What is a temporary event?
A temporary event is a single community event or celebration that occurs for a period of time not longer than 14 consecutive days. This may include town celebrations, fairs, and festivals. Temporary events do not include regularly scheduled series of events (flea markets, sporting arenas, concert halls, etc.); events serviced by licensed caterers; or sporadic promotional events such as grand openings. Effective January 1, 2019, some recurring events will be eligible for temporary event licensing. To be considered a temporary event, an Event Coordinator Application must be submitted and approved. If the event does not meet the definition of a temporary event, temporary food establishments are not permitted. Please see the vendor or event coordinator tab for food vendor license types and allowable operations.
What is the difference between a Mobile Retail Food License and a Temporary Retail Food License?
Typically, mobile units are a permanently licensed food truck or pushcart while temporary food establishments are a booth style tent and table set up. Mobile units may be operational year-round, whereas a temporary food establishment is restricted to coordinated temporary events. Mobile units are issued a state license that is valid in most Colorado counties. Temporary food establishments generally require a license specific to each county they operate in.
If I am a licensed mobile unit, do I need to fill out a Temporary Event Vendor Application?
You do not need to fill out an application, unless you only hold a mobile license from the City and County of Denver (not valid outside of Denver), or you will be operating without your mobile unit or setting up a temporary extension outside your licensed mobile unit. If you have a Mobile License issued by the City and County of Denver, you will need to obtain a temporary Food establishment license in Weld County.
If I have a temporary food establishment license, can I sell at farmer’s markets or corn mazes?
A temporary food establishment license is only valid at coordinated events that meet temporary event requirements. These events must have an event coordinator application submitted and approved. A farmer’s market or seasonal attraction, such as a pumpkin patch or corn maze, may coordinate as a temporary event. If the event exceeds temporary event limitations or the event organizer does not wish to submit a coordinator application, temporary food establishments are not permitted.
What is and isn’t allowed to be sold at farmers markets?
If you are selling whole, uncut produce, you do not need a retail food establishment license. If you are going to be selling produce by the slice or any other time/temperature control for safety (TCS) foods (e.g. wrapped burritos, cream pies, etc.), then you need to obtain a retail food establishment license. Note: Vendors may provide samples of their food product as long as it is done in a clean and sanitary manner. A license is not required for samples.
Why do licensed retail food establishments (brick and mortar facilities) have to pay for an additional license to operate at events?
The food license that you obtained is good for your restaurant only and is based on the permanent equipment and layout of the facility. Once operations occur off premises, a separate license is required.
What is the fee for a Temporary Food Establishment License?
The license fee will depend on your operation type. Please see the vendor tab above for license types and associated fees. Note: If you have multiple booths and/or units, each booth/unit will need a license.
Do I need a license if I’m only selling pre-packaged foods?
Maybe. If you are selling non-TCS foods that are commercially prepared (e.g. bottled soda, candy bars, and bagged chips), then no, you do not need a license. If you are selling TCS foods (e.g. wrapped burritos, etc.), you will need a license. Contact the Health Department at (970) 304-6415 or HE-tempevents@weldgov.com if you are unsure of whether your food would be considered TCS or require licensure.
Do I have to get a new license for each event, or will one license cover me for the entire year?
You have the option to do one or the other. If you plan on only attending one event, there is a single event license. If you would like to participate in multiple events, there is a calendar year license. You also could continue to obtain single event licenses throughout the year if you are unsure of how many events you will attend. If you are a licensed mobile unit, you do not need an additional license for each event provided the mobile unit operates as licensed. A mobile unit license is accepted between counties in Colorado, except for the City and County of Denver.
When should vendor applications be submitted?
All applications for temporary food establishments must be submitted, along with any applicable payment, at least 14 days prior to the event. Incomplete or missing applications may prevent you from operating at a temporary event. Applications will not be processed if received within two business days of an event.
When should coordinator applications be submitted?
Coordinator Applications and a final list of vendors for events with 1-15 vendors must be submitted at least 14 days prior to the event. Applications for events with 16 or more vendors must be submitted at least 30 days prior to the event.
Can I prepare or store food products at home?
No, the Food Protection Act prohibits the preparation of food in a private residence. The vendor must use a commissary or cook the food product on site. There is an exception for vendors selling or serving food produced under the Colorado Cottage Food Act. This is limited to non-TCS foods that are labeled and packaged according to the requirements. Foods must be sold only directly to the end consumer.
Is the use of Sterno or gel fuel as a heat source allowed?
No. All temperature control equipment must be able to maintain a constant heat/cold source, through means such as electricity, propane, generator, etc. Caterers may only use these fuels for food that is intended for immediate service and no hot holding (e.g., catered meals, but not event booths).
What is required for a proper hand washing set up at a temporary event?
At a minimum, the following is required:
- Soap
- Paper towels
- A container with warm water with a hands-free constant flow spigot (button style not allowed)
- A wastewater catch bucket
Is bare-hand contact with ready-to-eat foods allowed?
No. You may not contact any ready-to-eat foods with your bare hands. You must use gloves, tongs, deli tissue, or other approved means in order to prevent contact with ready-to-eat foods with your bare hands. What is a ready-to-eat food? Foods that will not go through another cook step. Examples include: sandwiches, cheese for the hamburger, bread, sliced fruit, etc.
Am I a non-profit if I donate all my proceeds to a non-profit organization?
Food service is considered non-profit for licensing purposes when all profits go only to a registered 501(c)(3) non-profit organization. The food service must be conducted by or in partnership with the nonprofit organization. Unless you are a recognized non-profit organization, documentation may be required to determine non-profit status. General fundraising is not considered to be non-profit for the purposes of licensing.
Does a non-profit have to obtain a Retail Food Establishment License?
No. Non-profits (as defined by the State Department of Revenue or by a 501(c)(3) status) do not need to obtain a Retail Food Establishment License. However, they still must submit a vendor application before setting up at a temporary event, provide documentation of non-profit status, and follow retail food establishment rules and regulations.
What do I need to do if I am a non-profit and have an event inside/outside my facility (e.g. a bake sale)?
No licensure or application is required, but food safety laws must still be followed. It is recommended to sell or serve prepackaged items that do not require temperature control.
What do I need to do if I am a non-profit and have an event at a location other than my facility and other than a scheduled temporary event?
If the non-profit organization is the only food vendor, an application or license is not required but may be submitted under the Vendors tab if you wish to do so. The Health Department will provide food safety recommendations as applicable. If part of a larger event (fair, festival, etc.) an application is required.
Do I need a license if I give food away for free or in exchange for donations?
If you are selling or serving food that is licensable, a license is required regardless of charging for it. Charging for food is not what makes it licensable or not.
Do I need a license if I roast chilies?
Yes. Chili roasting requires you obtain a Retail Food Establishment License. Please see the general Food Safety page for applications.
What is and isn’t allowed at a chili cook-off?
Chili cook-offs come in many different types and sizes. If the food being prepared is for the judges only, then no license is required. If the food is being given away in samples* and there was not a charge for it, then no license is required. All food safety laws (hand washing, temperature control, etc.) must be followed by all participants. The Health Department may request a list of competitors and contact information for trace back purposes in the event of a foodborne illness.
*Samples mean you are giving the food away in small portions (like in a Dixie cup) and it is not meant as a meal. If the food is being prepared and sold by the bowl, then a license would be required. In any case, the Event Coordinator should contact the Weld County Department of Public Health and Environment with information regarding the event.