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 10 - ARTIFICIAL TANNING DEVICES (§§ 25-5-1001 — 25-5-1011) › Section 25-5-1009 - Penalties

(1)
Upon a finding by the board that an owner or lessee of a tanning facility is in violation of any of the provisions of this part 10, or the standards, rules, or regulations adopted by the board pursuant to this part 10, the board may assess a penalty of up to two hundred dollars for each day of violation, and each day of violation shall be considered a separate offense. Actions may be brought by the attorney general in the district court of the district within which the tanning device is located. In determining the amount of the penalty, the board shall consider the degree of danger to the public caused by the violation, the duration of the violation, and whether the owner or lessee has committed any similar violations. Any penalty fees collected by the board shall be remitted to the state treasurer, who shall credit the same to the tanning device education fund, created in section
25-5-1004
.
(2)
An owner or lessee subject to a penalty assessment pursuant to this section may appeal the penalty to the board by requesting a hearing before the board. Such a request shall be filed within thirty days after the penalty assessment is issued. A hearing before the board shall be conducted in accordance with article
4
of title
24
, C.R.S.
L. 92: Entire part added, p. 1288, § 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 25-5-1010 - Enforcement

(1)
(a)
Whenever the department has reasonable cause to believe a violation of this part 10 or any rule made pursuant to this part 10 has occurred and immediate enforcement is deemed necessary, the department may issue a cease-and-desist order, which may require any person to cease violating any provision of this part 10 or any rule made pursuant to this part 10. 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 be ceased forthwith.
(b)
In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the department may apply to the district court of the district within which the tanning device is located for a temporary or permanent injunction restraining any person from violating any provision of this part 10 regardless of whether there is an adequate remedy at law.
(c)
No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
(2)
Whenever it appears to the department, upon evidence satisfactory to the department, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this part 10 or of any rule or of any order promulgated under this part 10, the department may apply to the district court of the district within which the tanning device is located to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this part 10 or any rule or order promulgated under this part 10. In any such action, the department 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 department to post a bond.
(3)
It is a violation of this part 10 for:
(a)
Any person to knowingly operate a tanning facility without having registered said facility with the department in accordance with the provisions of this part 10;
(b)
Any person to offer for use to the public any artificial tanning device which is not registered with the department as required by the provisions of this part 10;
(c)
Any person to violate any provision of this part 10 or any provision of any standards, rules, or regulations adopted by the board;
(d)
Any person to refuse to permit entry for the purpose of inspection of a tanning facility during normal business hours.
L. 92: Entire part added, p. 1289, § 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 25-5-1011 - Assumption of risk inapplicable

In any civil action for damages for an injury sustained as the result of the use of an artificial tanning device, it shall be presumed that the defense of assumption of risk as set forth in section
13-21-111.7
, C.R.S., shall not apply if the owner has failed to provide the injured party with the written handout or the safety equipment as required by section
25-5-1007
, or if the owner has failed to provide a safe artificial tanning device.
L. 92: Entire part added, p. 1290, § 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 11 - PREVENTION, INTERVENTION, AND REDUCTION OF LEAD EXPOSURE (§§ 25-5-1101 — 25-5-1106) › Section 25-5-1101 - Legislative declaration

(1)
(a)
The general assembly hereby declares that this part 11 is enacted for the purpose of reducing exposure of children to lead hazards and reducing the prevalence of elevated blood lead levels in children under seven years of age. The general assembly finds and determines that:
(I)
Exposure of children to lead represents a significant environmental health problem in the state that is preventable;
(II)
The existence of elevated blood lead levels in children is of great concern to the citizens of Colorado because lead poisoning in children may necessitate large expenditures of public funds for health care and special education, which expenditures could be avoided if exposure of children to lead is reduced;
(III)
A comprehensive lead hazard reduction program is needed to prevent elevated blood lead levels in children and, if implemented, such program could prevent hundreds of Colorado's children, many of whom currently go undiagnosed or untreated, from being exposed to lead at levels believed to be harmful.
(b)
Therefore, it is the intent of the general assembly to establish and fund a statewide lead hazard prevention, intervention, and reduction program within the department of public health and environment for the purposes of:
(I)
Compiling information concerning the prevalence, causes, and geographic occurrence of elevated levels of lead in children's blood;
(II)
Identifying areas of the state where children's lead exposures are significant;
(III)
Analyzing lead information and, where indicated, designing and implementing a program of medical monitoring and follow-up and environmental intervention that will reduce the incidence of excessive exposure of children to lead in residences and child-occupied facilities in Colorado; and
(IV)
Providing comprehensive educational materials that are targeted to health-care providers, child care providers, schools, parents of young children, the real estate industry, and owners of rental properties.
L. 97: Entire part added, p. 1083, § 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 11 - PREVENTION, INTERVENTION, AND REDUCTION OF LEAD EXPOSURE (§§ 25-5-1101 — 25-5-1106) › Section 25-5-1102 - Definitions

As used in this part 11, unless the context otherwise requires:
(1)
"Child-occupied facility" has the same meaning as that set forth in section
25-7-1102(2)
.
(2)
"Department" means the department of public health and environment.
(3)
"Lead-based paint" has the same meaning as that set forth in section
25-7-1102(5)
.
L. 97: Entire part added, p. 1084, § 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 11 - PREVENTION, INTERVENTION, AND REDUCTION OF LEAD EXPOSURE (§§ 25-5-1101 — 25-5-1106) › Section 25-5-1103 - Lead hazard reduction program

There is hereby created the lead hazard reduction program in the department of public health and environment to perform prevention, intervention, and general hazard reduction activities needed to reduce exposure of children to lead-based paint hazards. As part of the program, the department shall coordinate actions between the department and the departments of education, human services, health care policy and financing, and local affairs to produce a comprehensive plan and program to prevent elevated blood lead levels in children and to control exposure to lead-based paint hazards in residences and child-occupied facilities in Colorado. The provisions of this part 11 apply only to lead-based paint hazards.
L. 97: Entire part added, p. 1084, § 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 11 - PREVENTION, INTERVENTION, AND REDUCTION OF LEAD EXPOSURE (§§ 25-5-1101 — 25-5-1106) › Section 25-5-1104 - Comprehensive plan

(1)
On or before July 1, 1998, the department shall establish a comprehensive plan to prevent elevated blood lead levels in children and to control exposure of children to lead-based paint hazards in residences and child-occupied facilities. The plan shall include:
(a)
Development of standards by the state board of health concerning the method and frequency of screening of young children for elevated blood lead levels. The state board of health shall consult with recognized medical, public health, and environmental professionals and appropriate professional organizations in the development of such standards.
(b)
Development of a comprehensive education program regarding lead contamination that makes appropriate educational materials available to health-care providers, child care providers, schools, owners and tenants of residential dwellings built prior to 1978, and parents of young children;
(c)
Case management and environmental follow-up services by state or local health agencies to ensure that all cases of elevated blood lead levels in children receive service appropriate for the severity of the lead exposure;
(d)
Recommendations concerning further legislative actions to address lead exposure, including, but not limited to, requiring third-party insurers or payers, including medicaid, to provide coverage for screening, treatment, environmental investigations, and environmental intervention;
(e)
Proposed regulations governing the requirement, timing, and conduct of environmental investigations and interventions; and
(f)
A detailed fiscal analysis of the lead hazard reduction program.
L. 97: Entire part added, p. 1085, § 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 11 - PREVENTION, INTERVENTION, AND REDUCTION OF LEAD EXPOSURE (§§ 25-5-1101 — 25-5-1106) › Section 25-5-1105 - [Repealed]

L. 97: Entire part added, p. 1085, § 1, effective July 1. L. 2008: Entire section repealed, p. 1907, § 101, effective August 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 11 - PREVENTION, INTERVENTION, AND REDUCTION OF LEAD EXPOSURE (§§ 25-5-1101 — 25-5-1106) › Section 25-5-1106 - Acceptance of gifts, grants, and donations - lead hazard reduction cash fund

(1)
The department is authorized to accept gifts, grants, and donations for the purpose of implementing this part 11 and part 11 of article
7
of this title.
(2)
There is hereby established in the state treasury the lead hazard reduction cash fund, referred to in this part 11 as the "fund". The fund shall consist of any fees, gifts, grants, and donations received from any person or entity. Any interest derived from the deposit and investment of moneys in the fund shall remain in the fund and may not be credited or transferred to the general fund or any other fund.
(3)
The general assembly shall make appropriations from the fund to the department for the implementation of this part 11 and the implementation of part 11 of article
7
of this title.
Amended by 2013 Ch. 316,§ 76, eff. 8/7/2013.
L. 97: Entire part added, p. 1085, § 1, effective July 1. L. 2013: (3) amended, (HB 13-1300), ch. 316, p. 1688, § 76, effective August 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 12 - PERSONAL CARE PRODUCTS CONTAINING MICROBEADS (§§ 25-5-1201 — 25-5-1204) › Section 25-5-1201 - Preemption

The prohibition against producing, manufacturing, selling, and promoting personal care products that contain synthetic plastic microbeads is a matter of statewide concern, and, accordingly, this part 12 preempts any conflicting county or municipal ordinance, rule, or order.
Added by 2015 Ch. 53,§ 1, eff. 8/5/2015.
L. 2015: Entire part added, (HB 15-1144), ch. 53, p. 128, § 1, effective August 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 12 - PERSONAL CARE PRODUCTS CONTAINING MICROBEADS (§§ 25-5-1201 — 25-5-1204) › Section 25-5-1202 - Definitions

As used in this part 12:
(1)
"Over-the-counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug, as required by and meeting the labeling requirements of
21 CFR 201.66
.
(2)
(a)
"Personal care product" means:
(I)
Any article intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance of a person; and
(II)
Any item intended to be used as a component of an article listed in subparagraph (I) of this paragraph (a).
(b)
"Personal care product" does not include prescription drugs.
(3)
"Plastic" means a synthetic material made by linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during the life cycle and after disposal.
(4)
"Synthetic plastic microbead" means an intentionally added, nonbiodegradable, solid plastic particle measuring less than five millimeters in size intended to aid in exfoliating or cleansing as part of a rinse-off product.
Added by 2015 Ch. 53,§ 1, eff. 8/5/2015.
L. 2015: Entire part added, (HB 15-1144), ch. 53, p. 128, § 1, effective August 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 12 - PERSONAL CARE PRODUCTS CONTAINING MICROBEADS (§§ 25-5-1201 — 25-5-1204) › Section 25-5-1203 - Personal care products containing microbeads - production, manufacture, and sale prohibited

(1)
On and after January 1, 2018, a person shall not produce or manufacture in this state a personal care product containing synthetic plastic microbeads, except for an over-the-counter drug.
(2)
On and after January 1, 2019, a person shall not:
(a)
Accept for sale in this state a personal care product that contains synthetic plastic microbeads, except for an over-the-counter drug; or
(b)
Produce or manufacture in this state an over-the-counter drug that contains synthetic plastic microbeads.
(3)
On and after January 1, 2020, a person shall not accept for sale in this state an over-the-counter drug that contains synthetic plastic microbeads.
Added by 2015 Ch. 53,§ 1, eff. 8/5/2015.
L. 2015: Entire part added, (HB 15-1144), ch. 53, p. 129, § 1, effective August 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 12 - PERSONAL CARE PRODUCTS CONTAINING MICROBEADS (§§ 25-5-1201 — 25-5-1204) › Section 25-5-1204 - Penalty for violation

A person who violates any provision of this part 12 is subject to a civil penalty of not less than one thousand dollars and not more than ten thousand dollars for each offense. The penalty is determined and collected by the district court for the judicial district in which the violation occurs upon an action instituted by the department of public health and environment. The district court shall transmit penalties collected pursuant to this section to the state treasurer, who shall credit the moneys to the general fund.
Added by 2015 Ch. 53,§ 1, eff. 8/5/2015.
L. 2015: Entire part added, (HB 15-1144), ch. 53, p. 129, § 1, effective August 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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1301 - Short title

The short title of this part 13 is the "Firefighting Foams and Personal Protective Equipment Control Act".
Amended by 2019 Ch. 427,§ 3, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1279), ch. 3724, p. 3724, § 3, effective August 2.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1303 - Restriction on sale of certain firefighting foams - exemptions

(1)
Beginning August 2, 2021, a manufacturer of class B firefighting foam may not knowingly sell, offer for sale, distribute for sale, or distribute for use in the state class B firefighting foam to which PFAS chemicals have been added.
(2)
The restrictions in subsection (1) of this section do not apply to the manufacture, sale, or distribution of class B firefighting foam:
(a)
Where the inclusion of PFAS chemicals is required by or authorized by federal law including but not limited to
14 CFR 139
, or implemented in accordance with federal aviation administration guidance, or otherwise required for a military purpose;
(b)
For use at a gasoline, special fuel, or jet fuel storage and distribution facility that is supplied by a pipeline, vessel, or refinery; a tank farm from which gasoline, special fuel, or jet fuel may be removed for distribution; or a refinery;
(c)
For use at a chemical plant; and
(d)
For use at the Eisenhower-Johnson tunnels, if deemed necessary by the department of transportation. If the department of transportation deems the use of such class B firefighting foam necessary, the department of transportation must also make a plan to contain and safely dispose of such class B firefighting foam and any water used in the cleanup of such class B firefighting foam.
Amended by 2019 Ch. 427, § 3, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1279), ch. 3725, p. 3725, § 3, effective August 2.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1304 - Notification requirement

A manufacturer of class B firefighting foam that contains intentionally added PFAS chemicals must notify, in writing, persons that sell the manufacturer's products in the state about the provisions of this part 13 prior to August 2, 2020.
Amended by 2020 Ch. 75,§ 2, eff. 3/24/2020.
Amended by 2019 Ch. 427,§ 3, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1279), ch. 3726, p. 3726, § 3, effective August 2. L. 2020: Entire section amended, (HB 20-1042), ch. 312, p. 312, § 2, effective March 24.
For the legislative declaration in HB 20-1042, see section 1 of chapter 75, Session Laws of Colorado 2020.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1305 - Notice of chemicals in personal protective equipment

(1)
Beginning August 2, 2019, a manufacturer or other person that sells firefighting personal protective equipment must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains intentionally added PFAS chemicals. The written notice must include a statement that the firefighting personal protective equipment being sold contains intentionally added PFAS chemicals and the reason PFAS chemicals are added to the equipment.
(2)
The manufacturer or other person selling firefighting personal protective equipment and the purchaser of the equipment must retain the notice described in subsection (1) of this section on file for at least three years from the date of sale.
(3)
Upon the request of the department, a person, manufacturer, or purchaser must furnish the notice, or written copies, and associated sales documentation to the department within sixty days after the request.
Amended by 2019 Ch. 427,§ 3, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1279), ch. 3726, p. 3726, § 3, effective August 2.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1306 - Certificate of compliance

The department may request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment. A certificate of compliance must attest that a manufacturer's products meet the requirements of this part 13.
Amended by 2019 Ch. 427,§ 3, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1279), ch. 3726, p. 3726, § 3, effective August 2.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1307 - Civil penalty

(1)
A manufacturer or a person who violates this part 13 is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. A manufacturer or a person who violates this part 13 repeatedly is subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this part 13 must be deposited in the local firefighter safety and disease prevention fund created in section
24-33.5-1231
.
(2)
The attorney general has the authority to enforce this part 13 and to conduct civil investigations and bring civil actions for violations of this part 13.
Amended by 2022 Ch. 338,§5, eff. 6/3/2022.
Amended by 2019 Ch. 427,§3, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1279), ch. 3726, p. 3726, § 3, effective August 2.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1308 - Survey

(1)
Once every three years, the department shall conduct a survey of fire departments to determine, as applicable:
(a)
Each fire department's name, fire department identification number, and address;
(b)
The amount, type, and date of manufacture of any class B firefighting foam that contains intentionally added PFAS chemicals which each fire department possesses;
(c)
How, where, and when the fire department has used class B firefighting foam that contains intentionally added PFAS chemicals for firefighter training;
(d)
Whether the fire department's stations are served by a well or public drinking water source;
(e)
Whether the fire department has used class B firefighting foam that contains intentionally added PFAS chemicals in the last five years, whether that use was reported to the department, and if not when and where the class B firefighting foam that contains intentionally added PFAS chemicals was used; and
(f)
How much, if any, class B firefighting foam that contains intentionally added PFAS chemicals the fire department has disposed of.
(2)
Repealed.
Amended by 2020 Ch. 216,§ 56, eff. 6/30/2020.
Added by 2019 Ch. 427,§ 3, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1279), ch. 3727, p. 3727, § 3, effective August 2. L. 2020: (2) repealed, (HB 20-1402), ch. 1055, p. 1055, § 56, 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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1309 - Restriction on the use of certain firefighting foam at certain airports - definitions

(1)
Beginning January 1, 2024, the use of class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances shall be prohibited at structures used for the storage or maintenance of aircraft where the structure is located in an airport that:
(a)
Is a federal-aviation-administration-designated public-use airport; and
(b)
Is within the state of Colorado.
(2)
As used in this section, "class B firefighting foam" and "perfluoroalkyl and polyfluoroalkyl substances" have the same meaning as they are defined in section
25-5-1302
.
Amended by 2022 Ch. 338,§6, eff. 6/3/2022.
Added by 2020 Ch. 139,§3, eff. 6/29/2020.
L. 2020: Entire section added, (HB 20-1119), ch. 606, p. 606, § 3, effective June 29.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1310 - Perfluoroalkyl and polyfluoroalkyl substances grant program

(1)
There is hereby created within the department the perfluoroalkyl and polyfluoroalkyl substances grant program.
(2)
Grant recipients may use the money received through the grant program for the following purposes:
(a)
Sampling, assessment, and investigation of perfluoroalkyl and polyfluoroalkyl substances in ground or surface water;
(b)
Funding water system infrastructure used for the treatment of identified perfluoroalkyl and polyfluoroalkyl substances; and
(c)
Providing emergency assistance to communities and water systems affected by perfluoroalkyl and polyfluoroalkyl substances.
(3)
The department shall administer the grant program and shall award grants as provided in this section. Subject to available appropriations, grants shall be paid out of the fund.
(4)
The department shall develop policies and procedures as necessary to implement the grant program. At a minimum, these policies and procedures must specify:
(a)
Who may qualify as an eligible entity;
(b)
The time frames for applying for grants;
(c)
The criteria used to evaluate and prioritize applications for grants;
(d)
The form of the grant program application; and
(e)
The time frames for distributing grant money.
(5)
To receive a grant, an eligible entity must submit an application to the department in accordance with the policies and procedures specified by the department.
(6)
A grantee shall use the money received through the grant program only for achieving goals approved by the department.
(7)
A grantee shall report annually to the department on the progress of any project financed by the grant pursuant to terms specified in the grant award agreement.
(8)
The department shall develop a policy regarding a grantee's noncompliance with the grant award agreement entered into by the grantee and the department. This policy may include a mechanism for the department to convert the grant to a loan with interest.
Added by 2020 Ch. 141,§ 3, eff. 6/29/2020.
L. 2020: Entire section added, (SB 20-218), ch. 615, p. 615, § 3, effective June 29.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1311 - Perfluoroalkyl and polyfluoroalkyl substances take-back program

(1)
There is hereby created in the department the perfluoroalkyl and polyfluoroalkyl substances take-back program to create an incentive for the proper disposal of materials containing perfluoroalkyl and polyfluoroalkyl substances by allowing the department to purchase and properly dispose of such materials.
(2)
The department shall administer the take-back program and, subject to available appropriations and revenues from the fund, shall purchase and dispose of eligible materials.
(3)
The department shall develop policies and procedures as necessary to implement the take-back program. At a minimum, these policies and procedures must describe:
(a)
What materials qualify as eligible materials;
(b)
The purchase price for each eligible material;
(c)
The proper method of disposal for each eligible material;
(d)
The time frame for applying for the purchase of eligible materials;
(e)
The form of the eligible material purchase application; and
(f)
The time frame for purchasing eligible materials.
(4)
To have the department purchase an eligible material, a person or entity must submit an eligible material purchase application to the department in accordance with the policies and procedures adopted by the department.
(5)
The department shall publish the purchase price for each eligible material.
Added by 2020 Ch. 141,§ 3, eff. 6/29/2020.
L. 2020: Entire section added, (SB 20-218), ch. 616, p. 616, § 3, effective June 29.
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 13 - FIREFIGHTING FOAMS AND PERSONAL PROTECTIVE EQUIPMENT (§§ 25-5-1301 — 25-5-1312) › Section 25-5-1312 - Reporting requirement

(1)
Notwithstanding section
24-1-136 (11)(a)(I)
, the department shall annually report by February 1, 2021, and February 1 of each year until February 1, 2036, to the general assembly's committees of reference with jurisdiction over public health regarding:
(a)
Any amounts credited to the fund in the previous year and the unobligated balance of the fund;
(b)
The number of grant applicants and the number and value of grants awarded under the grant program;
(c)
The eligible entities that have applied for a grant under the grant program, the actions taken by each grantee, other measurements of success, and the amount of grant money distributed to each grantee;
(d)
The amount of eligible materials purchased and properly disposed of by the department under the take-back program;
(e)
Any newly located perfluoroalkyl and polyfluoroalkyl substances; and
(f)
Any suggested legislation or policy changes.
Amended by 2023 Ch. 404,§ 5, eff. 8/7/2023.
Added by 2020 Ch. 141, § 3, eff. 6/29/2020.
L. 2020: Entire section added, (SB 20-218), ch. 617, p. 617, § 3, effective June 29.
2023 Ch. 404, 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 14 - CLEAN LIGHTING (§§ 25-5-1401 — 25-5-1406) › Section 25-5-1401 - Short title

The short title of this part 14 is the "Clean Lighting Act".
Added by 2023 Ch. 285,§ 8, eff. 8/7/2023.
2023 Ch. 285, 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 14 - CLEAN LIGHTING (§§ 25-5-1401 — 25-5-1406) › Section 25-5-1402 - Legislative declaration

(1)
The general assembly finds and determines that:
(a)
Mercury is a potent and persistent neurotoxin that causes harm to human nervous systems, immune systems, and organ function and impairs fetal and child development;
(b)
Accelerating the phase-out of general-purpose fluorescent light bulbs containing toxic mercury will protect worker health and public health, including during the manufacture, distribution, use, collection, disposal, and recycling of the light bulbs;
(c)
Fluorescent bulbs have long provided a valuable service, but cleaner, safer alternatives have become widely available and affordable;
(d)
Mercury-free LED replacements for general-purpose fluorescent bulbs provide the same or better lighting service, longer product life, and much lower total cost; and
(e)
According to a study from the Appliance Standards Awareness Project, accelerating the phase-out of most general-purpose fluorescent lighting for sale in Colorado will prevent one hundred sixty-seven pounds of mercury and two million one hundred thousand metric tons of carbon dioxide emissions from entering the environment and lead to five hundred seventy-two million dollars in net utility bill savings for Colorado businesses and residents.
(2)
The general assembly therefore declares that it is in the public interest to phase out the sale of general-purpose fluorescent light bulbs that contain mercury.
Added by 2023 Ch. 285,§ 8, eff. 8/7/2023.
2023 Ch. 285, 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 14 - CLEAN LIGHTING (§§ 25-5-1401 — 25-5-1406) › Section 25-5-1403 - Definitions

As used in this part 14, unless the context otherwise requires:
(1)
"CIECAM02-UCS" means a color appearance model designed by the international Commission on Illumination to accurately model human color perception that uses uniform color space.
(2)
(a)
"Compact fluorescent lamp" means a compact, low-pressure, mercury-containing, electric-discharge light source:
(I)
In which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light; and
(II)
That:
(A)
Includes one base or end cap of any type, including screw, bayonet, two-pin, or four-pin;
(B)
Is integrally ballasted or nonintegrally ballasted;
(C)
Emits light between a correlated color temperature of 1700 Kelvin and 24000 Kelvin and a Duv of +0.024 and -0.024 in the CIECAM02-UCS; and
(D)
Includes one or more tubes, which may be of any diameter or length.
(b)
"Compact fluorescent lamp" includes lamps of all sizes and shapes for directional and nondirectional installations, including plug-in, spiral, twin tube, triple twin, 2D, U-bend, and circular lamps, that satisfy the description in subsection (2)(a) of this section.
(3)
"Duv" means delta (u, 2/3v'), which is a metric that describes the distance of a light color point from the planckian locus.
(4)
"Executive director" means the executive director of the department of public health and environment or the executive director's designee.
(5)
(a)
"Linear fluorescent lamp" means a low-pressure, mercury-containing, electric-discharge light source:
(I)
In which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light; and
(II)
That:
(A)
Includes two bases or end caps of any type, including single-pin, two-pin, or recessed double contact;
(B)
Emits light between a correlated color temperature of 1700 Kelvin and 24000 Kelvin and a Duv of +0.024 and -0.024 in the CIECAM02-UCS;
(C)
Includes all tube diameters, including T5, T8, T10, and T12 tubes; and
(D)
Includes all tube lengths from six inches to eight feet.
(b)
"Linear fluorescent lamp" includes lamps of all shapes, including linear, U-bend, and circular.
(6)
"Sunlamp product" has the meaning set forth in
21 CFR 1040.20 (b)(9)
.
Added by 2023 Ch. 285,§ 8, eff. 8/7/2023.
2023 Ch. 285, 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 14 - CLEAN LIGHTING (§§ 25-5-1401 — 25-5-1406) › Section 25-5-1404 - Scope and applicability

(1)
Except as described in subsection (2) of this section, this part 14 applies to compact fluorescent lamps and linear fluorescent lamps sold as new in Colorado.
(2)
This part 14 does not apply to:
(a)
A lamp that is designed and marketed exclusively for image capture and projection, including photocopying; printing, either directly or in preprocessing; lithography; film and video projection; and holography;
(b)
A lamp that emits ultraviolet light and that:
(I)
Emits ultraviolet light greater than two milliwatts per kilolumen (mW/klm);
(II)
Is designed and marketed exclusively for a germicidal purpose, such as for the destruction of DNA, which lamp emits a peak radiation of approximately two hundred fifty-three and seven-tenths nanometers;
(III)
Is designed and marketed exclusively for disinfection or fly trapping and:
(A)
From which the total radiation power emitted between two hundred and three hundred fifteen nanometers represents at least five percent of the total radiation power emitted between two hundred fifty and eight hundred nanometers; or
(B)
From which the total radiation power emitted between three hundred fifteen and four hundred nanometers represents at least twenty percent of the total radiation power emitted between two hundred fifty and eight hundred nanometers;
(IV)
Is designed and marketed exclusively for the generation of ozone where the primary purpose is to emit radiation at approximately one hundred eighty-five and one-tenth nanometers;
(V)
Is designed and marketed exclusively for coral zooxanthellae symbiosis and from which the radiation power emitted between four hundred and four hundred eighty nanometers represents at least forty percent of the total radiation power emitted between two hundred fifty and eight hundred nanometers;
(VI)
Is designed and marketed exclusively for use in a sunlamp product;
(VII)
Is designed and marketed exclusively for use in a medical device for medical or veterinary diagnosis or treatment;
(VIII)
Is designed and marketed exclusively for use in pharmaceutical product manufacturing or quality control;
(IX)
Is designed and marketed exclusively for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared, Fourier transform infrared, medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring; or
(X)
Is used by academic and research institutions exclusively for conducting research projects and experiments; or
(c)
A product that is held in inventory in Colorado on the effective date of the applicable standard described in section
25-5-1405
.
Added by 2023 Ch. 285,§ 8, eff. 8/7/2023.
2023 Ch. 285, 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 14 - CLEAN LIGHTING (§§ 25-5-1401 — 25-5-1406) › Section 25-5-1405 - Prohibited lamps

(1)
On and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any:
(a)
Linear fluorescent lamp; or
(b)
Compact fluorescent lamp.
Added by 2023 Ch. 285,§ 8, eff. 8/7/2023.
2023 Ch. 285, 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 14 - CLEAN LIGHTING (§§ 25-5-1401 — 25-5-1406) › Section 25-5-1406 - Enforcement - verifications of compliance - civil action by attorney general - penalties

(1)
The executive director shall:
(a)
Verify major retailers' and distributors' compliance with the provisions of this part 14 through online spot-checks, coordination with other states that have similar standards, or both;
(b)
Conduct such verifications at least once before January 1, 2026, and again at least once before January 1, 2031;
(c)
Deliver a report on the method and findings of the verifications to the energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and
(d)
Deliver any findings of violations to the attorney general.
(2)
On or before January 1, 2025, the executive director shall establish a process whereby individuals may anonymously report potential violations of this part 14 on the department of public health and environment's public website. The executive director shall investigate any reported potential violation and shall report any confirmed violations to the attorney general.
(3)
(a)
If the attorney general has probable cause to believe that any person or group of persons has violated or caused another person to violate section
25-5-1405
, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as specified in this subsection (3). Any person who violates or causes another person to violate section
25-5-1405
shall pay a civil penalty of not more than five hundred dollars for each violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section
24-38.5-102.4
.
(b)
For purposes of subsection (3)(a) of this section:
(I)
Each transaction or online for-sale product listing involved constitutes a separate violation; except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations; and
(II)
A court shall not impose a fine against a nonmanagerial employee of a contractor that installs, repairs, or replaces linear or compact fluorescent lamps and collects from the customer an amount representing both parts and labor.
Added by 2023 Ch. 285,§ 8, eff. 8/7/2023.
2023 Ch. 285, 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 15 - REGULATION OF SODIUM NITRITE (§§ 25-5-1501 — 25-5-1506) › Section 25-5-1501 - Definitions

As used in this part 15, unless the context otherwise requires:
(1)
"Commercial business" means a business or institution, including a research institution, requiring the use of products with sodium nitrite in a concentration greater than ten percent of the mass or volume of the product for business purposes.
(2)
"Covered entity" means a person selling, transferring, or offering to sell or transfer a covered product.
(3)
"Covered product" means a product containing sodium nitrite in a concentration greater than ten percent of the mass or volume of the product.
(4)
"Label" means a representation made by statement, word, picture, design, or emblem on a covered product package, whether affixed to or written directly on the package.
(5)
"Principal display panel" means:
(a)
For a cylindrical or nearly cylindrical package, forty percent of the product package as measured by multiplying the height of the container by the circumference;
(b)
For a noncylindrical or nearly noncylindrical package, such as a rectangular prism or nearly rectangular prism, forty percent of the product package as measured by multiplying the length by the width of the side of the package when it is pressed flat against on all sides of the packaging; and
(c)
For electronic media, the side of a product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale.
Added by 2024 Ch. 72,§ 2, eff. 7/1/2024.
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 15 - REGULATION OF SODIUM NITRITE (§§ 25-5-1501 — 25-5-1506) › Section 25-5-1502 - Sodium nitrite - restriction of sale - label requirements

(1)
A covered entity shall not:
(a)
Sell or transfer a covered product, except to a commercial business in accordance with section 25-5-1503; or
(b)
Sell or offer to sell, directly or indirectly, a covered product without a label notice that meets the requirements of section 25-5-1504.
Added by 2024 Ch. 72,§ 2, eff. 7/1/2024.