C.R.S. Section 25-4-1607
Fees


(1)

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)

A retail food establishment preparing or serving food in individual portions for immediate on- or off-premises consumption shall be assessed an annual fee based on the following schedule:
Seating Capacity
Fee
0 to 100$
385
101 to 200
430
Over 200
465

(a.5)

A retail food establishment limited to preparing or serving food that does not require time or temperature control for safety, providing self-service beverages, offering prepackaged commercially prepared food and beverages requiring time or temperature control, or only reheating commercially prepared foods that require time or temperature control for safety for retail sale to consumers shall be assessed an annual fee of two hundred seventy dollars.

(b)

A retail food establishment only offering prepackaged commercially prepared food and beverages, including those that are required to be held at refrigerated or frozen time or temperature control for safety for retail sale to consumers for off-premises consumption, shall be assessed an annual fee based on the following schedule:
Square Footage
Fee
Less than 15,001$
195
Over 15,000
353

(c)

A retail food establishment offering food for retail sale to consumers for off-premises consumption and preparing or serving food in individual portions for immediate consumption either on- or off-premises shall be assessed an annual fee based on the following schedule:
Square Footage
Fee
Less than 15,001$
375
Over 15,000
715

(c.5)

A retail food establishment offering food at a temporary living quarter for workers associated with oil and gas shall be assessed an annual fee of eight hundred fifty-five dollars.

(d)

A retail food establishment is subject to only one of the fees established in this subsection (1); except that effective September 1, 2016, the license fees established for retail food establishments at a special event, as defined in section 25-4-1602 (16), must be established by the county or district public health agency.

(d.5)

The fees established in this subsection (1) are effective September 1, 2018, for any new retail food establishment that was not licensed and in operation prior to that date.

(e)

Intentionally left blank —Ed.

(I)

Retail food establishment license fees shall be established pursuant to this subsection (1); except that:

(A)

The city and county of Denver may establish such fees by ordinance; and

(B)

A county or district board of health may establish fees that are lower than the fees listed in subsection (1.5) of this section if the county or district board of health is in compliance with this part 16;

(II)

Notwithstanding subparagraph (I) of this paragraph (e), the fees established in this subsection (1) or by ordinance of the city and county of Denver shall be the only annual license fees charged by the state or any county, district, local, or regional inspection authority and shall cover all inspections of a retail food establishment pursuant to this subsection (1) throughout an annual license period.

(1.5)

Intentionally left blank —Ed.

(a)

Except as provided in subparagraph (VI) of this paragraph (a) and subsection (14) of this section, effective January 1, 2018, to December 31, 2018, each retail food establishment in this state shall be assessed an annual license fee as follows:

(I)

A retail food establishment preparing or serving food in individual portions for immediate on- or off-premises consumption shall be assessed an annual fee based on the following schedule:
Seating Capacity
Fee
0 to 100$ 360
101 to 200
400
Over 200
435

(II)

A retail food establishment preparing or serving food that does not require time or temperature control for safety, providing self-service beverages, offering prepackaged commercially prepared food and beverages requiring time or temperature control or only reheating commercially prepared foods that require time or temperature control for safety for retail sale to consumers shall be assessed an annual fee of two hundred fifty-three dollars.

(III)

A retail food establishment only offering prepackaged commercially prepared food and beverages, including those that are required to be held at refrigerated or frozen time or temperature control for safety for retail sale to consumers for off-premises consumption, shall be assessed an annual fee based on the following schedule:
Square Footage
Fee
Less than 15,001$
183
Over 15,000
330

(IV)

A retail food establishment offering food for retail sale to consumers for off-premises consumption and preparing or serving food in individual portions for immediate consumption either on- or off-premises shall be assessed an annual fee based on the following schedule:
Square Footage
Fee
Less than 15,001$
350
Over 15,000
665

(V)

A retail food establishment offering food at a temporary living quarter for workers associated with oil and gas shall be assessed an annual fee of eight hundred dollars.

(VI)

The fees established in this subsection (1.5) are effective September 1, 2017, for any new retail food establishment that was not licensed and in operation prior to that date.

(b)

Effective January 1, 2017, to December 31, 2017, each retail food establishment in this state shall be assessed an annual license fee as follows:

(I)

A retail food establishment preparing or serving food in individual portions for immediate on- or off-premises consumption shall be assessed an annual fee based on the following schedule:
Seating Capacity
Fee
0 to 100$
330
101 to 200
370
Over 200
405

(II)

A retail food establishment limited to preparing or serving food that does not require time or temperature control for safety, providing self-service beverages, offering prepackaged commercially prepared food and beverages requiring time or temperature control or only reheating commercially prepared foods that require time or temperature control for safety for retail sale to consumers shall be assessed an annual fee of two hundred thirty-five dollars.

(III)

A retail food establishment only offering prepackaged commercially prepared food and beverages, including those that are required to be held at refrigerated or frozen time or temperature control for safety for retail sale to consumers for off-premises consumption, shall be assessed an annual fee based on the following schedule:
Square Footage
Fee
Less than 15,001$
170
Over 15,000
305

(IV)

A retail food establishment offering food for retail sale to consumers for off-premises consumption and preparing or serving food in individual portions for immediate consumption either on- or off-premises shall be assessed an annual fee based on the following schedule:
Square Footage
Fee
Less than 15,001$
325
Over 15,000
620

(V)

A retail food establishment offering food at a temporary living quarter for workers associated with oil and gas shall be assessed an annual fee of seven hundred forty dollars.

(VI)

Repealed.

(c)

A retail food establishment is subject to only one of the fees established in this subsection (1.5) per year.

(d)

Retail food establishment license fees shall be established pursuant to this subsection (1.5); except that:

(I)

The city and county of Denver may establish such fees by ordinance; and

(II)

A county or district board of health may establish fees that are lower than the fees listed in this subsection (1.5) if the county or district board of health is in compliance with this part 16.

(2)

At the time a plan is submitted for review, an application fee of one hundred dollars shall be paid to the department or a county or district 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 five 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 review is submitted, an application fee of one hundred dollars shall be paid to the department. The fee for equipment review by the department to determine compliance with applicable standards shall be the actual cost of such review, which shall not exceed five hundred dollars. Such costs shall be payable when the review is completed.

(4)

The fee for an HACCP plan review of a specific written process shall be the actual cost of such review, which shall not exceed one hundred dollars. The review of an HACCP plan for a process already conducted at a facility shall be the actual cost of such review, which shall not exceed four 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 county or district board of health review of a potential retail food establishment site shall be seventy-five dollars or the actual cost of such review, whichever is greater. Seventy-five 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 a county or district board of health, whichever provided the service.

(9)

Intentionally left blank —Ed.

(a)

A certificate of license may be issued to and in the name and address of any:

(I)

Public or nonpublic school for students in kindergarten through twelfth grade or any portion thereof;

(II)

Penal institution;

(III)

Nonprofit organization that provides food solely to people who are food insecure, including, but not limited to, a soup kitchen, food pantry, or home delivery service; and

(IV)

Local government entity or nonprofit organization that donates, prepares, or sells food at a special event, including, but not limited to, a school sporting event, firefighters’ picnic, or church supper, that takes place in the county in which the local government entity or nonprofit 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)

Intentionally left blank —Ed.

(a)

County or district boards of health created in part 5 of article 1 of this title 25 shall collect fees under this section if the county or district boards of health are authorized by the department to enforce this part 16 and any rules promulgated pursuant to this part 16.

(b)

Repealed.
(11)(Deleted by amendment, L. 2009, (SB 09-223), ch. 255, p. 1155, § 7, effective May 15, 2009.)(12) Notwithstanding the amount specified for any fee in this section, the state board of health by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state board of health by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(13)

Legislative declaration - disposition of fee revenue.

(a)

The general assembly does not intend for the fees paid by retail food establishments as outlined in subsections (1) and (1.5) of this section to subsidize inspection or other costs associated with entities exempt from fees under paragraph (a) of subsection (9) of this section.

(b)

Counties may only spend the increased revenue from the increase of retail food establishment fees on retail food health-related activities. Prior to January 1, 2019, supplanting funds for other county programs is prohibited.

(14)

Intentionally left blank —Ed.

(a)

The fee increase in subsection (1.5) of this section does not take effect until the department and all local public health agencies contracted by the department to perform inspections and enforce regulations regarding retail food establishments prove compliance with section 25-4-1607.7 (2). If the department and all local public health agencies are not in compliance on January 1, 2018, the increase does not take effect until January 1 in the year following proven compliance.

(b)

The fee increase in subsection (1) of this section does not take effect until the department proves compliance with section 25-4-1607.9 (1). If the department is not in compliance on January 1 following the fee increase specified in subsection (1.5) of this section, the increase in subsection (1) does not take effect until January 1 in the year following proven compliance.

(c)

The executive director of the department shall notify the revisor of statutes, in writing, when the conditions specified in paragraphs (a) and (b) of this subsection (14) have been satisfied.

Source: Section 25-4-1607 — Fees, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑4‑101
Premises sanitation - food defined
25‑4‑102
Sanitary regulations
25‑4‑103
Construction requirements
25‑4‑104
Protection from dirt
25‑4‑105
Toilet rooms and lavatories
25‑4‑106
Nuisances - petty offense
25‑4‑107
Rooms not used for sleeping
25‑4‑108
Work by persons with contagious diseases - forbidden
25‑4‑109
Enforcement
25‑4‑110
Prosecutions - disposition of fines
25‑4‑111
Penalty
25‑4‑112
Rules
25‑4‑201
Pregnant woman to take blood test
25‑4‑203
Birth certificate - blood test
25‑4‑204
Penalty
25‑4‑205
District attorneys to prosecute
25‑4‑301
Inflammation of eyes
25‑4‑401
Legislative declaration
25‑4‑402
Definitions
25‑4‑403
Eligibility - nondiscrimination
25‑4‑404
Rules
25‑4‑405
Reporting requirements - immunity
25‑4‑406
Reports - confidentiality
25‑4‑407
Reporting requirements - research exemption
25‑4‑408
Infection control - duties
25‑4‑409
Minors - treatment - consent
25‑4‑410
Patient consent - rights of patients, victims, and pregnant women
25‑4‑411
Confidential counseling and testing sites - legislative declaration
25‑4‑412
Public safety - public health procedures - orders for compliance - petitions - hearings
25‑4‑413
Emergency public health procedures - injunctions
25‑4‑414
Penalties
25‑4‑500.3
Definitions
25‑4‑501
Tuberculosis declared to be an infectious and communicable disease
25‑4‑502
Tuberculosis to be reported
25‑4‑506
Investigation and examination of suspected or known tuberculosis cases
25‑4‑507
Isolation order - enforcement - court review
25‑4‑508
Inspection of records
25‑4‑509
Violations - penalty
25‑4‑510
Jurisdiction
25‑4‑511
Duties of board of health and department - confidentiality of records - rules
25‑4‑512
Nondiscrimination in the provision of general services
25‑4‑513
Funding
25‑4‑601
Definitions
25‑4‑602
Notice to health department or officer if animal affected or suspected of being affected by rabies
25‑4‑603
Report of person bitten by animal to health department or health officer
25‑4‑604
Animal attacking or biting person to be confined - examination
25‑4‑605
Animals bitten by animals known or suspected of having rabies to be confined
25‑4‑606
Animals to be confined to prevent spread of rabies
25‑4‑607
Order of board of health requiring inoculation of animals - veterinarian waiver of order
25‑4‑608
Notice of order requiring inoculation of animals
25‑4‑609
Effect of order requiring inoculation of animals
25‑4‑610
Uninoculated animals not to run at large - impounding and disposition of animals
25‑4‑611
Report to state department
25‑4‑612
Enforcement of part 6
25‑4‑613
Liability for accident or subsequent disease from inoculation
25‑4‑614
Penalties
25‑4‑615
Further municipal restrictions not prohibited
25‑4‑701
Definitions
25‑4‑702
Board to establish rules - department to administer
25‑4‑709
Quarantine
25‑4‑710
Right of entry - inspections
25‑4‑712
Unlawful acts
25‑4‑713
Penalty for violations
25‑4‑901
Definitions
25‑4‑902
Immunization prior to attending school - standardized immunization information
25‑4‑902.5
Immunization prior to attending a college or university - tuberculosis screening process development
25‑4‑903
Exemptions from immunization - rules
25‑4‑904
Rules - immunization rules - rule-making authority of state board of health
25‑4‑904.5
Annual alignment evaluation
25‑4‑905
Immunization of indigent children
25‑4‑906
Certificate of immunization - forms
25‑4‑907
Noncompliance
25‑4‑908
When exemption from immunization not recognized
25‑4‑909
Vaccine-related injury or death - limitations on liability
25‑4‑910
Immunization data collection
25‑4‑911
Vaccinated children standard - legislative declaration
25‑4‑912
Confidentiality
25‑4‑1001
Short title
25‑4‑1002
Legislative declaration
25‑4‑1002.5
Definitions
25‑4‑1003
Powers and duties of executive director - newborn screening programs - genetic counseling and education programs - rules
25‑4‑1004
Newborn screening - rules
25‑4‑1004.3
Newborn heart defect screening - pulse oximetry - rules - definition
25‑4‑1004.5
Follow-up testing and treatment - second screening - fee - rules
25‑4‑1004.7
Newborn hearing screening - advisory committee - report - rules
25‑4‑1005
Exceptions
25‑4‑1006
Cash funds
25‑4‑1201
Powers and duties of executive director
25‑4‑1202
Streptococcus cash fund
25‑4‑1301
Legislative declaration
25‑4‑1302
Definitions
25‑4‑1303
Labeling - product modules - take-home containers
25‑4‑1304
Bulk food protection
25‑4‑1305
Bulk food display
25‑4‑1306
Dispensing utensils
25‑4‑1307
Materials
25‑4‑1308
Food-contact surfaces
25‑4‑1309
Non-food-contact surfaces
25‑4‑1310
Accessibility
25‑4‑1311
Equipment sanitization
25‑4‑1312
Violation - penalty
25‑4‑1313
Rules and regulations
25‑4‑1314
Limitation
25‑4‑1401
Drug assistance program - program fund - HIV medications rebate fund - created - legislative declaration - no entitlement created
25‑4‑1402
Definitions
25‑4‑1403
Colorado HIV and AIDS prevention grant program
25‑4‑1404
Grant program - rules - conflict of interest
25‑4‑1405
AIDS and HIV prevention fund - administration - limitation
25‑4‑1501
Legislative declaration
25‑4‑1502
Definitions
25‑4‑1503
Fund created
25‑4‑1504
Allocation of fund
25‑4‑1505
Powers and duties of department and advisory board
25‑4‑1601
Legislative declaration
25‑4‑1602
Definitions
25‑4‑1603
Licensing, certification, and food protection agency
25‑4‑1604
Powers and duties of department - rules
25‑4‑1605
Submission of plans for approval - required
25‑4‑1606
Licensure - exception
25‑4‑1607
Fees
25‑4‑1607.5
Retail food establishment regulation - fees - investigations - stakeholder process
25‑4‑1607.7
Health inspection results - development of a uniform system - communication to the public
25‑4‑1607.9
Department targets - audits - reporting
25‑4‑1608
Food protection cash fund - creation
25‑4‑1609.5
Grievance process
25‑4‑1610
Unlawful acts
25‑4‑1611.5
Violations - penalties - review
25‑4‑1612
Judicial review
25‑4‑1614
Home kitchens - exemption - food inspection - short title - definitions - rules
25‑4‑1615
Pet dogs in retail food establishments - prohibited - exceptions
25‑4‑1616
Food donations to nonprofit organizations encouraged
25‑4‑1617
Animal shares and meat sales by farmers and ranchers - short title - definitions
25‑4‑1701
Short title
25‑4‑1702
Legislative declaration
25‑4‑1703
Definitions
25‑4‑1704
Infant immunization program - delegation of authority to immunize minor
25‑4‑1705
Department of public health and environment - powers and duties - rules
25‑4‑1706
Infant immunization program - eligibility
25‑4‑1707
Moneys targeted for medical assistance for infants - reimbursement
25‑4‑1708
Fund created
25‑4‑1709
Limitations on liability
25‑4‑1801
Short title
25‑4‑1802
Legislative declaration
25‑4‑1803
Definitions
25‑4‑1804
Department designated as certifying and inspecting agency
25‑4‑1805
Powers and duties of department - rules
25‑4‑1806
Shellfish dealers - certificate required - application - fees
25‑4‑1807
Record-keeping requirements
25‑4‑1808
Unlawful acts
25‑4‑1809
Inspections - investigations - access - subpoena
25‑4‑1810
Enforcement
25‑4‑1811
Disciplinary actions - denial of certification
25‑4‑1812
Civil penalties
25‑4‑1813
Criminal penalties
25‑4‑1901
Short title
25‑4‑1902
Definitions
25‑4‑1903
Gulf war syndrome registry - creation - reporting
25‑4‑1905
Confidentiality of information collected
25‑4‑1906
Gulf war syndrome registry fund
25‑4‑2001
Short title
25‑4‑2002
Legislative declaration
25‑4‑2003
Definitions
25‑4‑2004
Powers and duties of executive director - hepatitis C program
25‑4‑2005
Hepatitis C testing - recommendations - definitions
25‑4‑2101
Powers and duties of department - rules
25‑4‑2102
Penalties for violations
25‑4‑2103
Parental consent for minors
25‑4‑2201
Legislative declaration
25‑4‑2202
Definitions
25‑4‑2203
Health disparities and community grant program - rules
25‑4‑2204
Office of health equity - creation
25‑4‑2205
Powers and duties of the office of health equity - rules - working group
25‑4‑2206
Health equity commission - creation - repeal
25‑4‑2208
Necessary document program - report - definition
25‑4‑2209
Culturally relevant and affirming health-care training - health-care providers - grants - definitions
25‑4‑2301
Colorado immunization fund - supplemental tobacco litigation settlement moneys account - creation
25‑4‑2401
Short title
25‑4‑2402
Legislative declaration
25‑4‑2403
Department of public health and environment - powers and duties - immunization tracking system - rules - definitions
25‑4‑2404
Vaccines - access to the public - definitions
25‑4‑2501
Short title
25‑4‑2502
Definitions
25‑4‑2503
Cervical cancer immunization program - rules
25‑4‑2504
Public awareness campaign - fund
Green check means up to date. Up to date

Current through Fall 2024

§ 25-4-1607’s source at colorado​.gov