Senate Bill 25-285 Preamended

A Bill for an Act

• Page 1, Line 101Concerning updating the fee schedule for the fees paid by

• Page 1, Line 102retail food establishments.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill updates the ongoing schedule of annual fees imposed on retail food establishments, which fees are imposed to cover the cost of required health and safety inspections under current law.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 1, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 1SECTION 1.  In Colorado Revised Statutes, 25-4-1602, add (1.5), (5.5), (5.7), (9.5), (10.5), and (13.5) as follows:

• Page 2, Line 225-4-1602.  Definitions. As used in this part 16, unless the context otherwise requires:

• Page 2, Line 3(1.5)  "Caterer" means a retail food establishment that:

• Page 2, Line 4(a)  Only provides food or beverages prepared in bulk at

• Page 2, Line 5one location for service in individual portions or buffets that

• Page 2, Line 6are not available for individual purchase at another location; or

• Page 2, Line 7(b)  Provides food or beverage preparation or service on

• Page 2, Line 8public or private premises not under the ownership or control of the caterer.

• Page 2, Line 9(5.5)  "Grocery store" means a retail food establishment

• Page 2, Line 10that only offers prepackaged, commercially prepared food and

• Page 2, Line 11beverages, including those that are required to be refrigerated

• Page 2, Line 12or frozen and are time or temperature controlled for safety for retail sale to consumers, for off-premises consumption.

• Page 2, Line 13(5.7)  "Grocery store with deli" means a retail food establishment that:

• Page 2, Line 14(a)  Offers prepackaged, commercially prepared food for off-premises consumption; and

• Page 2, Line 15(b)  Prepares or serves food in individual portions for immediate on-premises or off-premises consumption.

• Page 2, Line 16(9.5)  "Limited food service establishment" means a retail food establishment that offers limited service, including:

• Page 2, Line 17(a)  Preparing or serving food that does not require time

• Page 2, Line 18or temperature control for safety;

• (b)  Providing self-service beverages;

• Page 3, Line 1(c)  Offering prepackaged, commercially prepared food

• Page 3, Line 2and beverages that require time or temperature control for safety; or

• Page 3, Line 3(d)  Reheating commercially prepared foods that require time or temperature control for safety.

• Page 3, Line 4(10.5)  "Mobile food establishment" means a retail food establishment that:

• Page 3, Line 5(a)  Is operated from a movable, motor-driven or propelled vehicle, portable structure, or watercraft;

• Page 3, Line 6(b)  Can change location; and

• Page 3, Line 7(c)  Is intended to physically report to and operate from a commissary for servicing, restocking, and maintenance.

• Page 3, Line 8(13.5)  "Restaurant" means a retail food establishment

• Page 3, Line 9that prepares and serves food in individual portions or buffets for immediate on-premises or off-premises consumption.

• Page 3, Line 10SECTION 2.  In Colorado Revised Statutes, 25-4-1607, amend

• Page 3, Line 11(1) introductory portion, (1)(e)(I)(B), (2), (3), (4), (5), and (13); repeal (1.5) and (14); and add (1)(f) and (1.1) as follows:

• Page 3, Line 1225-4-1607.  Fees - repeal. (1)  Except as provided in subsections

• Page 3, Line 13(1)(d.5) and (14) of this section, effective January 1 of the year following

• Page 3, Line 14the increases specified in subsection (1.5)(a) of this section Beginning

• Page 3, Line 15January 1, 2019, and ending December 31, 2025, each retail food

• Page 3, Line 16establishment in this state shall be assessed an annual license fee as follows:

• Page 3, Line 17(e) (I)  Retail food establishment license fees shall be established

• Page 3, Line 18pursuant to this subsection (1); except that:

• Page 4, Line 1(B)  A county or district board of health may establish fees that are

• Page 4, Line 2lower than the fees listed in subsection (1.5) of this section this

• Page 4, Line 3subsection (1) if the county or district board of health is in compliance with this part 16;

• Page 4, Line 4(f)  This subsection (1) is repealed, effective January 1, 2026.

• Page 4, Line 5(1.1) (a)  For calendar years 2026, 2027, and 2028 and for

• Page 4, Line 6each subsequent calendar year thereafter, each retail food

• Page 4, Line 7establishment in this state must be assessed an annual license fee as follows:

• Page 4, Line 8(I)  A restaurant or caterer shall be assessed the

• Page 4, Line 9applicable annual fee on or after the dates listed in the following schedule:

• Page 4, Line 10Seating Capacity1/1/20261/1/20271/1/2028

• 0 to 100$ 481$ 567$ 682

• Page 4, Line 11101 to 200$ 538$ 634$ 763

• Over 200$ 581$ 687$ 826

• Page 4, Line 12(II)  A limited food service establishment shall be assessed

• Page 4, Line 13the applicable annual fee on or after the dates listed in the following schedule:

• Page 4, Line 141/1/20261/1/20271/1/2028

• $ 338$ 394$ 475

• Page 4, Line 15(III)  A grocery store shall be assessed the applicable

• Page 4, Line 16annual fee on or after the dates listed in the following schedule:

• Page 4, Line 17Square Footage1/1/20261/1/20271/1/2028

• Page 4, Line 18Less than 15,001$ 244$ 282$ 340

• Over 15,000$ 441$ 519$ 624

• Page 5, Line 1(IV)  A grocery store with deli shall be assessed the

• Page 5, Line 2applicable annual fee on or after the dates listed in the following schedule:

• Page 5, Line 3Square Footage1/1/20261/1/20271/1/2028

• Less than 15,001$ 469$ 552$ 664

• Page 5, Line 4Over 15,000$ 894$ 1,062$ 1,276

• Page 5, Line 5(V)  A retail food establishment offering food at a

• Page 5, Line 6temporary living quarter for workers associated with oil and

• Page 5, Line 7gas operations shall be assessed the applicable annual fee on or after the dates listed in the following schedule:

• Page 5, Line 81/1/20261/1/20271/1/2028

• $ 1,063$ 1,264$ 1,519

• Page 5, Line 9(VI)  A mobile food establishment shall be assessed the

• Page 5, Line 10applicable annual fee on or after the dates listed in the following schedule:

• Page 5, Line 11Mobile Type1/1/20261/1/20271/1/2028

• Full Service$ 481$ 567$ 682

• Page 5, Line 12Prepackaged Food$ 338 $ 394$ 475

• Page 5, Line 13(VII)  The fee amounts listed for calendar year 2028 in this

• Page 5, Line 14subsection (1.1)(a) apply to calendar year 2029 and to each

• Page 5, Line 15subsequent calendar year thereafter until a new fee schedule is established.

• Page 5, Line 16(b) (I)  A retail food establishment is subject to only one of the fees set forth in subsection (1.1)(a) of this section.

• Page 5, Line 17(II)  A county or district public health agency shall

• Page 5, Line 18establish the license fees for a retail food establishment at a special event.

• Page 6, Line 1(c) (I)  The 2026 fee amounts set forth in subsection (1.1)(a)

• Page 6, Line 2of this section apply to, and shall be assessed for, a retail food

• Page 6, Line 3establishment that commences operations or is newly licensed on or after September 1, 2025.

• Page 6, Line 4(II)  This subsection (1.1)(c) is repealed, effective January 1, 2026.

• Page 6, Line 5(d) (I)  Retail food establishment license fees shall be imposed pursuant to this subsection (1.1); except that:

• Page 6, Line 6(A)  The city and county of Denver may establish fees by ordinance; and

• Page 6, Line 7(B)  A county or district board of health may establish

• Page 6, Line 8fees that are lower than the fees listed in subsection (1.1)(a) of

• Page 6, Line 9this section if the county or district board of health is in compliance with this part 16.

• Page 6, Line 10(II)  Except as provided in subsection (1.1)(d)(I) of this

• Page 6, Line 11section, the fees set forth in subsection (1.1)(a) of this section or by ordinance of the city and county of Denver must:

• Page 6, Line 12(A)  Be the only annual license fees charged by the state

• Page 6, Line 13or by a county, district, local, or regional inspection authority; and

• Page 6, Line 14(B)  Cover all inspections required for a retail food establishment throughout an annual license period.

• Page 6, Line 15(1.5) (a)  Except as provided in subparagraph (VI) of this

• Page 6, Line 16paragraph (a) and subsection (14) of this section, effective January 1,

• Page 6, Line 172018, to December 31, 2018, each retail food establishment in this state

• Page 6, Line 18shall be assessed an annual license fee as follows:

• Page 7, Line 1(I)  A retail food establishment preparing or serving food in

• Page 7, Line 2individual portions for immediate on- or off-premises consumption shall be assessed an annual fee based on the following schedule:

• Page 7, Line 3Seating Capacity Fee

• 0 to 100 $ 360

• Page 7, Line 4101 to 200 400

• Over 200 435

• Page 7, Line 5(II)  A retail food establishment preparing or serving food that

• Page 7, Line 6does not require time or temperature control for safety, providing

• Page 7, Line 7self-service beverages, offering prepackaged commercially prepared food

• Page 7, Line 8and beverages requiring time or temperature control or only reheating

• Page 7, Line 9commercially prepared foods that require time or temperature control for

• Page 7, Line 10safety for retail sale to consumers shall be assessed an annual fee of two hundred fifty-three dollars.

• Page 7, Line 11(III)  A retail food establishment only offering prepackaged

• Page 7, Line 12commercially prepared food and beverages, including those that are

• Page 7, Line 13required to be held at refrigerated or frozen time or temperature control

• Page 7, Line 14for safety for retail sale to consumers for off-premises consumption, shall be assessed an annual fee based on the following schedule:

• Page 7, Line 15Square Footage Fee

• Less than 15,001 $ 183

• Page 7, Line 16Over 15,000 330

• Page 7, Line 17(IV)  A retail food establishment offering food for retail sale to

• Page 7, Line 18consumers for off-premises consumption and preparing or serving food

• Page 7, Line 19in individual portions for immediate consumption either on- or

• Page 7, Line 20off-premises shall be assessed an annual fee based on the following

• Page 7, Line 21schedule:

• Square Footage Fee

• Page 8, Line 1Less than 15,001 $ 350

• Over 15,000 665

• Page 8, Line 2(V)  A retail food establishment offering food at a temporary living

• Page 8, Line 3quarter for workers associated with oil and gas shall be assessed an annual fee of eight hundred dollars.

• Page 8, Line 4(VI)  The fees established in this subsection (1.5) are effective

• Page 8, Line 5September 1, 2017, for any new retail food establishment that was not licensed and in operation prior to that date.

• Page 8, Line 6(b)  Effective January 1, 2017, to December 31, 2017, each retail

• Page 8, Line 7food establishment in this state shall be assessed an annual license fee as follows:

• Page 8, Line 8(I)  A retail food establishment preparing or serving food in

• Page 8, Line 9individual portions for immediate on- or off-premises consumption shall be assessed an annual fee based on the following schedule:

• Page 8, Line 10Seating Capacity Fee

• 0 to 100 $ 330

• Page 8, Line 11101 to 200 370

• Over 200 405

• Page 8, Line 12(II)  A retail food establishment limited to preparing or serving

• Page 8, Line 13food that does not require time or temperature control for safety,

• Page 8, Line 14providing self-service beverages, offering prepackaged commercially

• Page 8, Line 15prepared food and beverages requiring time or temperature control or

• Page 8, Line 16only reheating commercially prepared foods that require time or

• Page 8, Line 17temperature control for safety for retail sale to consumers shall be assessed an annual fee of two hundred thirty-five dollars.

• Page 8, Line 18(III)  A retail food establishment only offering prepackaged

• Page 9, Line 1commercially prepared food and beverages, including those that are

• Page 9, Line 2required to be held at refrigerated or frozen time or temperature control

• Page 9, Line 3for safety for retail sale to consumers for off-premises consumption, shall be assessed an annual fee based on the following schedule:

• Page 9, Line 4Square Footage Fee

• Less than 15,001 $ 170

• Page 9, Line 5Over 15,000 305

• Page 9, Line 6(IV)  A retail food establishment offering food for retail sale to

• Page 9, Line 7consumers for off-premises consumption and preparing or serving food

• Page 9, Line 8in individual portions for immediate consumption either on- or

• Page 9, Line 9off-premises shall be assessed an annual fee based on the following schedule:

• Page 9, Line 10Square Footage Fee

• Less than 15,001 $ 325

• Page 9, Line 11Over 15,000 620

• Page 9, Line 12(V)  A retail food establishment offering food at a temporary living

• Page 9, Line 13quarter for workers associated with oil and gas shall be assessed an annual fee of seven hundred forty dollars.

• Page 9, Line 14(VI)  Repealed.

• Page 9, Line 15(c)  A retail food establishment is subject to only one of the fees established in this subsection (1.5) per year.

• Page 9, Line 16(d)  Retail food establishment license fees shall be established pursuant to this subsection (1.5); except that:

• Page 9, Line 17(I)  The city and county of Denver may establish such fees by ordinance; and

• Page 9, Line 18(II)  A county or district board of health may establish fees that are

• Page 9, Line 19lower than the fees listed in this subsection (1.5) if the county or district board of health is in compliance with this part 16.

• Page 10, Line 1(2)  At the time a plan is submitted for review, an application fee

• Page 10, Line 2of one hundred fifty-five dollars shall be paid to the department or a

• Page 10, Line 3county or district board of health. The fee for plan review and preopening

• Page 10, Line 4inspection of a new or remodeled retail food establishment shall must be

• Page 10, Line 5the actual cost of such review which shall and must not exceed five

• Page 10, Line 6hundred eighty nine hundred dollars. Such costs shall must be payable

• Page 10, Line 7at the time the plan is approved and an inspection is completed to determine compliance.

• Page 10, Line 8(3)  At the time an equipment review is submitted, an application

• Page 10, Line 9fee of one hundred fifty-five dollars shall be paid to the department. The

• Page 10, Line 10fee for equipment review by the department to determine compliance with

• Page 10, Line 11applicable standards shall must be the actual cost of such review which

• Page 10, Line 12shall and must not exceed five hundred seven hundred seventy-five dollars. Such costs shall must be payable when the review is completed.

• Page 10, Line 13(4)  The fee for an HACCP plan review of a specific written

• Page 10, Line 14process shall be the actual cost of such review, which shall not exceed

• Page 10, Line 15one hundred dollars. The review of an HACCP plan for a process already

• Page 10, Line 16conducted at a facility shall be the actual cost of such review, which shall

• Page 10, Line 17must not exceed four hundred six hundred twenty dollars. Costs shall be paid at the time the plan is approved and an inspection is completed.

• Page 10, Line 18(5)  The fee for services requested by any a person seeking

• Page 10, Line 19department or county or district board of health review of a potential

• Page 10, Line 20retail food establishment site shall must be seventy-five one hundred

• Page 10, Line 21twenty dollars or the actual cost of such review, whichever is greater.

• Page 10, Line 22Seventy-five One hundred twenty dollars of such fee shall be billed at

• Page 10, Line 23the time the review is requested, and the remainder shall must be payable when services are completed.

• Page 11, Line 1(13)  Legislative declaration - disposition of fee revenue.

• Page 11, Line 2(a)  The general assembly does not intend for the fees paid by retail food

• Page 11, Line 3establishments as outlined in subsections (1) and (1.5) (1.1) of this section

• Page 11, Line 4to subsidize inspection or other costs associated with entities exempt from

• Page 11, Line 5fees under paragraph (a) of subsection (9) subsection (9)(a) of this section.

• Page 11, Line 6(b)  Counties may only spend the increased revenue from the

• Page 11, Line 7increase of retail food establishment fees on retail food health-related

• Page 11, Line 8activities. Prior to January 1, 2019, supplanting funds for other county programs is prohibited.

• Page 11, Line 9(14) (a)  The fee increase in subsection (1.5) of this section does

• Page 11, Line 10not take effect until the department and all local public health agencies

• Page 11, Line 11contracted by the department to perform inspections and enforce

• Page 11, Line 12regulations regarding retail food establishments prove compliance with

• Page 11, Line 13section 25-4-1607.7 (2). If the department and all local public health

• Page 11, Line 14agencies are not in compliance on January 1, 2018, the increase does not take effect until January 1 in the year following proven compliance.

• Page 11, Line 15(b)  The fee increase in subsection (1) of this section does not take

• Page 11, Line 16effect until the department proves compliance with section 25-4-1607.9

• Page 11, Line 17(1). If the department is not in compliance on January 1 following the fee

• Page 11, Line 18increase specified in subsection (1.5) of this section, the increase in

• Page 11, Line 19subsection (1) does not take effect until January 1 in the year following proven compliance.

• Page 11, Line 20(c)  The executive director of the department shall notify the

• Page 11, Line 21revisor of statutes, in writing, when the conditions specified in paragraphs

• Page 11, Line 22(a) and (b) of this subsection (14) have been satisfied.

• Page 12, Line 1SECTION 3.  In Colorado Revised Statutes, amend 25-4-1607.7 as follows:

• Page 12, Line 225-4-1607.7.  Health inspection results - development of a

• Page 12, Line 3uniform system - communication to the public. (1)  On or before

• Page 12, Line 4January 1, 2017, the department shall solicit input from retail food

• Page 12, Line 5establishments, contracted local public health agencies, county

• Page 12, Line 6commissioners, and others with a vested interest in the retail food

• Page 12, Line 7inspection program to establish a uniform system to communicate health

• Page 12, Line 8inspection results to the public. The uniform system established pursuant

• Page 12, Line 9to this section must provide meaningful and reasonably detailed

• Page 12, Line 10information to the public and must not summarize the results of the

• Page 12, Line 11inspection with a letter, number, or symbol grading system, or a similar, oversimplified method of quantifying results.

• Page 12, Line 12(2)  After July 1, 2017, The department or a local public health

• Page 12, Line 13agency contracted by the department to perform inspections and enforce

• Page 12, Line 14regulations regarding retail food establishments shall only utilize the

• Page 12, Line 15system developed and approved by the department to communicate inspection results.

• Page 12, Line 16(3)  After January 1, 2020, The system developed and approved by

• Page 12, Line 17the department to communicate inspection results may only be revised through the triennial stakeholder process required by section 25-4-1607.5.

• Page 12, Line 18SECTION 4.  In Colorado Revised Statutes, 25-4-1607.9, amend (1) and (2) introductory portion as follows:

• Page 12, Line 1925-4-1607.9.  Department targets - audits - reporting. (1)  On

• Page 12, Line 20or before April 1, 2017, The department shall respond to all plans and

• Page 12, Line 21specifications and HACCP plan reviews within fourteen working

• Page 12, Line 22business days after receipt, as required by section 25-4-1605 (4).

• Page 13, Line 1(2)  On or before December 31, 2019, The department shall ensure

• Page 13, Line 2significant statewide compliance with the federal food and drug

• Page 13, Line 3administration's voluntary national retail food regulatory program standards by verifying that:

• Page 13, Line 4SECTION 5.  In Colorado Revised Statutes, 25-4-1608, amend (2) as follows:

• Page 13, Line 525-4-1608.  Food protection cash fund - creation.

• Page 13, Line 6(2)  Forty-three Fifty-five dollars of each fee collected by the department

• Page 13, Line 7and or a county or district board of health pursuant to section 25-4-1607

• Page 13, Line 8(1)(a), (1)(a.5), (1)(b), (1)(c), (1)(c.5), (1)(e)(I)(B), (1.5)(a)(I), (1.5)(a)(II),

• Page 13, Line 9(1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), (1.5)(b)(I), (1.5)(b)(II),

• Page 13, Line 10(1.5)(b)(III), (1.5)(b)(IV), (1.5)(b)(V), and (1.5)(d)(II) shall (1) and

• Page 13, Line 11(1.1)(a) shall be transmitted to the state treasurer, who shall credit the

• Page 13, Line 12fee to the food protection cash fund created in subsection (1) of this

• Page 13, Line 13section. This portion of the fee shall be used by the department to conduct

• Page 13, Line 14the duties and responsibilities set forth in section 25-4-1604 (1)(a), (1)(b),

• Page 13, Line 15(1)(c), (1)(f), (1)(g), and (1)(i). The remainder of the fee shall be retained

• Page 13, Line 16by the county or district board of health for deposit in the appropriate

• Page 13, Line 17county or district public health agency fund in accordance with section

• Page 13, Line 1825-1-511 or, if the fee is collected by the department, it shall be deposited

• Page 13, Line 19pursuant to subsection (1) of this section, and used to pay a portion of the cost of conducting a retail food establishment protection program.

• Page 13, Line 20SECTION 6.  In Colorado Revised Statutes, 8-4-124, amend (1)(a) as follows:

• Page 13, Line 218-4-124.  Third-party food delivery services - prohibitions -

• Page 13, Line 22penalties - definitions. (1)  As used in this section, unless the context

• Page 13, Line 23otherwise requires:

• Page 14, Line 1(a)  "Retail food establishment" means a retail food establishment,

• Page 14, Line 2as defined in section 25-4-1602 (14), that pays an annual license fee as

• Page 14, Line 3required by section 25-4-1607. (1)(a), (1.5)(a)(I), or (1.5)(b)(I). "Retail

• Page 14, Line 4food establishment" does not include grocery stores or convenience stores.

• Page 14, Line 5SECTION 7.  In Colorado Revised Statutes, 30-11-129, amend (1)(b) as follows:

• Page 14, Line 630-11-129.  Third-party food delivery service fee restrictions

• Page 14, Line 7- definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 14, Line 8(b)  "Retail food establishment" means a retail food establishment,

• Page 14, Line 9as defined in section 25-4-1602 (14), that pays an annual license fee as

• Page 14, Line 10required by section 25-4-1607. (1)(a), (1.5)(a)(I), or (1.5)(b)(I). "Retail

• Page 14, Line 11food establishment" does not include grocery stores or convenience stores.

• Page 14, Line 12SECTION 8.  In Colorado Revised Statutes, 31-15-904, amend (1)(b) as follows:

• Page 14, Line 1331-15-904.  Third-party food delivery service fee restrictions

• Page 14, Line 14- definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 14, Line 15(b)  "Retail food establishment" means a retail food establishment,

• Page 14, Line 16as defined in section 25-4-1602 (14), that pays an annual license fee as

• Page 14, Line 17required by section 25-4-1607. (1)(a), (1.5)(a)(I), or (1.5)(b)(I). "Retail

• Page 14, Line 18food establishment" does not include grocery stores or convenience stores.

• Page 14, Line 19SECTION 9.  Act subject to petition - effective date. This act

• Page 14, Line 20takes effect at 12:01 a.m. on the day following the expiration of the

• Page 15, Line 1ninety-day period after final adjournment of the general assembly; except

• Page 15, Line 2that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 15, Line 3of the state constitution against this act or an item, section, or part of this

• Page 15, Line 4act within such period, then the act, item, section, or part will not take

• Page 15, Line 5effect unless approved by the people at the general election to be held in

• Page 15, Line 6November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.