Colorado § 25-4-1604 - Powers and duties of department - reciprocal license - rules - definition.

§ 25-4-1604. Powers and duties of department - reciprocal license - rules - definition.

(1) The department has the following powers and duties:

(a) To grant or refuse licenses and certificates of license pursuant to section 25-4-1606 or to suspend or revoke licenses and certificates of license pursuant to section 25-4-1611.5;

(b) (I) To promulgate rules for adoption by the state board of health pursuant to article 4 of title 24, C.R.S., for the uniform statewide administration, implementation, interpretation, and enforcement of this part 16 and, as necessary, to ensure a safe food supply in retail food establishments. Such rules may include provisions for the initial and periodic medical examination by the department or other competent medical authority of all employees of retail food establishments and shall include provisions specifying and regulating the places and conditions under which food shall be prepared for consumption, a uniform code of sanitary rules, and such other rules as the department deems necessary. Such rules may be modified and changed from time to time.

(II) For purposes of this paragraph (b), a "uniform code of sanitary rules" means rules for the preparation, sale, and serving of food, including but not limited to general overall retail food establishment and equipment design and construction; sanitary maintenance of equipment, utensils, and facilities for food preparation, service, and storage; wholesomeness of food and drink; source and protection of food and water; disposal of liquid and solid wastes; and other rules for the effective administration and enforcement of this part 16.

(c) To hear and determine all complaints against licensees or grantees of certificates of license and to administer oaths and issue subpoenas to require the presence of any person necessary to the determination of any such hearing;

(d) To uniformly enforce this part 16 and the rules promulgated pursuant to this section;

(e) To enter retail food establishments during business hours and at other times during which activity is evident to conduct inspections and other interventions related to food safety and the protection of public health;

(f) To develop and enforce uniform statewide standards of program conduct and performance to be followed and adhered to by employees of the department and county or district boards of health;

(g) To provide technical assistance, equipment and product review, training and standardization, program evaluation, and other services necessary to assure the uniform statewide administration, implementation, interpretation, and enforcement of this part 16 and rules promulgated under this part 16;

(h) To review and approve HACCP plans submitted for evaluation to verify and ensure that food handling risks are reduced to prevent food-borne illness outbreaks;

(i) To delegate to any county or district board of health the powers and duties described in paragraphs (a), (c), (d), (e), and (h) of this subsection (1) at the request of such county or district board of health.

(2) (a) Subsection (1) of this section does not apply to the city and county of Denver, which, by ordinance, may provide for the licensure of retail food establishments.

(b) The city and county of Denver shall permit a licensee to operate a mobile food establishment within the jurisdiction of the city and county of Denver in accordance with section 29-11.6-104 (1).

(3) The department shall consider an owner or operator of a mobile food establishment with a Denver retail food license to have a valid license to operate the mobile food establishment within the jurisdiction of another local government in accordance with section 29-11.6-104 (2).

Source: L. 98: Entire part R&RE, p. 1247, § 1, effective July 1. L. 2009: (1)(b)(I), (1)(d), (1)(f), (1)(g), and (1)(i) amended and (2) added, (SB 09-223), ch. 255, p. 1152, § 4, effective May 15. L. 2019: IP(1) and (1)(a) amended, (HB 19-1014), ch. 11, p. 42, § 2, effective January 1, 2020. L. 2025: (2) amended and (3) added, (HB 25-1295), ch. 214, p. 973, § 3, effective January 1, 2026.

Editor's note: This section is similar to former § 25-4-1604 as it existed prior to 1998.