Starting a Food Business
What type of business do you want to start?
Retail food store. This is most commonly thought of as a grocery store or convenience store. A retail food store could be a whole store or a part of a store and it sells food and food products to consumer for off-premises consumption. (K.S.A. 65-688)
Food service establishment. This is most commonly thought of as a restaurant. A food service establishment is a place where food is served or prepared for sale or service on the premises or elsewhere. A food service establishment may operate independently or in conjunction with another type of food business, such as a retail food store or food processing plant. Food service includes catering, cafeterias, a roadside stand, mobile units or other eating or drinking establishment or operation where food is served or provided for the public with or without charge. This would include a food service operation that is located inside a retail food store. (K.S.A. 36-501)
Food processing plant. This is a commercial operation that manufactures, packages, labels or stores food for human consumption but does not provide food directly to the consumer. A food processing plant may include a facility that only stores food or is a bottler. (K.S.A. 65-688)
Food vending machines. In Kansas, food vending machines, food vending machine companies and food vending machine dealers are all regulated by the state. Food vending machine includes any self-service device which, upon insertion of coins, tokens, or other similar means, dispenses servings of food, either in bulk or in packages, without having to replenish the device between each vending operation. A food vending machine does not include a vending machine that dispenses only bottled or canned soft drinks, or prepackaged and non-potentially hazardous food, chewing gum, nuts or candies. (K.S.A. 36-501)
Mobile retail ice cream vendor. Any mobile unit that sells only prepackaged frozen desserts.
Dairy operation. A dairy operation includes a dairy manufacturing plant, a distributor of milk or dairy products, a milk hauler, a milk or cream transfer or receiving station, a manufacture of single service dairy containers or closures. (K.S.A. 65-771)
Meat or poultry plant. These are plants that slaughter, prepare or package meat, meat products, poultry and poultry products.
Which agency should you contact for licensing and regulation?
Kansas Department of Agriculture
- retail food stores
- food service establishments located in a retail food store
- food processing plants
- mobile retail ice cream vendor
- dairy operations
- meat or poultry plants
Kansas Department of Health and Environment-Food Protection
- stand-alone restaurants
- catering kitchens
- mobile food service establishments
- public school kitchens
- senior medical site kitchens
If you have questions about the business you want to start but don't know which agency to contact, please call our office at (785) 296-3511 for more specific guidance.