2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ADMINISTRATION (§§ 25-1-101 — 25-1.5-701) › Article 1 - ADMINISTRATION (§§ 25-1-101 — 25-1-1511) › Part 1 - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-1-138) › Section 25-1-114 - Unlawful acts - penalties

(1)
It is unlawful for any person, association, or corporation, and the officers thereof:
(a)
To willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule, or regulation issued pursuant thereto; or
(b)
To fail to make or file reports required by law or rule of the board relating to the existence of disease or other facts and statistics relating to the public health; or
(c)
To conduct any business or activity over which the department possesses the power to license and regulate without such license or permit as required by the department; or
(d)
To willfully and falsely make or alter any certificate or license or certified copy thereof issued pursuant to the public health laws; or
(e)
To knowingly transport or accept for transportation, interment, or other disposition a dead body without an accompanying permit issued in accordance with the public health laws or the rules of the board; or
(f)
To willfully fail to remove from private property under his control at his own expense, within forty-eight hours after being ordered so to do by the health authorities, any nuisance, source of filth, or cause of sickness within the jurisdiction and control of the department, whether such person, association, or corporation is the owner, tenant, or occupant of such private property; except that, if such condition is due to an act of God, it shall be removed at public expense; or
(g)
To pay, give, present, or otherwise convey to any officer or employee of the department any gift, remuneration, or other consideration, directly or indirectly, which such officer or employee is forbidden to receive by the provisions of this part 1; or
(h)
To make, install, maintain, or permit any cross-connection between any water system supplying drinking water to the public and any pipe, plumbing fixture, or water system which contains water of a quality below the minimum general sanitary standards as to the quality of drinking water supplied to the public or to fail to remove such connection within ten days after being ordered in writing by the department to remove the same. For the purposes of this paragraph (h), "cross-connection" means any connection which would allow water to flow from any pipe, plumbing fixture, or water system into a water system supplying drinking water to the public.
(i)
To sell or offer for sale any raw milk, milk product, or unsanitary dairy product, as defined in section
25-5.5-104
, for other than human consumption unless it has first been treated with a dye approved by the department; or
(j)
To violate section
25-3-122
.
(2)
It is unlawful for any officer or employee of the department or member of the board to accept any gift, remuneration, or other consideration, directly or indirectly, for an incorrect or improper performance of the duties imposed upon him by or on behalf of the department.
(3)
It is unlawful:
(a)
For any officer or employee of the department to perform any work, labor, or services other than the duties assigned to him by or on behalf of the department during the hours such officer or employee is regularly employed by the department, or to perform his duties as an officer or employee of the department under any condition or arrangement that involves a violation of this or any other law of the state of Colorado;
(b)
For any officer or employee of the department other than members of the board to perform any work, labor, or services which consist of the private practice of medicine, veterinary surgery, sanitary engineering, nursing, or any other profession which is or may be of special benefit to any private person, association, or corporation as distinguished from the department or the public generally, and which is performed by such officer or employee, directly or indirectly, for remuneration, whether done in an active, advisory, or consultative capacity or performed within or without the hours such officer or employee is regularly employed by the department.
(4)
Except as provided in subsection (5) of this section, any person, association, or corporation, or the officers thereof, who violates any provision of this section commits a class 2 misdemeanor and is also liable for any expense incurred by health authorities in removing any nuisance, source of filth, or cause of sickness. Conviction under the penalty provisions of this part 1 or any other public health law shall not relieve any person from any civil action in damages that may exist for an injury resulting from any violation of the public health laws.
(5)
(a)
It is unlawful for any person, association, or corporation, or the officers thereof, to tamper, attempt to tamper, or threaten to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system. For purposes of this subsection (5), "tamper" means to introduce a contaminant into a public water system or into drinking water or to otherwise interfere with drinking water or the operation of a public water system with the intention of harming persons or the public water system. "Tamper" does not include the standardized and accepted treatment procedures performed by a supplier of water in preparing water for human consumption.
(b)
(I)
Any person, association, or corporation, or the officers thereof, who tampers with a public water system or with drinking water after its withdrawal for or treatment by a public water system commits a class 3 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
(II)
Any person, association, or corporation, or the officers thereof, who attempts to tamper or threatens to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system commits a class 5 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
(III)
Conviction under this subsection (5) shall not relieve any person from a civil action initiated pursuant to section
25-1-114.1
.
Amended by 2021 Ch. 462, § 441, eff. 3/1/2022.
Amended by 2019 Ch. 171, § 7, eff. 1/1/2020.
L. 47: p. 515, § 12. CSA: C. 78, § 21(13). CRS 53: § 66-1-14. C.R.S. 1963: § 66-1-14. L. 64: p. 478, § 2. L. 75: (1)(i) added, p. 870, § 2, effective June 20. L. 86: (1)(i) amended, p. 1220, § 25, effective May 30. L. 87: (4) amended and (5) added, p. 610, § 21, effective July 1. L. 2002: (5)(b)(I) and (5)(b)(II) amended, p. 1536, § 262, effective October 1. L. 2019: (1)(j) added, (HB 19-1174), ch. 1995, p. 1995, § 7, effective 1/1/2020. L. 2021: (4) amended, (SB 21-271), ch. 3232, p. 3232, § 441, 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).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.