor or curator, when; compensation.
12-1661 Same; tax levy, use of proceeds.
12-1662 Federal aid to public agencies; definitions.
12-1665 Same; temporary notes; refunding notes; sale or exchange.
12-1667 Same; tax levies; outside aggregate limits.
12-1668 Same; act not exclusive.
12-1670 Same; approval or disapproval; resubmission, when.
12-1671 Certain investments; exception to cash-basis law.
12-1672 Certain investments; exception to budget law.
12-1674 Same; special services fund; use; no-fund warrants.
12-1676 Inapplicability of act to certain moneys; rates.
12-1676a Weekly advisory memorandum as to rates of interest to county treasurers.
12-1677a Municipal investment pool fund; investments; requirements; rules and regulations.
12-1677d Municipally established foundations; investment of funds.
12-1677f Investment of public funds by governmental entities; reinvestment of matured funds.
12-1680b Same; resolution; publication; petition.
12-1680c Same; special election upon protest.
12-1681 Community historical museums authorized; property and employees.
12-1683 Conduct of activities of museums; acceptance of gifts.
12-1684 Petition for establishment; election; tax levies.
12-1685 Same; filing of petition; joint meeting; notice of receipt and meeting.
12-1687 Membership of museum commissions; terms; officers; powers.
12-1688 Community historical museums; tax levies; increases, election.
12-1690 Same; supervisor and curator; appointment and compensation; duties.
12-1691 Same; acceptance of gifts and articles of historical value.
12-1692 Promotion of tourism and conventions; definitions.
12-1694b Same; interest and penalties for failure to pay or untimely payment of transient guest tax.
12-1695 Convention and tourism committee; appointment; terms; contracts for programs.
12-1696 Promotion of tourism and conventions; definitions.
12-1698a Same; interest and penalties for failure to pay or untimely payment of transient guest tax.
12-1699 Same; levy of tax prohibited, when.
12-16,100 Same; transient guest tax refund fund.
12-16,101 Convention and tourism committee; appointment; terms; contracts and programs.
12-16,103 Acquisition of fee title to realty; sale of realty; record.
12-16,104 Release of easement; notice; fee.
12-16,105 Use of property no longer needed for school building in McPherson, Kansas.
12-16,106 Human relations commission; enforcement and review of orders.
12-16,107 Same; enforcement of subpoenas.
12-16,108 State grants or loans to municipalities; definitions.
12-16,109 Same; authority to borrow money for temporary financing of service or improvement.
12-16,110 Same; general obligation of municipality; excluded from debt limit.
12-16,111 Same; not subject to budget limitations.
12-16,112 Same; amount of bonds, if issued.
12-16,113 Accounting required of expenditures of transient guest tax moneys.
12-16,114 Housing trust funds; purpose; funding of; administration.
12-16,115 Imitation firearms; civil penalty for sale, manufacture or distribution.
12-16,116 Transfer of title to public streets, avenues, alleys or lanes; cities in Crawford county.
12-16,118 Transfer of certain money and royalty interest to city of Oxford; procedure.
12-16,119 Booking or processing fee; disbursement; fee limitation.
12-16,121 Paving materials provided by cities and counties; limitations.
12-16,122 Paving materials; mining and manufacturing for use by cities and counties; limitations.
12-16,123 Cities and counties prohibited from requiring lists of tenants; exceptions.
12-16,124 Firearms and ammunition; regulation by city or county, limitations.
12-16,124a Same; limitation on liability of municipality.
12-16,124b Same; prohibiting use of tax proceeds for firearms buyback programs.
12-16,126 Kansas emergency communications preservation act.
12-16,128 Mayoral appointments; governing body approval; time limits; other requirements.
12-16,129 Accident response service fee prohibited.
12-16,132 Cities; certain ordinances void as against public policy.
12-16,134 Knives and knife making components; regulation by municipality, limitations.
12-16,136 Regulating consumer incentive items and nutrition labeling of food; definitions.