Colorado § 35-21-106 - Rules - commissioner to enforce - procedure.

§ 35-21-106. Rules - commissioner to enforce - procedure.

(1) The commissioner may formulate rules concerning licensing, transporting, processing, labeling, sale, storage, inspection, and record keeping for the furtherance and enforcement of this part 1 for both poultry eggs and other eggs. The commissioner shall promulgate the rules in accordance with article 4 of title 24.

(2) (a) The commissioner is responsible for enforcing this article. The commissioner or the commissioner's designee shall have access during regular business hours to business premises, facilities, vehicles, and records pertinent to activities regulated under this article.

(b) If the commissioner determines that this article 21 or the rules promulgated for the enforcement of this article 21 are being violated, the commissioner may cause "stop sale notices" to be placed on all poultry eggs or other eggs being sold or offered for sale in violation of this article 21 or the rules. A person shall not sell or otherwise dispose of poultry eggs or other eggs upon which a "stop sale notice" has been issued until the "stop sale notice" has been canceled by the commissioner or a duly authorized agent.

(3) (a) If an authorized person from the department requests to inspect poultry eggs or other eggs, it is unlawful for a person to refuse to submit for inspection the following or to refuse to stop a vehicle transporting the following:

(I) Poultry eggs;

(II) Other eggs;

(III) Poultry egg products; or

(IV) Other egg products.

(b) Any authorized agent of the department may, while enforcing this article 21, seize and hold as evidence any carton or container of poultry eggs or other eggs received, packed, stored, delivered for shipment, loaded, or in transit in violation of this article 21.

Source: L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-6. L. 95: (1) and (2) amended, p. 703, § 18, effective May 23. L. 2009: (1) and (2)(a) amended, (SB 09-127), ch. 63, p. 226, §§ 14, 15, effective July 1. L. 2020: (1), (2)(b), and (3) amended, (HB 20-1211), ch. 159, p. 713, § 6, effective June 29; (1) amended, (HB 20-1343), ch. 217, p. 1077, § 6, effective September 14.

Editor's note: Subsection (1) was amended in HB 20-1211. Those amendments were harmonized in part with and superseded in part by the amendment of subsection (1) in HB 20-1343.

Cross references: For rule-making procedures, see article 4 of title 24.