§ 25-5-412 — Issuance of permits

(1) Whenever the department finds after
investigation that the distribution in this state of any class of food may, by reason of
contamination with microorganisms during manufacture, processing, or packing
thereof in any locality, be injurious to health and that such injurious nature cannot
be adequately determined after such articles have entered commerce, it, then and
in such case only, shall promulgate regulations providing for the issuance to
manufacturers, processors, or packers of such class of food in such locality of
permits to which shall be attached such conditions governing the manufacture,
processing, or packing of such class of food for such temporary period of time as
may be necessary to protect the public health; and, after the effective date of such
regulations and during such temporary period, no person shall introduce or deliver
for introduction into commerce any such food manufactured, processed, or packed
by any such manufacturer, processor, or packer, unless such manufacturer,
processor, or packer holds a permit issued by the department as provided by such
regulations.

(2) The department is authorized to suspend immediately upon notice any
permit issued under authority of this section if it is found that any of the conditions
of the permit have been violated. The holder of a permit so suspended shall be
privileged to apply at any time for the reinstatement of such permit, and the
department shall, immediately after prompt hearing and inspection of the
establishment, reinstate such permit if it is found that adequate measures have
been taken to comply with and maintain the conditions of the permit as originally
issued or as amended.

(3) Any officer or employee duly designated by the department shall have
access to any factory or establishment, the operator of which holds such a permit
from the department, for the purpose of ascertaining whether or not the conditions
of the permit are being complied with, and denial of access for such inspection shall
be grounds for suspension of the permit until such access is freely given by the
operator.

Legislative History

Source: L. 57: p. 433, � 12. CRS 53: � 66-22-12. C.R.S. 1963: � 66-20-12.