2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-107 - Powers and duties of commissioner - rules

(1)
The commissioner shall:
(a)
Maintain traceability of this state's standards to the standards of the national institute of standards and technology;
(b)
Implement and carry out the provisions of this article;
(c)
Establish requirements for labeling, requirements for the presentation of cost-per-unit information, standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity;
(d)
Grant any exemptions from this article or any rules promulgated pursuant to this article if in the commissioner's opinion such exemption would serve the public interest;
(e)
Conduct investigations to ensure compliance with this article;
(f)
Delegate to appropriate personnel any responsibilities for the proper administration of this article;
(g)
Test annually the standards of weights and measures used by any city or county within the state and approve the same when found to be correct; except that tuning forks used to determine the accuracy of radar guns shall not be subject to annual testing;
(h)
Inspect and test weights and measures kept, offered, or exposed for sale, including prepackaged commodities;
(i)
Inspect and test, to ascertain if they are correct, all commercial weighing and measuring devices for which the owner is required to be licensed under this article;
(j)
Test all weights and measures used in checking the receipt or disbursement of supplies in every state institution if funds are appropriated for such maintenance;
(k)
Approve for use, and may mark, such weights and measures as he or she finds to be correct and may reject and mark as rejected such weights and measures as he or she finds to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in an unauthorized manner. The commissioner may condemn and seize weights and measures found to be incorrect and that are not capable of being made correct.
(l)
Weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process of delivery to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this article and the rules promulgated pursuant to this article. Accuracy of weight, measure, or count shall be determined by procedures set forth in the national institute of standards and technology handbook 133 as adopted by the national conference on weights and measures 1980, and any supplements or revisions thereto unless otherwise specified by the commissioner by rule. When the nature of the packaged commodity requires assistance in testing, the commissioner may request the person in possession of the package to furnish equipment and assistance to complete the test.
(m)
Prescribe the appropriate term or unit or weight or measure to be used whenever he determines, in the case of a specific commodity, that an existing practice of declaring the quantity by weight, measure, numerical count, or combination thereof does not facilitate value comparison or is represented in any manner that tends to mislead or deceive any person;
(n)
Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice, only after the commodity has entered intrastate commerce;
(o)
Promulgate such rules as are necessary for the implementation and administration of this article in accordance with article
4
of title
24
, C.R.S., including rules regarding the use of weights and measures, methods of sale, unit pricing, declaration of quantity, retail sales price representations for commodities and services, including requirements for cents-off and introductory offer promotions, and labeling requirements;
(p)
Negotiate and enter into contracts with local governments for the implementation and enforcement of this article.
(2)
The commissioner may, upon request, inspect and test any weight, measure, or standard used by a governmental entity.
L. 83: Entire article R&RE, p. 1343, § 1, effective July 1. L. 95: (1)(a) and (1)(l) amended, p. 894, § 5, effective July 1. L. 2009: (1)(a), (1)(d), (1)(g), (1)(i), (1)(k), (1)(l), and (1)(o) amended and (2) added, (SB 09-113), ch. 88, pp. 326, 323, §§ 9, 4, effective April 2.
This section is similar to former §§ 35-14-107 and 35-14-108 as they existed prior to 1983.