§ 35-31-201 — Protection of agricultural products - damages - definitions

Colorado § 35-31-201

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Destruction of Food Products

Text

(1)
(a) Any person who, without the consent of the owner of an agricultural product,
exercises control over the agricultural product with the intent to deprive such
owner of the agricultural product or who maliciously damages or destroys the
agricultural product, or who encourages or conspires with another to do so, shall be
liable for damages as described in subsection (2) of this section.

(b) For purposes of this section:

(I) Agricultural product means any product of agriculture as defined in
section 35-1-102 (1).

(II) Experimental agricultural product means any product of agriculture, as
defined in section 35-1-102 (1) that is the subject of testing or a product
development program being conducted by a private entity, a federal, state, or local
government agency, or an educational institution, or that has been developed
through such a program.

(2) For a violation of subsection (1) of this section, a court shall award:

(a) The market value of the experimental agricultural product itself and
costs directly related to research, testing, production, replacement, and
development of the experimental agricultural product. The court may award treble
damages.

(b) The market value of the agricultural product itself and costs directly
related to production and replacement. The court may award treble damages.

(c) Reasonable attorney fees; and

(d) Litigation costs.

(3) The rights and remedies available under this section are in addition to any
other rights or remedies otherwise available.

Legislative History

Source: L. 2002: Entire part added, p. 236, � 1, effective April 12.