SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2291
As Further Amended by House Committee of
the Whole

Brief*
HB 2291, as amended, would modify law related to
microbreweries and food establishments. The bill would
stipulate the definition of certain beer to be a cereal malt
beverage and would permit food establishments to allow dogs
in outside areas on the premises if certain conditions are met
and would provide a specific exception from the Kansas Food
Code for microbreweries to allow dogs in inside areas upon
meeting an additional condition.
[Note: Under current law, a food establishment may
apply for a variance to be allowed to permit dogs in outside
areas.]

Beer as a Cereal Malt Beverage
The bill would stipulate that any beer containing not
more than 6 percent alcohol by volume and sold by the
individual drink by any microbrewery be considered cereal
malt beverage and not beer for the purposes of the Kansas
Liquor Control Act and any requirement that the sale of
alcoholic liquor by the individual drink be permitted only when
such place derives at least 30 percent of their gross receipts
from the sale of food for consumption on the premises.


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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Dogs at Food Establishments
The bill would allow a food establishment to permit dogs
in outside areas on its premises if the following conditions are
met:
● The establishment shall prepare a written plan
detailing the processes and procedures to prevent
food contamination from dogs on the premises and
post the plan next to the food establishment license
inside the premises of the establishment;
● Employees of the establishment shall be trained on
the plan, and the plan shall be made available to
the Kansas Department of Agriculture (KDA) upon
request;
● Dogs shall be under handler control, well-behaved,
and respond to their handler’s command;
● Dogs belonging to guests of the microbrewery shall
be leashed at all times;
● Dogs shall not be permitted on dining surfaces,
including table, bars, or counter tops;
● Dogs shall not be fed or watered from any food
establishment equipment, including, but not limited
to, plates, bowls, and utensils, except for single-
service items that are disposed of immediately
following use;
● An area outside the food establishment shall be
designated for dog urination and defecation;
● Employees shall be required to wash their hands
after contact of any kind with a dog prior to
handling any food, drink, utensil, or food or drink
production, preparation or serving equipment, or

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 the preparation or use of surfaces that may come
into contact with food or drink;
● Guests shall be advised to wash their hands after
any contact with a dog; and
● The establishment shall develop and follow a
process for immediately sanitizing equipment or
surfaces used for the production, preparation,
serving, or consumption of food or drink if a dog
has contact with such equipment or surfaces,
including instructions for disposing of contaminated
food or drink.
Dogs at Microbreweries
In addition to the provisions that permit dogs in outside
areas of all food establishments, food establishments that are
microbreweries would be permitted to allow dogs in inside
areas, but dogs would not be permitted in food or drink
preparation areas, including, but not limited to, kitchens and
behind bars.

Background
The bill was introduced by the House Committee on
Commerce, Labor and Economic Development at the request
of Representative Laura Williams.

House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, representatives of the
Kansas Restaurant and Hospitality Association and Transport
Brewery provided proponent testimony, stating the bill would
permit microbreweries to allow dogs in outside and indoor
areas on their premises, create a dog-friendly environment for

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customers and local communities, and codify the current
variance to allow dogs on outdoor patios.
Opponent testimony was provided by a representative
of the KDA. The KDA representative stated the Food Safety
and Lodging Program is in the process of adopting an
updated Kansas Food Code that would allow dogs on outdoor
patios without a food establishment being required to apply
for a variance. The KDA representative also stated the
presence of dogs in indoor dining areas raises several
significant health and safety concerns, such as food
contaminated with dog hair, the transmission of viral and
bacterial diseases from dogs to humans, and allergies to
dogs.
No other testimony was provided.
The House Committee amended the bill to permit all
food establishments to allow dogs in outside areas on the
premises if conditions are met.

House Committee of the Whole
The House Committee of the Whole amended the bill to
insert the provisions stipulating beer to be a cereal malt
beverage under certain circumstances.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the KDA indicates
enactment of the bill would not have a fiscal effect on agency
operations.
Microbreweries; dogs; food establishments; Kansas Food Code; Kansas Department
of Agriculture; Kansas Liquor Control Act; food sales receipts; beer; cereal malt
beverage


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