C.R.S. Section 25-5-426
Wholesale food manufacturing and storage

  • definitions
  • legislative declaration
  • registration
  • fees
  • cash fund

(1)

The general assembly hereby finds, determines, and declares that the registration of wholesale food manufacturers and the regulation of premises or places wherein manufactured foods are produced, manufactured, packed, processed, prepared, treated, packaged, transported, or held for distribution in accordance with the “Colorado Food and Drug Act”, the “Shellfish Dealer Certification Act”, and the sanitary regulations administered by the department pursuant to part 1 of article 4 of this title and any rules promulgated thereunder:

(a)

Is necessary to protect the public health;

(b)

Will benefit consumers by ensuring that the sale and distribution of manufactured food is from safe sources;

(c)

Will assist retailers by ensuring that manufactured foods have not been adulterated during manufacturing, packing, processing, preparing, treating, packaging, transporting, and storage; and

(d)

Will contribute to the economic health of the state by assuring that Colorado wholesale food manufacturers are permitted to ship their product in interstate commerce.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Brew pub” has the same meaning as set forth in section 44-3-103 (5).

(b)

“Brewery” has the same meaning as set forth in section 44-3-103 (6).

(c)

“Dietary ingredient” means one or any combination of a vitamin, mineral, herb or other botanical, amino acid, and a substance such as an enzyme, organ tissue, glandular, or metabolite.

(d)

“Dietary supplement” means a product taken by mouth that contains a dietary ingredient or a new dietary ingredient intended to supplement the diet.

(e)

“Distillery” or “distiller” has the same meaning as set forth in section 44-3-103 (13).

(f)

“Grain” means a small hard fruit or seed produced by a cereal grass and the seeds of such plants as a whole.

(g)

“Grain storage facility” means any establishment, structure, or structures under one management at one general physical location that holds grain without further manufacturing or processing after harvest.

(g.3)

and (g.5) Repealed.

(h)

“Manufacturing or processing” means making food from one or more ingredients, or synthesizing, preparing, treating, modifying, or manipulating food, including food crops or ingredients. Examples include: Cutting, peeling, trimming, washing, waxing, eviscerating, rendering, cooking, baking, freezing, cooling, pasteurizing, homogenizing, mixing, formulating, bottling, milling, grinding, extracting juices, distilling, labeling, or packaging.

(i)

“New dietary ingredient” means a dietary ingredient that was not sold in the United States as a dietary supplement before October 15, 1994.

(j)

“Nonprofit facility” means a charitable entity that provides food to the public, including food banks and nonprofit food facilities. To qualify as a nonprofit facility, the entity shall be exempt from paying federal income tax under the federal internal revenue code.

(k)

“Spirituous liquors” has the same meaning as set forth in section 44-3-103 (54).

(l)

“Wholesale food manufacturer” and “storage facility” mean a facility that manufactures, produces, packs, processes, treats, packages, transports, or holds human food, including dietary supplements. These terms include, without limitation, any repacker, reshipper, shell stock shipper, and shucker-packer, as defined in section 25-4-1803 (8), (9), (12), and (13), respectively.

(m)

“Winery” has the same meaning as set forth in section 44-3-103 (61).

(3)

The department has the following powers and duties:

(a)

To grant or refuse to grant registration pursuant to subsection (4) of this section and to grant or refuse to grant the annual renewal of a registration;

(b)

To deny, suspend, or revoke a registration;

(c)

To issue a certificate of free sale; and

(d)

To review any records of a wholesale food manufacturer or storage facility necessary to verify compliance with the provisions of this section.

(4)

Intentionally left blank —Ed.

(a)

Beginning July 1, 2003, and on or before July 1 of each year thereafter, the owner of any wholesale food manufacturer or storage facility shall submit an application to the department. Each wholesale food manufacturer or storage facility shall pay an annual application fee of one hundred dollars, plus any additional registration fee specified in subsection (4)(b) of this section; except that an application fee is not required for a nonprofit facility. The application for registration is valid for one year or for the portion of the fiscal year that remains if an application is submitted after July 1 of any fiscal year. If an application is valid for only a portion of a fiscal year, an application fee reduction is not required by this section. Each application expires on June 30 of the state fiscal year in which the application is submitted.

(b)

In addition to the application fee a facility is required to pay pursuant to subsection (4)(a) of this section, the schedule for annual registration fees for wholesale food manufacturers or storage facilities is as follows:

(I)

A registration fee is not required for a nonprofit facility, grain storage facility, brewery, brew pub, winery, or a distiller of spirituous liquors.

(II)

A wholesale food manufacturer or storage facility with gross annual sales of less than one hundred fifty thousand dollars shall pay the department a registration fee of sixty dollars.

(III)

A wholesale food manufacturer or storage facility with gross annual sales of one hundred fifty thousand dollars or more shall pay the department a registration fee of three hundred dollars.

(IV)

Repealed.

(c)

Upon issuing a certificate of free sale, the department shall collect a fee of one hundred fifty dollars.

(d)

and (e) Repealed.

(5)

Fees collected by the department pursuant to subsection (4) of this section shall be transmitted to the state treasurer, who shall credit such fees to the wholesale food manufacturing and storage protection cash fund, which is hereby created in the state treasury. The general assembly shall annually appropriate the moneys in such fund to the department for the payment of expenses necessary for the administration of this section. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert to the general fund or any other fund.

(6)

and (7) Repealed.

Source: Section 25-5-426 — Wholesale food manufacturing and storage - definitions - legislative declaration - registration - fees - cash fund, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑5‑201
Legislative declaration
25‑5‑202
Definitions
25‑5‑203
Content of flour
25‑5‑204
Content of white bread or rolls
25‑5‑205
Enforcement of part 2
25‑5‑206
Penalty
25‑5‑301
Short title
25‑5‑302
Definitions
25‑5‑303
Restrictions
25‑5‑305
Disinfection
25‑5‑307
Tagging
25‑5‑309
Administered by department
25‑5‑314
Enforcement
25‑5‑316
Penalty for violation
25‑5‑317
Rules and regulations
25‑5‑401
Short title
25‑5‑402
Definitions
25‑5‑403
Offenses
25‑5‑404
Injunction
25‑5‑405
Penalties
25‑5‑406
Tagging articles misbranded or adulterated
25‑5‑407
Duties of district attorney
25‑5‑408
Discretion as to warning
25‑5‑409
Regulations
25‑5‑410
Definitions of “adulterated”
25‑5‑411
Definitions of “misbranding”
25‑5‑412
Issuance of permits
25‑5‑413
Limit of adulteration - rule or regulation
25‑5‑414
Adulterations
25‑5‑415
Misbranding
25‑5‑416
Adulteration of cosmetics
25‑5‑417
Misbranding of cosmetics
25‑5‑418
Advertisements
25‑5‑419
Packaging and labeling of consumer commodities
25‑5‑420
Enforcement
25‑5‑421
Inspections
25‑5‑422
Reports and information
25‑5‑423
Cooperation with federal agencies
25‑5‑424
Review
25‑5‑425
Application of part 4
25‑5‑426
Wholesale food manufacturing and storage - definitions - legislative declaration - registration - fees - cash fund
25‑5‑427
Classes of hemp-derived compounds and cannabinoids - definitions - registration required - prohibitions - safe harbor - rules - repeal
25‑5‑501
Short title
25‑5‑502
Definitions
25‑5‑503
Prohibited acts
25‑5‑504
Penalties
25‑5‑505
Injunction proceedings
25‑5‑506
Embargo and seizure
25‑5‑507
Duties of district attorney
25‑5‑508
Regulations
25‑5‑509
Examinations - investigations
25‑5‑510
Records of shipment
25‑5‑511
Publicity
25‑5‑512
Exception - discretion as to reporting
25‑5‑801
Definitions
25‑5‑802
Submission of plans and specifications
25‑5‑803
Sanitation of swimming areas
25‑5‑804
Safety standards for swimming areas
25‑5‑805
Connection with potable water
25‑5‑806
Inspection
25‑5‑807
Injunctive relief
25‑5‑808
Municipalities may regulate
25‑5‑809
Applicability of part 8
25‑5‑810
Rules and regulations
25‑5‑1001
Short title
25‑5‑1002
Legislative declaration
25‑5‑1003
Definitions
25‑5‑1004
Registration required - fee - artificial tanning device education fund - creation
25‑5‑1005
Exemptions
25‑5‑1006
Rule-making authority - board
25‑5‑1007
Owner responsibilities
25‑5‑1008
Complaints - investigation
25‑5‑1009
Penalties
25‑5‑1010
Enforcement
25‑5‑1011
Assumption of risk inapplicable
25‑5‑1101
Legislative declaration
25‑5‑1102
Definitions
25‑5‑1103
Lead hazard reduction program
25‑5‑1104
Comprehensive plan
25‑5‑1106
Acceptance of gifts, grants, and donations - lead hazard reduction cash fund
25‑5‑1201
Preemption
25‑5‑1202
Definitions
25‑5‑1203
Personal care products containing microbeads - production, manufacture, and sale prohibited
25‑5‑1204
Penalty for violation
25‑5‑1301
Short title
25‑5‑1302
Definitions
25‑5‑1303
Restriction on sale of certain firefighting foams - exemptions
25‑5‑1303.5
Restriction on use of certain firefighting foams - rules
25‑5‑1304
Notification requirement
25‑5‑1305
Notice of chemicals in personal protective equipment
25‑5‑1306
Certificate of compliance
25‑5‑1307
Civil penalty
25‑5‑1308
Survey
25‑5‑1309
Restriction on the use of certain firefighting foam at certain airports - definitions
25‑5‑1310
Perfluoroalkyl and polyfluoroalkyl substances grant program
25‑5‑1311
Perfluoroalkyl and polyfluoroalkyl substances take-back program
25‑5‑1312
Reporting requirement
25‑5‑1401
Short title
25‑5‑1402
Legislative declaration
25‑5‑1403
Definitions
25‑5‑1404
Scope and applicability
25‑5‑1405
Prohibited lamps
25‑5‑1406
Enforcement - verifications of compliance - civil action by attorney general - penalties
Green check means up to date. Up to date

Current through Fall 2024

§ 25-5-426’s source at colorado​.gov