Colorado § 25-5.5-107 - Testing and sampling of dairy products - unlawful acts - licensing - dairy protection cash fund - created.

§ 25-5.5-107. Testing and sampling of dairy products - unlawful acts - licensing - dairy protection cash fund - created.

(1) It is unlawful for any person engaged in buying, selling, testing, or handling, or engaged in determining the value of, milk, cream, or any other dairy product by the use of an approved test to give, by himself or his agent, any false reading of the test, or to manipulate the test in any way so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy product actually contains, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of the milk, cream, or other dairy product to be tested an inaccurate sample for the test. It is unlawful for any person to use any test tube, bottle, pipette, or instrument in connection with such test which is not perfectly clean; and any such unclean glassware is declared to be inaccurate.

(2) It is unlawful for any person to sample or test milk, cream, or any other dairy product to determine the value of such product when bought and sold or to instruct another person for such purpose without first having a license granted by the department, which license shall be conspicuously displayed in the person's place of business. Licenses shall be granted to those persons who have completed a course in milk and cream testing at any recognized college or dairy school or to those persons who have passed a satisfactory examination under the direction of the department. The license shall be subject to cancellation by the department at any time if it finds that the person holding the license is incompetent or guilty of violating this part 1.

(3) Every person engaged in receiving, buying, selling, or otherwise handling milk or cream for sale, shipment, manufacture, or distribution, except public transportation companies, is required to hold a license to be known as a dairy plant license for the operation of each receiving station, skimming station, concentrating station, milk plant condensary, creamery, cheese factory, ice-cream factory, or other dairy plant being so operated.

(4) (a) (I) A temporary permit to operate the following dairy plants may be issued by the department upon application and upon the payment of a yearly license fee in the amount specified in subparagraph (II) of this paragraph (a) for each condensary, cheese factory, ice-cream factory, or other place of business where dairy products are manufactured or put in containers for sale or distribution.

(II) Except for a transfer or receiving station, which shall be charged the fee set forth in subsection (4)(a)(II)(A) of this section, the fee for a license issued under this subsection (4) shall be determined and paid according to the annual average daily amount of milk received for manufacturing by the dairy plant, as follows:

Annual average daily amount of milk received Fee

(A) Under 1,000 pounds​ $390

(B) 1,000 to 19,999 pounds​ $780

(C) 20,000 to 449,999 pounds​ $1,300

(D) 450,000 or more pounds​ $2,080

(III) Subject to the limitation in subsection (4)(a)(IV) of this section and in addition to the fee required in subsection (4)(a)(II) of this section, a dairy plant that receives more than twenty thousand pounds of milk per day shall pay one cent for each one hundred pounds or fraction thereof of milk received.

(IV) If the total amount of fees required in subsections (4)(a)(II) and (4)(a)(III) of this section would require a dairy plant to pay more than one hundred fifty thousand dollars in a year, the department shall reduce the volume of production fee in subsection (4)(a)(III) of this section until the total amount the dairy plant is required to pay under subsections (4)(a)(II) and (4)(a)(III) of this section is one hundred fifty thousand dollars.

(b) A temporary permit is valid until an inspection has been made by an agent of the department; whereupon, if the applicant has complied with the requirements of the dairy laws, the department shall issue a license for a period of one year from the July 1 next preceding the actual date of issue.

(5) The department has the power to issue necessary regulations for the government of licensed dairy plants and licensed milk samplers covering such points as disposal of sewage, location with regard to living rooms and other possible sources of contamination, and other points not specifically mentioned in the dairy laws.

(6) These regulations shall have the force and effect of law, and the department has the power to cancel a license for a period not exceeding ninety days when it finds that the holder thereof has violated the law or regulations. Suit may be brought against the state to establish the reasonableness of a regulation, and, if the decision affirms the reasonableness of the regulation, it shall be enforced.

(7) All moneys collected by the department for the license fees provided for in this section shall be transmitted to the state treasurer, who shall credit the same to the dairy protection cash fund, referred to in this subsection (7) as the "fund",which is hereby created in the state treasury. The general assembly shall annually appropriate the moneys in the fund to the department for the payment of expenses necessary to administer this section. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall not revert to the general fund or any other fund.

Source: L. 85: Entire article added, p. 892, § 1, effective April 5. L. 2009: (2), (4)(a), and (7) amended, (HB 09-1320), ch. 350, p. 1831, § 2, effective June 30. L. 2023: (2) and (4)(a)(II) amended and (4)(a)(III) and (4)(a)(IV) added, (SB 23-240), ch. 109, p. 391, § 1, effective July 1.