Colorado § 35-9-123 - Embargo - penalty.

§ 35-9-123. Embargo - penalty.

(1) This section shall apply whenever the commissioner finds or has reasonable cause to believe that any pesticide or device:

(a) Is adulterated or misbranded;

(b) Has not been registered under the provisions of this article;

(c) Fails to bear on its label the information required by this article; or

(d) Is in violation of any provision of this article or any rule made pursuant to this article.

(2) If any of the conditions specified in subsection (1) of this section apply, the commissioner may affix to such pesticide or device a tag or other appropriate marking giving notice thereof and stating that the pesticide or device has been detained or embargoed and warning all persons not to remove or dispose of such pesticide or device by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.

(3) Any person who removes or disposes of such detained or embargoed pesticide or device by sale or otherwise, without prior permission, or removes or alters the tag or marking commits a class 2 misdemeanor. In addition, such person may be subjected to appropriate administrative proceedings.

(4) When a pesticide or device detained or embargoed under subsection (2) of this section has been found by the commissioner to be in violation of any provision of this article 9 or any rule adopted pursuant to this article 9, and if the violation has not been resolved in thirty days, the commissioner may petition a court of competent jurisdiction for a condemnation of such pesticide or device. When the commissioner has found that a pesticide or device so detained or embargoed is not adulterated or misbranded, the commissioner shall remove the tag or other marking.

(5) If the court finds that a detained or embargoed pesticide or device is in violation of this article 9 or rules adopted pursuant to this article 9, the pesticide or device shall after entry of the decree be destroyed at the expense of the owner, claimant, or custodian of the pesticide or device, under the supervision of the commissioner, and all court costs and attorney fees and storage and other proper expenses shall be assessed against the owner, claimant, or custodian of the pesticide or device or the owner's, claimant's, or custodian's agent. However, if the adulteration or misbranding can be corrected by proper labeling or processing of the pesticide or device, the court, after entry of the decree and after such costs, attorney fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of such pesticide or device, may order that the pesticide or device be delivered to the owner, claimant, or custodian for such labeling or processing under the supervision of the commissioner. The expense of such supervision shall be paid by the owner, claimant, or custodian. The pesticide or device shall be returned to the owner, claimant, or custodian on the representation to the court by the commissioner that the pesticide or device is no longer in violation of this article 9 and that the expenses of such supervision have been paid.

Source: L. 90: Entire article R&RE, p. 1572, § 1, effective June 7. L. 2002: (3) amended, p. 1547, § 304, effective October 1. L. 2021: (3) amended, amended, (SB 21-271), ch. 462, p. 3277, § 617, effective March 1, 2022. L. 2025: (4) and (5) amended, (HB 25-1084), ch. 24, p. 102, § 40, effective August 6.

Editor's note: This section is similar to former § 35-9-110 as it existed prior to 1990.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.