§ 25-5-205 — Enforcement of part 2

Colorado § 25-5-205

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Products Control and Safety

Text

(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.

Legislative History

Source: L. 49: p. 431, � 5. CSA: C. 69, � 129. CRS 53: � 66-15-5. C.R.S. 1963: � 66-15-5.