reglab/statecodes huggingface dataset:
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 35-14-120 - Declaration of unit price on random-weight packages

In addition to the declarations required by section
35-14-118
, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.
L. 83: Entire article R&RE, p. 1348, § 1, effective July 1.
This section is similar to former §§ 35-14-119 and 35-14-120 as they existed prior to 1983.
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 35-14-124 - Inaccurate devices - stickers - tags - wire seals - rules

(1)
A blue tag indicating "Work Order" shall be placed on any commercial weighing or measuring device that in the judgment of the commissioner is out of tolerance or in need of minor repairs. Repairs shall be made within thirty days, and, if not so made, the device shall be removed from commercial use. If the repairs cannot be completed or the device cannot be placed into service due to delay in obtaining parts or other justified circumstances, the commissioner may extend the time limit for repair or placing in service for a reasonable time.
(2)
A red tag indicating "CONDEMNED" shall be placed on any commercial weighing or measuring device that is to be removed from use. A wire seal may be so placed as to make the device unusable in any form. A device that has been condemned pursuant to this subsection (2) shall not be used for any commercial purpose.
(3)
(a)
A tag indicating "no license fee paid" shall be placed on any commercial weighing or measuring device that the owner is not licensed to operate. A wire seal may be so placed as to make the device unusable in any form. A device on which a "no license fee paid" tag has been placed shall not be used for any commercial purpose. A "no license fee paid" tag need not be placed on devices that are being held for resale and are not being used.
(b)
When a weighing or measuring device is found in a commercial establishment, it shall be prima facie evidence that said device is being used or employed. If the owner of any such device does not have a license for its use, the device shall have a "no license fee paid" or "not approved for commercial use" tag attached.
(4)
(Deleted by amendment, L. 2009, (SB 09-113), ch. 333, p. 333, § 19, effective April 2, 2009.)
(5)
The commissioner shall promulgate rules to clarify the circumstances under which a blue or red tag should be issued.
L. 83: Entire article R&RE, p. 1352, § 1, effective July 1. L. 2009: Entire section amended and (5) added, (SB 09-113), ch. 88, pp. 333, 323, §§ 19, 5, effective April 2.
(1) Amendments to this section by sections 5 and 19 of Senate Bill 09-113 were harmonized.
(2) This section is repealed, effective September 1, 2028, pursuant to §
35-14-134
.
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 35-14-124.5 - Disciplinary powers

(1)
The commissioner may deny an application for, refuse to renew, revoke, or suspend a license or certificate or place a licensee or certificate holder on probation, if such person has:
(a)
Violated any provision of this article or of any rule adopted by the commissioner under this article;
(b)
Been convicted of a felony under any state or federal law; except that, in considering a conviction of a felony, the commissioner shall be governed by section
24-5-101
, C.R.S.;
(c)
Committed fraud or deception in the procurement or attempted procurement of a license or certificate;
(d)
Failed to comply with a lawful order of the commissioner concerning the administration of this article;
(e)
Been convicted of deceptive trade practices under any state or federal law;
(f)
Used a commercial weighing or measuring device or moisture-testing device in deceptive trade practices in violation of any state or federal law.
(2)
All proceedings concerning the denial, refusal to renew, revocation, or suspension of a license or certificate or the placing of a licensee or certificate holder on probation shall be conducted pursuant to article
4
of title
24
, C.R.S.
(3)
Any previous violation of this article by an applicant or associate of the applicant shall be sufficient grounds for denial of a license. For purposes of this subsection (3), "associate" means:
(a)
A person associated with the applicant in the business for which such applicant seeks to be licensed or certified;
(b)
A partner, officer, director, or stockholder of more than thirty percent of the outstanding shares of a partnership or corporation, when such partnership or corporation is the applicant.
L. 95: Entire section added, p. 899, § 9, effective July 1. L. 2009: (1)(f) amended, (SB 09-113), ch. 88, p. 334, §20, effective April 2.
This section is repealed, effective September 1, 2028, pursuant to §
35-14-134
.
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 35-14-125 - [Repealed]

L. 83: Entire article R&RE, p. 1352, § 1, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 334, §21, effective April 2.
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 35-14-126 - Commercial weighing device exemption - licensing - testing

(1)
No license shall be required for the use of the following commercial weighing or measuring devices and such devices shall be exempt from testing:
(a)
Person weighers also referred to as pennyweight scales;
(b)
Any scale used as an in-plant scale to determine ingredients or other such services where the end product or service is determined by some means other than the in-plant scale;
(c)
Those scales operated by the United States postal service;
(d)
Postal scales used exclusively for determining postage fees and where final determination of weight is made by the United States postal service;
(e)
A pharmacist's prescription scale having less than a four-ounce capacity;
(f)
Any other device exempted by the commissioner by rule.
L. 83: Entire article R&RE, p. 1353, § 1, effective July 1. L. 2009: IP(1) amended and (1)(f) added, (SB 09-113), ch. 88, p. 334, §22, effective April 2.
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 35-14-129 - Moisture-testing devices and grain protein analyzers - specifications

(1)
Before operating any moisture-testing device or grain protein analyzer for commercial use, the owner of the device or analyzer shall first procure a license for operation of the device or analyzer from the commissioner. An application for the license must be made upon a form furnished by the commissioner. A moisture-testing device or a grain protein analyzer is considered in commercial use if the results of the device or analyzer are a factor in determining:
(a)
The price of the commodity tested; or
(b)
For a moisture-testing device, the drying or other processing charge based upon moisture content of the commodity.
(2) to (6)
Repealed.
L. 83: Entire article R&RE, p. 1355, § 1, effective July 1. L. 95: (2) to (6) repealed, p. 899, § 11, effective July 1. L. 2009: IP(1) amended, (SB 09-113), ch. 88, p. 337, §26, effective April 2. L. 2011: (1) amended, (HB 11-1159), ch. 95, p. 280, §4, effective August 10.
This section is repealed, effective September 1, 2028, pursuant to §
35-14-134
.
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 35-14-130 - Stop sale order

(1)
The commissioner may issue warning notices to anyone who has not complied with this article and may establish a time period to correct any minor violation.
(2)
The commissioner may issue a stop sale order directing that any products not meeting the requirements of this article or the rules promulgated by the commissioner be taken off sale.
L. 83: Entire article R&RE, p. 1356, § 1, effective July 1. L. 2009: Entire section amended, (SB 09-113), ch. 88, p. 337, §27, effective April 2.
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 35-14-132 - Criminal penalties

(1)
Any person who willfully makes, installs, sells or offers to sell, or uses or allows to be used on his or her weights or measures any counterfeit seal, or seal of the commissioner without proper authority, commits a civil infraction and shall be punished as provided in section
18-1.3-503
.
(2)
The commissioner shall inform the district attorney of the proper district of any criminal violation of this article. It is the duty of each district attorney to whom the commissioner presents satisfactory evidence of any violation of this article to cause appropriate proceedings to be commenced and prosecuted in a court of competent jurisdiction. If the district attorney fails to so act within a reasonable time, the commissioner may notify and be represented by the attorney general.
(3)
All criminal fines imposed and collected for violations of the provisions of this article shall be paid into the county treasury for the use of the people of the county in which the offense was committed.
Amended by 2021 Ch. 462, § 620, eff. 3/1/2022.
L. 83: Entire article R&RE, p. 1357, § 1, effective July 1. L. 2002: (1) amended, p. 1548, § 308, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 3277, p. 3277, § 620, effective 3/1/2022.
(1) This section is similar to former § 35-14-132 as it existed prior to 1983.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
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 35-14-133 - Enforcement

(1)
The commissioner or the commissioner's designee shall enforce this article.
(2)
Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule promulgated pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at the person's discretion, a hearing to be held within a reasonable period of time to determine whether such violation has occurred. Such hearing shall be conducted pursuant to article
4
of title
24
, C.R.S., and shall be determined promptly.
(3)
Whenever the commissioner possesses sufficient evidence satisfactory to him or her indicating that a person has engaged in or is about to engage in an act or practice constituting a violation of this article or any rule or order adopted pursuant to this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order adopted pursuant to this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
L. 83: Entire article R&RE, p. 1358, § 1, effective July 1. L. 2009: Entire section amended, (SB 09-113), ch. 88, p. 340, §29, effective April 2.
This section is similar to former § 35-14-134 as it existed prior to 1983.
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 35-14-134 - Repeal of sections - review of functions

Sections 35-14-102 (3), 35-14-121 to 35-14-124.5, 35-14-127, 35-14-129, and 35-14-131 (5)(d), (5)(j), and (5)(m) are repealed, effective September 1, 2028. Before the repeal, the licensing and certification functions of the department are scheduled for review in accordance with section
24-34-104
.
Amended by 2018 Ch. 377,§ 2, eff. 6/6/2018.
L. 88: Entire section added, p. 932, § 24, effective April 28. L. 90: Entire section amended, p. 333, § 19, effective April 3. L. 91: Entire section amended, p. 689, § 64, effective April 20. L. 95: Entire section amended, p. 901, § 13, effective July 1. L. 99: Entire section amended, p. 628, §35, effective August 4. L. 2004: Entire section amended, p. 349, § 17, effective July 1. L. 2009: Entire section amended, (SB 09-113), ch. 88, p. 322, §1, effective April 2. L. 2018: Entire section amended, (HB 18-1146), ch. 377, p. 2282, § 2, effective June 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › CENTRAL FILING SYSTEM (§ 35-15-101) › Article 15 - [Repealed] (§ 35-15-101) › Section 35-15-101 - to 35-15-110 - [Repealed]

(1) This article was added in 1988.
(2) Section 35-15-110 provided for the repeal of this article, effective July 1, 1996. (See L. 94, p. 1555.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 20 - [Repealed] (§ 35-20-101) › Section 35-20-101 - to 35-20-110 - [Repealed]

L. 89: Entire article repealed, p. 1395, § 5, effective April 12.
This article was numbered as article 8 of chapter 7, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-101 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Candling" means examining the interior of an egg by use of transmitted light sufficient to view the interior of the egg.
(2)
"Commission" means the state agricultural commission.
(3)
"Commissioner" means the commissioner of agriculture.
(4)
(Deleted by amendment, L. 2009, (SB 09-127), ch. 224, p. 224, § 7, effective July 1, 2009.)
(5)
"Consumer" means any person who buys eggs for household consumption and not for resale.
(6)
"Dealer" means any person who is engaged in selling poultry eggs or other eggs.
(7)
"Department" means the department of agriculture.
(8)
"Edible eggs" means eggs which are free from mold, blood ring, blood spot, bloody whites, filth, stuck yolk, black rot, white rot, mixed rot, or any other inedible quality as defined by the United States department of agriculture.
(9)
(Deleted by amendment, L. 95, p. 699, § 15, effective May 23, 1995.)
(10) and (11)
(Deleted by amendment, L. 2009, (SB 09-127), ch. 224, p. 224, § 7, effective July 1, 2009.)
(12)
Repealed.
(13)
"Manufacturer" means any person engaged in the business of manufacturing or preparing any product intended for sale for human consumption in which eggs in any form or part are used.
(13.5)
"Other eggs" means the eggs with a shell of any avian species, as designated by the commissioner by rule, other than the domesticated chicken.
(14)
"Person" means a person, partnership, association, or corporation.
(15)
"Poultry eggs", "shell eggs", or "eggs" means shell eggs of the domesticated chicken.
(16)
"Producer" means any person engaged in producing poultry eggs or other eggs in this state.
(17)
"Restaurant" means any person engaged in the business of catering or furnishing meals to the public.
(18) and (19)
Repealed.
(20)
Where applicable, the singular includes the plural; the plural, the singular; and the masculine, the feminine.
Amended by 2020 Ch. 217, § 3, eff. 9/14/2020.
Amended by 2020 Ch. 159, § 3, eff. 6/29/2020.
L. 65: R&RE, p. 213, § 1. C.R.S. 1963: § 7-9-1. L. 73: p. 214, § 1. L. 95: (6), (8), (9), and (12) amended, p. 699, § 15, effective May 23. L. 2009: (1), (4), (6), (10), and (11) amended and (12), (18), and (19) repealed, (SB 09-127), ch. 63, pp. 224, 223, §§ 7, 4, effective July 1. L. 2020: IP, (6), and (16) amended and (13.5) added, (HB 20-1211), ch. 712, p. 712, § 3, effective June 29; IP amended, (HB 20-1343), ch. 1077, p. 1077, § 3, effective September 14.
Subsection IP(1) was amended in HB 20-1211. Those amendments were superseded by the amendment to subsection IP(1) in HB 20-1343.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-102 - Importation, classification, and grades

(1)
All shell eggs shall be edible eggs, and shall be candled and graded into Colorado consumer grades.
(2)
The consumer grades and weight classes for shell eggs, and standards for quality of individual shell eggs, shall be based on the United States department of agriculture grades and weight classes for shell eggs and standards for quality of individual shell eggs. The commission may adopt regulations as applicable and necessary to conform to current United States department of agriculture regulations for shell eggs.
(3)
(Deleted by amendment, L. 2009, (SB 09-127), ch. 225, p. 225, § 8, effective July 1, 2009.)
(4)
A copy of the United States department of agriculture regulations governing the grading of shell eggs and United States standards, grades, and weight classes for shell eggs shall be kept on file in the office of the commissioner and shall be open to public inspection during normal business hours.
L. 65: R&RE, p. 215, § 1. C.R.S. 1963: § 7-9-2. L. 73: p. 214, § 2. L. 2009: (1) and (3) amended, (SB 09 -127), ch. 63, p. 225, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-103 - Refrigeration - transportation

(1)
Repealed.
(2)
All eggs shall be kept under adequate refrigeration. The refrigeration shall be such that the temperature of the eggs does not exceed the temperature established in rules adopted by the commissioner pursuant to section
35-21-106 (1)
.
(3)
Every vehicle used to transport eggs shall be maintained in a sanitary condition and shall be enclosed to protect eggs from extreme heat or cold.
(4) to (9)
(Deleted by amendment, L. 95, p. 699, § 16, effective May 23, 1995.)
L. 65: R&RE, p. 215, § 1. C.R.S. 1963: § 7-9-3. L. 73: p. 215, § 3. L. 95: Entire section amended, p. 699, § 16, effective May 23. L. 2009: (1) repealed and (2) and (3) amended, (SB 09-127), ch. 63, pp. 225, 226, §§ 11, 9, 12, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-105 - Exemption - rules

(1)
(a)
Except as provided in subsection (2) of this section, a person who produces and sells only on the premises at which the poultry eggs were produced, at a farmers' market, or through a community-supported agricultural organization, less than two hundred fifty dozen poultry eggs per month is exempt from this part 1; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.
(b)
The commissioner may promulgate rules exempting small producers of other eggs or dealers of other eggs from any provision of this part 1 and setting the conditions for the exemption; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.
(2)
A person transporting eggs for sale at a farmers' market or similar venue under subsection (1) of this section shall:
(a)
Comply with the transport requirements of section
35-21-103(3)
and any rules, including rules requiring refrigeration, promulgated under this part 1 regarding the safe transport and washing of eggs; and
(b)
Affix to the egg package a label containing the address at which the eggs originated and the date on which the eggs were packaged. Any eggs not treated for salmonella must also include the following statement on the package: "Safe Handling Instructions: To prevent illness from bacteria, keep eggs refrigerated, cook eggs until yolks are firm, and cook any foods containing eggs thoroughly. These eggs do not come from a government-approved source."
Amended by 2021 Ch. 423,§32, eff. 7/2/2021.
Amended by 2020 Ch. 217,§5, eff. 9/14/2020.
Amended by 2020 Ch. 159,§5, eff. 6/29/2020.
Amended by 2013 Ch. 100,§4, eff. 4/4/2013.
L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-5. L. 2009: Entire section amended, (SB 09-127), ch. 224, p. 224, §6, effective July 1. L. 2012: Entire section amended, (SB 12-048), ch. 44, p. 44, §7, effective March 15. L. 2013: (2)(b) amended, (HB 13-1158), ch. 319, p. 319, § 4, effective April 4. L. 2020: (1) amended, (HB 20-1211), ch. 712, p. 712, § 5, effective June 29; (1) and (2)(a) amended, (HB 20-1343), ch. 1077, p. 1077, § 5, effective September 14. L. 2021: (1)(b) amended, (SB 21-266), ch. 2805, p. 2805, § 32, effective July 2.
Subsection (1) was amended in HB 20-1211. Those amendments were harmonized in part with and superseded in part by the amendment of subsection (1) in HB 20-1343.
For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 16, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-106 - Rules - commissioner to enforce - procedure

(1)
The commissioner may formulate rules concerning licensing, transporting, processing, labeling, sale, storage, inspection, and record keeping for the furtherance and enforcement of this part 1 for both poultry eggs and other eggs. The commissioner shall promulgate the rules in accordance with article
4
of title
24
.
(2)
(a)
The commissioner is responsible for enforcing this article. The commissioner or the commissioner's designee shall have access during regular business hours to business premises, facilities, vehicles, and records pertinent to activities regulated under this article.
(b)
If the commissioner determines that this article 21 or the rules promulgated for the enforcement of this article 21 are being violated, the commissioner may cause "stop sale notices" to be placed on all poultry eggs or other eggs being sold or offered for sale in violation of this article 21 or the rules. A person shall not sell or otherwise dispose of poultry eggs or other eggs upon which a "stop sale notice" has been issued until the "stop sale notice" has been canceled by the commissioner or a duly authorized agent.
(3)
(a)
If an authorized person from the department requests to inspect poultry eggs or other eggs, it is unlawful for a person to refuse to submit for inspection the following or to refuse to stop a vehicle transporting the following:
(I)
Poultry eggs;
(II)
Other eggs;
(III)
Poultry egg products; or
(IV)
Other egg products.
(b)
Any authorized agent of the department may, while enforcing this article 21, seize and hold as evidence any carton or container of poultry eggs or other eggs received, packed, stored, delivered for shipment, loaded, or in transit in violation of this article 21.
Amended by 2020 Ch. 217,§ 6, eff. 9/14/2020.
Amended by 2020 Ch. 159,§ 6, eff. 6/29/2020.
L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-6. L. 95: (1) and (2) amended, p. 703, § 18, effective May 23. L. 2009: (1) and (2)(a) amended, (SB 09-127), ch. 226, p. 226, §§ 14, 15, effective July 1. L. 2020: (1), (2)(b), and (3) amended, (HB 20-1211), ch. 713, p. 713, § 6, effective June 29; (1) amended, (HB 20-1343), ch. 1077, p. 1077, § 6, effective September 14.
Subsection (1) was amended in HB 20-1211. Those amendments were harmonized in part with and superseded in part by the amendment of subsection (1) in HB 20-1343.
For rule-making procedures, see article 4 of title 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-107 - Penalty

(1)
Any person who violates any of the provisions of this part 1 is guilty of a misdemeanor. It is the duty of the commissioner to notify the district attorney of the judicial district in which a violation occurs, and the district attorney of said district shall conduct such proceedings as may be necessary with the cooperation of the commissioner. Upon conviction in any court of competent jurisdiction, any person in violation of this part 1 shall be punished by a fine of not more than five hundred dollars. Each calendar day on which such a violation occurs shall constitute a separate violation. Fines and penalties imposed under this part 1 shall be collected and remitted as provided by law.
(2)
After proper hearing as provided in article
4
of title
24
, the commissioner may deny an application for licensure, place a licensee on probation, or restrict, suspend, revoke, or refuse to renew the license of a person who violates this part 1 or any rule adopted under this part 1. The restriction, revocation, or suspension of or refusal to renew a license may be in addition to, or in lieu of, any penalties or fines imposed in subsection (1) of this section.
Amended by 2020 Ch. 217,§ 7, eff. 9/14/2020.
L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-7. L. 73: p. 217, § 5. L. 95: (2) amended, p. 704, § 19, effective May 23.
Subsection (2) is repealed, effective September 1, 2031, pursuant to §
35-21-108
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-107.5 - Civil penalties

(1)
(a)
The commissioner may impose a civil penalty on any person who violates this part 1 or any rule adopted under this part 1. The penalty must not exceed seven hundred fifty dollars per day per violation.
(b)
Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.
(2)
(a)
The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(b)
Upon a finding that the commissioner did not have probable cause to impose a civil penalty, the person charged may recover from the department such person's costs and attorney fees.
(3)
If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction.
(4)
The commissioner shall transmit civil penalties collected under this section to the state treasurer, who shall credit the money to the general fund.
Amended by 2020 Ch. 217,§ 8, eff. 9/14/2020.
Amended by 2020 Ch. 159,§ 7, eff. 6/29/2020.
L. 95: Entire section added, p. 704, § 20, effective May 23. L. 2003: (4) amended, p. 1733, § 15, effective May 14. L. 2005: (4) amended, p. 1274, § 14, effective July 1. L. 2007: (4) amended, p. 1909, § 12, effective July 1. L. 2020: (4) amended, (HB 20-1211), ch. 713, p. 713, § 7, effective June 29; (1)(a) amended, (HB 20-1343), ch. 1078, p. 1078, § 8, effective September 14.
Section 9 of chapter 159 (HB 20-1211), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after June 29, 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 1 - EGG-LAYING HENS (§§ 35-21-101 — 35-21-108) › Section 35-21-108 - Repeal of sections - review of functions

Sections 35-21-104 and 35-21-107 (2) and this section are repealed, effective September 1, 2031. Before the repeal, the licensing functions of the department are scheduled for review in accordance with section
24-34-104
.
Amended by 2020 Ch. 159,§ 2, eff. 6/29/2020.
L. 88: Entire section added, p. 933, § 26, effective April 28. L. 90: Entire section amended, p. 333, § 20, effective April 3. L. 91: Entire section amended, p. 690, § 65, effective April 20. L. 95: Entire section amended, p. 704, § 21, effective May 23. L. 2004: Entire section amended, p. 349, § 18, effective July 1. L. 2009: Entire section amended, (SB 09-127), ch. 223, p. 223, § 3, effective July 1. L. 2020: Entire section amended, (HB 20-1211), ch. 711, p. 711, § 2, effective June 29.
Section 9 of chapter 159 (HB 20-1211), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after June 29, 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-201 - Legislative declaration

In accordance with the general assembly's authority to protect the health and welfare of consumers, promote food safety, and advance animal welfare, the general assembly finds and declares that the regulation of egg production on farms and of the sale of eggs and egg products will further these goals.
Added by 2020 Ch. 217,§ 1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1071, p. 1071, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-203 - Enclosure requirements - repeal

(1)
(a)
(I)
On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen.
(II)
This subsection (1)(a) is repealed, effective January 1, 2025.
(b)
On and after January 1, 2025, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure:
(I)
That is not a cage-free housing system; or
(II)
That has less than:
(A)
One square foot of usable floor space per egg-laying hen in a cage-free housing system that provides egg-laying hens with unfettered access to vertical space, such as a multi-tiered aviary or a partially slatted system; or
(B)
One and one-half square feet of usable floor space per egg-laying hen in a cage-free housing system that does not provide egg-laying hens with unfettered access to vertical space, such as a single-level all-litter floor system.
(2)
(a)
A business owner or operator shall not knowingly sell or transport for sale in the state a shell egg or egg product that the business owner or operator knows or should know was produced by an egg-laying hen that was confined in a manner that conflicts with the standards required in subsection (1) of this section.
(b)
(I)
This subsection (2) takes effect January 1, 2023.
(II)
This subsection (2)(b) is repealed, effective January 1, 2025.
(3)
For the purposes of this part 2, a sale is deemed to occur at the location where the buyer takes physical possession of the item.
Added by 2020 Ch. 217,§ 1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1073, p. 1073, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-204 - Exceptions

(1)
Section
35-21-203(1)
does not apply during:
(a)
Medical research;
(b)
Examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the direct supervision of a veterinarian licensed in accordance with article
315
of title
12
;
(c)
Transportation;
(d)
A state or county fair exhibition, a 4-H program, and similar exhibitions;
(e)
Slaughter, if done in accordance with an applicable law; or
(f)
Temporary periods for animal husbandry purposes for no more than six hours in any twenty-four-hour period and no more than twenty-four hours total in any thirty-day period.
(2)
This part 2 does not apply to:
(a)
The production in the state, sale in the state, or transport for sale in the state of shell eggs by a farm owner or operator with annual shell egg production from three thousand or fewer egg-laying hens if all shell eggs sold in the state or transported for sale in the state by the farm owner or operator are derived from three thousand or fewer egg-laying hens; or
(b)
The sale of or transport for sale of shell eggs in the state by a business owner or operator at one or more business locations in the state if all of the following conditions are met:
(I)
Each business location owned by or operated by the business owner or operator sells fewer than twenty-five cases of thirty dozen shell eggs per week;
(II)
All business locations owned by or operated by the business owner or operator collectively sell fewer than one hundred cases of thirty dozen shell eggs per week; and
(III)
The business owner or operator is not a farm owner or operator.
Added by 2020 Ch. 217,§1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1074, p. 1074, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-205 - Defense

It is a defense in a proceeding to enforce this part 2 that a business owner or operator relied in good faith upon a written certification by the supplier that the shell egg or egg product was not derived from an egg-laying hen that was confined in a manner that conflicts with the standards in section
35-21-203(1)
.
Added by 2020 Ch. 217,§1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1075, p. 1075, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-206 - Penalty

(1)
If a farm owner or operator or business owner or operator violates this part 2, the commissioner may impose a civil penalty not to exceed one thousand dollars per violation.
(2)
If the commissioner is unable to collect a civil penalty or if a farm owner or operator or business owner or operator fails to pay any portion of a civil penalty imposed under this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by an action in a court.
(3)
The commissioner shall not impose a civil penalty unless the person charged is given notice and opportunity for a hearing in accordance with article
4
of title
24
.
Added by 2020 Ch. 217,§ 1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1075, p. 1075, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-207 - Enforcement - rules

(1)
The commissioner shall enforce this part 2. A farm owner or operator or a business owner or operator shall allow the commissioner or the commissioner's designee access during regular business hours to the farm or business, vehicles, and records pertinent to activities regulated in this part 2.
(2)
The commissioner shall promulgate rules governing the enforcement of this part 2, including rules governing the inspection of farms, shell eggs, and egg products, to ensure shell eggs and egg products sold in Colorado are produced in compliance with this part 2.
(3)
The commissioner may use a government or private inspection or process verification provider to ensure compliance with this part 2. To rely on a government or private inspection or process verification provider, the commissioner must approve the specific inspection or process verification provider as competent to ensure compliance with this part 2 during both production and handling of shell eggs and egg products.
Added by 2020 Ch. 217,§ 1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1075, p. 1075, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-208 - Certification - repeal

(1)
(a)
To sell shell eggs and egg products, to offer to sell shell eggs or egg products, or to transport shell eggs or egg products for sale within the state:
(I)
A farm owner or operator must obtain a certificate that the shell eggs or egg products are produced in compliance with this part 2 from the commissioner;
(II)
A business owner or operator must obtain a copy of the certificate issued under subsection (1)(a)(I) of this section from a farm owner or operator that the shell eggs or egg products comply with this part 2. The business owner or operator shall retain the copy and provide the copy to the commissioner upon request.
(b)
The commissioner shall certify shell eggs and egg products as compliant with this part 2 if:
(I)
The enclosures for the egg-laying hens are inspected in accordance with the rules promulgated under section
35-21-207(2)
; or
(II)
The commissioner determines the shell eggs and egg products are accompanied with documentation proving the enclosures for the egg-laying hens have undergone government or private inspection and process verification services described in section
35-21-207(3)
.
(2)
The certification issued under this section expires at the end of the calendar year.
(3)
(a)
This section applies to the sale of, an offer to sell, or the transportation of shell eggs and egg products for sale within the state occurring on or after January 1, 2023.
(b)
This subsection (3) is repealed, effective January 1, 2025.
Added by 2020 Ch. 217,§1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1076, p. 1076, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 21 - EGGS (§§ 35-21-101 — 35-21-209) › Part 2 - CONFINEMENT OF EGG-LAYING HENS (§§ 35-21-201 — 35-21-209) › Section 35-21-209 - Effects on other animal welfare laws

This part 2 does not limit or replace any other state statute or rule that protects the welfare of animals. This part 2 does not preempt a local governing body from adopting and enforcing its own animal welfare ordinance, rule, resolution, or charter provision that is more stringent than this part 2.
Added by 2020 Ch. 217,§ 1, eff. 9/14/2020.
L. 2020: Entire part added, (HB 20-1343), ch. 1076, p. 1076, § 1, effective September 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › POULTRY AND RABBITS (§§ 35-20-101 — 35-22-101) › Article 22 - [Repealed] (§ 35-22-101) › Section 35-22-101 - to 35-22-113 - [Repealed]

L. 77: Entire article repealed, p. 293, § 11, effective May 26.
This article was numbered as article 10 of chapter 7, C.R.S. 1963, and was not amended prior to its repeal in 1977.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-101 - Legislative declaration

The purpose of this article is to provide the means whereby producers, shippers, carriers, buyers, and sellers of fruits, vegetables, and such other agricultural products as may be mutually agreed upon, on application, may secure prompt and efficient inspection and classification of such products. The standardization of the produce industry by means of the proper classification and grading of fruits, vegetables, and other agricultural products is recognized to be beneficial to the producer, carrier, shipper, buyer, seller, and consumer. Prompt and efficient inspection, under competent authority, furnishes the producer and the shipper prima facie evidence of quality and condition of products; it guarantees the carrier and the receiver as to the quality and condition of products carried and received by them; and it assures the ultimate consumer of the quality and condition of products purchased.
L. 31: p. 368, § 1. CSA: C. 69, § 60. CRS 53: § 7-6-1. C.R.S. 1963: § 7-5-1. L. 71: p. 155, § 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-102 - Responsible officer

The inspection in this state of fruits, vegetables, and other agricultural products, and the classification of grades thereof, shall be under the direction and control of the commissioner of agriculture.
L. 31: p. 369, § 2. CSA: C. 69, § 61. CRS 53: § 7-6-2. C.R.S. 1963: § 7-5-2. L. 71: p. 155, § 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-103 - Federal cooperation

The commissioner is empowered to enter into such agreements with the United States department of agriculture as he may determine to be necessary or advisable for the establishment of a joint state and federal inspection service in Colorado for fruits, vegetables, and other agricultural products.
L. 31: p. 369, § 3. CSA: C. 69, § 62. CRS 53: § 7-6-3. C.R.S. 1963: § 7-5-3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-104 - Employees of inspection service

Pursuant to section 13 of article XII of the state constitution, the commissioner shall employ and discharge such supervisors, deputies, inspectors, and employees as the needs of the inspection service require. Inspectors shall be experienced in the inspection of fruits, vegetables, and other agricultural products, and in commercial packing practices, and shall hold, at the time of appointment, a federal inspector's license.
L. 31: p. 369, § 4. CSA: C. 69, § 63. L. 45: p. 342, § 1. CRS 53: § 7-6-4. C.R.S. 1963: § 7-5-4. L. 71: p. 155, § 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-105 - Authority to enter business places

In carrying out the provisions of this article, the commissioner and his deputies, inspectors, and employees are authorized to enter on any business day, during the usual hours of business, any storehouse, warehouse, cold storage plant, packing house, or other building or place where fruits, vegetables, or other agricultural products are kept or stored by any person engaged in the shipping of fruits, vegetables, or other agricultural products, or to stop or inspect at any time any automobile, truck, trailer, or other vehicle transporting or containing any such fruits, vegetables, or other agricultural products.
L. 31: p. 370, § 5. CSA: C. 69, § 64. CRS 53: § 7-6-5. C.R.S. 1963: § 7-5-5. L. 71: p. 156, § 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-106 - Establishment of regulations and grades

The commissioner is empowered to establish and enforce such grades, grading rules, and regulations in addition to those established by this article, in no event less than the minimum requirements prescribed by this article, as he may deem necessary on fruits, vegetables, and other agricultural products, which shall not conflict with any provisions of this article, after a thorough investigation has been made of the needs of the particular fruit, vegetable, or other agricultural product for which grades, grading rules, and regulations are contemplated; but, whenever it is deemed advisable by the commissioner, such grades shall be the same as the grades promulgated by the United States department of agriculture. Such grades, grading rules, and regulations, before they become effective, shall be submitted for approval at one or more public meetings called for that purpose and attended by representative growers and shippers of the localities interested in the industry affected. Such meetings shall be advertised at least once in a newspaper published in such localities, one week or more prior to the meeting. Said meeting shall be presided over by the commissioner or any of his duly authorized deputies and, insofar as possible and practicable, shall be conducted at such places as can be conveniently reached by representatives of the affected industry. Grades, grading rules, and regulations, established in accordance with the provisions of this section, shall not be modified during the current shipping season of the fruit, vegetable, or other agricultural product for which they are established. In like manner the commissioner may provide for standard packages for all fruits, vegetables, and other agricultural products, but no standard packages shall be eliminated or changed without two years' notice to the industry involved.
L. 31: p. 371, § 6. CSA: C. 69, § 65. CRS 53: § 7-6-6. C.R.S. 1963: § 7-5-6. L. 71: p. 156, § 5.
For rule-making procedures, see article 4 of title 24.