§ 35-60-112 — Penalties

Colorado § 35-60-112

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Commercial Feeding Stuffs

Text

(1) A person who violates this article 60 or who
impedes, hinders, or otherwise prevents, or attempts to prevent, the commissioner
or the commissioner's duly authorized agent in the performance of the
commissioner's or agent's duty in connection with this article 60 is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than one hundred
dollars nor more than two hundred fifty dollars or, upon a subsequent conviction,
not less than two hundred dollars nor more than five hundred dollars.

(2) Nothing in this article shall be construed to require the commissioner or
agent to:

(a) Report for prosecution;

(b) Institute seizure proceedings;

(c) Issue a stop distribution, manufacture, or use as feed order as a result
of minor violations of this article or rules promulgated pursuant thereto.

(3) Each district attorney to whom a violation is reported shall cause
appropriate proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay. Before the commissioner reports a violation for
prosecution, the commissioner shall allow an opportunity for the alleged violator to
present the alleged violator's view to the commissioner.

(4) The commissioner may apply to the court for, and the court may issue, an
order for a temporary restraining order or injunction restraining any person from
violating or continuing to violate any of the provisions of this article or any rule
promulgated pursuant thereto, notwithstanding the existence of other remedies at
law. Such temporary restraining order or injunction shall be issued without the
posting of a bond.

(5) Any person who is adversely affected by acts of the commissioner or
rules promulgated pursuant to this article may appeal pursuant to the procedures
of article 4 of title 24, C.R.S.

(6) Any person who uses to the person's own advantage, or reveals to state
officials other than the commissioner, or to the courts when relevant in any judicial
proceeding, any information acquired under the authority of this article 60
concerning any methods, records, formulations, or processes that are trade secrets
and entitled to protection under the law commits a petty offense; except that
nothing in this subsection (6) shall be construed to prohibit the commissioner from
exchanging information of a regulatory nature with duly appointed officials of the
United States or other state governments who are similarly prohibited by law from
revealing this information.

Legislative History

Source: L. 99: Entire article R&RE, p. 577, � 1, effective January 1, 2000. L. 2007: (2)(c) and (3) amended, p. 998, � 13, effective May 22. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3288, � 665, effective March 1, 2022. L. 2025: (1) and (3) amended, (HB 25-1084), ch. 24, p. 142, � 167, effective August 6.