§ 13-25-137 — Admissibility of commercial packaging

(1) Labels or packages
listing, indicating, or describing the contents or ingredients of any commercially
packaged item are admissible in evidence to prove that the item contains the
contents or ingredients listed on the label or package. A label or package listing
that identifies the contents or ingredients of a container or package constitutes
prima facie evidence that the items in the container or package were composed in
whole or in part of the contents.

(2) Prior to the admission of evidence pursuant to this section, the court shall
make a preliminary determination as to whether the item constitutes a
commercially packaged item as described in subsection (1) of this section. This
determination may include any evidence the court deems appropriate, including but
not limited to evidence of where the item is available for purchase, whether the
item is subject to state or federal regulation, or any other evidence observable on
the package that indicates or constitutes indicia of the label's or package's
reliability. Extrinsic evidence that an item is commercially packaged is not a
prerequisite to the court's determination.

Legislative History

Source: L. 2012: Entire section added, (HB 12-1310), ch. 268, p. 1391, � 1, effective June 7.