Special Exemptions to Retail Food Establishment Licensing
Retail Food Establishment means a retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food. Retail Food Establishment does not mean:
- Any private home.
- Private boarding houses.
- Hospital and health facility patient feeding operations licensed by the Colorado Department of Public Health and Environment.
- Child care centers and other child care facilities licensed by the Department of Human Services.
- Hunting camps and other outdoor recreation locations where food is prepared in the field rather than at a fixed base of operation.
- Food or beverage wholesale manufacturing, processing, or packaging plants, or portions thereof, that are subject to regulatory controls under state or federal laws or regulations.
- Motor vehicles used only for the transport of food.
- Establishments preparing and serving only hot coffee, hot tea, instant hot beverages, and non-potentially hazardous doughnuts or pastries obtained from sources complying with all laws related to food and food labeling.
- Establishments that handle only non-potentially hazardous prepackaged food and operations serving only commercially prepared, prepackaged foods requiring no preparation other than the heating of food within its original container or package.
- Farmers markets and roadside markets that offer only uncut fresh fruit and vegetables for sale.
- Automated food merchandising enterprises that supply only prepackaged, non-potentially hazardous food or drink, or food or drink in bottles, cans, or cartons only, and operations that dispense only chewing gum or salted nuts in their natural protective covering.
- The donation, preparation, sale, or service of food by a nonprofit or charitable organization in conjunction with an event or celebration if such donation, preparation, sale, or service of food:
- Does not exceed the duration of the event or celebration or a maximum of fifty-two days within a calendar year. Takes place in the county in which such nonprofit or charitable organization resides or is principally located.
