§ 25-5.5-103 — Powers and duties

Colorado § 25-5.5-103

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Dairy Products, Imitation Dairy Products,

Text

(1) The department shall cause to be
enforced the provisions of this part 1 and all other state laws and regulations
regarding the production, manufacture, and sale of dairy products. The department
shall inspect or cause to be inspected any milk, butter, or cheese or any other dairy
product which it suspects or has reason to believe is unsanitary, adulterated, or
counterfeit and shall inspect or cause to be inspected any cow, building, dairy farm,
dairy plant, vehicle, or premises used for the production, manufacture, sale, or
transportation of any dairy product when it suspects or has reason to believe that
such product is unsanitary, adulterated, or counterfeit. Unsanitary or adulterated
dairy products shall be subject to condemnation by the department and, when
condemned, must be so treated that it cannot be manufactured or renovated for
human food.

(2) For the purpose of enforcing this part 1, the department shall have free
access to any barn or stable where any cow is kept or milked or to any factory,
building, dairy farm, dairy plant, premises, or place in which it has reason to believe
that any dairy product or counterfeit dairy product is manufactured, handled,
prepared, sold, or offered for sale and may enforce such measures as may be
necessary to secure perfect cleanliness in and around the same, and of any utensil
used therein, and to prevent the sale of any unsanitary, adulterated, or counterfeit
dairy product.

(3) For the purpose of enforcing this part 1, the department may open any
package or receptacle of any kind which contains, or which is supposed to contain,
any dairy product or counterfeit dairy product and examine or analyze the contents
thereof. Any such article or sample thereof may be seized or taken for the purpose
of having it analyzed; but, if the person from whom it is taken so requests at the
time of taking, the officer shall then, and in the presence of that person, securely
seal two samples of such article, one of which shall be for analysis under the
direction of the department and the other for delivery to the person from whom the
sample or article was obtained.

Legislative History

Source: L. 85: Entire article added, p. 890, � 1, effective April 5.