SETTING THE RECORD STRAIGHT September 15, 2008
Last week, I was concerned that the acting director of the El Paso County Health Department tried to justify “Retail Food Establishment” inspections on a small volunteer fire district in House District 19. For over 37 years, Hanover has enjoyed sponsoring a monthly community breakfast to help the fire district raise money for equipment that is essential to safe lives and property in El Paso County. And now it appears as if the El Paso County Health Department was trying to require “Retail Food Establishment” inspections of these non-profit, community based breakfasts.
Mandating “Retail Food Establishment” practices on a once-a-month non-profit fundraiser is ridiculous! Clearly, I felt the El Paso County Health Department was misinterpreting the law. This disagreement of policy between the local health department acting director and locally elected officials needed immediate clarification by the State Health Department.
When I notified The Colorado Department of Public Health and Environment in Denver of this local policy, they were very concerned the El Paso County Health Department was over stepping it’s authority. They contacted the El Paso County Health Department and stated they had NO jurisdiction in these cases. Upon my request the Colorado Department of Public Health and Environment notified the El Paso County Health Department of their gross misinterpretation of the law.
In a letter dated September 9, 2008 by the Colorado Department of Public Health and Environment, it states the El Paso County Health Department DOES NOT HAVE THE AUTHORITY to mandate “Retail Food Establishment” inspections on nonprofit and charitable organizations and referred the local health department to The Food Protection Act, C.R.S. 25-4-1602, which basically states;
The donation, preparation, sale or service of food by a nonprofit or charitable organization in conjunction with an event or is exempt from “Retail food establishment” inspections.
I appreciate the media allowing me to set the record straight. It is reassuring that the state law reflects a common sense approach to these types of events. Our district relies heavily on these important organizations for firefighting, search & rescue, faith based services and community support. Please join us at the next Hanover Fire Department Breakfast, Sunday October 12th from 7:00 to 10:00 am, to support this wonderful community based event.
Respectfully,
Marsha Looper
Colorado State Representative HD#19
Email-MarshaLooper@gmail.com, Website: WWW.GOMARSHA.ORG, 719-238-5600
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