Colorado § 35-12-112 - Adulteration.

§ 35-12-112. Adulteration.

(1) No person shall distribute an adulterated product. A commercial fertilizer, soil conditioner, plant amendment, or compost is deemed adulterated:

(a) If it contains any deleterious or harmful substance in sufficient amount to render it injurious to human health or beneficial plant, animal, or aquatic life, when applied in accordance with directions for use on the label or normal application practices, or if adequate warning statements or directions for use, which may be necessary to protect human health or beneficial plant, animal, or aquatic life, are not shown on the label;

(b) If its composition falls below or differs from that which it is purported to possess by its labeling;

(c) If it contains unwanted crop seed or weed seed;

(d) If the concentration of any metal in the product exceeds the level established for that constituent by rule of the commissioner; or

(e) If it contains an infectious agent in sufficient amount to render it injurious to human health or beneficial plant, animal, or aquatic life.

Source: L. 71: R&RE, p. 140, § 1. C.R.S. 1963: § 6-13-12. L. 77: IP(1) and (1)(a) amended, p. 1592, § 11, effective July 1. L. 2008: Entire article amended, p. 1621, § 1, effective August 5.

ANNOTATION

Buyers of commercial fertilizer are within the class of persons to be protected by this section and may base a claim of negligence per se on a violation of this section. Deacon v. Am. Plant Food Corp., 782 P.2d 861 (Colo. App. 1989), rev'd on other grounds sub nom. Stone's Farm Supply, Inc. v. Deacon, 805 P.2d 1109 (Colo. 1991).