79-3603d. Retailers' sales tax imposed on sale of food and food ingredients; rate.

224 words·~1 min read·/ks/chapter-79/79-3603d

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(a)There is hereby levied and there shall be collected and paid a tax upon the gross receipts from the sale of food and food ingredients. The rate of tax shall be as follows:

(1)Commencing on January 1, 2023, at the rate of 4%;

(2)commencing on January 1, 2024, at the rate of 2%; and

(3)commencing on January 1, 2025, and thereafter, at the rate of 0%.

(b)The provisions of this section shall not apply to prepared food unless sold without eating utensils provided by the seller and described below:

(1)Food sold by a seller whose proper primary NAICS classification is manufacturing in sector 311, except subsector 3118 (bakeries);

(A)food sold in an unheated state by weight or volume as a single item; or

(B)only meat or seafood sold in an unheated state by weight or volume as a single item;

(3)bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries, donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies and tortillas; or

(4)food sold that ordinarily requires additional cooking, as opposed to just reheating, by the consumer prior to consumption.

(c)The provisions of this section shall be a part of and supplemental to the Kansas retailers' sales tax act.