§ 35-77-107 — Investigation - access to records and facilities

Colorado § 35-77-107

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Produce Safety

Text

(1) The
commissioner may close to public inspection investigations, complaints of record,
and farm records; except that:

(a) The person in interest, as defined in section 24-72-202, may access these
records; or

(b) The records may be accessed in accordance with a court order.

(2) (a) During regular business hours, a farm shall give the commissioner
access, upon the commissioner giving the farm written notice and obtaining
consent or an administrative search warrant, to real property used for, any building
used for, or any facility used for activities regulated under this article 77 if the
access is for the purpose of implementing or enforcing this article 77 or any rule
adopted under this article 77.

(b) During regular business hours, a farm shall give the commissioner, upon
the commissioner giving the farm written notice, access to all records required to
be kept by rule of the commissioner and shall allow the commissioner to make
copies of the records if the access or copying is for the purpose of implementing or
enforcing this article 77 or any rule adopted under this article 77.

(3) The commissioner may make any investigation necessary to ensure
compliance with this article 77.

(4) (a) The commissioner may:

(I) Administer oaths and take statements;

(II) Issue subpoenas requiring the attendance of witnesses before the
commissioner and compel the witnesses to disclose all known facts concerning the
matter under investigation; and

(III) Require the production of books, documents, items, or instruments.

(b) Upon the failure or refusal of a witness to obey a subpoena compelling
the witness to appear and testify or to produce documentary evidence, the
commissioner may petition the district court to compel the witness to obey the
subpoena. Upon a proper showing, the court may enter an order requiring
compliance with the subpoena. Failure to obey the court's order is punishable as a
contempt of court.

Legislative History

Source: L. 2019: Entire article added, (HB 19-1114), ch. 74, p. 272, � 2, effective August 2.