Selling certain product types in Kansas requires that you ensure compliance with local product regulations. These cover harmful chemicals and heavy metals, labeling, and testing requirements.
In this guide, we introduce you to product regulations in Kansas applicable to cosmetics, household products, plastic bottles, and kitchen utensils.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Kansas. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Food, Drugs, and Cosmetics
The Kansas Statutes Chapter 65 sets out requirements for food, drug, and cosmetic products. It covers topics such as the prohibition of misbranded and adulterated products, new drug applications, and licenses.
The statutes cover food, drug, and cosmetic products as defined below.
This category refers to food and beverage for humans and animals. Here are some examples of covered products:
- Canned foods
This category refers to articles that are recognized in the official United States Pharmacopeia, for use in the diagnosis, cure, or treatment of diseases. Here are some examples of covered products:
This category refers to articles that are intended for use to the human body for cleansing, beautifying, or other similar purposes. Here are some examples of covered products:
- Eye and facial makeups
- Skincare products
The statutes set out requirements as below:
a. The statutes prohibit any sale or distribution of adulterated or misbranded food, drug, and cosmetic products
b. The statutes prohibit any labeling with incorrect or insufficient information on food, drug, and cosmetic products
c. The statutes prohibit any sale or distribution of new drugs unless they are approved by the Federal Food and Drug Administration (FDA)
d. The statutes prohibit any sale or distribution of unlicensed food, drug, and cosmetic products. Note that the license must be issued by the state secretary
Manufacturers should provide sufficient and accurate information on their product label, including:
- Product SKU
- Manufacturer contact information
- User instruction
- Warning statement (if applicable)
- Ingredients (if applicable)
Hazardous Household Articles
The Kansas Statutes Chapter 65 sets out a general provision for hazardous household articles, such as paints, or plastic products. Chapter 65 covers topics such as the prohibition of sale, and labeling.
The statutes define hazardous household articles as products used for domestic tasks that might contain dangerous substances for human beings. Here are some examples of covered products:
- Plastic kitchen products
- Paints and solvents
- Household appliances
The state secretary of health and environment is authorized to adopt applicable regulations to ensure public safety, for example, concerning cautionary labeling and prohibition of the sale of hazardous articles.
For example, the statutes prohibit any sales of household articles in violation of any adopted regulations in the state, for example, FDA 21 CFR for plastic kitchen products. The violation might concern labeling or other requirements.
Plastic Bottles and Containers Labeling Requirements
The Kansas Statutes Chapter 65 sets out requirements for plastic bottles and containers. It prohibits the sales of covered products if they don’t meet the labeling criteria listed in the statutes.
The statutes cover plastic bottles and containers defined as below:
a. Plastic bottle – A plastic container that has a neck that is smaller than the body of the container, or has a capacity of 16 fluid ounces or more but less than 5 gallons.
b. Plastic container – Any formed or molded container other than a bottle, intended for single-use and having a capacity of 8 ounces or more but less than 5 gallons.
The statutes require that covered products must be labeled with a nationally recognized code indicating the plastic resin used to produce the bottle or container.
Here are some examples of the code, according to the material:
- 1-PET (Polyethylene Terephthalate)
- 2-HDPE (High-Density Polyethylene)
- 3-PVC (Polyvinyl Chloride)
- 4-LDPE (Low-Density Polyethylene)
- 5-PP (Polypropylene)
- 6-PS (Polystyrene)
The label should appear on or near the bottom of the bottle or container.
Plastic Bulk Merchandise Container Sales Requirements
The Kansas Statutes Chapter 65 set out the requirements for both sellers and buyers of plastic bulk merchandise containers, including documentation and payment methods.
The statutes define a plastic bulk merchandise container as a plastic crate, pallet, or shell used by a producer for bulk transportation or storage (for milk, eggs, bakery items, or bottled beverage products).
The statutes set out the requirements as below:
a. A person should not pay for the purchase of any plastic bulk merchandise container with cash
b. Container buyers should obtain proof of ownership for the containers if the purchase order exceeds five containers
c. Container sellers should provide a record to the buyer that contains the identification of the sellers and the details of the purchase
Container buyers should obtain a record from the sellers. The record should contain the following information:
- The contact information of the container’s seller
- A copy of the identification card of the seller
- A description of the containers
- The date of the transaction
Weights and Measures Laws
The Kansas Weights and measures Laws cover the weight measurement of consumer products, such as furniture and food. The laws set out the requirements for package labeling and weight measurement.
The laws apply to consumer products, such as for example:
- Construction materials
The laws set out the requirements as below:
a. All sales or purchases should follow the standards of weights and measures adopted under this law, for example, 15 US Code Chapter 6 – Weights and Measures and Standard Time
b. Outside packaging of covered products should include a conspicuous label
c. The laws prohibit using inaccurate or false weight measurement information of the product packaging label
The laws require that any package of covered products for the purpose of sale should bear a plain and conspicuous declaration of the followings:
- Product description
- Contents quantity
- The manufacturer’s contact information
Kansas Product Liability Act
The Kansas Statutes Article 33 outlines the product liability requirements for defective consumer products. It covers the definition of defective products and applicable product liability actions.
The Kansas Product Liability Act applies to consumer products, such as for example:
- Children’s jewelry
- Textile products
- Electrical products
- Household products
The act sets out the definition of a defective product as below:
a. Manufacturing defect – when the product does not conform to the design specification or permanence standard
b. Design defect – when the product has a defective design that contain unreasonably dangerous to the consumers
c. Warning defect – when the product fails to provide sufficient warnings to the consumers
Under the act, manufacturers are liable for any damage caused by defective products, and a victim can take product liability actions, such as product liability claims.
|Food, Drugs, and Cosmetics||Link|
|Hazardous Household Articles||Link|
|Plastic Bottles and Containers Labeling Requirements||Link|
|Plastic Bulk Merchandise Container Sales Requirement||Link|
|Weights and Measures Laws||Link|
|Product Liability Act||Link|