SENATE Amended 2nd Reading March 8, 2006Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 06-0323.01 Kristen Forrestal SENATE BILL 06-027 SENATE SPONSORSHIP Hanna, Takis, and Taylor HOUSE SPONSORSHIP Coleman, and Vigil Senate Committees House Committees Health and Human Services Appropriations A BILL FOR AN ACT Concerning penalties for retail food establishment violations. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Legislative Audit Committee. Increases the monetary penalties for retail food establishment violations. Eliminates the requirement that the department of public health and environment or local board of health submit written noncompliance letters to retail food establishments. Requires enforcement proceedings to end if the department or local board of health finds that a person previously found to have retail food establishment violations has achieved sustained compliance with the laws. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 25-4-1602, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 25-4-1602. Definitions. As used in this part 16, unless the context otherwise requires: (15.5) "Significant systemic public health violation" means a violation of the rules promulgated pursuant to section 25-4-1604 (1) (b) (I) that contributes to an overall systemic public health problem. Significant systemic public health violations include, without limitation, overall poor hygienic practices or lack of proper food temperature control, such as a failure to maintain proper cooling or reheating of foods at safe temperatures. SECTION 2. 25-4-1611 (2) and (3), Colorado Revised Statutes, are amended, and the said 25-4-1611 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 25-4-1611. Violation - penalties. (2) (a) Upon a finding by the department or a local board of health that a retail food establishment is in violation of this part 16 or the rules promulgated pursuant to this part 16, and that such violation is sufficient to permit the department or local board of health to establish a date and time for correction, the department or local board of health shall, in writing, advise the licensee or other person operating such establishment of the violation, provide such person with a reasonable period of time to comply, and conduct a follow-up inspection. If, at the time of the follow-up inspection, such establishment is found to be in violation of the same provisions, the department or local board of health shall issue such person a written notification of noncompliance, provide such person with a reasonable time to comply, and conduct a second follow-up inspection. (b) (I) If, at a second follow-up inspection, a retail food establishment is found to be in compliance with the same provisions as were cited in the written notification issued pursuant to paragraph (a) of this subsection (2), the department or a local board of health shall advise the licensee or other person operating such establishment that noncompliance with such provisions at the next regular inspection shall result in the issuance of a second written notification of noncompliance. (II) If, at a second follow-up inspection, a retail food establishment is found to be in violation of the same provisions as were cited in the written notification of noncompliance issued pursuant to paragraph (a) of this subsection (2), the department or a local board of health shall issue a second written notification of noncompliance, advising the licensee or other person operating such establishment of the violation and potential civil penalties that may be assessed if such noncompliance continues. The department or a local board of health shall conduct a third follow-up inspection. (c) (I) If, at a third follow-up inspection, a retail food establishment is found to be in compliance with the same provisions as were cited in the second written notification of noncompliance issued pursuant to paragraph (b) of this subsection (2), the department or local board of health may assess a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars and shall advise the person operating such establishment in writing that future noncompliance with the cited provisions in the second notification of noncompliance shall result in the issuance of a third written notification of noncompliance and subject such establishment to an additional civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars. (II) If, at a third follow-up inspection, a retail food establishment is found to be in violation of the same provisions as were cited in the second written notification of noncompliance issued pursuant to paragraph (b) of this subsection (2), the department or a local board of health may assess a civil penalty of not less than five hundred dollars nor more than one thousand dollars. When compliance with the provisions cited in the second written notification of noncompliance is obtained, the department or local board of health shall notify the licensee or other person operating such establishment in writing that noncompliance with the cited provisions in the second notification of noncompliance at the next regular inspection will result in the issuance of a third written notification of noncompliance and may result in an additional civil penalty of not less than five hundred dollars nor more than one thousand dollars. (2.5) (a) If the department or a local board of health finds that a licensee or other person operating a retail food establishment is in violation of section 25-4-1610 (1) (c), that the violation is a significant systemic public health violation, and that the violation is sufficient to permit the department or local board of health to establish a date and time for correction, the department or local board of health shall provide written notification of the specific violations listed on the inspection report and establish a date, within a reasonable time, for compliance. The department or local board of health shall conduct an inspection on or after the established date to determine compliance. If the licensee or other person is found to remain in noncompliance, the department or local board of health shall provide a second written notification of noncompliance on the inspection report and establish a reasonable time for compliance. If, during the inspection on or after the second established compliance date, the licensee or other person remains in noncompliance, such person shall be subject to a civil penalty of not less than two hundred fifty dollars and not more than five hundred dollars, assessed by the department or local board of health. (b) If, at the next inspection following the assessment of a civil penalty pursuant to paragraph (a) of this subsection (2.5), the department or local board of health finds that the person subject to the civil penalty has not corrected the specific violation or violations listed on the inspection report, such person shall be assessed a second civil penalty of not less than five hundred dollars and not more than one thousand dollars, assessed by the department or local board of health. Such person shall have a reasonable time period to comply. (c) If, at the next inspection following the assessment of a civil penalty pursuant to paragraph (b) of this subsection (2.5), the department or local board of health finds that the person subject to the civil penalty has not corrected the specific violation or violations listed on the inspection report, such person shall be assessed a third civil penalty of not less than seven hundred fifty dollars and not more than one thousand dollars, assessed by the department or local board of health. (d) If, during subsequent inspections, the department or local board of health finds that a person previously subject to a civil penalty under paragraph (a), (b), or (c) of this subsection (2.5) has corrected the specific violation or violations listed on the inspection report, the department or local board of health shall notify the person in writing that a violation or violations at the next inspection that are the same as a violation or violations listed in the inspection report may result in the issuance of a civil penalty pursuant to paragraph (a) of this subsection (2.5). (e) The department or local board of health shall mail any written notification of a violation or violations provided by the department or local board of health pursuant to this subsection (2.5) to the licensee of the establishment where the violation occurred or continues to occur. (f) If the department or local board of health finds that a person previously subject to civil penalties under paragraphs (a) and (b) of this subsection (2.5) has achieved compliance with section 25-4-1610 (1) (c), for the violations for which penalties were previously assessed, the enforcement proceedings shall end. (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 any twelve-month period, the department or local board of health shall initiate proceedings to suspend or revoke the license of the licensee pursuant to section 25-4-1609. SECTION 3. 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.