2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 16 - FOOD PROTECTION ACT (§§ 25-4-1601 — 25-4-1617) › Section 25-4-1611.5 - Violations - penalties - review

(1)
If the department or a county or district public health agency finds that a licensee or other person operating a retail food establishment was provided with written notification of a violation of section
25-4-1610 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f)
and was given a reasonable time to comply but remained in noncompliance, the person is 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 county or district public health agency.
(2)
(a)
(I)
Upon a finding by the department or a county or district public health agency that an establishment is in violation of section
25-4-1610 (1)(c)
, and that the violations are sufficient to require the department or county or district public health agency to conduct a reinspection, the department or county or district public health agency shall provide the establishment with a reasonable time to comply and conduct a reinspection.
(II)
For the purposes of this subsection (2)(a), the determination of whether a violation of section
25-4-1610 (1)(c)
is sufficient to require reinspection under this section shall be done in a manner consistent with the uniform system to communicate inspection results to the public developed in accordance with section
25-4-1607.7
.
(b)
If, at the time of the first reinspection, the establishment is in violation of section
25-4-1610 (1)(c)
and the violations are sufficient to require reinspection, the department or county or district public health agency shall conduct a second reinspection after providing the establishment a reasonable time to comply.
(c)
If, at the time of the second reinspection, the establishment remains in violation of section
25-4-1610 (1)(c)
and the violations are sufficient to require reinspection, the department or county or district public health agency shall conduct a third reinspection after providing the establishment a reasonable time to comply.
(d)
If, at a third reinspection, the establishment remains in violation of section
25-4-1610 (1)(c)
, the department or county or district public health agency may assess a civil penalty, not to exceed one thousand dollars, and may suspend the license of the licensee pursuant to this section.
(e)
If an establishment is found to be in violation of section
25-4-1610 (1)(c)
during four out of five inspections during a twelve-month period and the violations are sufficient to require reinspection, the department or county or district public health agency may assess a civil penalty, not to exceed one thousand dollars, and may suspend the license of the licensee pursuant to this section.
(3)
A maximum of three civil penalties may be assessed against a licensee or other person operating an establishment in any twelve-month period. Whenever a third civil penalty is assessed in a twelve-month period, the department or county or district public health agency may initiate proceedings to suspend or revoke the license of the licensee pursuant to this section.
(4)
Neither the department nor county or district public health agency shall assess a civil penalty pursuant to this section if a disciplinary action is pending against the same licensee under this section.
(5)
(a)
All penalties collected by the department pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the food protection cash fund created in section
25-4-1608
.
(b)
Penalties collected by a county or district public health agency shall be deposited in the appropriate county or district public health agency fund in accordance with section
25-4-1608
.
(6)
To obtain compliance with this part 16, the department or county or district public health agency may allow the owner of an establishment to use any assessed penalty fee to pay for unpaid license fees, employee training, or the cost of needed improvements to the establishment.
(7)
In addition to the remedies provided in this part 16 and other remedies provided by law, the department or county or district public health agency is authorized to apply to the county or district court with jurisdiction for the county where an 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
25-4-1610
.
(8)
The department or county or district public health agency may issue a cease-and-desist administrative order if a person or licensee has been issued a civil penalty in accordance with subsection (2) of this section and remains in noncompliance.
(9)
(a)
The department or county or district public health agency may 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 the license or certificate of license in accordance with section
24-4-104
.
(b)
Except as provided in subsection (9)(c) of this section, the suspension of a license or certificate of license may not exceed three days and may commence only:
(I)
After all reinspections required by subsection (2) of this section have been completed;
(II)
If the licensee remains in violation; and
(III)
After the licensee has been provided written notification of the grievance process available pursuant to section
25-4-1609.5
.
(c)
In cases of imminent health hazard, the suspension of a license or certificate of license may commence immediately.
(d)
When a license or certificate of license is suspended under this subsection (9), no part of the fees paid for a license may be returned to the licensee.
(10)
An establishment that has been issued a cease-and-desist order or had its license suspended or revoked in accordance with subsection (8) or (9) of this section, as applicable, may not reinitiate operations without the prior approval of the department or county or district public health agency.
Added by 2019 Ch. 11, § 9, eff. 1/1/2020.
L. 2019: Entire section added, (HB 19 -1014), ch. 46, p. 46, § 9, effective 1/1/2020.
Section 10 of chapter 11 (HB 19-1014), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after January 1, 2020.