Not legal advice. This is general information. Local (city or county) health departments can have stricter rules than the state. Check with your local health department.
What Kansas's food code requires
The restaurant's person in charge must keep people its operation doesn't need out of its food prep, storage and dishwashing areas. Delivery and maintenance people who do go in have to follow the food code.
PERSONS unnecessary to the FOOD ESTABLISHMENT operation are not allowed in the FOOD preparation, FOOD storage, or WAREWASHING areas, except that brief visits and tours may be authorized by the PERSON IN CHARGE if steps are taken to ensure that exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES are protected from contamination;Kansas Food Code 2-103.11(B)
EMPLOYEES and other PERSONS such as delivery and maintenance PERSONS and pesticide applicators entering the FOOD preparation, FOOD storage, and WAREWASHING areas comply with this Code;Kansas Food Code 2-103.11(C)
- What it means
- Kansas's code puts this duty on the restaurant's person in charge, not on the driver. It has no rule aimed at delivery drivers themselves. Kansas Food Code 2-103.11 makes the person in charge keep people the operation does not need out of the food preparation, storage and warewashing areas, and makes "delivery and maintenance PERSONS" who enter those areas comply with the code. The code's "Employee" definition includes a "PERSON performing work under contractual agreement"; whether that reaches a courier is the open question in the national answer above. Kansas defines "Beverage" as "a liquid for drinking, including water" and takes its definition of "Food" from K.S.A. 65-656.
- Food code
- Kansas Food Code 2022 (based on the 2017 FDA Model Food Code and Supplement), dated October 20, 2022; adopted by K.A.R. 4-28-8, eff. June 2, 2023 (K.A.R. 4-28-8)
- Other rules that apply
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"Employee" means the LICENSEE, PERSON IN CHARGE, FOOD EMPLOYEE, PERSON having supervisory or management duties, PERSON on the payroll, family member, volunteer, PERSON performing work under contractual agreement, or other PERSON working in a FOOD ESTABLISHMENT.Kansas Food Code 1-201.10
"Food employee" means an individual working with UNPACKAGED FOOD, FOOD EQUIPMENT or UTENSILS, or FOOD-CONTACT SURFACES.Kansas Food Code 1-201.10
"Beverage" means a liquid for drinking, including water.Kansas Food Code 1-201.10
- Sources
- Last verified
- October 26, 2026
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Also: Why it matters to the customer · Isn't the lobby fountain self-serve? · What to do if a restaurant asks you to make the drink · What DoorDash's own terms say · What the restaurant promised DoorDash · Who's liable if something goes wrong?
Not legal advice. This is general information. Local (city or county) health departments can have stricter rules than the state. Check with your local health department. Last verified October 26, 2026.
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