1997
HOUSE BILL 971297
BY REPRESENTATIVES Young, Gordon, Musgrave, Reeser, Salaz, and Schwarz;
also SENATORS Ament and Chlouber.
CONCERNING CERTIFICATION OF SHELLFISH DEALERS BY
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article 4 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:
PART 18
SHELLFISH DEALER CERTIFICATION
2541801. Short title.
THIS PART 18 SHALL BE KNOWN AND MAY BE CITED AS THE "SHELLFISH
DEALER CERTIFICATION ACT".
2541802. Legislative declaration.
THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT THE
CERTIFICATION OF SHELLFISH DEALERS AND THE REGULATION OF PREMISES
OR PLACES WHEREIN SHELLFISH ARE HANDLED, STORED, AND PROCESSED
FOR DISTRIBUTION IN ACCORDANCE WITH THE GUIDELINES OF THE NATIONAL
SHELLFISH SANITATION PROGRAM ADMINISTERED BY THE UNITED STATES
FOOD AND DRUG ADMINISTRATION IS NECESSARY TO PROTECT THE PUBLIC
HEALTH; WILL BENEFIT CONSUMERS BY ENSURING THAT THE SALE AND DISTRIBUTION
OF SHELLFISH IS FROM SAFE SOURCES; WILL ASSIST RETAILERS BY ENSURING
THAT SHELLFISH HAVE NOT BEEN ADULTERATED DURING PROCESSING, SHIPPING,
OR HANDLING; AND WILL CONTRIBUTE TO THE ECONOMIC HEALTH OF THE
STATE BY ASSURING THAT COLORADO CERTIFIED DEALERS ARE PERMITTED
TO SHIP THEIR PRODUCT IN INTERSTATE COMMERCE.
2541803. Definitions.
AS USED IN THIS PART 18, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "CERTIFICATION" MEANS THE
ISSUANCE OF A NUMBERED CERTIFICATE TO A PERSON FOR A PARTICULAR
ACTIVITY OR GROUP OF ACTIVITIES THAT INDICATES:
(a) PERMISSION FROM THE DEPARTMENT TO
CONDUCT THE ACTIVITY; AND
(b) COMPLIANCE WITH THE REQUIREMENTS OF
THE DEPARTMENT.
(2) "CERTIFICATION NUMBER" MEANS
THE UNIQUE IDENTIFICATION NUMBER ISSUED BY THE DEPARTMENT TO EACH
DEALER FOR EACH LOCATION.
(3) "DEALER" MEANS A PERSON
TO WHOM CERTIFICATION IS ISSUED FOR THE ACTIVITIES OF SHELL STOCK
SHIPPER, SHUCKERPACKER, REPACKER, RESHIPPER, DEPURATION
PROCESSOR, OR WET STORAGE.
(4) "DEPARTMENT" MEANS THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND ITS AUTHORIZED
AGENTS AND EMPLOYEES.
(5) "DEPURATION PROCESSOR" OR
"DP" MEANS A PERSON WHO RECEIVES SHELL STOCK FROM APPROVED
OR RESTRICTED GROWING AREAS AND SUBMITS SUCH SHELL STOCK TO AN
APPROVED, CONTROLLED PURIFICATION PROCESS.
(6) "FDA" MEANS THE UNITED STATES
FOOD AND DRUG ADMINISTRATION.
(7) "PERSON" MEANS ANY INDIVIDUAL,
RECEIVER, TRUSTEE, GUARDIAN, PERSONAL REPRESENTATIVE, FIDUCIARY,
OR REPRESENTATIVE OF ANY KIND, AND ANY PARTNERSHIP, ASSOCIATION,
CORPORATION, OR OTHER ENTITY. "PERSON" ALSO INCLUDES
THE FEDERAL OR STATE GOVERNMENT AND ANY OTHER PUBLIC OR PRIVATE
ENTITY.
(8) "REPACKER" OR "RP"
MEANS ANY PERSON, OTHER THAN THE ORIGINAL CERTIFIED SHUCKERPACKER,
WHO REPACKAGES SHUCKED SHELLFISH INTO OTHER CONTAINERS.
(9) "RESHIPPER" OR "RS"
MEANS A PERSON WHO PURCHASES SHUCKED SHELLFISH OR SHELL STOCK
FROM OTHER CERTIFIED SHIPPERS AND SELLS THE PRODUCT WITHOUT REPACKING
OR RELABELING TO OTHER CERTIFIED SHIPPERS, WHOLESALERS, OR RETAILERS.
(10) "SHELLFISH" MEANS ALL SPECIES
OF:
(a) OYSTERS, CLAMS, OR MUSSELS, WHETHER:
(I) SHUCKED OR IN THE SHELL;
(II) FRESH OR FROZEN; AND
(III) WHOLE OR IN PART; AND
(b) SCALLOPS IN ANY FORM, EXCEPT WHEN
THE FINAL PRODUCT FORM IS THE ADDUCTOR MUSCLE ONLY.
(11) "SHELL STOCK" MEANS LIVE
SHELLFISH IN THE SHELL.
(12) "SHELL STOCK SHIPPER" OR
"SS" MEANS A PERSON WHO GROWS, HARVESTS, BUYS, OR REPACKS
AND SELLS SHELL STOCK. A SHELL STOCK SHIPPER IS NOT AUTHORIZED
TO SHUCK SHELLFISH NOR TO REPACK SHUCKED SHELLFISH, BUT MAY SHIP
SHUCKED SHELLFISH.
(13) "SHUCKERPACKER" OR
"SP" MEANS A PERSON WHO SHUCKS AND PACKS SHELLFISH.
A SHUCKERPACKER MAY ACT AS A SHELL STOCK SHIPPER OR RESHIPPER
OR MAY REPACK SHELLFISH ORIGINATING FROM OTHER CERTIFIED DEALERS.
(14) "WET STORAGE" MEANS THE
TEMPORARY STORAGE OF SHELL STOCK FROM GROWING AREAS IN THE APPROVED
CLASSIFICATION OR IN THE OPEN STATUS OF THE CONDITIONALLY APPROVED
CLASSIFICATION IN CONTAINERS OR FLOATS IN NATURAL BODIES OF WATER
OR IN TANKS CONTAINING NATURAL OR SYNTHETIC SEAWATER.
2541804. Department designated
as certifying and inspecting agency.
FOR THE PURPOSE OF REGULATING AND CONTROLLING SHELLFISH DEALERS,
ESTABLISHING SANITARY CONDITIONS THEREIN, AND THE ENFORCEMENT
AND ADMINISTRATION OF THIS PART 18, THE DEPARTMENT IS HEREBY AUTHORIZED
AS THE STATE CERTIFYING AND INSPECTION AGENCY PURSUANT TO APPLICABLE
FEDERAL LAW AND RULES.
2541805. Powers and duties
of the department. (1) THE
DEPARTMENT IS HEREBY AUTHORIZED TO ENFORCE THIS PART 18 AND TO
ADOPT AND ENFORCE REASONABLE RULES AND STANDARDS TO IMPLEMENT
THIS PART 18. SUCH RULES AND STANDARDS SHALL BE CONSISTENT WITH,
AND NO MORE STRINGENT THAN, STANDARDS ADOPTED PURSUANT TO THE
NATIONAL SHELLFISH SANITATION PROGRAM AND MAY INCLUDE, BUT SHALL
NOT BE LIMITED TO:
(a) RULES GOVERNING APPLICATIONS FOR INITIAL
CERTIFICATION AND FOR ANNUAL RENEWAL OF CERTIFICATIONS;
(b) REQUIREMENTS FOR COMPREHENSIVE ONSITE
INSPECTIONS OF THE PREMISES AND FACILITIES OF APPLICANTS FOR CERTIFICATION;
(c) STANDARDS CONCERNING THE FORM AND
MANNER OF SUBMISSION OF RECORDS REQUIRED FOR CERTIFICATION AND
RECORD KEEPING PURSUANT TO THIS PART 18;
(d) ESTABLISHMENT OF FEES REQUIRED FOR
CERTIFICATION AND RENEWAL OF CERTIFICATION; AND
(e) GROUNDS FOR DENIAL, SUSPENSION, OR
REVOCATION OF A CERTIFICATE.
(2) THIS PART 18 SHALL BE ADMINISTERED
BY THE DEPARTMENT; EXCEPT THAT LOCAL HEALTH DEPARTMENTS MAY BE
AUTHORIZED BY THE DEPARTMENT TO ASSIST IT IN PERFORMING ITS POWERS
AND DUTIES PURSUANT TO THIS PART 18.
(3) THE DEPARTMENT IS AUTHORIZED TO CONDUCT
HEARINGS IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND
TO USE ADMINISTRATIVE LAW JUDGES TO CONDUCT SUCH HEARINGS WHEN
THE USE OF ADMINISTRATIVE LAW JUDGES WOULD RESULT IN A NET SAVING
OF COSTS TO THE DEPARTMENT.
(4) THE DEPARTMENT IS AUTHORIZED TO ENTER INTO COOPERATIVE AGREEMENTS WITH AND TO ACCEPT GRANTS FROM ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE OR ANY OTHER STATE, OR WITH ANY AGENCY OF THE UNITED STATES GOVERNMENT, SUBJECT TO LIMITATIONS SET FORTH ELSEWHERE IN LAW AND THE STATE CONSTITUTION, TO CARRY OUT THE PROVISIONS OF THIS PART 18.
(5) (a) WHEN THE DEPARTMENT DETERMINES
THAT A DEALER'S ACTIVITY CONSTITUTES A MAJOR PUBLIC HEALTH THREAT,
THE DEPARTMENT SHALL:
(I) SUSPEND OR WITHDRAW CERTIFICATION;
AND
(II) IMMEDIATELY NOTIFY THE FDA AND THE
AUTHORITIES IN KNOWN STATES THAT RECEIVE THE DEALER'S SHELLFISH.
(b) THE DEPARTMENT SHALL PROHIBIT ANY
DEALER WHOSE CERTIFICATION HAS BEEN SUSPENDED OR WITHDRAWN FROM
SHIPPING IN INTERSTATE OR INTRASTATE COMMERCE.
(c) WHEN THE DEPARTMENT RECERTIFIES ANY
DEALER, THE DEPARTMENT SHALL NOTIFY THE FDA AND THE AUTHORITIES
IN KNOWN STATES THAT RECEIVE THE SHELLFISH.
2541806. Shellfish dealers
certificate required application fees.
(1) ANY PERSON DESIRING TO DO BUSINESS AS A SHELLFISH
DEALER IN COLORADO SHALL APPLY FOR AND OBTAIN A VALID SHELLFISH
DEALER CERTIFICATION ISSUED BY THE DEPARTMENT PURSUANT TO THIS
PART 18 AND ANY RULES ADOPTED PURSUANT THERETO. ANY SUCH APPLICATION
SHALL BE ACCOMPANIED BY THE APPROPRIATE FEE, IF ANY, SET BY THE
DEPARTMENT.
(2) EACH SHELLFISH DEALER CERTIFICATION
SHALL EXPIRE ON JUNE 30 IN THE YEAR FOLLOWING THE YEAR OF ISSUANCE.
(3) EACH CERTIFICATED SHELLFISH DEALER
SHALL REPORT TO THE DEPARTMENT, IN THE FORM AND MANNER REQUIRED
BY THE DEPARTMENT, ANY CHANGE IN THE INFORMATION PROVIDED IN THE
DEALER'S APPLICATION OR IN SUCH REPORTS PREVIOUSLY SUBMITTED,
WITHIN THIRTY DAYS OF SUCH CHANGE.
(4) CERTIFICATIONS ISSUED PURSUANT TO
THIS PART 18 ARE NOT TRANSFERABLE.
(5) AN APPLICATION FOR RENEWAL OF A SHELLFISH
DEALER CERTIFICATION SHALL BE IN THE FORM AND MANNER PRESCRIBED
BY THE DEPARTMENT.
(6) THE DEPARTMENT SHALL ISSUE ONLY ONE
CERTIFICATION NUMBER TO ANY DEALER FOR ANY LOCATION. A DEALER
MAY MAINTAIN MORE THAN ONE CERTIFICATION IF EACH BUSINESS IS OPERATED
AS A SEPARATE ENTITY AND IS NOT FOUND AT THE SAME LOCATION.
(7) THE CERTIFICATION NUMBER ISSUED TO
ANY DEALER BY THE DEPARTMENT SHALL BE UNIQUE. EACH CERTIFICATION
NUMBER SHALL CONSIST OF A ONE TO FIVEDIGIT ARABIC
NUMBER PRECEDED BY THE TWOLETTER STATE POSTAL ABBREVIATION
("CO") AND FOLLOWED BY A TWOLETTER ABBREVIATION
FOR THE TYPE OF ACTIVITY OR ACTIVITIES THE DEALER IS QUALIFIED
TO PERFORM IN ACCORDANCE WITH THE FOLLOWING TERMS AS DEFINED IN
SECTION 2541802:
(a) SHELL STOCK SHIPPER (SS);
(b) SHUCKERPACKER (SP);
(c) REPACKER (RP);
(d) RESHIPPER (RS);
(e) DEPURATION PROCESSOR (DP); OR
(f) WET STORAGE (WS).
(8) ALL FEES COLLECTED PURSUANT TO THIS
SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL
CREDIT THE SAME TO THE FOOD PROTECTION CASH FUND CREATED IN SECTION
2541605.
2541807. Recordkeeping
requirements. (1) EACH CERTIFICATED
SHELLFISH DEALER SHALL KEEP AND MAINTAIN RECORDS IN THE FORM AND
MANNER DESIGNATED BY THE DEPARTMENT.
(2) RECORDS MAINTAINED PURSUANT TO SUBSECTION
(1) OF THIS SECTION SHALL BE RETAINED AT THE DEALER'S ADDRESS
OF RECORD FOR AT LEAST ONE YEAR OR FOR SUCH DIFFERENT PERIOD AS
THE DEPARTMENT MAY SPECIFY BY RULE.
2541808. Unlawful acts.
(1) UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS UNLAWFUL
AND A VIOLATION OF THIS PART 18 FOR ANY PERSON TO:
(a) PERFORM ANY OF THE ACTS FOR WHICH CERTIFICATION AS A SHELLFISH DEALER IS REQUIRED WITHOUT POSSESSING A VALID CERTIFICATION;
(b) HOLD ONESELF OUT AS BEING SO QUALIFIED
TO PERFORM ANY OF THE ACTS FOR WHICH CERTIFICATION PURSUANT TO
THIS PART 18 IS REQUIRED WITHOUT POSSESSING A VALID CERTIFICATION;
(c) SOLICIT, ADVERTISE, OR OFFER TO PERFORM
ANY OF THE ACTS FOR WHICH CERTIFICATION UNDER THIS PART 18 IS
REQUIRED WITHOUT POSSESSING A VALID CERTIFICATION TO PERFORM SUCH
ACTS;
(d) REFUSE OR FAIL TO COMPLY WITH THE
PROVISIONS OF THIS PART 18;
(e) REFUSE OR FAIL TO COMPLY WITH ANY
RULES ADOPTED BY THE DEPARTMENT PURSUANT TO THIS PART 18 OR TO
ANY LAWFUL ORDER ISSUED BY THE DEPARTMENT;
(f) REFUSE TO COMPLY WITH A CEASE AND
DESIST ORDER ISSUED PURSUANT TO SECTION 2541810;
(g) WILLFULLY MAKE A MATERIAL MISSTATEMENT
IN THE APPLICATION FOR A CERTIFICATION OR IN THE APPLICATION FOR
RENEWAL THEREOF OR TO THE DEPARTMENT DURING AN OFFICIAL INVESTIGATION;
(h) IMPERSONATE ANY FEDERAL, STATE, COUNTY,
CITY AND COUNTY, OR MUNICIPAL OFFICIAL OR INSPECTOR;
(i) AID OR ABET ANOTHER IN ANY VIOLATION
OF THIS PART 18 OR OF ANY RULE ADOPTED PURSUANT THERETO;
(j) REFUSE TO PERMIT ENTRY OR INSPECTION
IN ACCORDANCE WITH SECTION 2541809;
(k) ALLOW A CERTIFICATION ISSUED PURSUANT
TO THIS PART 18 TO BE USED BY AN UNCERTIFICATED PERSON; OR
(l) MAKE ANY MISREPRESENTATION OR FALSE
PROMISE, THROUGH ADVERTISEMENTS, EMPLOYEES, AGENTS, OR OTHERWISE,
IN CONNECTION WITH THE BUSINESS OPERATIONS CERTIFICATED PURSUANT
TO THIS PART 18 OR FOR WHICH AN APPLICATION FOR A CERTIFICATION
IS PENDING.
2541809. Inspections investigations access subpoena. (1) THE DEPARTMENT, UPON ITS OWN MOTION OR UPON THE COMPLAINT OF ANY PERSON, MAY MAKE ANY AND ALL INVESTIGATIONS NECESSARY TO ENSURE COMPLIANCE WITH THIS PART 18.
(2) THE DEPARTMENT SHALL HAVE THE RIGHT
OF ACCESS, AT ANY REASONABLE TIME, DURING REGULAR WORKING HOURS
AND AT OTHER TIMES DURING WHICH ACTIVITY IS EVIDENT, TO ANY PREMISES
FOR THE PURPOSE OF ANY EXAMINATION OR INSPECTION NECESSARY TO
ENFORCE ANY OF THE PROVISIONS OF THIS PART 18 OR THE RULES OR
STANDARDS ADOPTED THEREUNDER.
(3) COMPLAINTS OF RECORD MADE TO THE DEPARTMENT
AND THE RESULTS OF THE DEPARTMENT'S INVESTIGATIONS MAY, IN THE
DISCRETION OF THE DEPARTMENT, BE CLOSED TO PUBLIC INSPECTION,
EXCEPT TO THE PERSON IN INTEREST, AS DEFINED IN SECTION 2472202
(4), C.R.S., OR AS PROVIDED BY COURT ORDER, DURING THE INVESTIGATORY
PERIOD AND UNTIL DISMISSED OR UNTIL NOTICE OF HEARING AND CHARGES
ARE SERVED ON THE PERSON IN INTEREST.
(4) (a) THE DEPARTMENT SHALL HAVE
FULL AUTHORITY TO ADMINISTER OATHS AND TAKE STATEMENTS, TO ISSUE
SUBPOENAS REQUIRING THE ATTENDANCE OF WITNESSES AND THE PRODUCTION
OF BOOKS, MEMORANDA, PAPERS, AND OTHER DOCUMENTS, ARTICLES, OR
INSTRUMENTS, AND TO COMPEL THE DISCLOSURE BY SUCH WITNESSES OF
ALL FACTS KNOWN TO THEM RELATIVE TO THE MATTERS UNDER INVESTIGATION.
(b) UPON FAILURE OR REFUSAL OF ANY WITNESS
TO OBEY ANY SUBPOENA, THE DEPARTMENT MAY PETITION THE DISTRICT
COURT, AND, UPON A PROPER SHOWING, THE COURT MAY ENTER AN ORDER
COMPELLING THE WITNESS TO APPEAR AND TESTIFY OR PRODUCE DOCUMENTARY
EVIDENCE. FAILURE TO OBEY SUCH AN ORDER OF THE COURT SHALL BE
PUNISHABLE AS A CONTEMPT OF COURT.
2541810. Enforcement.
(1) THE DEPARTMENT OR ITS DESIGNEE SHALL ENFORCE THE
PROVISIONS OF THIS PART 18.
(2) (a) IF THE DEPARTMENT HAS REASONABLE
CAUSE TO BELIEVE A VIOLATION OF ANY PROVISION OF THIS PART 18
OR ANY RULE ADOPTED PURSUANT TO THIS PART 18 HAS OCCURRED AND
IMMEDIATE ENFORCEMENT IS DEEMED NECESSARY, IT MAY ISSUE A CEASE
AND DESIST ORDER, WHICH SHALL REQUIRE A PERSON TO CEASE VIOLATING
ANY PROVISION OF THIS PART 18 OR ANY RULE PROMULGATED PURSUANT
TO THIS PART 18.
(b) A CEASE AND DESIST ORDER SHALL SET FORTH THE PROVISIONS ALLEGED TO HAVE BEEN VIOLATED, THE FACTS CONSTITUTING THE VIOLATION, AND THE REQUIREMENT THAT ALL VIOLATING ACTIONS IMMEDIATELY CEASE.
(c) (I) AT ANY TIME AFTER SERVICE
OF THE ORDER TO CEASE AND DESIST, THE PERSON FOR WHOM SUCH ORDER
WAS SERVED MAY REQUEST, AT SUCH PERSON'S DISCRETION, A PROMPT
HEARING TO DETERMINE WHETHER OR NOT SUCH VIOLATION HAS OCCURRED.
(II) A HEARING HELD PURSUANT TO THIS PARAGRAPH
(c) SHALL BE CONDUCTED IN CONFORMANCE WITH THE PROVISIONS OF ARTICLE
4 OF TITLE 24, C.R.S., AND SHALL BE DETERMINED PROMPTLY.
(3) IF THE DEPARTMENT POSSESSES SUFFICIENT
EVIDENCE TO INDICATE THAT A PERSON HAS ENGAGED IN ANY ACT OR PRACTICE
CONSTITUTING A VIOLATION OF THIS PART 18 OR OF ANY RULE ADOPTED
UNDER THIS PART 18, THE DEPARTMENT MAY APPLY TO ANY COURT OF COMPETENT
JURISDICTION TO TEMPORARILY OR PERMANENTLY RESTRAIN OR ENJOIN
THE ACT OR PRACTICE IN QUESTION AND TO ENFORCE COMPLIANCE WITH
THIS PART 18 OR ANY RULE OR ORDER UNDER THIS PART 18. IN ANY
SUCH ACTION, THE DEPARTMENT SHALL NOT BE REQUIRED TO PLEAD OR
PROVE IRREPARABLE INJURY OR THE INADEQUACY OF THE REMEDY AT LAW.
THE COURT SHALL NOT REQUIRE THE DEPARTMENT TO POST A BOND.
2541811. Disciplinary actions
denial of certification. (1) THE
DEPARTMENT, PURSUANT TO THE PROVISIONS OF ARTICLE 4 OF TITLE 24,
C.R.S., MAY ISSUE LETTERS OF ADMONITION OR MAY DENY, SUSPEND,
REFUSE TO RENEW, RESTRICT, OR REVOKE ANY CERTIFICATION AUTHORIZED
UNDER THIS PART 18 IF THE APPLICANT OR CERTIFICATED PERSON HAS:
(a) REFUSED OR FAILED TO COMPLY WITH ANY
PROVISION OF THIS PART 18, ANY RULE ADOPTED UNDER THIS PART 18,
OR ANY LAWFUL ORDER OF THE DEPARTMENT;
(b) HAD AN EQUIVALENT CERTIFICATION DENIED,
REVOKED, OR SUSPENDED BY ANY AUTHORITY;
(c) REFUSED TO PROVIDE THE DEPARTMENT
WITH REASONABLE, COMPLETE, AND ACCURATE INFORMATION WHEN REQUESTED
BY THE DEPARTMENT; OR
(d) FALSIFIED ANY INFORMATION REQUESTED
BY THE DEPARTMENT.
(2) IN ANY PROCEEDING HELD UNDER THIS
SECTION, THE DEPARTMENT MAY ACCEPT AS PRIMA FACIE EVIDENCE OF
GROUNDS FOR DISCIPLINARY ACTION ANY DISCIPLINARY ACTION TAKEN
AGAINST A DEALER IN ANOTHER JURISDICTION IF THE VIOLATION WHICH
PROMPTED THE DISCIPLINARY ACTION IN THAT JURISDICTION WOULD BE
GROUNDS FOR DISCIPLINARY ACTION UNDER THIS SECTION.
2541812. Civil penalties.
(1) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS PART
18 OR ANY RULE ADOPTED PURSUANT TO THIS PART 18 IS SUBJECT TO
A CIVIL PENALTY, AS DETERMINED BY THE DEPARTMENT. THE MAXIMUM
PENALTY SHALL NOT EXCEED FIFTY DOLLARS PER VIOLATION.
(2) NO CIVIL PENALTY MAY BE IMPOSED UNLESS
THE PERSON CHARGED IS GIVEN NOTICE AND OPPORTUNITY FOR A HEARING
PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S.
(3) IF THE DEPARTMENT IS UNABLE TO COLLECT
SUCH CIVIL PENALTY OR IF ANY PERSON FAILS TO PAY ALL OR A SET
PORTION OF THE CIVIL PENALTY AS DETERMINED BY THE DEPARTMENT,
THE DEPARTMENT MAY BRING SUIT TO RECOVER SUCH AMOUNT PLUS COSTS
AND ATTORNEY FEES BY ACTION IN ANY COURT OF COMPETENT JURISDICTION.
(4) BEFORE IMPOSING ANY CIVIL PENALTY,
THE DEPARTMENT MAY CONSIDER THE EFFECT OF SUCH PENALTY ON THE
ABILITY OF THE PERSON CHARGED TO STAY IN BUSINESS.
(5) ALL PENALTIES COLLECTED PURSUANT TO
THIS SECTION BY THE DEPARTMENT SHALL BE TRANSMITTED TO THE STATE
TREASURER WHO SHALL CREDIT THE SAME TO THE FOOD PROTECTION CASH
FUND CREATED IN SECTION 2541605.
2541813. Criminal penalties.
ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF SECTION 2541808
COMMITS A CLASS 3 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED
IN SECTION 181106 (1), C.R.S.
SECTION 2. No
appropriation. The general assembly has determined that this
act can be implemented within existing appropriations, and therefore
no separate appropriation of state moneys is necessary to carry
out the purposes of this act.
SECTION 3. Effective
date applicability. This act shall take
effect July 1, 1997, and shall apply to acts committed on or after
said date.
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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO