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§ 25-4-1601. Legislative Declaration

The general assembly hereby finds, determines, and declares that it is in the public interest for the department of public health and environment to establish minimum standards and rules for retail food establishments in Colorado and to provide authority for the uniform statewide administration, implementation, interpretation, and enforcement of such minimum standards and rules. Such […]

§ 25-4-1602. Definitions

As used in this part 16, unless the context otherwise requires: “Automated food merchandising enterprise” means the collective activity of the supplying or preparing of food or drink for automated food merchandising machines. “Certificate of license” means a grant to operate a retail food establishment without a fee, under the conditions set forth in section […]

§ 25-4-1603. Licensing, Certification, and Food Protection Agency

The department is hereby designated the state licensing, certification, and food protection agency for the purpose of protecting the public health and ensuring a safe food supply in this state. In addition to such designation, the department is hereby authorized to regulate and control retail food establishments, promulgate rules governing the operation of such establishments, […]

§ 25-4-1604. Powers and Duties of Department – Rules

The department has the following powers and duties: To grant or refuse licenses and certificates of license pursuant to section 25-4-1606, or to suspend or revoke licenses and certificates of license pursuant to section 25-4-1611.5; To promulgate rules for adoption by the state board of health pursuant to article 4 of title 24, C.R.S., for […]

§ 25-4-1605. Submission of Plans for Approval – Required

An owner or operator of a retail food establishment shall submit plans and specifications to the department or a county or district board of health in the jurisdiction in which a retail food establishment is to be constructed or extensively remodeled before such construction or extensive remodeling is begun or any existing structure is converted […]

§ 25-4-1606. Licensure – Exception

An application for a license or a certificate of license shall be filed with the department or a county or district board of health before any person may operate a retail food establishment in this state. The application shall be on a form supplied by the department and shall include such information as the department […]

§ 25-4-1607. Fees – Repeal

Except as provided in subsections (1)(d.5) and (14) of this section, effective January 1 of the year following the increases specified in subsection (1.5)(a) of this section, each retail food establishment in this state shall be assessed an annual license fee as follows: A retail food establishment preparing or serving food in individual portions for […]

§ 25-4-1607.5. Retail Food Establishment Regulation – Fees – Investigations – Stakeholder Process

The executive director of the department or his or her designee shall convene a stakeholder group, including representatives from Colorado associations representing county or district public health agencies, county commissioners, retail food establishments, and any other party that represents a retail food establishment and expresses interest in participating. The department shall keep and maintain a […]

§ 25-4-1607.9. Department Targets – Audits – Reporting

On or before April 1, 2017, the department shall respond to all plans and specifications and HACCP plan reviews within fourteen working days after receipt, as required by section 25-4-1605 (4). On or before December 31, 2019, the department shall ensure significant statewide compliance with the federal food and drug administration’s voluntary national retail food […]

§ 25-4-1608. Food Protection Cash Fund – Creation

Fees collected by the department pursuant to section 25-4-1607 and penalties collected pursuant to section 25-4-1611.5 shall be transmitted to the state treasurer, who shall credit them to the food protection cash fund, which fund is hereby created in the state treasury. The general assembly shall appropriate the moneys in the fund to the department […]

§ 25-4-1609.5. Grievance Process

If a licensee believes that a county or district public health agency is taking regulatory action outside the scope of its authority, the licensee may file a written complaint with the department within thirty days after the licensee’s knowledge of the regulatory action. Within forty-five days after receipt of a written complaint pursuant to subsection […]

§ 25-4-1610. Unlawful Acts

It is unlawful for: Any person to begin the construction or extensive remodeling of a retail food establishment unless such person has received department or county or district board of health approval of plans and specifications for such construction or remodeling pursuant to section 25-4-1605; Any person to operate a retail food establishment without a […]

§ 25-4-1611.5. Violations – Penalties – Review

If the department or a county or district public health agency finds that a licensee or other person operating a retail food establishment was provided with written notification of a violation of section 25-4-1610 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) and was given a reasonable time to comply but remained in noncompliance, the person is […]

§ 25-4-1612. Judicial Review

Any person adversely affected or aggrieved by a department decision to refuse to grant a license or certificate of license may seek judicial review in the district court having jurisdiction over the retail food establishment for which the application for license or certificate of license was made. Any other final order or determination by the […]

§ 25-4-1616. Food Donations to Nonprofit Organizations Encouraged

Each retail food establishment is encouraged to donate apparently wholesome food to one or more local nonprofit organizations for distribution to needy or poor individuals. Source: L. 2020: Entire section added, (SB 20-090), ch. 127, p. 549, § 1, effective September 14.