NOTE: The governor signed this measure on 4/6/2012.
      
      
      HOUSE BILL 12-1097
      
      
      BY REPRESENTATIVE(S) Summers, Brown, Coram, DelGrosso,
      Ferrandino, Fields, Kerr A., Kerr J., Schafer S., Todd, Young;
      also SENATOR(S) Jahn, Williams S.
      
      
      Concerning civil penalties for retail food establishments.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25-4-1602, add (6.5)
      as follows:
      
           25-4-1602.  Definitions. As used in this part 16, unless the context
      otherwise requires:
      
           (6.5)  "Imminent health hazard" means a significant threat
      or danger to health that is considered to exist when there is
      evidence sufficient to show that a product, practice,
      circumstance, or event creates a situation that requires
      immediate correction or cessation of operation to prevent injury
      or illness based on the number of potential injuries or illnesses
      and the nature, severity, and duration of the anticipated injury or
      illness.
      
           SECTION 2.  In Colorado Revised Statutes, 25-4-1609, amend (2)
      as follows:
      
           25-4-1609.  Disciplinary actions - closure - revocation -
      suspension - review. (2)  Except in cases of closure due to an
      imminent health hazard, proceedings for the revocation and or
      suspension of a license or certificate of license shall may not be in addition
      to any other penalties prescribed by this part 16 No commenced until
      after the imposition of the penalties prescribed by section
      25-4-1611. The maximum period of suspension shall be for a period longer
      than is six months. When a license or certificate of license is suspended or
      revoked, no part of the fees paid for a license shall may be returned to the
      licensee.
      
           SECTION 3.  In Colorado Revised Statutes, 25-4-1611, amend (3)
      as follows:
      
           25-4-1611.  Violation - penalties. (3)  A maximum of three civil
      penalties may be assessed against a licensee or other person operating a
      retail food establishment in any calendar year twelve-month period.
      Whenever a third civil penalty is assessed in a calendar year
      twelve-month period, the department or a county or district board of
      health shall may initiate proceedings to suspend or revoke the license of the
      licensee pursuant to section 25-4-1609.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO