(1) A producer is exempt from the requirements of this part 7 if the producer is: (a) A person with less than five million dollars in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year; (b) A person that has used less than one ton of covered materials for products sold or distributed within or into the state during the prior calendar year; (c) The state or a local government; (d) A nonprofit organization; (e) An agricultural employer, as defined in section 8-3-104 (1), regardless of where the agricultural employer is located, with less than five million dollars in realized gross total revenue in the state from consumer sales of agricultural products sold under the brand name of the farmer, egg producer, grower, or individual grower cooperative; (f) An individual business operating a retail food establishment that is located at a physical business location and that is licensed under section 25-4-1607 (1)(a) or section 32-106.5 (1) to section 32-106.5 (5) of the Denver code of ordinances; or (g) A builder, a construction company, or construction contractors. (2) The commission shall adjust by rule the dollar limitation set forth in subsection (1)(a) of this section on July 1, 2023, and on July 1 of each year thereafter, based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
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