§ 25-5-403 — Offenses

Colorado § 25-5-403

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

Text

(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.

Legislative History

Source: L. 57: p. 426, � 3. CRS 53: � 66-22-3. C.R.S. 1963: � 66-20-3. L. 70: p. 199, � 2. L. 89: (2) added, p. 708, � 3, effective July 1. L. 2010: (3) added, (HB 10-1284), ch. 355, p. 1684, � 3, effective July 1. L. 2018: (3) amended, (HB 18-1023), ch. 55, p. 589, � 19, effective October 1. L. 2019: (3) repealed, (SB 19-224), ch. 315, p. 2940, � 25, effective January 1, 2020.