BY SENATOR Hopper;
also REPRESENTATIVES Lawrence, Mace, Paschall, Sullivant,
and Udall.
CONCERNING THE REGULATION OF RETAIL FOOD ESTABLISHMENTS,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part 16 of article 4 of title 25, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
PART 16
FOOD PROTECTION ACT
2541601. Legislative declaration.
(1) 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 ADMINISTRATION AND ENFORCEMENT OF SUCH MINIMUM
STANDARDS AND RULES. SUCH STANDARDS AND RULES ARE ESTABLISHED
TO:
(a) ENSURE THE SAFETY OF FOOD PREPARED,
SOLD, OR SERVED IN RETAIL FOOD ESTABLISHMENTS;
(b) MAXIMIZE PUBLIC HEALTH PROTECTION;
(c) IDENTIFY HAZARDS AND POTENTIAL SOURCES
OF CONTAMINATION AND TAKE MEASURES TO PREVENT, REDUCE, OR ELIMINATE
THE PHYSICAL, CHEMICAL, OR BIOLOGICAL AGENTS IN FOOD PREPARED,
SOLD, OR SERVED IN RETAIL FOOD ESTABLISHMENTS; AND
(d) IMPROVE THE SANITARY CONDITION OF
ALL RETAIL FOOD ESTABLISHMENTS, REDUCE FOODBORNE ILLNESS
OUTBREAKS, AND CONTROL THE SPREAD OF FOODBORNE DISEASE FROM
RETAIL FOOD ESTABLISHMENTS.
(2) THIS PART 16 IS DEEMED AN EXERCISE
OF THE POLICE POWERS OF THE STATE FOR THE PROTECTION OF THE HEALTH
AND SOCIAL WELFARE OF THE PEOPLE OF THE STATE OF COLORADO.
2541602. Definitions.
AS USED IN THIS PART 16, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "AUTOMATED FOOD MERCHANDISING
ENTERPRISE" MEANS THE COLLECTIVE ACTIVITY OF THE SUPPLYING
OR PREPARING OF FOOD OR DRINK FOR AUTOMATED FOOD MERCHANDISING
MACHINES.
(2) "CERTIFICATE OF LICENSE"
MEANS A GRANT TO OPERATE A RETAIL FOOD ESTABLISHMENT WITHOUT A
FEE, UNDER THE CONDITIONS SET FORTH IN SECTION 2541607
(9).
(3) "DEPARTMENT" MEANS THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT, AND ITS AUTHORIZED EMPLOYEES.
(4) "FOOD" MEANS ANY RAW, COOKED,
OR PROCESSED EDIBLE SUBSTANCE, ICE, BEVERAGE, OR INGREDIENT USED
OR INTENDED FOR USE OR FOR SALE IN WHOLE OR IN PART FOR HUMAN
CONSUMPTION.
(5) "FUND" MEANS THE FOOD PROTECTION
CASH FUND CREATED IN SECTION 2541608.
(6) "HACCP PLAN" MEANS A WRITTEN
DOCUMENT SETTING FORTH THE FORMAL PROCEDURES FOR FOLLOWING HAZARD
ANALYSIS CRITICAL CONTROL POINT PRINCIPLES.
(7) "INSPECTION" MEANS AN INSPECTION
OF A RETAIL FOOD ESTABLISHMENT CONDUCTED BY THE DEPARTMENT OR
A LOCAL BOARD OF HEALTH TO ENSURE COMPLIANCE BY SUCH ESTABLISHMENT
WITH RULES PROMULGATED BY THE DEPARTMENT PURSUANT TO THIS PART
16.
(8) "LICENSE" MEANS A GRANT
TO A LICENSEE TO OPERATE A RETAIL FOOD ESTABLISHMENT.
(9) "LICENSEE" MEANS A PERSON
THAT IS LICENSED OR WHO HOLDS A CERTIFICATE OF LICENSE PURSUANT
TO THIS PART 16 AND IS RESPONSIBLE FOR THE LAWFUL OPERATION OF
A RETAIL FOOD ESTABLISHMENT.
(10) "LOCAL BOARD OF HEALTH"
MEANS A COUNTY OR DISTRICT HEALTH DEPARTMENT, A COUNTY OR MUNICIPAL
BOARD OF HEALTH, OR A REGIONAL HEALTH DEPARTMENT ESTABLISHED PURSUANT
TO PART 5, 6, OR 7 OF ARTICLE 1 OF THIS TITLE.
(11) "MODIFIED ATMOSPHERE PACKAGING"
MEANS THE REDUCTION OF THE AMOUNT OF OXYGEN IN A PACKAGE BY MECHANICALLY
EVACUATING THE OXYGEN, DISPLACING THE OXYGEN WITH ANOTHER GAS
OR COMBINATION OF GASES, OR OTHERWISE CONTROLLING THE OXYGEN CONTENT
TO A LEVEL BELOW THAT NORMALLY FOUND IN THE SURROUNDING ATMOSPHERE,
WHICH IS TWENTYONE PERCENT OXYGEN.
(12) "NONPOTENTIALLY HAZARDOUS"
MEANS ANY FOOD OR BEVERAGE THAT, WHEN STORED UNDER NORMAL CONDITIONS
WITHOUT REFRIGERATION, WILL NOT SUPPORT THE RAPID AND PROGRESSIVE
GROWTH OF MICROORGANISMS THAT CAUSE FOOD INFECTIONS OR FOOD INTOXICATIONS.
(13) "PERSON" MEANS A NATURAL
PERSON, PARTNERSHIP, ASSOCIATION, COMPANY, CORPORATION, OR ORGANIZATION
OR A MANAGER, AGENT, SERVANT, OFFICER, OR EMPLOYEE OF ANY OF SUCH
ENTITIES.
(14) "RETAIL FOOD ESTABLISHMENT"
MEANS A RETAIL OPERATION THAT STORES, PREPARES, OR PACKAGES FOOD
FOR HUMAN CONSUMPTION OR SERVES OR OTHERWISE PROVIDES FOOD FOR
HUMAN CONSUMPTION TO CONSUMERS DIRECTLY OR INDIRECTLY THROUGH
A DELIVERY SERVICE, WHETHER SUCH FOOD IS CONSUMED ON OR OFF THE
PREMISES OR WHETHER THERE IS A CHARGE FOR SUCH FOOD. "RETAIL
FOOD ESTABLISHMENT" DOES NOT MEAN:
(a) ANY PRIVATE HOME;
(b) PRIVATE BOARDING HOUSES;
(c) HOSPITAL AND HEALTH FACILITY PATIENT FEEDING OPERATIONS LICENSED BY THE DEPARTMENT;
(d) CHILD CARE CENTERS AND OTHER CHILD
CARE FACILITIES LICENSED BY THE DEPARTMENT OF HUMAN SERVICES;
(e) HUNTING CAMPS AND OTHER OUTDOOR RECREATION
LOCATIONS WHERE FOOD IS PREPARED IN THE FIELD RATHER THAN AT A
FIXED BASE OF OPERATION;
(f) FOOD OR BEVERAGE WHOLESALE MANUFACTURING,
PROCESSING, OR PACKAGING PLANTS, OR PORTIONS THEREOF, THAT ARE
SUBJECT TO REGULATORY CONTROLS UNDER STATE OR FEDERAL LAWS OR
REGULATIONS;
(g) MOTOR VEHICLES USED ONLY FOR THE TRANSPORT
OF FOOD;
(h) ESTABLISHMENTS PREPARING AND SERVING
ONLY HOT COFFEE, HOT TEA, INSTANT HOT BEVERAGES, AND NONPOTENTIALLY
HAZARDOUS DOUGHNUTS OR PASTRIES OBTAINED FROM SOURCES COMPLYING
WITH ALL LAWS RELATED TO FOOD AND FOOD LABELING;
(i) ESTABLISHMENTS THAT HANDLE ONLY NONPOTENTIALLY
HAZARDOUS PREPACKAGED FOOD AND OPERATIONS SERVING ONLY COMMERCIALLY
PREPARED, PREPACKAGED FOODS REQUIRING NO PREPARATION OTHER THAN
THE HEATING OF FOOD WITHIN ITS ORIGINAL CONTAINER OR PACKAGE;
(j) FARMERS MARKETS AND ROADSIDE MARKETS
THAT OFFER ONLY UNCUT FRESH FRUIT AND VEGETABLES FOR SALE;
(k) AUTOMATED FOOD MERCHANDISING ENTERPRISES
THAT SUPPLY ONLY PREPACKAGED NONPOTENTIALLY HAZARDOUS FOOD OR
DRINK OR FOOD OR DRINK IN BOTTLES, CANS, OR CARTONS ONLY, AND
OPERATIONS THAT DISPENSE ONLY CHEWING GUM OR SALTED NUTS IN THEIR
NATURAL PROTECTIVE COVERING;
(l) THE DONATION, PREPARATION, SALE, OR
SERVICE OF FOOD BY A NONPROFIT OR CHARITABLE ORGANIZATION IN CONJUNCTION
WITH AN EVENT OR CELEBRATION IF SUCH DONATION, PREPARATION, SALE,
OR SERVICE OF FOOD:
(I) DOES NOT EXCEED THE DURATION OF THE
EVENT OR CELEBRATION OR A MAXIMUM OF FIFTYTWO DAYS WITHIN
A CALENDAR YEAR; AND
(II) TAKES PLACE IN THE COUNTY IN WHICH SUCH NONPROFIT OR CHARITABLE ORGANIZATION RESIDES OR IS PRINCIPALLY LOCATED.
(14) "SAFE FOOD" MEANS FOOD
THAT DOES NOT CONTAIN ANY POISONOUS, DELETERIOUS, OR DISEASECAUSING
SUBSTANCE OR MICROORGANISMS THAT MAY RENDER SUCH FOOD INJURIOUS
TO HUMAN HEALTH.
(15) "SPECIAL EVENT" MEANS AN
ORGANIZED EVENT OR CELEBRATION AT WHICH RETAIL FOOD ESTABLISHMENTS
PREPARE, SERVE, OR OTHERWISE PROVIDE FOOD FOR HUMAN CONSUMPTION.
2541603. 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, AND ENFORCE AND ADMINISTER
THIS PART 16.
2541604. Powers and duties
of the department. (1) THE
DEPARTMENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(a) TO GRANT OR REFUSE LICENSES AND CERTIFICATES
OF LICENSE PURSUANT TO SECTION 2541606, OR TO SUSPEND
OR REVOKE LICENSES AND CERTIFICATES OF LICENSE PURSUANT TO SECTION
2541609;
(b) (I) TO PROMULGATE RULES PURSUANT
TO ARTICLE 4 OF TITLE 24, C.R.S., FOR THE IMPLEMENTATION, ADMINISTRATION,
AND ENFORCEMENT OF THIS PART 16, AND AS NECESSARY TO ENSURE A
SAFE FOOD SUPPLY IN RETAIL FOOD ESTABLISHMENTS. SUCH RULES MAY
INCLUDE PROVISIONS FOR THE INITIAL AND PERIODIC MEDICAL EXAMINATION
BY THE DEPARTMENT OR OTHER COMPETENT MEDICAL AUTHORITY OF ALL
EMPLOYEES OF RETAIL FOOD ESTABLISHMENTS AND SHALL INCLUDE PROVISIONS
SPECIFYING AND REGULATING THE PLACES AND CONDITIONS UNDER WHICH
FOOD SHALL BE PREPARED FOR CONSUMPTION, A UNIFORM CODE OF SANITARY
RULES, AND SUCH OTHER RULES AS THE DEPARTMENT DEEMS NECESSARY.
SUCH RULES MAY BE MODIFIED AND CHANGED FROM TIME TO TIME.
(II) FOR PURPOSES OF THIS PARAGRAPH (b),
A UNIFORM CODE OF SANITARY RULES MEANS RULES FOR THE PREPARATION,
SALE, AND SERVING OF FOOD, INCLUDING BUT NOT BE LIMITED TO GENERAL
OVERALL RETAIL FOOD ESTABLISHMENT AND EQUIPMENT DESIGN AND CONSTRUCTION;
SANITARY MAINTENANCE OF EQUIPMENT, UTENSILS, AND FACILITIES FOR
FOOD PREPARATION, SERVICE, AND STORAGE; WHOLESOMENESS OF FOOD
AND DRINK; SOURCE AND PROTECTION OF FOOD AND WATER; DISPOSAL OF
LIQUID AND SOLID WASTES; AND OTHER RULES FOR THE EFFECTIVE ADMINISTRATION
AND ENFORCEMENT OF THIS PART 16.
(c) TO HEAR AND DETERMINE ALL COMPLAINTS
AGAINST LICENSEES OR GRANTEES OF CERTIFICATES OF LICENSE AND TO
ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF
ANY PERSON NECESSARY TO THE DETERMINATION OF ANY SUCH HEARING;
(d) TO ENFORCE THIS PART 16 AND THE RULES
PROMULGATED PURSUANT TO THIS SECTION;
(e) TO ENTER RETAIL FOOD ESTABLISHMENTS
DURING BUSINESS HOURS AND AT OTHER TIMES DURING WHICH ACTIVITY
IS EVIDENT TO CONDUCT INSPECTIONS AND OTHER INTERVENTIONS RELATED
TO FOOD SAFETY AND THE PROTECTION OF PUBLIC HEALTH;
(f) TO DEVELOP AND ENFORCE STANDARDS OF
PROGRAM CONDUCT AND PERFORMANCE TO BE FOLLOWED AND ADHERED TO
BY EMPLOYEES OF THE DEPARTMENT AND LOCAL BOARDS OF HEALTH.
(g) TO PROVIDE TECHNICAL ASSISTANCE, EQUIPMENT
AND PRODUCT REVIEW, TRAINING AND STANDARDIZATION, PROGRAM EVALUATION,
AND OTHER SERVICES NECESSARY TO ASSURE THE UNIFORM INTERPRETATION
AND APPLICATION OF RULES PROMULGATED UNDER THIS PART 16;
(h) TO REVIEW AND APPROVE HACCP PLANS
SUBMITTED FOR EVALUATION TO VERIFY AND ENSURE THAT FOOD HANDLING
RISKS ARE REDUCED TO PREVENT FOODBORNE ILLNESS OUTBREAKS;
(i) TO DELEGATE TO ANY LOCAL BOARD OF
HEALTH THE POWERS AND DUTIES DESCRIBED IN PARAGRAPHS (a), (c),
(d), (e), AND (h) OF THIS SUBSECTION (1) AT THE REQUEST OF SUCH
LOCAL BOARD OF HEALTH.
2541605. Submission of
plans for approval required. (1) AN
OWNER OR OPERATOR SHALL SUBMIT PLANS AND SPECIFICATIONS TO THE
DEPARTMENT OR LOCAL 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 FOR USE AS A RETAIL
FOOD ESTABLISHMENT. SUCH PLANS AND SPECIFICATIONS SHALL BE SUBMITTED
FOR REVIEW AND APPROVAL, IN SUCH FORM AS THE DEPARTMENT REQUIRES,
TO ENSURE THAT THE RETAIL FOOD ESTABLISHMENT LAYOUT, EQUIPMENT,
AND FOOD HANDLING PROCEDURES ARE CONDUCIVE TO PROVIDING A SAFE
FOOD PRODUCT. EACH PLAN AND SPECIFICATION SUBMISSION SHALL BE
ACCOMPANIED BY THE FEES SET FORTH IN SECTION 2541607.
THE DEPARTMENT AND LOCAL BOARD OF HEALTH SHALL TREAT SUCH PLANS
AND SPECIFICATIONS AS CONFIDENTIAL TRADE SECRET INFORMATION.
SUCH PLANS AND SPECIFICATIONS SHALL INDICATE THE PROPOSED LAYOUT,
ARRANGEMENT, MECHANICAL PLANTS, CONSTRUCTION MATERIALS OF WORK
AREAS, AND THE LOCATION, TYPE, AND MODEL OF PROPOSED FIXED EQUIPMENT
AND FACILITIES.
(2) THE CONSTRUCTION, EXTENSIVE REMODELING,
OR CONVERSION OF ANY RETAIL FOOD ESTABLISHMENT SHALL BE IN ACCORDANCE
WITH THE PLANS AND SPECIFICATIONS SUBMITTED TO AND APPROVED BY
THE DEPARTMENT OR LOCAL BOARD OF HEALTH. THE DEPARTMENT OR LOCAL
BOARD OF HEALTH SHALL CONDUCT PREOPENING INSPECTIONS OF RETAIL
FOOD ESTABLISHMENTS TO ASSURE COMPLIANCE WITH THE APPROVED PLANS,
AS CIRCUMSTANCES REQUIRE.
(3) AN OWNER OR OPERATOR SHALL SUBMIT
AN HACCP PLAN TO THE DEPARTMENT OR LOCAL BOARD OF HEALTH FOR REVIEW
AND APPROVAL BEFORE BEGINNING A MODIFIED ATMOSPHERE PACKAGING
PROCESS OR OTHER FOOD PREPARATION METHOD THAT DOES NOT MEET RULES
PROMULGATED BY THE DEPARTMENT. HACCP PLANS SHALL BE SUBMITTED
IN SUCH FORM AS THE DEPARTMENT REQUIRES. SUCH SUBMISSION SHALL
ENSURE THAT FOOD HANDLING RISKS ARE REDUCED TO PREVENT FOODBORNE
ILLNESS AND OUTBREAKS. THE DEPARTMENT AND ANY LOCAL BOARD OF
HEALTH SHALL TREAT HACCP PLANS AS CONFIDENTIAL TRADE SECRET INFORMATION.
(4) THE DEPARTMENT OR LOCAL BOARD OF HEALTH
SHALL RESPOND TO ANY PLANS AND SPECIFICATIONS SUBMITTED PURSUANT
TO SUBSECTION (1) OF THIS SECTION AND TO ANY HACCP PLAN SUBMITTED
PURSUANT TO SUBSECTION (3) OF THIS SECTION WITHIN FOURTEEN WORKING
DAYS AFTER RECEIPT. IF A SUBMITTED HACCP PLAN OR OTHER PLAN OR
SPECIFICATION IS DEEMED INADEQUATE, THE DEPARTMENT OR THE LOCAL
BOARD OF HEALTH SHALL RESPOND IN WRITING TO THE SUBMITTER OF THE
PLANS OR SPECIFICATIONS WITH A STATEMENT DESCRIBING HOW SUCH DEFICIENCIES
MAY BE CORRECTED.
2541606. Licensure
exception. (1) AN APPLICATION
FOR A LICENSE OR A CERTIFICATE OF LICENSE SHALL BE FILED WITH
THE DEPARTMENT OR LOCAL BOARD OF HEALTH BEFORE ANY PERSON MAY
OPERATE A RETAIL FOOD ESTABLISHMENT IN THIS STATE. SUCH APPLICATION
SHALL BE ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL INCLUDE
SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE.
(2) BEFORE GRANTING ANY LICENSE OR CERTIFICATE
OF LICENSE, THE DEPARTMENT OR LOCAL BOARD OF HEALTH MAY VISIT
AND INSPECT THE RETAIL FOOD ESTABLISHMENT OR PROPERTY ON WHICH
THE APPLICANT CONDUCTS OR PROPOSES TO CONDUCT BUSINESS TO ASSESS
WHETHER SUCH ESTABLISHMENT CAN OPERATE IN ACCORDANCE WITH THE
RULES PROMULGATED BY THE DEPARTMENT TO PROVIDE A SAFE FOOD PRODUCT.
IF AN APPLICANT COMPLIES WITH THE REQUIREMENTS OF THIS SUBSECTION
(2) AND THE RULES PROMULGATED PURSUANT TO THIS PART 16, THE DEPARTMENT
OR LOCAL BOARD OF HEALTH SHALL APPROVE THE APPLICATION FOR A LICENSE
OR CERTIFICATE OF LICENSE.
(3) EVERY LICENSE AND CERTIFICATE OF LICENSE
GRANTED PURSUANT TO THIS SECTION SHALL SPECIFY THE DATE GRANTED,
THE PERIOD OF COVERAGE, THE NAME OF THE LICENSEE, AND THE NAME
AND ADDRESS OF THE LICENSED ESTABLISHMENT. ALL LICENSES SHALL
BE CONSPICUOUSLY DISPLAYED AT ALL TIMES IN THE LICENSED ESTABLISHMENT.
(4) LICENSES AND CERTIFICATES OF LICENSE
SHALL BE VALID FOR ONE CALENDAR YEAR, OR SUCH PORTION THEREOF
AS REMAINS AFTER THE GRANTING OF SUCH LICENSE OR CERTIFICATE.
WHEN A LICENSE OR CERTIFICATE IS VALID FOR ONLY A PORTION OF
A CALENDAR YEAR, THERE SHALL BE NO REDUCTION OF THE FEES REQUIRED
BY SECTION 2541607. ALL LICENSES AND CERTIFICATES
OF LICENSE SHALL EXPIRE DECEMBER THIRTYFIRST OF THE YEAR
IN WHICH THEY WERE GRANTED AND RENEWAL APPLICATIONS SHALL BE FILED
WITH THE DEPARTMENT DURING DECEMBER OF EACH YEAR. ONCE A LICENSE
OR CERTIFICATE OF LICENSE HAS BEEN GRANTED, THE DEPARTMENT OR
LOCAL BOARD OF HEALTH SHALL NOT REFUSE TO RENEW SUCH LICENSE OR
CERTIFICATE UNLESS THE LICENSEE HAS ENGAGED IN AN UNLAWFUL ACT
SET FORTH IN SECTION 2541610 OR IS IN VIOLATION OF
ANY RULES PROMULGATED PURSUANT TO THIS PART 16.
(5) SUBSECTIONS (1) AND (2) OF THIS SECTION
SHALL NOT APPLY IN THE CITY AND COUNTY OF DENVER, WHICH, BY ORDINANCE,
MAY PROVIDE FOR THE LICENSURE OF RETAIL FOOD ESTABLISHMENTS.
2541607. Fees.
(1) EACH RETAIL FOOD ESTABLISHMENT IN THIS STATE SHALL
BE ASSESSED AN ANNUAL LICENSE FEE IN ACCORDANCE WITH THE FOLLOWING
PROVISIONS:
(a) A RETAIL FOOD ESTABLISHMENT PREPARING
OR SERVING FOOD IN INDIVIDUAL PORTIONS FOR IMMEDIATE ON
OR OFFPREMISES CONSUMPTION SHALL BE ASSESSED AN ANNUAL FEE
BASED ON THE FOLLOWING SCHEDULE:
Seating Capacity Fee
0 to 100 $110
101 to 200 125
Over 200 135
(b) A RETAIL FOOD ESTABLISHMENT OFFERING
FOOD FOR RETAIL SALE TO CONSUMERS FOR OFFPREMISES CONSUMPTION
SHALL BE ASSESSED AN ANNUAL FEE BASED ON THE FOLLOWING SCHEDULE:
Square Footage Fee
Less than 3,000 $ 44
3,001 to 10,000 80
10,001 to 20,000 92
20,001 to 40,000 110
40,001 to 70,000 140
Over 70,000 200
(c) A RETAIL FOOD ESTABLISHMENT OFFERING
FOOD FOR RETAIL SALE TO CONSUMERS FOR OFFPREMISES CONSUMPTION
AND PREPARING OR SERVING FOOD IN INDIVIDUAL PORTIONS FOR IMMEDIATE
CONSUMPTION EITHER ON OR OFFPREMISES SHALL BE ASSESSED
AN ANNUAL FEE BASED ON THE FOLLOWING SCHEDULE:
Square Footage Fee
Less than 3,000 $110
3,001 to 10,000 180
10,001 to 20,000 192
20,001 to 40,000 210
40,001 to 70,000 240
Over 70,000 310
(d) A RETAIL FOOD ESTABLISHMENT SHALL
BE SUBJECT TO ONLY ONE OF THE FEES ESTABLISHED IN THIS SUBSECTION
(1).
(e) (I) RETAIL FOOD ESTABLISHMENT
LICENSE FEES SHALL BE ESTABLISHED PURSUANT TO THIS SUBSECTION
(1); EXCEPT THAT THE CITY AND COUNTY OF DENVER MAY ESTABLISH SUCH
FEES BY ORDINANCE.
(II) NOTWITHSTANDING SUBPARAGRAPH (I)
OF THIS PARAGRAPH (e), THE FEES ESTABLISHED IN THIS SUBSECTION
(1) SHALL BE THE ONLY ANNUAL LICENSE FEES CHARGED BY THE STATE
OR ANY COUNTY, LOCAL, OR REGIONAL INSPECTION AUTHORITY, INCLUDING
THE CITY AND COUNTY OF DENVER, AND SHALL COVER ALL INSPECTIONS
OF A RETAIL FOOD ESTABLISHMENT PURSUANT TO THIS SUBSECTION (1)
THROUGHOUT AN ANNUAL LICENSE PERIOD.
(2) AT THE TIME A PLAN IS SUBMITTED FOR
REVIEW, AN APPLICATION FEE OF SEVENTYFIVE DOLLARS SHALL
BE PAID TO THE DEPARTMENT OR LOCAL BOARD OF HEALTH. THE FEE FOR
PLAN REVIEW AND PREOPENING INSPECTION OF A NEW OR REMODELED RETAIL
FOOD ESTABLISHMENT SHALL BE THE ACTUAL COST OF SUCH REVIEW, WHICH
SHALL NOT EXCEED TWO HUNDRED EIGHTY DOLLARS. SUCH COSTS SHALL
BE PAYABLE AT THE TIME THE PLAN IS APPROVED AND AN INSPECTION
IS COMPLETED TO DETERMINE COMPLIANCE.
(3) AT THE TIME AN EQUIPMENT OR PRODUCT
REVIEW IS SUBMITTED, AN APPLICATION FEE OF SEVENTYFIVE DOLLARS
SHALL BE PAID TO THE DEPARTMENT. THE FEE FOR EQUIPMENT OR PRODUCT
REVIEW BY THE DEPARTMENT TO DETERMINE COMPLIANCE WITH APPLICABLE
STANDARDS SHALL BE THE ACTUAL COST OF SUCH REVIEW, WHICH SHALL
NOT EXCEED TWO HUNDRED EIGHTY DOLLARS. SUCH COSTS SHALL BE PAYABLE
WHEN THE REVIEW IS COMPLETED.
(4) THE FEE FOR A HACCP PLAN REVIEW OF
A SPECIFIC WRITTEN PROCESS SHALL BE THE ACTUAL COST OF SUCH REVIEW,
WHICH SHALL NOT EXCEED EIGHTY DOLLARS. THE REVIEW OF A HACCP
PLAN FOR A PROCESS ALREADY CONDUCTED AT A FACILITY SHALL BE THE
ACTUAL COST OF SUCH REVIEW, WHICH SHALL NOT EXCEED TWO HUNDRED
DOLLARS. COSTS SHALL BE PAID AT THE TIME THE PLAN IS APPROVED
AND AN INSPECTION IS COMPLETED.
(5) THE FEE FOR SERVICES REQUESTED BY
ANY PERSON SEEKING DEPARTMENT OR LOCAL BOARD OF HEALTH REVIEW
OF A POTENTIAL RETAIL FOOD ESTABLISHMENT SITE SHALL BE SEVENTYFIVE
DOLLARS OR THE ACTUAL COST OF SUCH REVIEW, WHICHEVER IS GREATER.
SEVENTYFIVE DOLLARS OF SUCH FEE SHALL BE BILLED AT THE
TIME THE REVIEW IS REQUESTED, AND THE REMAINDER SHALL BE PAYABLE
WHEN SERVICES ARE COMPLETED.
(6) THE FEE FOR FOOD PROTECTION SERVICES PROVIDED TO SPECIAL EVENTS SHALL NOT EXCEED THE ACTUAL COST OF SUCH SERVICES AND SHALL BE PAID BY THE ORGANIZER OF SUCH SPECIAL EVENT WHEN SERVICES ARE COMPLETED.
(7) THE FEE FOR ANY REQUESTED SERVICE
NOT SPECIFICALLY SET FORTH IN THIS SECTION SHALL NOT EXCEED THE
ACTUAL COST OF SUCH SERVICE.
(8) THE ACTUAL COST OF A SERVICE SHALL
BE ESTABLISHED BY THE DEPARTMENT OR LOCAL BOARD OF HEALTH, WHICHEVER
PROVIDED THE SERVICE.
(9) (a) A CERTIFICATE OF LICENSE
MAY BE ISSUED TO AND IN THE NAME AND ADDRESS OF ANY:
(I) PAROCHIAL, PUBLIC, OR PRIVATE SCHOOL;
(II) PENAL INSTITUTION;
(III) CHARITABLE ORGANIZATION AND BENEVOLENT,
NONPROFIT RETAIL FOOD ESTABLISHMENT CONDUCTED FOR THE PURPOSE
OF ASSISTING ELDERLY, INCAPACITATED, OR DISADVANTAGED PERSONS;
AND
(IV) NONPROFIT OR CHARITABLE ORGANIZATION
THAT DONATES, PREPARES, SELLS, OR SERVES FOOD IN CONJUNCTION WITH
AN EVENT OR CELEBRATION IF SUCH DONATION, PREPARATION, SALE, OR
SERVICE OF FOOD:
(A) DOES NOT EXCEED THE DURATION OF THE
EVENT OR CELEBRATION OR A MAXIMUM OF FIFTYTWO DAYS WITHIN
A CALENDAR YEAR; AND
(B) TAKES PLACE IN THE COUNTY IN WHICH
SUCH NONPROFIT OR CHARITABLE ORGANIZATION RESIDES OR IS PRINCIPALLY
LOCATED.
(b) NO INSTITUTION OR ORGANIZATION LISTED
IN PARAGRAPH (a) OF THIS SUBSECTION (9) SHALL PAY ANY FEE IMPOSED
ON A RETAIL FOOD ESTABLISHMENT PURSUANT TO THIS SECTION.
(10) LOCAL BOARDS OF HEALTH CREATED IN
PARTS 5, 6, AND 7 OF ARTICLE 1 OF THIS TITLE SHALL COLLECT FEES
UNDER THIS SECTION IF SUCH LOCAL BOARDS OF HEALTH ARE AUTHORIZED
BY THE DEPARTMENT TO ENFORCE THIS PART 16 AND ANY RULES PROMULGATED
PURSUANT TO THIS PART 16.
(11) (a) NO LATER THAN JANUARY 1,
2001, THE DEPARTMENT, WORKING WITH THE RETAIL FOOD INDUSTRY AND
LOCAL HEALTH REPRESENTATIVES, SHALL SUBMIT A REPORT TO THE GENERAL
ASSEMBLY WITH RECOMMENDED FEES FOR RETAIL FOOD ESTABLISHMENTS.
(b) IF THE REPORT DESCRIBED IN PARAGRAPH
(a) OF THIS SUBSECTION (11) IS NOT SUBMITTED OR IF THE FEES SET
FORTH IN THIS SECTION DECREASE AFTER JULY 1, 1998, THIS PART 16
IS REPEALED, EFFECTIVE JANUARY 1, 2002. IF NO REPORT IS SUBMITTED
OR IF THE FEES DECREASE, THE DEPARTMENT SHALL NOTIFY THE GENERAL
ASSEMBLY AND THE REVISOR OF STATUTES OF SUCH FACT.
2541608. Food protection
cash fund creation. (1) FEES
COLLECTED BY THE DEPARTMENT PURSUANT TO SECTION 2541607
SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE
SAME 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 FOR THE PAYMENT OF SALARIES
AND EXPENSES NECESSARY FOR THE ADMINISTRATION OF THIS PART 16.
(2) TWENTY DOLLARS OF EACH FEE COLLECTED
BY THE DEPARTMENT AND LOCAL BOARD OF HEALTH PURSUANT TO SECTION
2541607 SHALL BE TRANSMITTED TO THE STATE TREASURER
WHO SHALL CREDIT SUCH FEE TO THE FOOD PROTECTION CASH FUND CREATED
IN SUBSECTION (1) OF THIS SECTION. THIS PORTION OF THE FEE SHALL
BE USED BY THE DEPARTMENT TO CONDUCT THE DUTIES AND RESPONSIBILITIES
SET FORTH IN SECTION 2541604 (1) (a), (1) (b), (1)
(c), (1) (f), (1) (g), AND (1) (i). THE REMAINDER OF SUCH FEE
SHALL BE RETAINED BY THE LOCAL BOARD OF HEALTH FOR DEPOSIT IN
THE APPROPRIATE LOCAL BOARD OF HEALTH CASH FUND IN ACCORDANCE
WITH SECTIONS 251509 AND 251713, OR IF
THE FEE IS COLLECTED BY THE DEPARTMENT IT SHALL BE DEPOSITED PURSUANT
TO SECTION 2541608 (1), AND USED TO PAY A PORTION
OF THE COST OF CONDUCTING A RETAIL FOOD ESTABLISHMENT PROTECTION
PROGRAM.
(3) ANY INTEREST DERIVED FROM THE DEPOSIT
AND INVESTMENT OF MONEYS IN THE FOOD PROTECTION CASH FUND SHALL
BE CREDITED TO SUCH FUND. ANY UNEXPENDED OR UNENCUMBERED MONEYS
REMAINING IN SUCH FUND AT THE END OF A FISCAL YEAR SHALL REMAIN
IN THE FUND AND SHALL NOT REVERT OR BE TRANSFERRED TO THE GENERAL
FUND OR ANY OTHER FUND OF THE STATE.
2541609. Disciplinary actions
revocation suspension review.
(1) THE DEPARTMENT OR LOCAL BOARD OF HEALTH MAY, ON
ITS OWN MOTION OR COMPLAINT AND AFTER AN INVESTIGATION AND HEARING
AT WHICH THE LICENSEE IS AFFORDED AN OPPORTUNITY TO BE HEARD,
SUSPEND OR REVOKE A LICENSE OR CERTIFICATE OF LICENSE FOR ANY
VIOLATION OF THIS PART 16, ANY RULE ADOPTED PURSUANT TO THIS PART
16, OR ANY OF THE TERMS, CONDITIONS, OR PROVISIONS OF SUCH LICENSE
OR CERTIFICATE OF LICENSE. A WRITTEN NOTICE OF SUSPENSION OR
REVOCATION, AS WELL AS ANY REQUIRED NOTICE OF HEARING, SHALL BE
SENT BY CERTIFIED MAIL TO THE LICENSEE AT THE ADDRESS CONTAINED
IN THE LICENSE OR CERTIFICATE OF LICENSE.
(2) THE REVOCATION AND SUSPENSION OF A
LICENSE OR CERTIFICATE OF LICENSE SHALL BE IN ADDITION TO ANY
OTHER PENALTIES PRESCRIBED BY THIS PART 16. NO SUSPENSION SHALL
BE FOR A PERIOD LONGER THAN SIX MONTHS. WHEN A LICENSE OR CERTIFICATE
OF LICENSE IS SUSPENDED OR REVOKED, NO PART OF THE FEES PAID FOR
A LICENSE SHALL BE RETURNED TO THE LICENSEE.
(3) ANY SUSPENSION OR REVOCATION OF A
LICENSE OR CERTIFICATE OF LICENSE MAY BE REVIEWED BY ANY COURT
OF GENERAL JURISDICTION HAVING JURISDICTION OVER THE RETAIL FOOD
ESTABLISHMENT FOR WHICH THE APPLICATION FOR LICENSE OR CERTIFICATE
OF LICENSE WAS MADE. IF SUCH COURT DETERMINES THAT SUCH SUSPENSION
OR REVOCATION WAS WITHOUT GOOD CAUSE, IT SHALL ORDER THE DEPARTMENT
TO REINSTATE SUCH LICENSE OR CERTIFICATE OF LICENSE.
2541610. Unlawful acts.
(1) IT IS UNLAWFUL FOR:
(a) ANY PERSON TO BEGIN THE CONSTRUCTION
OR EXTENSIVE REMODELING OF A RETAIL FOOD ESTABLISHMENT UNLESS
SUCH PERSON HAS RECEIVED DEPARTMENT OR LOCAL BOARD OF HEALTH APPROVAL
OF PLANS AND SPECIFICATIONS FOR SUCH CONSTRUCTION OR REMODELING
PURSUANT TO SECTION 2541605;
(b) ANY PERSON TO OPERATE A RETAIL FOOD
ESTABLISHMENT WITHOUT A VALID LICENSE OR CERTIFICATE OF LICENSE
FROM THE DEPARTMENT OR LOCAL BOARD OF HEALTH HAVING JURISDICTION
OVER SUCH ESTABLISHMENT;
(c) ANY PERSON TO VIOLATE THIS PART 16
AND ANY RULES PROMULGATED PURSUANT TO THIS PART 16;
(d) ANY PERSON OR RETAIL FOOD ESTABLISHMENT
TO REFUSE TO PERMIT ENTRY TO SUCH ESTABLISHMENT IN ACCORDANCE
WITH SECTIONS 2541604 (1) (e) AND 2541606
(2);
(e) ANY RETAIL FOOD ESTABLISHMENT TO SELL
OR SERVE FOOD PREPARED IN A PRIVATE HOME TO ANY PERSON;
(f) ANY PERSON TO FAIL TO PAY A CIVIL
PENALTY ASSESSED BY THE DEPARTMENT OR LOCAL BOARD OF HEALTH.
2541611. Violation
penalties. (1) IF THE DEPARTMENT
OR A LOCAL BOARD OF HEALTH FINDS THAT A LICENSEE OR OTHER PERSON
OPERATING A RETAIL FOOD ESTABLISHMENT WAS PROVIDED WITH WRITTEN
NOTIFICATION OF A VIOLATION OF SECTION 2541610 (1)
(a), (1) (b), (1) (d), (1) (e), OR (1) (f) AND WAS GIVEN A REASONABLE
TIME TO COMPLY BUT REMAINED IN NONCOMPLIANCE, SUCH PERSON SHALL
BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED FIFTY
DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS, ASSESSED BY THE
DEPARTMENT OR LOCAL BOARD OF HEALTH.
(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 FOLLOWUP INSPECTION.
IF, AT THE TIME OF THE FOLLOWUP 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 FOLLOWUP INSPECTION.
(b) (I) IF, AT A SECOND FOLLOWUP
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 FOLLOWUP 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 FOLLOWUP
INSPECTION.
(c) (I) IF, AT A THIRD FOLLOWUP
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 FOLLOWUP 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.
(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. WHENEVER A THIRD CIVIL PENALTY IS ASSESSED IN A CALENDAR YEAR, THE DEPARTMENT OR LOCAL BOARD OF HEALTH SHALL INITIATE PROCEEDINGS TO SUSPEND OR REVOKE THE LICENSE OF THE LICENSEE PURSUANT TO SECTION 2541609.
(4) NEITHER THE DEPARTMENT NOR A LOCAL
BOARD OF HEALTH SHALL ASSESS A CIVIL PENALTY PURSUANT TO THIS
SECTION IF A DISCIPLINARY ACTION IS PENDING AGAINST THE SAME LICENSEE
UNDER SECTION 2541609.
(5) (a) ALL PENALTIES COLLECTED BY
THE DEPARTMENT 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 2541608.
(b) PENALTIES COLLECTED BY A LOCAL BOARD
OF HEALTH SHALL BE DEPOSITED IN THE APPROPRIATE LOCAL BOARD OF
HEALTH CASH FUND IN ACCORDANCE WITH SECTION 2541608,
AND SHALL BE USED TO PAY EXPENSES RELATED TO THE INSPECTION OF
RETAIL FOOD ESTABLISHMENTS.
(6) TO OBTAIN COMPLIANCE WITH THIS PART
16, THE DEPARTMENT OR A LOCAL BOARD OF HEALTH MAY ALLOW THE OWNER
OF A RETAIL FOOD ESTABLISHMENT TO USE ANY ASSESSED PENALTY FEE
TO PAY FOR EMPLOYEE TRAINING OR THE COST OF NEEDED IMPROVEMENTS
TO SUCH ESTABLISHMENT.
(7) IN ADDITION TO THE REMEDIES PROVIDED
IN THIS PART 16 AND OTHER REMEDIES PROVIDED BY LAW, THE DEPARTMENT
OR LOCAL BOARD OF HEALTH IS AUTHORIZED TO APPLY TO THE COUNTY
OR DISTRICT COURT OF THE COUNTY OR DISTRICT WHERE A RETAIL FOOD
ESTABLISHMENT IS LOCATED FOR A TEMPORARY OR PERMANENT INJUNCTION,
AND SUCH COURT SHALL HAVE JURISDICTION TO ISSUE AN INJUNCTION
RESTRAINING ANY PERSON FROM VIOLATING SECTION 2541610.
2541612. 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 DEPARTMENT OR A LOCAL BOARD OF HEALTH PURSUANT
TO THIS PART 16, SHALL BE SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE
WITH ARTICLE 4 OF TITLE 24, C.R.S.
SECTION 20 Repeal.
Part 2 of article 44 of title 12, C.R.S., is repealed.
SECTION 30 Appropriation
adjustments in 1998 long bill. (1) For
the implementation of this act, appropriations made in the annual
general appropriation act for the fiscal year beginning July 1,
1998, shall be adjusted as follows:
(a) The appropriation made to the department
of public health and environment, consumer protection, for personal
services, is decreased by thirtyfour thousand two hundred
fourteen dollars ($34,214) and 0.8 FTE. Said sum shall be from
the general fund.
(b) The appropriation made to the department
of public health and environment, consumer protection, for personal
services, is decreased by sixtyseven thousand two hundred
fiftytwo dollars ($67,252) and 1.0 FTE. Said sum shall
be from federal funds.
(c) The appropriation made to the department
of public health and environment, consumer protection, for operating
expenses, is decreased by twentysix thousand four hundred
twentythree dollars ($26,423). Said sum shall be from the
general fund.
(d) The appropriation made to the department
of public health and environment, consumer protection, out of
moneys in the food protection cash fund not otherwise appropriated,
is increased by one hundred twentyseven thousand eight hundred
eightynine dollars ($127,889) and 1.8 FTE. Of said sum,
one hundred one thousand four hundred sixtysix dollars ($101,466)
and 1.8 FTE shall be for personal services, and twentysix
thousand four hundred twentythree dollars ($26,423) shall
be for operating expenses.
SECTION 40 Effective date applicability.
This act shall take effect July 1, 1998, and shall apply to acts
committed on or after said date.
SECTION 50 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO