Products Control and Safety

C.R.S. tit. 25, art. 5
in effect

C.R.S. § 25-5-201 Legislative declaration

25-5-201. Legislative declaration. The purpose of this part 2 is to protect so far as may be possible the health and well-being of the people of this state by providing for the enrichment of certain kinds of flour and bread in order to increase their content of certain essential vitamins and minerals. There will continue to be widespread deficiencies in the diets of our people unless such nutrients are contained in flour, bread, and rolls as provided in this part 2.

C.R.S. § 25-5-202 Definitions

25-5-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Department" means the department of public health and environment of the state of Colorado. (2) "Flour" includes and is limited to the foods commonly known in the milling and baking industries as: (a) White flour, also known as wheat flour or plain flour; (b) Bromated flour; (c) Self-rising flour, also known as self-rising white flour or self-rising wheat flour; and (d) Phosphated flour, also known as phosphated white flour or phosphated wheat flour, which includes whole wheat flour but excludes special flours not used for bread, roll, bun, or biscuit baking, such as specialty cake, pancake, and pastry flours. (3) "Person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, or any group of persons, whether incorporated or not, engaged in the commercial manufacture or sale of flour, white bread, or rolls. (4) "Rolls" includes plain white rolls and buns of the semibread dough type, namely: Soft rolls, such as hamburger rolls, hot dog rolls, and parker house rolls; and hard rolls, such as Vienna rolls and kaiser rolls. It does not include yeast-raised sweet rolls or sweet buns made with fillings or coatings, such as cinnamon rolls or buns and butterfly rolls. (5) "White bread" means any bread made with flour, as defined in paragraph (a) of subsection (2) of this section, whether baked in a pan or on a hearth or screen, which is commonly known or usually represented and sold as white bread, including Vienna bread, French bread, and Italian bread.

C.R.S. § 25-5-203 Content of flour

25-5-203. Content of flour. (1) It is unlawful for any person to manufacture, mix, compound, sell, or offer for sale flour for human consumption in this state unless the following vitamins and minerals are contained in each pound of such flour: Not less than two milligrams and not more than two and five-tenths milligrams of thiamine; not less than one and two-tenths milligrams and not more than one and five-tenths milligrams of riboflavin; not less than sixteen milligrams and not more than twenty milligrams of niacin or niacin amide; not less than thirteen milligrams and not more than sixteen and five-tenths milligrams of iron (Fe), except in the case of self-rising flour which in addition to the above ingredients shall contain not less than five hundred milligrams and not more than one thousand five hundred milligrams of calcium (Ca). (2) The terms of this section shall not apply to flour sold to distributors, bakers, or other processors if the purchaser furnishes to the seller a certificate, in such form as the department by regulation shall prescribe, certifying that such flour will be: (a) Resold to a distributor, baker, or other processor; (b) Used in the manufacture, mixing, or compounding of flour, white bread, or rolls enriched to meet the requirements of this part 2; (c) Used in the manufacture of products other than flour, white bread, or rolls. (2.5) Notwithstanding any provision of this section to the contrary, the department shall promulgate rules and regulations which shall establish standards for the production, manufacture, distribution, and sale of flour, white flour, wheat flour, and plain flour. Such rules shall include the requirement that all such flour sold be clearly and distinctly labeled "Flour", "White Flour", "Wheat Flour", or "Plain Flour". All such flour shall be produced, manufactured, distributed, and sold in accordance with such rules and standards; except that the department shall allow the distribution and sale in this state of such flour produced and manufactured in another state if such flour has been produced and manufactured under rules and standards similar to those of the department. (3) It is unlawful for any purchaser to use or resell the flour so purchased in any manner other than as prescribed in this section.

C.R.S. § 25-5-204 Content of white bread or rolls

25-5-204. Content of white bread or rolls. It is unlawful for any person to manufacture, bake, sell, or offer for sale any white bread or rolls for human consumption in this state unless the following vitamins and minerals are contained in each pound of such bread or rolls: Not less than one and one-tenth milligrams and not more than one and eight-tenths milligrams of thiamine; not less than seven-tenths milligrams and not more than one and six-tenths milligrams of riboflavin; not less than ten milligrams and not more than fifteen milligrams of niacin or niacin amide; and not less than eight milligrams and not more than twelve and five-tenths milligrams of iron (Fe).

C.R.S. § 25-5-205 Enforcement of part 2

25-5-205. Enforcement of part 2. (1) The department is charged with the duty of enforcing the provisions of this part 2, and it is authorized to make, amend, or rescind rules, regulations, and orders for the efficient enforcement of this part 2. (2) Whenever the vitamin and mineral requirements set forth in sections 25-5-203 and 25-5-204 are no longer in conformity with the legally established standards governing the interstate shipment of enriched flour and enriched white bread or enriched rolls, the department, in order to maintain uniformity between intrastate and interstate vitamin and mineral requirements for the foods within the provisions of this part 2, is authorized to modify or revise such requirements to conform with amended standards governing interstate shipments. (3) (a) In the event of findings by the department that there is an existing or imminent shortage of any ingredient required by sections 25-5-203 and 25-5-204 and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement of this part 2, the department shall issue an order, to be effective immediately upon issuance, permitting the omission of such ingredient from flour or white bread or rolls and, if it is found necessary or appropriate, excepting such foods from labeling requirements until further order of the department. Any such findings may be made without hearing on the basis of factual information supplied to or obtained by the department. Furthermore, the department, on its own motion, may hold a public hearing and, upon receiving the sworn statements of ten or more persons subject to this part 2 that they believe such a shortage exists or is imminent, within twenty days thereafter, shall hold a public hearing with respect thereto at which any interested person may present evidence; and it shall make findings based upon the evidence presented. The department shall publish notice of any such hearing at least ten days prior thereto. (b) Whenever the department has reason to believe that such shortage no longer exists, it shall hold a public hearing, after at least ten days' notice has been given, at which any interested person may present evidence, and it shall make findings based upon the evidence so presented. If its findings are that such shortage no longer exists, it shall issue an order, to become effective not less than thirty days after publication thereof, revoking such previous order; but undisposed floor stocks of flour on hand at the effective date of such revocation order or flour manufactured prior to such effective date for sale in this state may thereafter be lawfully sold or disposed of. (4) All orders, rules, and regulations adopted by the department pursuant to this part 2 shall be published in the manner prescribed in subsection (5) of this section and, within the limits specified by this part 2, shall become effective upon such date as the department shall fix. (5) Whenever under this part 2 publication of any notice, order, rule, or regulation is required, such publication shall be made at least once in at least one daily newspaper of general circulation printed and published in this state. (6) For the purpose of this part 2, the department, or such officers or employees under its supervision as it may designate, is authorized to take samples for analysis; and to conduct examinations and investigations; and to enter, at reasonable times, any factory, mill, bakery, warehouse, shop, or establishment where flour, white bread, or rolls are manufactured, processed, packed, sold, or held, or any vehicle being used for the transportation thereof; and to inspect any such place or vehicle and any flour, white bread, or rolls therein and all pertinent equipment, materials, containers, and labeling.

C.R.S. § 25-5-206 Penalty

25-5-206. Penalty. Any person who violates any of the provisions of this part 2 or the orders or rules promulgated by the department under authority thereof commits a petty offense.

C.R.S. § 25-5-301 Short title

25-5-301. Short title. This part 3 shall be known and may be cited as the "Bedding Act".

C.R.S. § 25-5-302 Definitions

25-5-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Bedding" means any quilted pad, packing pad, mattress pad, hammock pad, mattress, comforter, bunk quilt, sleeping bag, box spring, studio couch, pillow, or cushion, any bag or container made of leather, cloth, or any other material, or any other device that is stuffed or filled in whole or in part with any concealed material in addition to the structural units and filling material used therein and its container, all of which can be used by any human being for sleeping or reclining purposes. (2) "New material" means any material which has not been formerly used in the manufacture of another article or used for any other purpose. (3) "Person" means any individual, corporation, partnership, or association. (4) "Previously used material" means any material which has been used in the manufacture of another article or previously used for any other purpose. (5) "Secondhand" means any article of bedding which has been previously used but not remade before it is offered for resale. (6) "Sell" and "sold", in the corresponding tense, include: Sell, offer to sell, or deliver or consign in sale, or possess with intent to sell, deliver or consign in sale, including bedding stored in warehouses for ultimate purpose of sale.

C.R.S. § 25-5-303 Restrictions

25-5-303. Restrictions. No person shall sell or distribute any bedding or bedding materials which are not clean or which may be deemed injurious to the public's health.

C.R.S. § 25-5-304 Sale of bedding exposed to contagion

25-5-304. Sale of bedding exposed to contagion. (Repealed)

C.R.S. § 25-5-305 Disinfection

25-5-305. Disinfection. (1) No person engaged in manufacturing, remaking, or renovating bedding for sale or distribution shall use any previously used material which since last used has not been disinfected by a method approved by the department of public health and environment. (2) No person shall knowingly sell any bedding containing animal material, including but not limited to hair, feathers, down, or wool, which has not been disinfected by a method approved by the department of health prior to being incorporated into such bedding. (3) Repealed.

C.R.S. § 25-5-306 Receiving bedding to be remade

25-5-306. Receiving bedding to be remade. (Repealed)

C.R.S. § 25-5-307 Tagging

25-5-307. Tagging. (1) No person shall sell bedding or materials therefor to which is not securely sewn by at least one edge a cloth or clothbacked tag at least two inches by three inches in size. (2) Upon said tag shall be legibly stamped or printed in English in letters at least one-eighth of an inch high: (a) If the materials used in the manufacture of the article of bedding to which the label is to be attached are entirely new, the label shall be as follows: "The materials used in the manufacture of this mattress (or other article of bedding) are entirely new." (b) If the materials used in the manufacture of the article to which the label is to be attached are partially or wholly previously used materials, the label shall be as follows: "The materials used in the manufacture of this mattress (or other article of bedding) are previously used materials and have been disinfected." (c) If the article to which the label is to be attached is secondhand, the label shall be as follows: "This mattress (or other article of bedding) is secondhand." (3) In addition to the requirements of subsections (1) and (2) of this section, every label shall bear the name and address of the manufacturer or vendor of the article of bedding to which it is attached and the name of the material used to fill such article of bedding. (4) Nothing likely to mislead shall appear on said tag. The tag shall contain all statements required by this section, and it shall be sewn to the outside covering of every article of bedding sold, manufactured, or remade. (5) The tagging requirement of this section shall not apply to any individual selling his own personal articles of bedding to another individual.

C.R.S. § 25-5-308 Removing or defacing tag or stamp

25-5-308. Removing or defacing tag or stamp. (Repealed)

C.R.S. § 25-5-309 Administered by department

25-5-309. Administered by department. (1) The department of public health and environment is charged with the administration and enforcement of this part 3. (2) Repealed.

C.R.S. § 25-5-314 Enforcement

25-5-314. Enforcement. The department of public health and environment shall enforce this part 3 upon complaint or upon request by a consumer. The department of public health and environment, as often as necessary, may inspect any place where bedding is made, remade, renovated, or sold or where material is disinfected under this part 3. If the department has reason to believe that any article of bedding is not tagged as required by this part 3, the department has the authority to open the same and examine the materials therein to determine if said filling is as stated on said tag; except that, in opening such bedding, the department shall use reasonable means not to damage the same or destroy the value thereof. The department also has the power to examine any purchase records necessary to determine definitely the kind of material used in said bedding, and the department has the power to seize and hold for evidence any article or material therein possessed or offered for sale contrary to this part 3. The department of public health and environment may thereafter commence an action against any violator pursuant to section 25-5-316.

C.R.S. § 25-5-315 Violation - what constitutes

25-5-315. Violation - what constitutes. (Repealed)

C.R.S. § 25-5-316 Penalty for violation

25-5-316. Penalty for violation. Any person who violates any provision of this part 3 shall be subject to a civil penalty of not more than one thousand dollars. Such penalty shall be determined and collected by the district court for the judicial district in which such violation occurs upon an action instituted by the department of public health and environment. In determining the amount of any such penalty, the court shall take into account the seriousness of the violation, whether the violation was willful or due to a mistake, the economic impact of the penalty upon the violator, and any other relevant factors. All penalties collected pursuant to this section shall be transmitted to the state treasurer and credited to the general fund. The court may also order that the violator pay any court costs of such action, and the court may order that the violator pay restitution to any person damaged by such violation. Any person damaged by a violation of this part 3 may maintain a civil suit for damages against any violator responsible for such damages.

C.R.S. § 25-5-317 Rules and regulations

25-5-317. Rules and regulations. The department of public health and environment shall have the right to promulgate rules and regulations deemed necessary for the proper enforcement of this part 3 and not inconsistent therewith.

C.R.S. § 25-5-401 Short title

25-5-401. Short title. This part 4 shall be known and may be cited as the "Colorado Food and Drug Act".

C.R.S. § 25-5-402 Definitions

25-5-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics. (2) "Color" includes black, white, and intermediate grays. (3) (a) "Color additive" means a material which: (I) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; and (II) When added or applied to a food, drug, or cosmetic or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which is exempted under the federal act. (b) Nothing in this subsection (3) shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process or produce of the soil and thereby affecting its color, whether before or after harvest. (4) "Consumer commodity", except as otherwise specifically provided in this subsection (4), means any food, drug, cosmetic, or device. Such term does not include: (a) Any tobacco or tobacco product; (b) Any commodity subject to packaging or labeling requirements imposed under article 9 of title 35, C.R.S., being known as the "Pesticide Act", or imposed by the secretary of agriculture under the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended (7 U.S.C. sec. 136 et seq.), or under the federal "Animal Virus, Serum, Toxin, Antitoxin Act" (21 U.S.C. secs. 151-158); (c) Any drug subject to the provisions of section 25-5-415 (1)(m) or of 21 U.S.C. sec. 353 (b)(1) or 356; (d) Any beverage subject to or complying with packaging or labeling requirements imposed under the "Federal Alcohol Administration Act" (27 U.S.C. secs. 201-211); or (e) Any commodity subject to the provisions of article 27 of title 35, C.R.S., concerning seeds. (5) "Contaminated with filth" applies to any food, drug, cosmetic, or device not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations. (6) "Cosmetic" means articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance or articles intended for use as a component of any such articles; except that such term does not include soap. (7) "Department" means the department of public health and environment. (8) "Device", except when used in subsection (23) of this section and in sections 25-5-403 (1)(j), 25-5-411 (1)(g), 25-5-415 (1)(d), and 25-5-417 (1)(d), means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals. (9) "Drug" means: (a) Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them; (b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (c) Articles, other than food, intended to affect the structure or any function of the body of man or other animals; icial United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them; (b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (c) Articles, other than food, intended to affect the structure or any function of the body of man or other animals; (d) Articles intended for use as a component of any article specified in paragraph (a), (b), or (c) of this subsection (9) but does not include devices or their components, parts, or accessories. (10) "Federal act" means the "Federal Food, Drug, and Cosmetic Act" (21 U.S.C. sec. 301 et seq., 52 Stat. 1040). (11) "Food" means articles used for food or drink for man or other animals, chewing gum, and articles used for components of any such article. (12) "Food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food and including any source of radiation intended for any such use) if such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures (or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use. The term does not include: (a) A pesticide chemical in or on a raw agricultural commodity; (b) A pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity; (c) A color additive; or (d) Any substance used in accordance with a sanction or approval granted prior to the enactment of the amendment to the federal act known as the "Food Additives Amendment of 1958", the "Poultry Products Inspection Act" (21 U.S.C. secs. 451-470), or the "Federal Meat Inspection Act", as amended and extended (21 U.S.C. secs. 603-623). (13) "Immediate container" does not include package liners. (14) "Label" means a display of written, printed, or graphic matter upon the immediate container of any article; and by or under the authority of this part 4 a requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper. (15) "Labeling" means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying such article. (16) "Official compendium" means the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them. (17) "Package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term does not include: (a) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or eans any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term does not include: (a) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or (b) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers or wrappers bear no printed matter pertaining to any particular commodity. (18) "Person" includes an individual, partnership, corporation, and association. (19) "Pesticide chemical" means any substance which alone, in chemical combination, or in formulation with one or more other substances is a pesticide within the meaning of section 35-9-102 (21), C.R.S., and which is used in the production, storage, or transportation of raw agricultural commodities. (20) "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. (21) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing. (22) "Safe", as used in subsection (12) of this section, has reference to the health of man or animal. (23) If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account all representations made or suggested by statement, work, design, device, sound, or any combination thereof, and also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. (24) The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as being, an antiseptic for inhibitory use which involves prolonged contact with the body. (25) The provisions of this part 4 regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.

C.R.S. § 25-5-403 Offenses

25-5-403. Offenses. (1) The following acts and the causing thereof within this state are prohibited: (a) The manufacture, sale, or delivery or the holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded; (b) The adulteration or misbranding of any food, drug, device, or cosmetic; (c) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise; (d) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 25-5-412; (e) The dissemination of any false or misleading advertisement; (f) The refusal to permit entry, inspection, or the taking of a sample, as authorized by section 25-5-421; (g) The giving of a false guaranty or undertaking except by a person who relied on a guaranty 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 food, drug, device, or cosmetic; (h) The removal or disposal of a detained or embargoed article in violation of section 25-5-406; (i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of or the doing of any other act with respect to a food, drug, device, or cosmetic which results in such article being adulterated or misbranded, if such act is done while such article is being stored or held for sale; (j) Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device required by this part 4 or by regulations promulgated under the provisions of this part 4; (k) The distribution or causing to be distributed in commerce of any consumer commodity if such commodity is contained in a package or if there is affixed to that commodity a label which does not conform to the provisions of this part 4 and of regulations promulgated pursuant to this part 4; except that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons: (I) Are engaged in the packaging or labeling of such commodities; or (II) Prescribe or specify by any means the manner in which such commodities are packaged or labeled; (l) The using by any person to his own advantage or the revealing, other than to the executive director of the department or his authorized representative or to the courts, when relevant in any judicial proceeding under this part 4, of any information acquired under authority of this part 4 concerning any method or process which as a trade secret is entitled to protection. (2) It is prohibited for any person to sell, give, or in any way furnish to another person who is under the age of twenty-one years any confectionery which contains alcohol in excess of one-half of one percent by volume. (3) Repealed.

C.R.S. § 25-5-404 Injunction

25-5-404. Injunction. In addition to the remedies provided in this part 4, the department is authorized to apply to the district court of the district wherein the defendant resides or has his place of business for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of section 25-5-403, irrespective of whether or not there exists an adequate remedy at law.

C.R.S. § 25-5-405 Penalties

25-5-405. Penalties. (1) Any person who violates any of the provisions of section 25-5-403 (1) commits a class 2 misdemeanor. Each violation shall be considered a separate offense. (2) No person shall be subject to the penalties of subsection (1) of this section for having violated section 25-5-403 (1)(a) or (1)(c) if he establishes a valid guaranty 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 article to the effect that such article is not adulterated or misbranded within the meaning of this part 4, designating this part 4. (3) No publisher, radio-broadcast licensee, television licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement unless he refuses, on the request of the department, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the United States who caused him to disseminate such advertisement. (4) Any person who violates section 25-5-403 (2) commits a civil infraction.

C.R.S. § 25-5-406 Tagging articles misbranded or adulterated

25-5-406. Tagging articles misbranded or adulterated. (1) Whenever a duly authorized agent of the department finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated or misbranded within the meaning of this part 4, he shall affix to such article a tag or other appropriate marking giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until provision for removal or disposal is given by the department or such agent or the court. No person shall remove or dispose of such embargoed article by sale or otherwise without the permission of the department or its agent or, after summary proceedings have been instituted, without permission from the court. If the embargo is removed by the department or by the court, neither the department nor the state shall be held liable for damages because of such embargo in the event that the court finds that there was probable cause for the embargo. (2) When an article detained or embargoed under subsection (1) of this section has been found by such agent to be adulterated or misbranded, he shall petition the judge of the district court in whose jurisdiction the article is detained or embargoed for an order for condemnation of such article. When such agent finds that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking. (3) If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of such agent, and all court costs and fees and storage and other proper expense shall be taxed against the claimant of such article or his agent; except that, when the adulteration or misbranding can be corrected by proper labeling or processing 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 or processed, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the department. The expense of such supervision shall be paid by the claimant. Such bond shall be returned to the claimant of the article on representation to the court by the department that the article is no longer in violation of this part 4 and that the expenses of such supervision have been paid. (4) Whenever the department or any of its authorized agents find in any room, building, vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or other perishable articles which are unsound or contain any filthy, decomposed, or putrid substance or which may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the department or its authorized agent shall forthwith condemn or destroy the same or in any other manner render the same unsalable as human food.

C.R.S. § 25-5-407 Duties of district attorney

25-5-407. Duties of district attorney. It is the duty of each district attorney to whom the department reports any violation of this part 4 to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

C.R.S. § 25-5-408 Discretion as to warning

25-5-408. Discretion as to warning. Nothing in this part 4 shall be construed as requiring the department to report, for the institution of proceedings under this part 4, minor violations of this part 4 whenever the department believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

C.R.S. § 25-5-409 Regulations

25-5-409. Regulations. (1) Definitions and standards of identity, quality, and fill of container for any food adopted under authority of the federal act are the definitions and standards of identity, quality, and fill of container in this state. However, when, in its judgment, such action will promote honesty and fair dealing in the interest of consumers, the department may promulgate additional regulations establishing definitions and standards of identity, quality, and fill of container for foods which are not subject to any federal regulations. Any definition or standard of identity, quality, or fill of container promulgated under this subsection (1) which is in addition to federal definitions and standards shall constitute a regulation of the department, and it shall be subject to the requirements of section 25-5-420 concerning the procedures for promulgating such regulations. The department may promulgate amendments to any federal or state regulations which set definitions and standards of identity, quality, and fill of container for foods in the same manner as is provided for their adoption. (2) Temporary permits granted under the federal act for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under the conditions provided in such permits. The department may issue additional permits if they are necessary to the completion or conclusiveness of an otherwise adequate investigation and if the interests of consumers are safeguarded. Such permits are subject to the terms and conditions the department may prescribe by regulation.

C.R.S. § 25-5-410 Definitions of "adulterated"

25-5-410. Definitions of "adulterated". (1) A food is deemed to be adulterated: (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph (a) if the quantity of such substance in such food does not ordinarily render it injurious to health; (b) (I) If it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of section 25-5-413; except that a pesticide chemical in or on a raw agricultural commodity, a food additive, or a color additive shall not be deemed a poisonous or deleterious substance within the meaning of this paragraph (b); (II) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 25-5-413 (1); but, if a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under section 25-5-413 (2) and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding the provisions of section 25-5-413 (1) and this subparagraph (II), shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity; or (III) If it is, or it bears or contains any food additive which is, unsafe within the meaning of section 25-5-413 (1); (c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance or if it is otherwise unfit for food; (d) If it is produced, prepared, packed, or held under unsanitary conditions whereby it may be contaminated with filth or rendered diseased, unwholesome, or injurious to health; (e) If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter or which has been fed upon the uncooked offal from a slaughterhouse; (f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; (g) If it has been intentionally subjected to radiation unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 25-5-413 or 21 U.S.C. sec. 348; (h) (I) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; (II) If any substance has been substituted wholly or in part therefor; (III) If damage or inferiority has been concealed in any manner; (IV) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; been in whole or in part omitted or abstracted therefrom; (II) If any substance has been substituted wholly or in part therefor; (III) If damage or inferiority has been concealed in any manner; (IV) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; (i) If it is confectionery and: (I) Has partially or completely imbedded therein any nonnutritive object; but this subparagraph (I) shall not apply in the case of any nonnutritive object if, in the judgment of the department as provided by regulations, such object is of practical functional value to the confectionery product and does not render the product injurious or hazardous to health; (II) Bears or contains any alcohol other than alcohol not in excess of six and twenty-five hundredths percent by volume or five percent by weight; or (III) Bears or contains any nonnutritive substance; but this subparagraph (III) shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this part 4; and, furthermore, the department, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph (III), may issue regulations allowing or prohibiting the use of particular nonnutritive substances; (j) If it is, or it bears or contains a color additive which is, unsafe within the meaning of section 25-5-413 (1) or the federal act; (k) If it is chopped or ground beef or hamburger and it contains any meat other than the voluntary striated muscle of beef, or the total fat content, derived solely from beef, is in excess of thirty percent, or it contains any substance other than those which the department has by regulation declared to be permitted optional ingredients; (l) If it is fresh meat or a fresh meat product, or fresh poultry, parts thereof, or fresh poultry products, and contains any antiseptic or chemical preservative; (m) If it is meat or a meat product and contains any artificial coloring or if it is contained in an artificially colored casing or wrapper; except that the department may by regulation establish the conditions of the use of artificial color in casings and wrappers; (n) If it is pork sausage or pork breakfast sausage and the total fat content is in excess of fifty percent.

C.R.S. § 25-5-411 Definitions of "misbranding"

25-5-411. Definitions of "misbranding". (1) A food 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 to the requirements of section 25-5-419; (c) If it is offered for sale under the name of another food; (d) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated; (e) If its container is so made, formed, or filled as to be misleading; (f) If in package form, unless it bears a label containing: (I) The name and place of business of the manufacturer, packer, or distributor; and (II) An accurate statement of the net 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, reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulation prescribed by the department; (g) 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; (h) If it purports to be or is represented as a food for which a definition and standard of identity is prescribed by regulations as provided by section 25-5-409, unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food; (i) If it purports to be or is represented as: (I) A food for which a standard of quality has been prescribed by regulations as provided by section 25-5-409 and its quality falls below such standard, unless its label bears, in such manner and form as regulations specify, a statement that it falls below such standard; or (II) A food for which a standard of fill of container is prescribed by regulations as provided by section 25-5-409 and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; (j) If it is not subject to the provisions of paragraph (h) of this section, unless it bears labeling clearly giving the common or usual name of the food, if any, and, if it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each; but, to the extent that compliance with the requirements as to such multiple names is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the department. The requirements of this paragraph (j) shall not apply to food products which are packaged at the direction of purchasers at retail at the time of sale whose ingredients are disclosed to the purchasers by other means in accordance with regulations promulgated by the department. (k) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department determines to be and by regulations prescribes as necessary in order to fully inform purchasers as to its value for such uses; hasers by other means in accordance with regulations promulgated by the department. (k) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department determines to be and by regulations prescribes as necessary in order to fully inform purchasers as to its value for such uses; (l) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; but, to the extent that compliance with the requirements of this paragraph (l) is impracticable, exemptions shall be established by regulations promulgated by the department. The provisions of this paragraph (l) and paragraphs (h) and (j) of this subsection (1) with respect to artificial coloring do not apply to butter, cheese, or ice cream. The provisions of this paragraph (l) with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the produce of the soil. (m) If it is a product intended as an ingredient of another food and, when used according to the directions of the purveyor, will result in the final food product being adulterated or misbranded; (n) If it is meat imported from without the boundaries of the United States or if it is a meat product containing such meat, unless it bears labeling stating the fact that it is imported meat or that it contains imported meat. Any person who sells or offers for sale in this state any meat imported from without the boundaries of the United States, or any meat product containing such imported meat, without labeling such meat or meat product stating that it is imported, or contains imported meat commits a petty offense. (o) If it is a raw agricultural commodity which is the produce of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical; except that no such declaration shall be required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade; (p) 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 as may be contained in regulations issued pursuant to the provisions of the federal act. (2) Foods which, in accordance with the practice of the trade, are to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling requirements under this section if such food is not adulterated or misbranded under any provision of this part 4 upon removal from such processing, labeling, or repacking establishment. Regulations adopted under authority of the federal act (21 U.S.C. sec. 345) relating to such exemptions are automatically effective in this state. The department may promulgate additional regulations or amendments to existing regulations concerning such exemptions, but the department may not promulgate any regulation which has the effect of allowing any food which is subject to federal labeling requirements to be exempt from labeling requirements under the law of this state.

C.R.S. § 25-5-412 Issuance of permits

25-5-412. Issuance of permits. (1) Whenever the department finds after investigation that the distribution in this state of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that such injurious nature cannot be adequately determined after such articles have entered commerce, it, then and in such case only, shall promulgate regulations providing for the issuance to manufacturers, processors, or packers of such class of food in such locality of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food for such temporary period of time as may be necessary to protect the public health; and, after the effective date of such regulations and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed, or packed by any such manufacturer, processor, or packer, unless such manufacturer, processor, or packer holds a permit issued by the department as provided by such regulations. (2) The department is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged to apply at any time for the reinstatement of such permit, and the department shall, immediately after prompt hearing and inspection of the establishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit as originally issued or as amended. (3) Any officer or employee duly designated by the department shall have access to any factory or establishment, the operator of which holds such a permit from the department, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be grounds for suspension of the permit until such access is freely given by the operator.

C.R.S. § 25-5-413 Limit of adulteration - rule or regulation

25-5-413. Limit of adulteration - rule or regulation. (1) Any added poisonous or deleterious substance, food additive, pesticide chemical in or on a raw agricultural commodity, or color additive, with respect to any particular use or intended use, shall be deemed unsafe for the purpose of application of section 25-5-410 (1)(b) with respect to any food, section 25-5-414 (1)(a) to (1)(f) with respect to any drug or device, or section 25-5-416 (1)(a) with respect to any cosmetic, unless there is in effect a regulation pursuant to section 25-5-419 or subsection (2) of this section limiting the quantity of such substance and the use or intended use of such substance is within the limits prescribed by such regulation. While such a regulation relating to such substance is in effect, a food, drug, or cosmetic, by reason of bearing or containing such substance in accordance with the regulations, shall not be considered adulterated within the meaning of section 25-5-410 (1)(b), 25-5-414 (1)(a) to (1)(f), or 25-5-416 (1)(a). (2) The department, whenever public health or other considerations so require, is authorized to adopt, amend, or repeal regulations upon its own motion or upon the petition of any interested party, whether or not in accordance with regulations promulgated under the federal act. Such regulations may prescribe tolerances for any added poisonous or deleterious substances, food additives, pesticide chemicals in or on raw agricultural commodities, or color additives, including but not limited to zero tolerances. The department may prescribe exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities. The department may also promulgate regulations prescribing the conditions under which a food additive or a color additive may be safely used and exemptions if such food additive or color additive is to be used solely for investigational or experimental purposes. It shall be incumbent upon any petitioner to establish that a necessity exists for such regulation and that its effect will not be detrimental to the public health. If the data furnished by the petitioner are not sufficient to allow the department to determine whether such regulation should be promulgated, the department may require additional data to be submitted, and failure to comply with the request shall be sufficient grounds for denial of the request. In adopting, amending, or repealing regulations under this section, the department shall consider, among other relevant factors, the following, which the petitioner, if any, shall furnish: (a) The name and all pertinent information concerning such substance, including, where available, its chemical identity and composition; a statement of the conditions of the proposed use, including directions, recommendations, suggestions, and specimens of proposed labeling; all relevant data bearing on the physical or other technical effects; and the quantity required to produce such effect; (b) The probable composition of any substance formed in or on a food, drug, or cosmetic resulting from the use of such substance; (c) The probable consumption of such substance in the diet of man and animals taking into account any chemically or pharmacologically related substance in such diet; (d) Safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data; (e) The availability of any needed practicable methods of analysis for determining the identity and quantity of: (I) Such substance in or on an article; (II) Any substance formed in or on such article because of the use of such substance; and (III) The pure substance and all intermediates and impurities; (f) Facts supporting a contention that the proposed use of such substance will serve a useful purpose.

C.R.S. § 25-5-414 Adulterations

25-5-414. Adulterations. (1) A drug or device shall be deemed to be adulterated: (a) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (b) If it has been produced, prepared, packed, or held under unsanitary conditions under which it may have been contaminated with filth or rendered injurious to health; (c) If it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this part 4 as to safety and that such drug has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess; (d) If it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; (e) If it is a drug and it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act or section 25-5-413 (1); (f) If it is a color additive, the intended use of which in or on drugs is for purposes of coloring only, and is unsafe within the meaning of the federal act or section 25-5-413 (1); (g) If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in case of the absence or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph (g) because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States, it shall be subject to the requirements of the United States pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic pharmacopoeia of the United States and not to those of the United States pharmacopoeia. (h) If it is not subject to the provisions of paragraph (g) of this subsection (1) and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; (i) If it is a drug and any substance has been mixed or packed therewith so as to reduce its quality or strength or substituted wholly or in part therefor.

C.R.S. § 25-5-415 Misbranding

25-5-415. Misbranding. (1) A drug or device is 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: (I) The name and place of business of the manufacturer, packer, or distributor; and (II) 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, except as exempted by section 25-5-402 (4)(c); but, as to such terms of quantity, reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulation prescribed by the department or issued 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) (I) If it is a drug, unless: (A) Its label bears, to the exclusion of any other nonproprietary name (except the applicable systematic chemical name or the chemical formula), the established name, as defined in subparagraph (II) of this paragraph (e), of the drug, if such there be; and, in case it is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein; except that the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this sub-subparagraph (A), shall apply only to prescription drugs; and (B) For any prescription drug, the established name of such drug or ingredient, as the case may be, on such label (and on any labeling on which a name for such drug or ingredient is used) is printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient. To the extent that compliance with the requirements of this sub-subparagraph (B) and sub-subparagraph (A) of this subparagraph (I) as to fabricated drugs is impracticable, exemptions shall be established by regulations promulgated by the department or under the federal act. (II) As used in this paragraph (e), the term "established name", with respect to a drug or ingredient thereof, means: (A) The applicable official name designated pursuant to the federal act; or (B) If there is no such name and such drug or such ingredient is an article recognized in an official compendium, then the official title thereof in such compendium; or (C) If neither sub-subparagraph (A) nor sub-subparagraph (B) of this subparagraph (II) applies, then the common or usual name, if any, of such drug or of such ingredient; (D) Where sub-subparagraph (B) of this subparagraph (II) applies to an article recognized in the United States pharmacopoeia and in the homeopathic pharmacopoeia under different official titles, the official title used in the United States pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the homeopathic pharmacopoeia shall apply. subparagraph (B) of this subparagraph (II) applies to an article recognized in the United States pharmacopoeia and in the homeopathic pharmacopoeia under different official titles, the official title used in the United States pharmacopoeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the homeopathic pharmacopoeia shall apply. (f) Unless its labeling bears adequate directions for use and such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users; but, where any requirement as to such adequate directions for use, as applied to any drug or device, is not necessary for the protection of the public health, the department shall promulgate regulations exempting such drug or device from such requirement, and articles exempted under regulations issued under the federal act shall also be exempt; (g) If it purports to be a drug, the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein; but the method of packing may be modified with the consent of the department or if consent is obtained under the federal act. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States, it shall be subject to the requirements of the United States pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic pharmacopoeia of the United States and not to those of the United States pharmacopoeia. In the event of inconsistency between the requirements of this paragraph (g) and those of paragraph (e) of this subsection (1) as to the name by which the drug or its ingredients are designated, the requirements of paragraph (e) of this subsection (1) shall prevail. (h) If it is found by the department or under the federal act to be a drug liable to deterioration, unless it is packaged in such form and manner and its label bears a statement of such precautions as the regulations issued by the department or under the federal act require as necessary for the protection of public health. No such regulation shall be established for any drug recognized in an official compendium until the department has informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body has failed within a reasonable time to prescribe such requirements. (i) (I) If it is a drug and its container is so made, formed, or filled as to be misleading; or (II) If it is an imitation of another drug; or (III) If it is offered for sale under the name of another drug; (j) If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof; ime to prescribe such requirements. (i) (I) If it is a drug and its container is so made, formed, or filled as to be misleading; or (II) If it is an imitation of another drug; or (III) If it is offered for sale under the name of another drug; (j) If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof; (k) If its labeling represents 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 infection, sinus infection, smallpox, tuberculosis, tumors, typhoid, or uremia, and shall also be deemed to be false; except that no labeling in violation of paragraphs (a) and (b) of this subsection (1) shall be deemed to be false under this paragraph (k) if it is disseminated only to members of the medical, dental, chiropractic, or veterinary 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 paragraph (k), the department shall by regulation authorize the labeling 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 paragraph (k) shall not be construed as indicating that self-medication for any disease is safe or efficacious; (l) If it is for human use and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, betaeucaine, bromal, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of the substance, which derivative, after investigation, has been found to be and designated as habit-forming by rules issued by the department or pursuant to the federal act, unless its label bears the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement "Warning - May be habit-forming"; (m) If it is, or purports to be, or is represented as a drug composed wholly or partly of insulin, unless: (I) It is from a batch with respect to which a certificate or release has been issued pursuant to the federal act; and (II) Such certificate or release is in effect with respect to such drug; (n) If it is, or purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any other antibiotic drug, or any derivative thereof, unless: (I) It is from a batch with respect to which a certificate or release has been issued pursuant to the federal act; and (II) Such certificate or release is in effect with respect to such drug; but this subparagraph (II) shall not apply to any drug or class of drugs exempted by regulations promulgated under the federal act. For the purpose of this paragraph (n), "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced by microorganisms and which has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of any such substance). ugs exempted by regulations promulgated under the federal act. For the purpose of this paragraph (n), "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced by microorganisms and which has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of any such substance). (o) If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of section 25-5-413 (2) or of the federal act; (p) In the case of any prescription drug distributed or offered for sale in this state, unless the manufacturer, packer, or distributor thereof includes, in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug, a true statement of: (I) The established name, as defined in paragraph (e)(II) of this subsection (1), printed prominently and in type at least half as large as that used for any trade or brand name thereof; (II) The formula showing quantitatively each ingredient of such drug to the extent required for labels under the federal act; and (III) Such other information in brief summary relating to side effects, contraindications, and effectiveness as shall be required in regulations issued under the federal act; (q) If a trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of the foregoing has been placed thereon or upon its container with intent to defraud. (2) A drug sold on a prescription given by a member of the medical, dental, or veterinary profession (except a drug sold in the course of the conduct of a business of selling drugs pursuant to diagnosis by mail) shall be exempt from the requirements of this section if such member of the medical, dental, or veterinary profession is authorized by law to administer such drug or if such drug bears a label containing the name and place of business of the seller, the serial number and date of such prescription, the name of such member of the medical, dental, or veterinary profession, and, if stated in the prescription, the name of the patient, the directions for use, and any cautionary statements contained in such prescription. (3) Drugs and devices which, in accordance with the practice of the trade, are to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling or packaging requirements of this part 4 if such drugs and devices are being delivered, manufactured, processed, labeled, repacked, or otherwise held in compliance with regulations issued by the department or under the federal act.

C.R.S. § 25-5-416 Adulteration of cosmetics

25-5-416. Adulteration of cosmetics. (1) A cosmetic shall be deemed to be adulterated: (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. This provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution - This product contains ingredients which may cause skin irritations on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness." The label shall also bear adequate directions for such preliminary testing. For the purposes of this paragraph (a) and paragraph (e) of this subsection (1), "hair dye" does not include eyelash dyes or eyebrow dyes. (b) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (c) If it is produced, prepared, packed, or held under unsanitary conditions under which it may become contaminated with filth or rendered injurious to health; (d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; (e) If it is not a hair dye and it is, or it bears or contains, a color additive which is unsafe within the meaning of the federal act or section 25-5-413 (1).

C.R.S. § 25-5-417 Misbranding of cosmetics

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.

C.R.S. § 25-5-418 Advertisements

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.

C.R.S. § 25-5-419 Packaging and labeling of consumer commodities

25-5-419. Packaging and labeling of consumer commodities. (1) All labels of consumer commodities, as defined in section 25-5-402 (4), shall conform with the requirements for the declaration of net quantity of contents of the federal "Fair Packaging and Labeling Act" (15 U.S.C. sec. 1453) and the regulations promulgated pursuant thereto; but consumer commodities exempted from such requirements of the federal "Fair Packaging and Labeling Act" (15 U.S.C. secs. 1451-1461) shall also be exempt from this subsection (1). (2) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving. (3) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (1) of this section, but nothing in this subsection (3) shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents; but such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package. (4) (a) Whenever the department determines that regulations containing prohibitions or requirements other than those prescribed by subsection (1) of this section are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the department shall promulgate with respect to that commodity regulations effective to: (I) Establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such consumer commodity, but this subparagraph (I) shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any consumer commodity; (II) Regulate the placement upon any package containing any consumer commodity, or upon any label affixed to such consumer commodity, of any printed matter stating or representing by implication that such consumer commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents; (III) Require that the label on each package of a consumer commodity bear the common or usual name of such consumer commodity, if any, and, in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, and, with respect to any confectionery containing alcohol in excess of one-half of one percent by volume, but within the limits prescribed by section 25-5-410 (1)(i)(II), a statement that the content of alcohol does not exceed six and twenty-five hundredths percent by volume or five percent by weight, and that the product is unlawful for any person under twenty-one years of age, but nothing in this subparagraph (III) shall be deemed to require that any trade secret be divulged; or (IV) Prevent the nonfunctional slack-fill of packages containing consumer commodities. statement that the content of alcohol does not exceed six and twenty-five hundredths percent by volume or five percent by weight, and that the product is unlawful for any person under twenty-one years of age, but nothing in this subparagraph (III) shall be deemed to require that any trade secret be divulged; or (IV) Prevent the nonfunctional slack-fill of packages containing consumer commodities. (b) For the purposes of subparagraph (IV) of paragraph (a) of this subsection (4), a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than protection of the contents of such package or the requirements of machines used for enclosing the contents in such package; except that the department may adopt any regulations promulgated pursuant to the federal "Fair Packaging and Labeling Act" (15 U.S.C. secs. 1451-1461) which shall have the force and effect of law in this state.

C.R.S. § 25-5-420 Enforcement

25-5-420. Enforcement. (1) The authority to promulgate regulations for the efficient enforcement of this part 4 is vested in the department. The department is authorized to make the regulations promulgated under this part 4 conform, insofar as practicable, with those promulgated under the federal act, the federal "Fair Packaging and Labeling Act", 15 U.S.C. secs. 1451-1461, and the "Federal Meat Inspection Act", as amended, 21 U.S.C. secs. 603-623. All regulations promulgated under this part 4 shall be promulgated in accordance with the provisions of article 4 of title 24, C.R.S. (2) Hearings authorized or required by this part 4 or by article 4 of title 24, C.R.S., shall be conducted by the department or such officer, agent, or employee as the department may designate for the purpose. (3) All pesticide chemical regulations and their amendments adopted under authority of the federal act are the pesticide chemical regulations in this state. However, the department may adopt regulations which prescribe tolerances for pesticides in finished foods in this state which are no less stringent than regulations promulgated under the federal act. (4) All food additive regulations and their amendments adopted under authority of the federal act are the food additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a food additive may be used in this state which are no less stringent than regulations promulgated under the federal act. (5) All color additive regulations and their amendments adopted under authority of the federal act are the color additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a color additive may be used in this state which are no less stringent than regulations promulgated under the federal act. (6) All special dietary use regulations and their amendments adopted under authority of the federal act are the special dietary use regulations in this state. However, the department may, if it finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations which are no less stringent than regulations promulgated under the federal act. (7) All regulations and their amendments adopted under the federal "Fair Packaging and Labeling Act" shall be the regulations in this state. However, the department may, if it finds it necessary in the interest of consumers, prescribe packaging and labeling regulations for consumer commodities which are no less stringent than regulations promulgated under such "Fair Packaging and Labeling Act", but no such regulations shall be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to the "Fair Packaging and Labeling Act", 15 U.S.C. sec. 1453, and the regulations promulgated thereunder. (8) All regulations establishing standards of identity and composition for meat and meat food products and their amendments adopted under the "Federal Meat Inspection Act", as amended, 21 U.S.C. secs. 603-623, are the established standards of identity and composition for meat and meat food products in this state. However, the department may, if it finds it necessary in the interest of consumers, adopt additional regulations establishing standards of identity and composition for meat and meat food products which are no less stringent than regulations promulgated under the "Federal Meat Inspection Act". , are the established standards of identity and composition for meat and meat food products in this state. However, the department may, if it finds it necessary in the interest of consumers, adopt additional regulations establishing standards of identity and composition for meat and meat food products which are no less stringent than regulations promulgated under the "Federal Meat Inspection Act". (9) (a) A federal regulation automatically adopted pursuant to this part 4 takes effect in this state on the date it becomes effective as a federal regulation. The department shall publish all other proposed regulations thirty days prior to hearing thereon. A person who may be adversely affected by a regulation may file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation in this state. (b) If no substantial objections are received and no hearing is requested within thirty days after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least sixty days after the time for filing objections has expired. (c) If substantial objections are made to a federal regulation within thirty days after it is automatically adopted or to a proposed regulation within thirty days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a federal regulation, it may reinstate, rescind, or modify such regulation. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least sixty days after publication of the order.

C.R.S. § 25-5-421 Inspections

25-5-421. Inspections. (1) (a) For purposes of enforcement of this part 4, the authorized agents of the department, 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 food, drugs, devices, or cosmetics 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 food, drugs, devices, or cosmetics in commerce; and 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, containers, and labeling therein and to obtain samples necessary to the enforcement of this part 4. (b) (I) In the case of any factory, warehouse, establishment, or consulting laboratory in which prescription drugs are manufactured, processed, packed, or held, the inspection shall extend to all things therein (including records, files, papers, processes, controls, and facilities) bearing on whether prescription drugs which are adulterated or misbranded within the meaning of this part 4 or which may not be manufactured, introduced into commerce, or sold or offered for sale by reason of any provision of this part 4 have been or are being manufactured, processed, packed, transported, or held in any such place or otherwise bearing on violation of this part 4. (II) No inspection authorized for prescription drugs by subparagraph (I) of this paragraph (b) shall extend to financial data, sales data other than shipment data, pricing data, personnel data (other than data as to qualifications of technical and professional personnel performing functions subject to this article), and research data (other than data, relating to new drugs and antibiotic drugs, subject to reporting and inspection under regulations lawfully issued pursuant to 21 U.S.C. sec. 355 (i) or (j) and data, relating to other drugs, which in the case of a new drug would be subject to reporting or inspection under regulations issued pursuant to 21 U.S.C. sec. 355 (j)). Each such inspection shall be commenced and completed with reasonable promptness. (III) The provisions of subparagraph (I) of this paragraph (b) shall not apply to pharmacies which maintain establishments in conformance with the laws of this state regulating the practice of pharmacy and medicine and which are regularly engaged in dispensing prescription drugs upon prescriptions of practitioners licensed to administer such drugs to patients under the care of such practitioners in the course of their professional practice and which do not, either through a subsidiary or otherwise, manufacture, prepare, propagate, compound, or process drugs for sale other than in the regular course of their business of dispensing or selling drugs at retail; to practitioners licensed by law to prescribe or administer drugs and who manufacture, prepare, propagate, compound, or process drugs solely for use in the course of their professional practice; to persons who manufacture, prepare, propagate, compound, or process drugs solely for use in research, teaching, or chemical analysis and not for sale; nor to such other classes of persons as the department may by regulation exempt from the application of this section upon a finding that inspection as applied to such classes of persons in accordance with this section is not necessary for the protection of the public health. prepare, propagate, compound, or process drugs solely for use in research, teaching, or chemical analysis and not for sale; nor to such other classes of persons as the department may by regulation exempt from the application of this section upon a finding that inspection as applied to such classes of persons in accordance with this section is not necessary for the protection of the public health. (c) The authorized agents of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized to have access to and to copy all records of carriers in commerce showing the movement in commerce of any food, drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; but evidence obtained under this paragraph (c) 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 4 by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers. (2) Upon completion of any such inspection of a factory, warehouse, consulting laboratory, or other establishment, and prior to leaving the premises, the authorized agent making the inspection shall give to the owner, operator, or agent in charge a report in writing setting forth any conditions or practices observed by him which, in his judgment, indicate that any food, drug, device, or cosmetic in such establishment consists in whole or in part of any filthy, putrid, or decomposed substance or has been prepared, packed, or held under unsanitary conditions under which it may become contaminated with filth or rendered injurious to health. A copy of such report shall be sent promptly to the department. (3) If the authorized agent making any such inspection of a factory, warehouse, or other establishment has obtained any sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. (4) Whenever, in the course of any such inspection of a factory or other establishment where food is manufactured, processed, or packed, the officer or employee making the inspection obtains a sample of any such food, and an analysis is made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.

C.R.S. § 25-5-422 Reports and information

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.

C.R.S. § 25-5-423 Cooperation with federal agencies

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.

C.R.S. § 25-5-424 Review

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.

C.R.S. § 25-5-425 Application of part 4

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.

C.R.S. § 25-5-426 Wholesale food manufacturing and storage - definitions - legislative declaration - registration - fees - cash fund

25-5-426. Wholesale food manufacturing and storage - definitions - legislative declaration - registration - fees - cash fund. (1) The general assembly hereby finds, determines, and declares that the registration of wholesale food manufacturers and the regulation of premises or places wherein manufactured foods are produced, manufactured, packed, processed, prepared, treated, packaged, transported, or held for distribution in accordance with the "Colorado Food and Drug Act", the "Shellfish Dealer Certification Act", and the sanitary regulations administered by the department pursuant to part 1 of article 4 of this title and any rules promulgated thereunder: (a) Is necessary to protect the public health; (b) Will benefit consumers by ensuring that the sale and distribution of manufactured food is from safe sources; (c) Will assist retailers by ensuring that manufactured foods have not been adulterated during manufacturing, packing, processing, preparing, treating, packaging, transporting, and storage; and (d) Will contribute to the economic health of the state by assuring that Colorado wholesale food manufacturers are permitted to ship their product in interstate commerce. (2) As used in this section, unless the context otherwise requires: (a) "Brew pub" has the same meaning as set forth in section 44-3-103 (5). (b) "Brewery" has the same meaning as set forth in section 44-3-103 (6). (c) "Dietary ingredient" means one or any combination of a vitamin, mineral, herb or other botanical, amino acid, and a substance such as an enzyme, organ tissue, glandular, or metabolite. (d) "Dietary supplement" means a product taken by mouth that contains a dietary ingredient or a new dietary ingredient intended to supplement the diet. (e) "Distillery" or "distiller" has the same meaning as set forth in section 44-3-103 (13). (f) "Grain" means a small hard fruit or seed produced by a cereal grass and the seeds of such plants as a whole. (g) "Grain storage facility" means any establishment, structure, or structures under one management at one general physical location that holds grain without further manufacturing or processing after harvest. (g.3) and (g.5) Repealed. (h) "Manufacturing or processing" means making food from one or more ingredients, or synthesizing, preparing, treating, modifying, or manipulating food, including food crops or ingredients. Examples include: Cutting, peeling, trimming, washing, waxing, eviscerating, rendering, cooking, baking, freezing, cooling, pasteurizing, homogenizing, mixing, formulating, bottling, milling, grinding, extracting juices, distilling, labeling, or packaging. (i) "New dietary ingredient" means a dietary ingredient that was not sold in the United States as a dietary supplement before October 15, 1994. (j) "Nonprofit facility" means a charitable entity that provides food to the public, including food banks and nonprofit food facilities. To qualify as a nonprofit facility, the entity shall be exempt from paying federal income tax under the federal internal revenue code. (k) "Spirituous liquors" has the same meaning as set forth in section 44-3-103 (54). (l) "Wholesale food manufacturer" and "storage facility" mean a facility that manufactures, produces, packs, processes, treats, packages, transports, or holds human food, including dietary supplements. These terms include, without limitation, any repacker, reshipper, shell stock shipper, and shucker-packer, as defined in section 25-4-1803 (8), (9), (12), and (13), respectively. (m) "Winery" has the same meaning as set forth in section 44-3-103 (61). (3) The department has the following powers and duties: (a) To grant or refuse to grant registration pursuant to subsection (4) of this section and to grant or refuse to grant the annual renewal of a registration; (b) To deny, suspend, or revoke a registration; (c) To issue a certificate of free sale; and , respectively. (m) "Winery" has the same meaning as set forth in section 44-3-103 (61). (3) The department has the following powers and duties: (a) To grant or refuse to grant registration pursuant to subsection (4) of this section and to grant or refuse to grant the annual renewal of a registration; (b) To deny, suspend, or revoke a registration; (c) To issue a certificate of free sale; and (d) To review any records of a wholesale food manufacturer or storage facility necessary to verify compliance with the provisions of this section. (4) (a) Beginning July 1, 2003, and on or before July 1 of each year thereafter, the owner of any wholesale food manufacturer or storage facility shall submit an application to the department. Each wholesale food manufacturer or storage facility shall pay an annual application fee of one hundred dollars, plus any additional registration fee specified in subsection (4)(b) of this section; except that an application fee is not required for a nonprofit facility. The application for registration is valid for one year or for the portion of the fiscal year that remains if an application is submitted after July 1 of any fiscal year. If an application is valid for only a portion of a fiscal year, an application fee reduction is not required by this section. Each application expires on June 30 of the state fiscal year in which the application is submitted. (b) In addition to the application fee a facility is required to pay pursuant to subsection (4)(a) of this section, the schedule for annual registration fees for wholesale food manufacturers or storage facilities is as follows: (I) A registration fee is not required for a nonprofit facility, grain storage facility, brewery, brew pub, winery, or a distiller of spirituous liquors. (II) A wholesale food manufacturer or storage facility with gross annual sales of less than one hundred fifty thousand dollars shall pay the department a registration fee of sixty dollars. (III) A wholesale food manufacturer or storage facility with gross annual sales of one hundred fifty thousand dollars or more shall pay the department a registration fee of three hundred dollars. (IV) Repealed. (c) Upon issuing a certificate of free sale, the department shall collect a fee of one hundred fifty dollars. (d) and (e) Repealed. (5) Fees collected by the department pursuant to subsection (4) of this section shall be transmitted to the state treasurer, who shall credit such fees to the wholesale food manufacturing and storage protection cash fund, which is hereby created in the state treasury. The general assembly shall annually appropriate the moneys in such fund to the department for the payment of expenses necessary for the administration of this section. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert to the general fund or any other fund. (6) and (7) Repealed.

C.R.S. § 25-5-427 Classes of hemp-derived compounds and cannabinoids - definitions - registration required - prohibitions - safe harbor - rules - repeal

25-5-427. Classes of hemp-derived compounds and cannabinoids - definitions - registration required - prohibitions - safe harbor - rules - repeal. (1) Legislative declaration. The general assembly finds, determines, and declares that the registration of hemp product and safe harbor hemp product manufacturers and the regulation of premises and places where hemp products and safe harbor hemp products are manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution in accordance with this part 4 and any rules promulgated under this part 4: (a) Are necessary to protect the public health; (b) Will benefit consumers by ensuring that hemp products are sold and distributed by safe sources; (c) Will assist retailers by ensuring that hemp products have not been adulterated during manufacturing, production, packaging, processing, preparing, treating, transporting, and storage; and (d) Will contribute to the economic health of the state by ensuring that Colorado hemp product and safe harbor hemp product manufacturers are permitted to ship their products in interstate commerce. (2) Definitions. As used in this section, unless the context otherwise requires: (a) "Dietary supplement" has the meaning set forth in section 25-5-426 (2)(d). (b) "Hemp" has the meaning set forth in section 35-61-101 (7). (c) "Hemp manufacturer or storage facility" means a facility where hemp products are manufactured or stored. (d) "Hemp product" means a finished product that contains hemp and that: (I) Is a cosmetic, a dietary supplement, a food, a food additive, or an herb; (II) Is intended for human use or consumption; (III) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, or resins; (IV) Is produced from hemp; (V) Contains no more than one and three-fourths milligrams of THC per serving; and (VI) Contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one. (e) "Intoxicating cannabinoid" means a cannabinoid that is classified as an intoxicating cannabinoid in this section or by rule of the department acting in coordination with the state licensing authority, in accordance with subsections (4)(g) and (4)(h) of this section. (f) "Manufacturing or processing", "manufacturing", "manufacture", "process", or "processing" has the same meaning as "manufacturing or processing", as set forth in section 25-5-426 (2)(h). (g) "Nonintoxicating cannabinoid" means a cannabinoid that is classified as a nonintoxicating cannabinoid in this section or by rule of the department acting in coordination with the state licensing authority, in accordance with subsections (4)(g) and (4)(h) of this section. (h) "Physical separation" means segregation of the operations of a regulated hemp facility, including: (I) The physical separation of hemp products and safe harbor hemp products during manufacture, production, storage, and distribution; and (II) The use of separate equipment for the manufacture or production of hemp products and safe harbor hemp products. (i) "Potentially intoxicating cannabinoid" has the meaning set forth in section 44-10-103 (48.5). (j) "Registrant" means a person registered under subsection (5) of this section. (k) "Regulated hemp facility" means: (I) A hemp manufacturer or storage facility; or (II) A safe harbor manufacturer or storage facility. the manufacture or production of hemp products and safe harbor hemp products. (i) "Potentially intoxicating cannabinoid" has the meaning set forth in section 44-10-103 (48.5). (j) "Registrant" means a person registered under subsection (5) of this section. (k) "Regulated hemp facility" means: (I) A hemp manufacturer or storage facility; or (II) A safe harbor manufacturer or storage facility. (l) "Safe harbor hemp product" means a hemp-derived compound or cannabinoid, whether a finished product or in the process of being produced, that is permitted to be manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution in Colorado for export from Colorado but that is not permitted to be sold or distributed in Colorado. (m) "Safe harbor manufacturer or storage facility" or "safe harbor facility" means a facility that manufactures for distribution, produces for distribution, packages for distribution, processes for distribution, prepares for distribution, treats for distribution, transports for distribution, or holds for distribution a safe harbor hemp product. (n) "Semi-synthetic cannabinoid" has the meaning set forth in section 44-10-209 (2)(b). (o) "Serving" means the size or portion customarily consumed per eating occasion, expressed in a common household measure as established in table 2 of 21 CFR 101.12. (p) "State licensing authority" has the meaning set forth in section 44-10-103 (69). (q) "Synthetic cannabinoid" has the meaning set forth in section 44-10-209 (2)(c). (r) "Tetrahydrocannabinol" or "THC" has the meaning set forth in section 44-10-209 (2)(d). (s) "Tincture" means a liquid hemp product that is packaged in a container of four fluid ounces or less, that is not a beverage or intended for drinking, and that consists of a solution: (I) Containing at least twenty-five percent nondenatured alcohol or a base of glycerin or plant-based oil; (II) Containing hemp, hemp concentrate, or hemp extract; and (III) Intended for human use. (3) Powers and duties of the department - rules. The department has the power and duty to: (a) Grant or deny a registration issued under subsection (5) of this section and to grant or deny the annual renewal of a registration; (b) Suspend, deny, or revoke a registration under circumstances prescribed in this section or in rules promulgated under this section; (c) Review any records of a registrant that manufactures for distribution, produces for distribution, packages for distribution, processes for distribution, prepares for distribution, treats for distribution, transports for distribution, or holds for distribution products subject to this section as necessary to verify compliance with this section; (d) Promulgate rules necessary to authorize or prohibit chemical modification, conversion, or synthetic derivation of cannabinoids or other hemp-derived compounds, unless otherwise permitted by this part 4 or by any rules promulgated under this part 4; tion, transports for distribution, or holds for distribution products subject to this section as necessary to verify compliance with this section; (d) Promulgate rules necessary to authorize or prohibit chemical modification, conversion, or synthetic derivation of cannabinoids or other hemp-derived compounds, unless otherwise permitted by this part 4 or by any rules promulgated under this part 4; (e) (I) Promulgate rules, in coordination with the state licensing authority, establishing the amount of any cannabinoid that makes the cannabinoid intoxicating; (II) Promulgate rules implementing subsection (8) of this section; (III) If necessary, promulgate rules creating a process to prevent cross contamination between hemp products and safe harbor hemp products and specifying a set of requirements for: (A) The co-location of the manufacture of, production of, storage of, and distribution of hemp products and safe harbor hemp products; and (B) The use of the same equipment for the production of safe harbor hemp products and hemp products; (IV) Promulgate rules prohibiting the export of a safe harbor hemp product to a state where the safe harbor hemp product is prohibited by state statute; and (V) Promulgate rules prohibiting the manufacture, production, or distribution of a safe harbor hemp product that is also a synthetic cannabinoid; (f) Promulgate rules governing testing and labeling, as provided in subsections (4)(c)(II) and (4)(d)(III) of this section. In promulgating the labeling for hemp products, the department shall consider: (I) The labeling rules promulgated by the state licensing authority governing products with THC; (II) How best to inform consumers of the ratio of cannabidiol to THC, including a differentiation between product labels based on the ratio of CBD to THC; and (III) Information on potential health effects of using hemp products and requirements for consumer notice as required in subsection (4)(f) of this section. (g) Promulgate rules authorizing, prohibiting, or regulating hemp-derived ingredients in hemp products that are compounds other than cannabinoids; (h) Promulgate any other rules that are necessary for the fair, impartial, and comprehensive administration of this part 4 with respect to hemp, hemp products, or safe harbor hemp products; and (i) Issue a cease-and-desist order or clean-up order to address violations of this section. (4) Classifications of hemp-derived compounds and cannabinoids - rules. (a) Hemp-derived compounds and cannabinoids are divided into three classifications: (I) Nonintoxicating cannabinoids; (II) Potentially intoxicating cannabinoids; and (III) Intoxicating cannabinoids. (b) (I) Nonintoxicating cannabinoids include: (A) Full spectrum hemp extract that contains no more than one and three-fourths milligrams of THC per serving and contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one; (B) Broad spectrum hemp extract; (C) Cannabidiol, also known as "CBD"; (D) Tetrahydrocannabivarin, also known as "THCV"; (E) Cannabichromene, also known as "CBC"; (F) Cannabicitran, also known as "CBT"; (G) Cannabicyclol, also known as "CBL"; (H) Cannabielsoin, also known as "CBE"; (I) Cannabigerol, also known as "CBG"; (J) Cannabidivarin, also known as "CBDV"; and (K) Cannabinol, also known as "CBN". (II) Nonintoxicating cannabinoids that are derived from hemp may be used as an ingredient in a hemp product or as a finished hemp product in accordance with this section and the rules promulgated under this part 4 or in accordance with article 10 of title 44 and the rules promulgated under article 10 of title 44. (J) Cannabidivarin, also known as "CBDV"; and (K) Cannabinol, also known as "CBN". (II) Nonintoxicating cannabinoids that are derived from hemp may be used as an ingredient in a hemp product or as a finished hemp product in accordance with this section and the rules promulgated under this part 4 or in accordance with article 10 of title 44 and the rules promulgated under article 10 of title 44. (c) (I) A person shall not: (A) Manufacture, produce, or distribute a potentially intoxicating cannabinoid within Colorado, as an ingredient in a hemp product or as a finished hemp product, unless the potentially intoxicating cannabinoid is a safe harbor hemp product that is exported from Colorado; or (B) Market or promote a hemp product as containing THC or any other potentially intoxicating cannabinoid. (II) A person that manufactures, produces, or distributes a product containing a potentially intoxicating cannabinoid shall label the product in accordance with the rules promulgated under this section. (d) (I) Intoxicating cannabinoids include the following in an amount that exceeds the amount established by rule or, if no rule establishes the amount, in any amount: (A) Delta-10 THC and its isomers; (B) Delta-9 THC and its isomers; (C) Delta-8 THC and its isomers; (D) Delta-7 THC and its isomers; (E) Delta-6a, 10a THC and its isomers; (F) Exo-tetrahydrocannabinol; (G) Metabolites of THC, including 11-hydroxy-THC, 3-hydroxy-THC, or 7-hydroxy-THC; (H) Hydrogenated forms of THC, including hexahydrocannabinol, hexahydrocannabiphorol, and hexahydrocannabihexol; (I) Synthetic forms of THC, including dronabinol; (J) Ester forms of THC, including delta-8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-O-acetate; (K) Tetrahydrocannabivarins, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin; (L) Analogues of tetrahydrocannabinols with an alkyl chain of four or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, or tetrahydrocannabutols; and (M) Any combination of the compounds, including hexahydrocannabiphorol-O-ester, listed in this subsection (4)(d)(I). (II) A person shall not: (A) Manufacture, produce, or distribute an intoxicating cannabinoid within Colorado, as an ingredient in a hemp product or as a finished hemp product, unless the intoxicating cannabinoid is a safe harbor hemp product that is exported from Colorado; or (B) Market or promote a safe harbor hemp product or hemp product as containing THC or any other intoxicating cannabinoid. (III) A person that manufactures, produces, or distributes a product containing an intoxicating cannabinoid shall label the product in accordance with the rules promulgated under this section. (e) (I) A person shall not manufacture, produce, sell, or offer to sell a synthetic cannabinoid or a product containing a synthetic cannabinoid unless authorized by rule. If synthetic cannabinoids are permitted by rule, the department, in coordination with the state licensing authority, shall promulgate rules providing standards and requirements for the manufacture and production of synthetic cannabinoids in Colorado. The rules must include a labeling requirement for any hemp-derived product manufactured or produced in Colorado that contains a semi-synthetic or synthetic cannabinoid as an ingredient. (II) To be sold, offered for sale, or distributed, semi-synthetic cannabinoids must meet production, testing, and labeling requirements established in rules promulgated by the department under section 25-5-420 and subsection (4)(e)(I) of this section. irement for any hemp-derived product manufactured or produced in Colorado that contains a semi-synthetic or synthetic cannabinoid as an ingredient. (II) To be sold, offered for sale, or distributed, semi-synthetic cannabinoids must meet production, testing, and labeling requirements established in rules promulgated by the department under section 25-5-420 and subsection (4)(e)(I) of this section. (f) The department shall promulgate rules requiring a consumer notice statement if any hemp-derived products that are manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution in this state contain intoxicating cannabinoids or potentially intoxicating cannabinoids. (g) The department, in coordination with the state licensing authority, may promulgate rules to: (I) Classify a hemp-derived compound or cannabinoid that is not classified in this subsection (4); (II) Reclassify a hemp-derived compound or cannabinoid classified in this subsection (4) if: (A) The state has adopted or federal law has established a process to review and approve hemp-derived compounds or cannabinoids; (B) The review and approval process described in subsection (4)(g)(II)(A) of this section evaluates the intoxicating potential of the hemp-derived compound or cannabinoid; and (C) The reclassification is based on the findings of the process and evaluation described in subsections (4)(g)(II)(A) and (4)(g)(II)(B) of this section. (h) To reclassify a hemp-derived compound or cannabinoid, under subsection (4)(g) of this section, the reclassification must: (I) Be supported by peer-reviewed research or clinical trials establishing to a reasonable degree of scientific certainty that the hemp-derived compound or cannabinoid or a product containing a hemp-derived compound or cannabinoid should be reclassified; or (II) Be based on a threat to human health, including substantial reports of intoxication or adverse health event reports. (5) Registration required - regulated hemp facilities - application - fees - repeal. (a) Beginning July 1, 2023, and on or before July 1 of each year thereafter, the owner of a regulated hemp facility shall submit a registration application to the department. To submit an application, each hemp manufacturer or storage facility and each safe harbor manufacturer or storage facility must pay an annual application fee of one hundred dollars plus any additional registration fee specified in subsection (5)(b) of this section. Each registration expires on June 30 of the year for which the registration is issued, regardless of whether the registration was issued after July 1 for the year. Notwithstanding that a registration is valid for only a portion of a fiscal year, the application and registration fee do not change. (b) In addition to the application fee imposed in subsection (5)(a) of this section, the annual registration fee for a regulated hemp facility is one thousand five hundred dollars. issued, regardless of whether the registration was issued after July 1 for the year. Notwithstanding that a registration is valid for only a portion of a fiscal year, the application and registration fee do not change. (b) In addition to the application fee imposed in subsection (5)(a) of this section, the annual registration fee for a regulated hemp facility is one thousand five hundred dollars. (c) (I) To be registered under subsection (5)(a) of this section, a safe harbor manufacturer or storage facility must demonstrate compliance with the federal current good manufacturing practices for food or dietary supplements before registering or within twelve months after the previous registration by submitting to the department: (A) An attestation form, as provided by the department, within thirty days after June 7, 2023, and each year thereafter; and (B) Evidence of obtaining an inspection from an approved third-party auditor by July 1, 2024, and by July 1 of each year thereafter. (II) The department shall not register a person as a safe harbor manufacturer or storage facility under this subsection (5) if the person is registered as a hemp manufacturer or storage facility or as a wholesale food manufacturing and storage facility, unless each safe harbor hemp product: (A) Is physically separated from hemp products during the manufacture of, production of, storage of, and distribution of the safe harbor hemp product; (B) Is manufactured, produced, stored, and distributed in accordance with procedures that are approved by the department and that ensure no cross contamination between hemp products and safe harbor hemp products; or (C) Is manufactured, produced, stored, and distributed in accordance with rules of the department promulgated in accordance with subsection (3)(e)(III) of this section. (III) To be exported for sale or distribution, each safe harbor hemp product must be tested and labeled in accordance with rules promulgated under section 25-5-420 and subsection (4)(e) of this section. (d) A registration issued under this subsection (5) is subject to suspension or revocation, in accordance with article 4 of title 24, if the registrant violates this part 4 or rules promulgated under this part 4. (e) A registrant who violates this section is subject to the civil penalties established in subsection (9) of this section. (f) (I) A regulated hemp facility may continue manufacturing, producing, and distributing hemp products and safe harbor hemp products until the department promulgates rules implementing this subsection (5) if the regulated hemp facility complies with the currently applicable statutes and rules. (II) This subsection (5)(f) is repealed, effective July 1, 2025. (6) Hemp products not adulterated. A product containing hemp produced by a registrant is not deemed adulterated, as defined in sections 25-5-410 and 25-5-416, unless the product meets one or more of the criteria for adulteration set forth in section 25-5-410 or 25-5-416. (7) Fees deposited in fund. The department shall transmit fees collected in accordance with subsection (5) of this section to the state treasurer, who shall credit the fees to the wholesale food manufacturing and storage protection cash fund established in section 25-5-426 (5). (8) Offenses. It is unlawful to engage in or knowingly cause a person to engage in any of the following acts: (a) Manufacturing, selling, or delivering or holding or offering for sale any products containing hemp and intoxicating cannabinoids or potentially intoxicating cannabinoids in excess of limits established by rules promulgated under subsection (3)(e) of this section or section 25-5-420; (b) Manufacturing a product containing hemp that is not a cosmetic, a dietary supplement, a food, a food additive, or an herb; (c) Manufacturing, producing, selling, distributing, or holding for sale or distribution a hemp product without registering with the department under this section; ess of limits established by rules promulgated under subsection (3)(e) of this section or section 25-5-420; (b) Manufacturing a product containing hemp that is not a cosmetic, a dietary supplement, a food, a food additive, or an herb; (c) Manufacturing, producing, selling, distributing, or holding for sale or distribution a hemp product without registering with the department under this section; (d) Manufacturing, producing, selling, distributing, or holding for sale or distribution a safe harbor hemp product without registering with the department under this section; (e) (I) Selling a hemp product to an individual who is under twenty-one years of age if the hemp product: (A) Has more than one and one-fourth milligrams of THC per serving; or (B) Has a ratio of cannabidiol to THC of less than twenty to one. (II) This subsection (8)(e) does not apply to: (A) Products with no THC; (B) Tinctures; (C) Cosmetics; or (D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq. (f) (I) Selling a hemp product in a package with more than five servings if the hemp product: (A) Has more than one and one-fourth milligrams of THC per serving; and (B) Has a ratio of cannabidiol to THC of less than twenty to one. (II) This subsection (8)(f) does not apply to: (A) Products with no THC; (B) Tinctures; (C) Cosmetics; or (D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq. (g) (I) Selling a hemp product in a package with more than thirty servings if the hemp product: (A) Has more than one and one-fourth milligrams of THC per serving; and (B) Has a ratio of cannabidiol to THC of twenty to one or more. (II) This subsection (8)(g) does not apply to: (A) Products with no THC; (B) Tinctures; (C) Cosmetics; or (D) A hemp product that the United States food and drug administration has determined is generally recognized as safe under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq. (9) Penalties. A person who violates this section, the rules promulgated under this section, or a final cease-and-desist order or clean-up order under subsection (3)(i) of this section is subject to a civil penalty of not more than ten thousand dollars per day per violation. The department or the court shall transmit each civil penalty collected under this subsection (9) to the state treasurer, who shall credit the penalty to the wholesale food manufacturing and storage protection cash fund established in section 25-5-426 (5). In determining the amount of a civil penalty under this subsection (9), the department or the court shall consider the following factors: (a) The actual or potential damage from the violation; (b) The violator's compliance history; (c) Whether the violation was intentional, reckless, or negligent; (d) The effect upon or threat posed to the public health or environment as a result of the violation; (e) The duration of the violation; and (f) Any economic benefit realized by the violator as a result of the violation. (10) Inspections and monitoring - rules. (a) For the purpose of enforcement of this section, the department may conduct inspections of regulated hemp facilities in accordance with section 25-5-421. (b) Unless the department approves, a county, a district created under article 1 of title 32, a municipality, or a city and county shall not perform a food safety inspection at a premises or place where hemp products or safe harbor hemp products are manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution. article 1 of title 32, a municipality, or a city and county shall not perform a food safety inspection at a premises or place where hemp products or safe harbor hemp products are manufactured for distribution, produced for distribution, packaged for distribution, processed for distribution, prepared for distribution, treated for distribution, transported for distribution, or held for distribution. (c) The department may promulgate rules establishing monitoring requirements for safe harbor hemp products in accordance with good manufacturing practices. The rules may include inventory tracking, surveillance, and record-keeping requirements.

C.R.S. § 25-5-501 Short title

25-5-501. Short title. This part 5 shall be known and may be cited as the "Colorado Hazardous Substances Act of 1973".

C.R.S. § 25-5-502 Definitions

25-5-502. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Banned hazardous substance" means: (a) (I) Any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted. (II) The department shall exempt by regulation articles, such as chemical sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings. Proceedings for the issuance, amendment, or repeal of exemption regulations shall be governed by the provisions of section 25-5-508. (b) Any hazardous substance intended, or packaged in a form suitable, for use in the household which the department by regulation classifies as a banned hazardous substance on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this article for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels of commerce. (2) "Combustible" means any substance which has a flash point above eighty degrees Fahrenheit to and including one hundred and fifty degrees, as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department. (3) "Commerce" means any and all commerce within the state of Colorado, and subject to the jurisdiction thereof, and includes the operation of any business or service establishment. (4) "Corrosive substance" means any substance which, in contact with living tissue, will cause destruction of tissue by chemical action but shall not refer to action on inanimate surfaces. (5) "Department" means the department of public health and environment. (6) "Electrical hazard" means an article, the design or manufacture of which, in normal use or when subjected to reasonably foreseeable damage or abuse, may cause personal injury or illness by electric shock. (7) "Executive director" means the executive director of the department of public health and environment. (8) "Extremely flammable substance" is a substance which has a flash point at or below twenty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department. (9) "Flammable substance" is a substance which has a flash point above twenty degrees Fahrenheit to and including eighty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by the methods generally applicable to such materials or containers and established by regulation issued by the department. ve twenty degrees Fahrenheit to and including eighty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by the methods generally applicable to such materials or containers and established by regulation issued by the department. (10) (a) "Hazardous substance" means any substance or mixture of substances which: (I) Is toxic; (II) Is corrosive; (III) Is an irritant; (IV) Is a strong sensitizer; (V) Is flammable or combustible; or (VI) Generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. (b) "Hazardous substance" also means: (I) Any substances which the department by regulation finds, pursuant to the provisions of section 25-5-508, meet the requirements of paragraph (a) of this subsection (10); (II) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the department determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this article in order to protect the public health; (III) Any toy or other article intended for use by children which the department by regulation determines, in accordance with section 25-5-508, presents an electrical, mechanical, or thermal hazard. (c) The term "hazardous substance" shall not apply to an economic poison subject to regulation by the federal government; to a substance regulated by the "Pesticide Act"; to food, drugs, and cosmetics subject to regulation by the federal government or the "Colorado Food and Drug Act"; or to anhydrous ammonia as an agricultural fertilizer as regulated by article 13 of title 35, C.R.S. "Hazardous substance" shall not include a substance intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house or any source material, special nuclear material, or byproduct material as defined in the federal "Atomic Energy Act of 1954", as amended, and regulations issued pursuant thereto by the atomic energy commission. (11) (a) "Highly toxic" means any substance which falls within any of the following categories: (I) Produces death within fourteen days in one-half or more than one-half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or (II) Produces death within fourteen days in one-half or more than one-half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or (III) Produces death within fourteen days in one-half or more than one-half of a group of ten or more rabbits tested in a dosage of two hundred milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for twenty-four hours or less. h concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or (III) Produces death within fourteen days in one-half or more than one-half of a group of ten or more rabbits tested in a dosage of two hundred milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for twenty-four hours or less. (b) If the department finds that available data on human experience with any substance indicate results different from those obtained on animals in the above-named dosages or concentrations, the human data shall take precedence. (12) "Irritant" means any substance not corrosive within the meaning of subsection (4) of this section which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction. (13) "Label" means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement made by or under authority of this part 5 that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and on all accompanying literature where there are directions for use, written or otherwise. (14) "Mechanical hazard" means an article, the design or manufacture of which, in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness from fracture, fragmentation, or disassembly of the article; from propulsion of the article or any part or accessory thereof; from points or other protrusions, surfaces, edges, openings, or closures of the article; from moving parts of the article; from lack or insufficiency of controls to reduce or stop the motion of the article; as a result of self-adhering characteristics of the article; because the article, or any part or accessory thereof, may be aspirated or ingested; because of the instability of the article; or because of any other aspect of the article's design or manufacture. (15) "Misbranded hazardous substance" means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to section 25-5-508, fails to bear a label: ended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to section 25-5-508, fails to bear a label: (a) Which states conspicuously: (I) The name and place of business of the manufacturer, packer, distributor, or seller; (II) The common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the department by regulation permits or requires the use of a recognized generic name; (III) The signal word "DANGER" on substances which are extremely flammable, corrosive, or highly toxic; (IV) The signal word "WARNING" or "CAUTION" on all other hazardous substances; (V) An affirmative statement of the principal hazard or hazards, such as "Flammable", "Combustible", "Vapor Harmful", "Causes Burns", "Absorbed Through Skin", or similar wording descriptive of the hazard; (VI) Precautionary measures describing the action to be followed or avoided, except when modified by regulation of the department pursuant to section 25-5-508; (VII) Instruction, when necessary or appropriate, for first-aid treatment; (VIII) The word "poison" for any hazardous substance which is highly toxic; (IX) Instructions for handling and storage of packages which require special care in handling or storage; and (X) The statement "Keep out of the reach of children" or its practical equivalent or, if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard. (b) On which any statement required under paragraph (a) of this subsection (15) is located prominently and is in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label. (16) "Person" means an individual, partnership, corporation, or association or its legal representative or agent. (17) "Radioactive substance" means a substance which emits ionizing radiation. (18) "Strong sensitizer" means a substance which will cause, on normal living tissue, through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the department. Before designating any substance as a strong sensitizer, the department, upon consideration of frequency of occurrence and severity of the reaction, shall find that the substance has significant potential for causing hypersensitivity. (19) "Thermal hazard" means an article, the design, or manufacture of which, in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness because of heat, as from heated parts, substances, or surfaces. (20) "Toxic" shall apply to any substance (other than a radioactive substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface.

C.R.S. § 25-5-503 Prohibited acts

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.

C.R.S. § 25-5-504 Penalties

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.

C.R.S. § 25-5-505 Injunction proceedings

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.

C.R.S. § 25-5-506 Embargo and seizure

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.

C.R.S. § 25-5-507 Duties of district attorney

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.

C.R.S. § 25-5-508 Regulations

25-5-508. Regulations. (1) All regulations adopted now or hereafter under the "Federal Hazardous Substances Act", as amended, shall be the hazardous substances regulations in this state. However, the department is authorized to promulgate regulations for the efficient enforcement of this part 5, which regulations shall be no less stringent than the regulations established pursuant to the "Federal Hazardous Substances Act", as amended; except that regulation relating to the precautionary labeling or exemptions thereto shall not differ from the requirements of the "Federal Hazardous Substances Act", as amended, and the regulations promulgated pursuant thereto. (2) (a) Whenever in the judgment of the executive director such action will promote the objectives of this part 5 by avoiding or resolving uncertainty as to its application, the executive director may by regulation declare to be a hazardous substance, for the purposes of this part 5, any substance or mixture of substances which he finds meets the definition in section 25-5-502 (10). (b) If the executive director finds that the hazard of an article subject to this part 5 is such that labeling adequate to protect the public health and safety cannot be devised or the article presents an imminent danger to the public health and safety, the executive director may declare such article to be a banned hazardous substance and require its removal from commerce. (c) (I) A determination by the executive director that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made by regulation in accordance with article 4 of title 24, C.R.S. (II) If, before or during a proceeding pursuant to subparagraph (I) of this paragraph (c), the executive director finds that, because of an electrical, mechanical, or thermal hazard, distribution of the toy or other article involved presents an imminent hazard to the public health and he gives notice of such finding, such toy or other article shall be deemed to be a banned hazardous substance for purposes of this part 5 until the proceeding has been completed. If not yet initiated when such notice is given, such proceeding shall be initiated as soon as possible. (d) In the case of any toy, substance, or other article intended for use by children which is determined by the executive director to present an electrical, mechanical, or thermal hazard, any person who will be adversely affected by such a determination may, at any time prior to the sixtieth day after the regulation making such determination is issued by the executive director, ask for judicial review as provided in section 24-4-106, C.R.S. (3) All regulations promulgated under this part 5 shall be promulgated in accordance with the provisions of article 4 of title 24, C.R.S. (4) Hearings authorized or required by this article shall be conducted according to the provisions of article 4 of title 24, C.R.S. (5) A federal regulation automatically adopted pursuant to this part 5 takes effect in this state on the date it becomes effective as a federal regulation. The department shall publish all other proposed regulations thirty days prior to hearing thereon. A person who may be adversely affected by a regulation may file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation in this state. (6) If no substantial objections are received and no hearing is requested within thirty days after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least sixty days after the time for filing objections has expired. ial objections to a federal regulation automatically adopted stays the effect of the regulation in this state. (6) If no substantial objections are received and no hearing is requested within thirty days after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least sixty days after the time for filing objections has expired. (7) If substantial objections are made to a federal regulation within thirty days after it is automatically adopted or to a proposed regulation within thirty days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a federal regulation, it may reinstate, rescind, or modify such regulation. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least sixty days after publication of the order.

C.R.S. § 25-5-509 Examinations - investigations

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.

C.R.S. § 25-5-510 Records of shipment

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.

C.R.S. § 25-5-511 Publicity

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.

C.R.S. § 25-5-512 Exception - discretion as to reporting

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.

C.R.S. § 25-5-801 Definitions

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.

C.R.S. § 25-5-802 Submission of plans and specifications

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.

C.R.S. § 25-5-803 Sanitation of swimming areas

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.

C.R.S. § 25-5-804 Safety standards for swimming areas

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.

C.R.S. § 25-5-805 Connection with potable water

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.

C.R.S. § 25-5-806 Inspection

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.

C.R.S. § 25-5-807 Injunctive relief

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.

C.R.S. § 25-5-808 Municipalities may regulate

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.

C.R.S. § 25-5-809 Applicability of part 8

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.

C.R.S. § 25-5-810 Rules and regulations

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.

C.R.S. § 25-5-1001 Short title

25-5-1001. Short title. This part 10 shall be known and may be cited as the "Artificial Tanning Device Operation Act".

C.R.S. § 25-5-1002 Legislative declaration

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.

C.R.S. § 25-5-1003 Definitions

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.

C.R.S. § 25-5-1004 Registration required - fee - artificial tanning device education fund - creation

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.

C.R.S. § 25-5-1005 Exemptions

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.

C.R.S. § 25-5-1006 Rule-making authority - board

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).

C.R.S. § 25-5-1007 Owner responsibilities

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.

C.R.S. § 25-5-1008 Complaints - investigation

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.

C.R.S. § 25-5-1009 Penalties

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.

C.R.S. § 25-5-1010 Enforcement

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.

C.R.S. § 25-5-1011 Assumption of risk inapplicable

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.

C.R.S. § 25-5-1101 Legislative declaration

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.

C.R.S. § 25-5-1102 Definitions

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).

C.R.S. § 25-5-1103 Lead hazard reduction program

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.

C.R.S. § 25-5-1104 Comprehensive plan

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.

C.R.S. § 25-5-1106 Acceptance of gifts, grants, and donations - lead hazard reduction cash fund

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.

C.R.S. § 25-5-1201 Preemption

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.

C.R.S. § 25-5-1202 Definitions

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.

C.R.S. § 25-5-1203 Personal care products containing microbeads - production, manufacture, and sale prohibited

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.

C.R.S. § 25-5-1204 Penalty for violation

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.

C.R.S. § 25-5-1301 Short title

25-5-1301. Short title. The short title of this part 13 is the "Firefighting Foams and Personal Protective Equipment Control Act".

C.R.S. § 25-5-1302 Definitions

25-5-1302. Definitions. As used in this part 13, unless the context otherwise requires: (1) "Chemical plant" means a large integrated plant or that portion of such a plant, other than either a plant in which flammable liquids are produced on a commercial scale from crude petroleum, natural gasoline, or other hydrocarbon sources or a plant or that portion of a plant where flammable liquids produced by fermentation are concentrated and where the concentrated products may also be mixed, stored, or packaged, where flammable liquids are produced by chemical reactions or used in chemical reactions. (1.5) "Class B fire" means a fire involving flammable liquids or gases, including petroleum, paint, alcohol, solvent, oil, and tar. (2) "Class B firefighting foam" means foam designed for flammable liquid fires. (3) "Department" means the department of public health and environment. (3.3) "Eligible entity" means an entity identified by the department as an entity that may qualify for the grant program. (3.5) "Eligible material" means a material containing perfluoroalkyl and polyfluoroalkyl substances that is identified by the department as eligible for purchase under the take-back program. (3.6) "Executive director" means the executive director of the department or the executive director's designee. (3.7) "Fees" means the fees imposed by section 8-20-206.5 (6). (4) "Fire department" means the duly authorized fire protection organization of a town, city, county, or city and county, a fire protection district, a metropolitan district or county improvement district that provides fire protection, or a volunteer fire department organized under section 24-33.5-1208.5. (5) "Firefighting personal protective equipment" means any clothing, including jackets, pants, shoes, gloves, helmets, and respiratory equipment, designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties. (5.5) "Fund" means the perfluoroalkyl and polyfluoroalkyl substances cash fund created in section 8-20-206.5 (7). (5.7) "Grant program" means the perfluoroalkyl and polyfluoroalkyl substances grant program created in section 25-5-1310. (5.8) "Intentionally added PFAS chemicals" has the meaning set forth in section 25-15-603 (12). (6) "Manufacturer" means a person or entity that manufactures firefighting agents or firefighting equipment and any agents of that person or entity, including an importer, a distributor, an authorized servicer, a factory branch, and a distributor branch. (7) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (7.5) "Release" means any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a chemical into the environment. (8) "Take-back program" means the program created in section 25-5-1311 that allows the department to purchase and dispose of materials that contain perfluoroalkyl and polyfluoroalkyl substances. (9) "Terminal" means a facility that engages in the wholesale distribution of crude petroleum and petroleum products, including liquified petroleum gas from bulk liquid storage facilities. (10) "Water quality spills hotline" means the phone system created and maintained by the department for the reporting of spills or discharges into state waters to the department.

C.R.S. § 25-5-1303 Restriction on sale of certain firefighting foams - exemptions

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.

C.R.S. § 25-5-1303.5 Restriction on use of certain firefighting foams - rules

25-5-1303.5. Restriction on use of certain firefighting foams - rules. (1) Beginning January 1, 2024, a person that uses class B firefighting foam containing intentionally added PFAS chemicals shall: (a) Not allow a release of the class B firefighting foam; (b) Fully contain the class B firefighting foam by implementing appropriate containment measures, which may include bunds and ponds, that: (I) Are controlled; (II) Are impervious to PFAS chemicals; and (III) Do not allow the class B firefighting foam or any associated firewater, wastewater, runoff, or other waste to be released; (c) Safely store all class B firefighting foam and any associated firewater, wastewater, runoff, and other waste in a way that prevents their release until the federal environmental protection agency has published guidance on the proper disposal and destruction methods for PFAS chemicals. After the federal environmental protection agency has published guidance on the proper disposal and destruction methods for PFAS chemicals, the person that uses the class B firefighting foam containing intentionally added PFAS chemicals shall dispose of and destroy the class B firefighting foam in accordance with such guidance. (d) If there is a release of the class B firefighting foam or any associated firewater, wastewater, runoff, or other waste, report the following information to the water quality spills hotline within twenty-four hours after its release: (I) The trade name and product name of the class B firefighting foam; (II) The quantity of class B firefighting foam used that contains intentionally added PFAS chemicals; (III) The amount and type of PFAS chemicals in the class B firefighting foam; and (IV) The amount of class B firefighting foam or any associated firewater, wastewater, runoff, and other waste that is released; and (e) Document any measures undertaken pursuant to the requirements of this section. In investigating compliance with the requirements of this section, the attorney general may request that the person provide the documentation created pursuant to the requirements of this subsection (1)(e) to the attorney general. (2) Beginning January 1, 2024, a person that uses class B firefighting foam that contains intentionally added PFAS chemicals must report the use of the class B firefighting foam to the water quality spills hotline within twenty-four hours after its use. (3) (a) Except as provided in subsection (3)(b) of this section, the restrictions and requirements in subsections (1) and (2) of this section do not apply to the use of class B firefighting foam where the inclusion of PFAS chemicals is required or authorized by federal law, including 14 CFR 139, or implemented in accordance with federal aviation administration guidance, or otherwise required for a military purpose. (b) If the executive director determines by rule that the laws, guidance, or requirements described in subsection (3)(a) of this section no longer apply to a particular industry or sector, the executive director shall provide notice on the department's website of this determination and shall promulgate rules prohibiting users of class B firefighting foam within that industry or sector from using class B firefighting foam in violation of this section, which rules shall apply no sooner than two years after the executive director's determination.

C.R.S. § 25-5-1304 Notification requirement

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.

C.R.S. § 25-5-1305 Notice of chemicals in personal protective equipment

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.

C.R.S. § 25-5-1306 Certificate of compliance

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.

C.R.S. § 25-5-1307 Civil penalty

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.

C.R.S. § 25-5-1308 Survey

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.

C.R.S. § 25-5-1309 Restriction on the use of certain firefighting foam at certain airports - definitions

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.

C.R.S. § 25-5-1310 Perfluoroalkyl and polyfluoroalkyl substances grant program

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.

C.R.S. § 25-5-1311 Perfluoroalkyl and polyfluoroalkyl substances take-back program

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.

C.R.S. § 25-5-1312 Reporting requirement

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.

C.R.S. § 25-5-1401 Short title

25-5-1401. Short title. The short title of this part 14 is the "Clean Lighting Act".

C.R.S. § 25-5-1402 Legislative declaration

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.

C.R.S. § 25-5-1403 Definitions

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).

C.R.S. § 25-5-1404 Scope and applicability

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.

C.R.S. § 25-5-1405 Prohibited lamps

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.

C.R.S. § 25-5-1406 Enforcement - verifications of compliance - civil action by attorney general - penalties

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.

C.R.S. § 25-5-1501 Definitions

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.

C.R.S. § 25-5-1502 Sodium nitrite - restriction of sale - label requirements

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.

C.R.S. § 25-5-1503 Sale or transfer of covered products to commercial businesses

25-5-1503. Sale or transfer of covered products to commercial businesses. (1) A covered entity may sell or transfer a covered product to a verified commercial business pursuant to this subsection (1). A commercial business is verified if, prior to the sale or transfer of the covered product: (a) The commercial business affirms that the business requires covered products; and (b) The covered entity has a system that verifies that the commercial business requires a covered product. (2) The following systems, whether relied on solely or in combination, do not satisfy the verification obligation of the covered entity specified in subsection (1)(b) of this section: (a) A sale verification system relying on the purchaser or recipient simply providing a statement of commercial need and intended usage without additional verification; (b) A sale verification system relying on the purchaser or recipient using tick boxes to confirm that the purchaser or recipient is in a commercial business and requires covered products; or (c) A sale verification system relying on the purchaser or recipient using an "accept" statement for the purchaser or recipient to confirm that the purchaser or recipient has read the terms and conditions.

C.R.S. § 25-5-1504 Label requirements

25-5-1504. Label requirements. (1) (a) A covered entity shall label each covered product with the phrase "Warning danger: Deadly if ingested. In event of ingestion, immediately seek emergency medical attention for intravenous administration of methylene blue. Ingestion of sodium nitrite, even in small quantities, causes severe methemoglobinemia, extreme pain, or imminent death. Keep out of reach of children." (b) The label required in subsection (1)(a) of this section must be in a size equal to at least two percent of the surface area of the principal display panel, accompanied by a skull and crossbones symbol. (2) Where the covered product is displayed in advertising or in electronic media, a label notice must accompany the display in no smaller a size than is equivalent to the primary description of the covered product. (3) If a covered product is shipped or delivered in packaging that obscures or hides the principal display panel, or is sold in bulk or within the same packaging as another product, the packaging must include a skull and crossbones symbol in a location likely to be seen and read by an ordinary individual under customary conditions of transportation and delivery. (4) If a federal agency or state department does not approve a product label that otherwise complies with the labeling requirements of this section, the covered entity shall use a label that complies with as many of the requirements of this section as the relevant agency has approved.

C.R.S. § 25-5-1505 Records

25-5-1505. Records. A covered entity shall retain sale and transfer records and documentation for each purchase or transfer of a covered product for three years after the date of sale or transfer.

C.R.S. § 25-5-1506 Violations - penalties

25-5-1506. Violations - penalties. (1) A covered entity that violates this part 15 is subject to a civil penalty of ten thousand dollars for the first violation and a civil penalty of no more than one million dollars for a second or subsequent violation. (2) (a) The attorney general or any aggrieved individual may bring an action to impose a civil penalty for a violation of this part 15. A civil penalty imposed pursuant to this section does not exclude any other public or private cause of action. (b) Any aggrieved individual, other than the attorney general, who prevails in a civil action against a covered entity is entitled to reasonable attorney fees, costs, and the greater of actual economic damages or three thousand dollars.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026

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