2022 Colorado Code
Title 25 - Public Health and Environment
Article 4 - Disease Control
Part 16 - Food Protection Act
§ 25-4-1607. Fees - Repeal

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:
   1. 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

   2. 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.
   3. 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

   4. 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

   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.
   6. 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.
   7. 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.
   8. 1. Retail food establishment license fees shall be established pursuant to this subsection (1); except that:
         1. The city and county of Denver may establish such fees by ordinance; and
         2. 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;

      2. 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. (1.5) (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:
      1. 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

      2. 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.
      3. 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

      4. 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

      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 dollars.
      6. 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.

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

      2. 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.
      3. 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

      4. 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

      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 seven hundred forty dollars.
      6. Repealed.

   3. A retail food establishment is subject to only one of the fees established in this subsection (1.5) per year.
   4. Retail food establishment license fees shall be established pursuant to this subsection (1.5); except that:
      1. The city and county of Denver may establish such fees by ordinance; and
      2. 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.
      3. 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
      4. 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.

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. 1. 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;

   2. 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. 1. 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.
    2. 1. Notwithstanding subsection (10)(a) of this section, starting January 1, 2020, through December 31, 2021, county or district boards of health and the city and county of Denver may contract with the department to receive money from the state in lieu of charging establishments an annual licensing fee.
       2. This subsection (10)(b) is repealed, effective December 31, 2022.

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.
    1. 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.
    2. 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. 1. 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.
    2. 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.
    3. 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: L. 98: (12) added, p. 1334, § 46, effective June 1; entire part R&RE, p. 1250, § 1, effective July 1. L. 2003: (1)(a), (1)(b), and (1)(c) amended, p. 2050, § 1, effective July 1. L. 2009: (1)(a), (1)(b), (1)(c), (1)(e)(II), (2) to (5), (8), (10), and (11) amended and (1)(c.5) added, (SB 09-223), ch. 255, p. 1155, § 7, effective May 15. L. 2016: (1) and (9)(a) amended and (1.5), (13), and (14) added, (HB 16-1401), ch. 367, p. 1543, § 2, effective August 10; IP(1), IP(1.5)(a), (1.5)(a)(VI), IP(1.5)(b), and (1.5)(b)(VI) amended, (SB 16-189), ch. 210, p. 798, § 125, effective August 10. L. 2017: IP(1.5)(b) amended, (SB 17-294), ch. 264, p. 1408, § 86, effective May 25; IP(1), (1)(e)(I), (1.5)(d), and (13)(b) amended, (SB 17-244), ch. 344, p. 1815, § 1, effective August 9. L. 2020, 1st Ex. Sess.: (10) amended, (SB 20B-001), ch. 2, p. 15, § 6, effective December 7.

1. This section is similar to former § 25-4-1607 as it existed prior to 1998.
2. Subsection (12) was enacted as subsection (3) in SB 98-194 and was renumbered in the 1998 Colorado Revised Statutes for ease of location in the section as repealed and reenacted by SB 98-189.
3. Subsection (14), as enacted by HB 16-1401, provides that the fee increases in subsections (1) and (1.5), as amended in and enacted by HB 16-1401, do not take effect until certain conditions are met and that the executive director of the department of public health and environment shall notify the revisor of statutes in writing when those conditions have been satisfied. The revisor of statutes received the notice specified in subsection (14)(c) on January 29, 2019.
4. Subsection (1.5)(b)(VI) provided for the repeal of subsection (1.5)(b)(VI), effective January 1, 2017. (See L. 2016, p. 1543 .)

Cross references: For the legislative declaration in SB 20B-001, see section 1 of chapter 2, Session Laws of Colorado 2020, First Extraordinary Session.