65-682. Same; penalty. (a) The secretary, after providing notice and an opportunity for a hearing in accordance with provisions of the Kansas administrative procedure act, may impose a civil penalty in an amount of not more than $1,000 per violation of the food, drug and cosmetic act or rule and regulation adopted, or order issued thereunder. In the case of a continuing violation, each day such violation continues shall be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
(b) Any party aggrieved by an order of the secretary as provided in subsection (a) may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(c) Any penalty recovered pursuant to the provisions of subsection (a) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(d) Any person who recklessly or intentionally violates the provisions of the food, drug and cosmetic act, or rules and regulations adopted thereunder, shall be guilty of a class A, nonperson misdemeanor.
History: L. 1974, ch. 1, § 2; L. 2012, ch. 145, § 21; July 1.
Structure Kansas Statutes
Article 6 - Food, Drugs And Cosmetics
65-636 Exhibition of title "drugstore," "pharmacy" or "apothecary."
65-643 Caustic or corrosive substances; definition of terms.
65-645 Same; condemnation and disposition.
65-646 Same; enforcement of act.
65-649 Same; sale of household products.
65-655 Food, drug and cosmetic act; title.
65-658 Same; injunction to restrain violation of 65-657.
65-662 Same; minor violations; notice or warning.
65-663 Same; regulations prescribing definitions and standards of identity for food.
65-664 Same; food deemed adulterated, when.
65-665 Same; food deemed misbranded, when.
65-668 Same; drugs or devices deemed adulterated, when.
65-669 Same; drugs or devices deemed misbranded, when.
65-669a New drugs; selling, offering or giving away, restrictions; investigational uses.
65-670 Same; cosmetic deemed adulterated, when.
65-671 Same; cosmetic deemed misbranded, when.
65-672 Same; advertisements of food, drugs, devices or cosmetics deemed false, when.
65-674 Same; free access to establishments and vehicles for inspections and samples.
65-675 Same; reports and dissemination of information.
65-678 Same; cooperation with federal food and drug administration.
65-679 Same; act not to limit authority established under certain other acts.
65-680 Same; invalidity of part.
65-685 Same; enforcement of criminal provisions.
65-687 Limitation on liability of donor for donated food.
65-689 Same; license requirements, fees, inspections, denial, hearing, display; exceptions.
65-690 Same; temporary suspension of license.
65-691 Food establishments and food processing plants; licensure.