reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 4 - PURE FOOD AND DRUG LAW (§§ 25-5-401 — 25-5-427) › Section 25-5-417 - Misbranding of cosmetics

(1)
A cosmetic shall be deemed to be misbranded:
(a)
If its labeling is false or misleading in any particular;
(b)
If its labeling or packaging fails to conform with the requirements of section
25-5-419
;
(c)
If in package form, unless it bears a label containing the name and place of business of the manufacturer, packer, or distributor and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; but, as to such terms of quantity required, reasonable variations shall be permitted and exemptions as to small packages shall be established by regulation prescribed by the department or under the federal act;
(d)
If any word, statement, or other information required by or under authority of this part 4 to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(e)
If its container is so made, formed, or filled as to be misleading;
(f)
If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed in regulations under the provisions of the federal act. This paragraph (f) shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes as defined in section
25-5-416(1)(a)
.
(2)
A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed is exempted from the affirmative labeling requirements of this part 4 while it is in transit in commerce from one establishment to the other if such transit is made in good faith for such completion purposes only; but such cosmetic is otherwise subject to all applicable provisions of this part 4.
L. 57: p. 438, § 17. CRS 53: § 66-22-17. C.R.S. 1963: § 66-20-17. L. 70: p. 208, § 12.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 4 - PURE FOOD AND DRUG LAW (§§ 25-5-401 — 25-5-427) › Section 25-5-418 - Advertisements

(1)
An advertisement of a food, drug, device, or cosmetic is deemed to be false if it is false or misleading in any particular.
(2)
For the purpose of this part 4, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, arthritis, baldness, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, rheumatism, scarlet fever, sexual impotence, sexually transmitted infections, sinus infection, smallpox, tuberculosis, tumors, typhoid, or uremia shall also be deemed to be false; except that no advertisement not in violation of subsection (1) of this section shall be deemed to be false under this subsection (2) if it is disseminated only to members of the medical, dental, chiropractic, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; but, if the department determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection (2), the department shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the department may deem necessary in the interests of public health; except that this subsection (2) shall not be construed as indicating that self-medication for any diseases is safe or efficacious.
L. 57: p. 439, § 18. CRS 53: § 66-22-18. C.R.S. 1963: § 66-20-18. L. 2009: (2) amended, (SB 09-179), ch. 112, p. 476, §24, effective April 9.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 4 - PURE FOOD AND DRUG LAW (§§ 25-5-401 — 25-5-427) › Section 25-5-422 - Reports and information

(1)
The department may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this part 4, including the nature of the charge and the disposition thereof.
(2)
The department may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the department deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.
L. 57: p. 440, § 21. CRS 53: § 66-22-21. C.R.S. 1963: § 66-20-21.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 4 - PURE FOOD AND DRUG LAW (§§ 25-5-401 — 25-5-427) › Section 25-5-423 - Cooperation with federal agencies

The department is authorized to confer and cooperate with the federal food and drug administration in the enforcement of the federal act and the United States department of agriculture in the enforcement of the "Federal Meat Inspection Act",
21 U.S.C. secs. 603
-
623
, as amended, as they may apply to foods, drugs, devices, and cosmetics received in this state from other states, territories, or foreign countries.
Amended by 2020 Ch. 216, § 55, eff. 6/30/2020.
L. 57: p. 441, § 22. CRS 53: § 66-22-22. C.R.S. 1963: § 66-20-22. L. 2020: Entire section amended, (HB 20-1402), ch. 1055, p. 1055, § 55, effective June 30.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 4 - PURE FOOD AND DRUG LAW (§§ 25-5-401 — 25-5-427) › Section 25-5-424 - Review

Any person aggrieved by a decision of the department, and affected thereby, is entitled to judicial review pursuant to section
25-1-113
.
L. 57: p. 441, § 23. CRS 53: § 66-22-23. C.R.S. 1963: § 66-20-23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 4 - PURE FOOD AND DRUG LAW (§§ 25-5-401 — 25-5-427) › Section 25-5-425 - Application of part 4

The powers in this part 4 vested in the department are declared to be cumulative and in addition to and not in exclusion nor derogation nor limitation of the powers vested by law in the department, or in any other department of this state, or in any board or commission established by law, or in any law enforcement authority of this state.
L. 57: p. 441, § 24. CRS 53: § 66-22-24. C.R.S. 1963: § 66-20-24.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-501 - Short title

This part 5 shall be known and may be cited as the "Colorado Hazardous Substances Act of 1973".
L. 73: R&RE, p. 697, § 1. C.R.S. 1963: § 66-21-1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-503 - Prohibited acts

(1)
The following acts and the causing thereof are hereby prohibited:
(a)
The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance;
(b)
The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance if such act is done while the substance is in commerce, or while the substance is held for sale (whether or not the first sale) after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;
(c)
The receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise;
(d)
The giving of a guarantee or undertaking referred to in section
25-5-504(2)
, which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance;
(e)
The failure to permit entry, inspection, or sampling as authorized by section
25-5-509
or to permit access to and copying of any record as authorized by section
25-5-510
;
(f)
The removing or disposing of a detained or embargoed article by sale or otherwise without permission of an authorized agent or court;
(g)
The introduction or delivery for introduction into commerce or the receipt in commerce and subsequent delivery or proffered delivery, for pay or otherwise, of a hazardous substance in a reused food, drug, or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph (g), the terms "food", "drug", and "cosmetic" shall have the same meanings as in the "Colorado Food and Drug Act".
(h)
The use by any person to his own advantage or the revealing, other than to the executive director or officers or employees of the department or to the courts when relevant in any judicial proceeding under this part 5, of any information acquired under authority of section
25-5-509
concerning any method or process which as a trade secret is entitled to protection.
L. 73: R&RE, p. 701, § 1. C.R.S. 1963: § 66-21-3.
For the "Colorado Food and Drug Act", see part 4 of this article 5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-504 - Penalties

(1)
Any person who violates any of the provisions of section
25-5-503
commits a class 2 misdemeanor. Each violation shall be considered a separate offense.
(2)
No person shall be subject to the penalties of this section for having violated section
25-5-503 (1)(c)
if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless he refuses to furnish on request of an officer or employee, duly designated by the executive director, the name and address of the person from whom he purchased or received such hazardous substance and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to him; or for having violated section
25-5-503 (1)(a)
if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this part 5.
Amended by 2021 Ch. 462, § 460, eff. 3/1/2022.
L. 73: R&RE, p. 702, § 1. C.R.S. 1963: § 66-21-4. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3236, § 460, effective 3/1/2022.
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).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-505 - Injunction proceedings

In addition to the remedies provided in this part 5, the executive director is authorized to apply to the district court for a temporary or permanent injunction restraining any person from violating any provision of section
25-5-503
, irrespective of whether or not there exists an adequate remedy at law.
L. 73: R&RE, p. 703, § 1. C.R.S. 1963: § 66-21-5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-506 - Embargo and seizure

(1)
Whenever a duly authorized agent of the department finds or has probable cause to believe that any hazardous substance is misbranded or is a banned hazardous substance within the meaning of this part 5, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, misbranded or is a banned hazardous substance and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the district court.
(2)
When an article detained or embargoed under subsection (1) of this section has been found by such agent to be misbranded or a banned hazardous substance, he shall petition the district court in whose jurisdiction the article is detained or embargoed for an order for condemnation of such article. When such agent has found that an article so detained or embargoed is not misbranded or is not a banned hazardous substance, he shall remove the tag or other marking.
(3)
If the court finds that a detained or embargoed article is misbranded or is a banned hazardous substance, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under supervision of the agent, and all court costs and fees and storage and other proper expenses shall be taxed against the claimant of such article or his agent; except that, when the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling under the supervision of an agent of the department. The expense of such supervision shall be paid by the claimant. The article shall be returned to the claimant on the representation to the court by the executive director that the article is no longer in violation of this part 5 and that the expenses of such supervision have been paid.
L. 73: R&RE, p. 703, § 1. C.R.S. 1963: § 66-21-6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-507 - Duties of district attorney

(1)
It is the duty of each district attorney to whom the executive director reports any violation of this part 5 to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
(2)
Before any violation of this part 5 is reported to any such district attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the executive director or his designated agent, either orally or in writing, or by attorney, with regard to such contemplated proceeding.
L. 73: R&RE, p. 703, § 1. C.R.S. 1963: § 66-21-7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-509 - Examinations - investigations

(1)
For the purposes of enforcement of this part 5, officers or employees duly designated by the executive director, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized to enter, at reasonable times, any factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into commerce or are held after such introduction or to enter any vehicle being used to transport or hold such hazardous substances in commerce; to inspect, at reasonable times, and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, and labeling therein; and to obtain samples of such materials, or packages thereof, and of such labeling.
(2)
If the officer or employee obtains any sample prior to leaving the premises, he shall pay or offer to pay the owner, operator, or agent in charge for such sample and give a receipt describing the sample obtained. If analysis is made of such sample, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.
L. 73: R&RE, p. 705, § 1. C.R.S. 1963: § 66-21-9.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-510 - Records of shipment

For the purpose of enforcing the provisions of this part 5, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the executive director, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it is unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates. Evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained; and carriers shall not be subject to the other provisions of this part 5 by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.
L. 73: R&RE, p. 705, § 1. C.R.S. 1963: § 66-21-10.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-511 - Publicity

(1)
The executive director may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under this part 5, including the nature of the charge and the disposition thereof.
(2)
The executive director may also cause to be disseminated information regarding hazardous substances in situations involving, in the opinion of the executive director, imminent danger to health. Nothing in this section shall be construed to prohibit the executive director from collecting, reporting, and illustrating the results of the investigations of the department.
L. 73: R&RE, p. 705, § 1. C.R.S. 1963: § 66-21-11.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 5 - HAZARDOUS SUBSTANCES (§§ 25-5-501 — 25-5-512) › Section 25-5-512 - Exception - discretion as to reporting

(1)
Nothing in this part 5 shall be construed as:
(a)
Applicable to any person or corporation if the safety of his or its product or service is already regulated by any agency of the state of Colorado;
(b)
Requiring the executive director to report minor violations of this part 5 for the institution of proceedings under this part 5 whenever the executive director believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
L. 73: R&RE, p. 706, § 1. C.R.S. 1963: § 66-21-12.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 6 - SALE OF EYEGLASSES AND SUNGLASSES (§ 25-5-601) › Section 25-5-601 - to 25-5-604 - [Repealed]

L. 90: Entire part repealed, p. 1319, § 2, effective July 1.
This part 6 was numbered as article 33 of chapter 66, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 7 - [Repealed] (§ 25-5-701) › Section 25-5-701 - to 25-5-721 - [Repealed]

Repealed by 2019 Ch. 136,§3, eff. 10/1/2019.
Renumbered by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 65: p. 709, § 1. C.R.S. 1963: § 66-25-1. L. 76: Entire section amended, p. 660, § 1, effective May 27. L. 77: Entire section amended, p. 1288, § 2, effective July 1. L. 83: Entire section amended, p. 1071, § 1, effective May 25. L. 93: Entire section amended, p. 1533, § 3, effective July 1.
(1) This part 7 was numbered as article 25 of chapter 66, C.R.S. 1963. This part 7 was relocated to article
150
of title
12
. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
(2) Sections 25-5-702 (4.5), (6), and (7); 25-5-704(1)(d) and (1)(k); 25-5-706 IP(2), (2)(b)(I), and (2)(b)(II); and 25-5-721 were amended in SB 19-159. Those amendments were superseded by the repeal of this part 7 in HB 19-1172, effective October 1, 2019. For the amendments in SB 19-159 in effect from May 17, 2019, to October 1, 2019, see chapter 209, Session Laws of Colorado 2019. (L. 2019, pp. 2209, 2210.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-801 - Definitions

As used in this part 8, unless the context otherwise requires:
(1)
"Natural swimming area" means a designated portion of a natural or impounded body of water in which the designated portion is devoted to swimming, recreative bathing, or wading and for which an individual is charged a fee for the use of such area for such purposes. Appurtenances used in connection with the natural swimming area shall also be included.
(2)
"Swimming area" means a designated body of water of such volume and depth that one or more persons can swim in it and which is used for the purpose of swimming, recreative bathing, or wading and includes natural swimming areas and swimming pools.
(3)
"Swimming pool" means a body of water, other than a natural swimming area, maintained exclusively for swimming, recreative bathing, or wading and includes appurtenances used in connection with the swimming pool.
L. 63: p. 541, § 1. C.R.S. 1963: § 66-22-1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-802 - Submission of plans and specifications

Prior to the construction, extension, enlarging, remodeling, or modification of a swimming area, the plans and specifications for the work to be done shall be submitted for review and recommendation to the department of public health and environment by the owner of the swimming area. The department of public health and environment may direct that such plans and specifications be submitted to the municipality or other political subdivision in which the swimming area is or may be located rather than to the department of public health and environment. This section does not prohibit any municipality from requiring that the plans also be submitted to the proper authority of the municipality.
L. 63: p. 541, § 2. C.R.S. 1963: § 66-22-2. L. 94: Entire section amended, p. 2778, § 485, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-803 - Sanitation of swimming areas

(1)
A swimming area shall be kept clean and free of all accumulations of trash, garbage, filth, and debris. Concentrations of any other matter in the water shall not be injurious to health.
(2)
All swimming areas shall provide separate toilet facilities for both males and females, and swimming pools shall also provide separate shower and locker room facilities; except that swimming pools used in connection with hotels, motels, apartment houses, and private clubs shall not be required to furnish separate shower, toilet, and locker room facilities. All such facilities shall be kept clean and free from dirt, refuse, soiled toweling, or other noxious material.
(3)
A swimming pool shall have an apparatus for the continuous removal from the water of suspended, floating, and settleable substances. Equipment for the disinfection of water shall be provided that shall be capable of either maintaining a minimum concentration of not less than twenty-five hundredths part per million of free chlorine residual or maintaining the minimum standards for drinking water in effect on January 1, 1969, as specified by the public health service of the United States department of health, education, and welfare. The water shall be kept clear enough to permit the bottom of the pool to be visible from the surface.
L. 63: p. 542, § 3. C.R.S. 1963: § 66-22-3. L. 69: p. 470, § 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-804 - Safety standards for swimming areas

(1)
All natural swimming areas shall have a sanded beach the slope of which shall not be steeper than one foot of fall to ten feet of horizontal distance and shall be posted with warning signs, buoys, or other markers located not more than one hundred feet apart and visible to a person of ordinary visual acuity at a distance of not less than one hundred feet to mark water over three feet in depth and to mark the exterior limits of the designated swimming area. There shall also be provided not less than one life ring fifteen inches in diameter with seventy-five feet of three-sixteenths inch manila line attached which shall be hung in a conspicuous place on the beach where it shall be kept readily available for use. Each natural swimming area shall also have not less than one square-sterned boat with oars and oarlocks which shall be used only for lifesaving purposes. All other floating craft shall be excluded from the swimming areas except for enforcement craft when necessary to provide adequate supervision. When night swimming is permitted in the natural swimming area, the beach shall be fully illuminated.
(2)
The diving tower or springboard, when provided, shall be rigidly constructed and securely anchored.
(3)
Swimming pools shall be equipped with not less than one lightweight reaching pole of not less than twelve feet in length and not less than one life ring fifteen inches in diameter with seventy-five feet of three-sixteenths inch manila line attached, both of which shall be kept in a conspicuous place readily available to persons in the pool. When night swimming is permitted, the pool, adjacent area, and all appurtenances shall be fully illuminated.
L. 63: p. 542, § 4. C.R.S. 1963: § 66-22-4.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-805 - Connection with potable water

All potable water supply sources connected to the swimming pool or pool appurtenances shall be protected against contamination by means of an air gap or equivalent device, and such device shall be placed between the source of the potable water supply and the pool or pool appurtenance.
L. 63: p. 543, § 5. C.R.S. 1963: § 66-22-5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-806 - Inspection

All swimming areas shall be open to inspection at any time they are in use and at any other reasonable time by agents of the department of public health and environment.
L. 63: p. 543, § 6. C.R.S. 1963: § 66-22-6. L. 94: Entire section amended, p. 2779, § 486, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-807 - Injunctive relief

The operation of a swimming area in violation of any provision of this part 8 may be restrained by the executive director of the department of public health and environment; by any city, county, city and county, or district health officer; or by any of their authorized agents in an action brought in a court of competent jurisdiction pursuant to the Colorado rules of civil procedure.
L. 63: p. 543, § 7. C.R.S. 1963: § 66-22-7. L. 94: Entire section amended, p. 2779, § 487, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-808 - Municipalities may regulate

Any city, town, or city and county may by ordinance regulate swimming areas. Any such ordinance may include standards which are the same or more restrictive than the standards set forth in this part 8 but shall not supersede the state law except insofar as they are more restrictive than the state standards.
L. 63: p. 543, § 8. C.R.S. 1963: § 66-22-8. L. 69: p. 471, § 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-809 - Applicability of part 8

This part 8 shall not apply to any swimming pool constructed in connection with or appurtenant to a single-family dwelling, condominium, or apartment house, which pool is used solely by the persons living within such dwelling, condominium, or apartment house and the guests of such persons.
L. 63: p. 543, § 9. C.R.S. 1963: § 66-22-9.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 8 - SWIMMING AREAS (§§ 25-5-801 — 25-5-810) › Section 25-5-810 - Rules and regulations

The department of public health and environment may adopt any rules and regulations necessary for the proper administration and enforcement of this part 8.
L. 63: p. 543, § 10. C.R.S. 1963: § 66-22-10. L. 94: Entire section amended, p. 2779, § 488, effective July 1.
(1) For rule-making procedures, see article 4 of title 24. (2) For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 9 - DANGEROUS DRUGS - THERAPEUTIC USE (§ 25-5-901) › Section 25-5-901 - to 25-5-907 - [Repealed]

L. 95: Entire part repealed, p. 203, § 19, effective April 13.
This part 9 was added in 1979.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1001 - Short title

This part 10 shall be known and may be cited as the "Artificial Tanning Device Operation Act".
L. 92: Entire part added, p. 1284, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1002 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that injuries may result from improperly supervised use of artificial tanning devices which expose the human body to ultraviolet radiation. Artificial tanning devices may emit more than ten times the amount of ultraviolet radiation than normal exposure to the sun. Injuries from intense exposure may result in cases of premature aging, adverse reactions to medication, skin burns, eye burns, retinal damage, formation of cataracts, precancers, and the promotion of several types of skin cancers including, but not limited to, melanoma.
(2)
The general assembly further finds, determines, and declares that artificial tanning device users may be unaware of and lack access to information that they may experience a heightened photosensitivity to artificial tanning as a result of the use of medications such as birth control pills, antibiotics, high blood pressure medications, diuretics, antihistamines, and oral diabetes medications; commonly available cosmetics; and certain citrus products such as limes.
(3)
The general assembly further finds, determines, and declares that establishments which provide users with access to artificial tanning devices may fail to establish basic sanitary precautions against the transmission of communicable skin disorders, may fail to protect the user from either direct contact with bulbs or from shards of glass if a bulb explodes, and may fail to provide users with appropriate health or physical safety information.
L. 92: Entire part added, p. 1284, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1003 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Artificial tanning device" means any equipment that emits ultraviolet radiation with wavelengths in the air between two hundred and four hundred nanometers and that is used for the tanning of human skin, including, but not limited to, sunlamps, tanning beds, and tanning booths. "Artificial tanning device" does not include phototherapy devices.
(2)
"Board" means the state board of health.
(3)
"Department" means the department of public health and environment.
(4)
"Fund" means the artificial tanning device education fund created in section
25-5-1004
.
(5)
"Phototherapy device" means a piece of equipment that emits ultraviolet radiation and that is used by or under the supervision of a licensed health-care professional in the treatment of disease.
(6)
"Tanning facility" means any location, premises, place, area, structure, or business, whether permanent or mobile, which provides persons access to artificial tanning devices.
(7)
"Ultraviolet radiation" means electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers.
L. 92: Entire part added, p. 1285, § 1, effective July 1. L. 94: (3) amended, p. 2779, § 489, effective July 1.
For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1004 - Registration required - fee - artificial tanning device education fund - creation

(1)
Commencing January 1, 1993, and on each January 1 thereafter, the owner of any artificial tanning facility which makes artificial tanning devices available for public use shall register said facility with the department.
(2)
(a)
The registration of each artificial tanning facility as required in subsection (1) of this section shall be accompanied by an annual registration fee for each artificial tanning facility in the amount of one hundred twenty dollars for each calendar year. The annual registration fee shall be prorated on a monthly basis for any initial registration received after January 1 of any year.
(b)
Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (2), the board by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section
24-75-402(3)
, C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of the fee as provided in section
24-75-402(4)
, C.R.S.
(3)
All fees shall be collected by the department and transmitted to the state treasurer, who shall credit the same to the artificial tanning device education fund, which fund is hereby created. The fund shall be comprised of the annual registration fees. In accordance with section
24-36-114
, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund. The moneys in the fund shall be annually appropriated by the general assembly to the department for the direct and indirect costs of the administration and implementation of the provisions of this part 10.
L. 92: Entire part added, p. 1285, § 1, effective July 1. L. 98: (2) amended, p. 1334, § 47, effective June 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1005 - Exemptions

(1)
The following devices are exempt from the requirements of this part 10:
(a)
Artificial tanning devices which are used exclusively for personal, noncommercial purposes by the owner, members of the owner's family, or persons authorized by the owner to use the device;
(b)
Phototherapy devices used by or under the supervision of a licensed physician or other licensed health-care professional within the scope of such person's practice for the purposes of treating diseases; and
(c)
Artificial tanning devices which are in transit or storage and are not made available for use during such transit or storage.
(2)
Nothing in this section shall be construed to mean that the department endorses any type of artificial tanning device, any location of such devices, any business which provides artificial tanning devices for use by the public, or the use of any such devices.
L. 92: Entire part added, p. 1286, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1006 - Rule-making authority - board

(1)
The standards established by the United States food and drug administration shall be the minimum standards for exposure to radiation through an artificial tanning device in this state; except that the board may establish rules adopting standards for exposure to radiation through artificial tanning devices which are no less stringent than the federal standards.
(2)
(a)
The board may, by rule, adopt any further standards or regulations necessary to protect the public from unsafe artificial tanning devices or other unsafe equipment, and from unsafe operational methods, and any such other rules and regulations as are necessary for the implementation of this part 10.
(b)
The board shall formulate, adopt, and promulgate rules and regulations concerning on-site inspections of tanning facilities, and the department shall conduct such on-site inspections in accordance with the rules and regulations promulgated under this paragraph (b).
L. 92: Entire part added, p. 1286, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1007 - Owner responsibilities

(1)
The owner of each registered artificial tanning device shall provide to the department such information concerning the safe and proper operation of the owner's artificial tanning device as is required by this part 10.
(2)
The owner shall post a sign on the premises where the artificial tanning device is located which notifies operators and potential users of the safety and health risks associated with the use of such devices. The board shall establish standards concerning the information to be contained in said notice and the size and location of posting the notice on the premises. Said notice shall be of a size and in a location on the premises which allows it to be easily read by users before being exposed to the artificial tanning device.
(3)
The owner shall provide each user with a written handout as specified by the board containing, at a minimum, the following information:
(a)
The risks of potential negative health effects as a result of improperly supervised exposure to ultraviolet radiation and the general health and sanitation risks associated with the use of such devices;
(b)
The risks of potential negative health effects as a result of exposure to ultraviolet radiation while in poor health or on certain medications; and
(c)
Specific safety and operation information on the artificial tanning device which is to be used.
(4)
The owner shall provide to users the safety equipment required by the board.
(5)
The owner shall provide and maintain such general sanitation and cleaning of equipment as required by the board.
(6)
The owner shall inform the department of any accident or adverse reaction to the use of an artificial tanning device and provide such detailed information as required by the department. A written report in the format required by the department shall be submitted within fifteen days after discovery of the event. Any records, reports, or information obtained from a person pursuant to the provisions of this subsection (6) shall be closed and confidential.
(7)
No owner, employee, or operator of any artificial tanning device or tanning facility shall advertise or promote that the use of any artificial tanning device is safe or without risk to the user or that registration with the department constitutes approval or endorsement of either the use of the device or the use of artificial tanning in general.
L. 92: Entire part added, p. 1287, § 1, effective July 1.
In 1995, the provisions of subsection (3) were renumbered on revision to conform to statutory format.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5.5-312) › Article 5 - PRODUCTS CONTROL AND SAFETY (§§ 25-5-101 — 25-5-1506) › Part 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1008 - Complaints - investigation

The department shall have the authority to investigate complaints regarding any injury, accident, or the unsafe operation of an artificial tanning device.
L. 92: Entire part added, p. 1288, § 1, effective July 1.