6 Colo. Code Regs. § 1010-21.7

Current through Register Vol. 47, No. 24, December 25, 2024

Section 6 CCR 1010-21.7 - Enforcement

1. Wholesale food manufacturers that fail to submit a complete and accurate annual application for registration, or fail to remit fees in accordance with Section 25-5-426(4), C.R.S., are not considered an approved source for introduction of manufactured food into retail commerce.

2. Wholesale food manufacturers who are also shellfish dealers that fail to submit a complete and accurate annual application for certification are not considered an approved source for introduction of shellfish into retail commerce.

B. Adulterated or misbranded food, including food from unapproved sources, may be embargoed in accordance with Section 25-5-406, C.R.S.

C. In accordance with Section 25-1.5-102(1)(c), C.R.S., the department may require wholesale food manufacturers, including wholesale food manufacturers who are also shellfish dealers, to recall adulterated or misbranded food in order to investigate and control the causes of epidemic and communicable diseases affecting public health.

D. Pursuant to Sections 25-4-1810 and 25-5-420, C.R.S., if the department has reasonable cause to believe a violation of this regulation has occurred and immediate enforcement is necessary, it may issue a cease-and-desist order, which shall set forth the provisions alleged to have been violated, the facts constituting the violation, and the requirement that all violating actions immediately cease.

1. At any time after service of the order to cease and desist by certified mail, the person for whom such order was served may request a hearing to determine whether such violation has occurred. Such hearing will be conducted in conformance with the provisions of article 4 of title 24, C.R.S. and shall be determined promptly.

E. To the extent and manner authorized by law, the department may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any wholesale food manufacturer registration or any shellfish dealer certification if the wholesale food manufacturer or wholesale food manufacturer who is also a shellfish dealer has:

1. Refused or failed to comply with any provision of this regulation or any lawful order of the department;

2. Had an equivalent certification or registration denied, revoked, or suspended by another authority, including but not limited to another state, or the U.S. Food and Drug Administration;

3. Refused to provide the department with reasonable, complete, and accurate information when requested by the department; or

4. Falsified any information submitted to the department.

F. In addition to the requirements herein, when the department determines that a wholesale food manufacturer who is also a shellfish dealer's activity constitutes a major public health threat, the department shall cooperate with other authorities pursuant to Section 25-4-1805(5), C.R.S.

6 CCR 1010-21.7

41 CR 17, September 10, 2018, effective 10/15/2018

44 CR 06, March 25, 2021, effective 4/14/2021

46 CR 24, December 25, 2023, effective 1/14/2024