Colorado § 35-60-110 - Enforcement - inspection - sampling - analysis.

§ 35-60-110. Enforcement - inspection - sampling - analysis.

(1) For the purpose of enforcing this article and the rules promulgated pursuant thereto, including the determination of whether or not an operation may be subject to this article, the commissioner, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized to:

(a) Enter, during normal business hours, any building, structure, land, vehicle, or other premises or property, public or private, within the state, in or on which feeds are manufactured, processed, packed, distributed, transported, stored, disposed of, or used as feed for any cattle, sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food, and to inspect such premises, property, or vehicle and all pertinent equipment, finished and unfinished materials, containers, records, and labeling in or on such premises, property, or vehicle. The inspection may include obtaining samples and the verification of records and production and control procedures as may be necessary to determine compliance with the rules adopted under section 35-60-107 (2)(n) or (2)(p).

(b) (Deleted by amendment, L. 2007, p. 997, § 11, effective May 22, 2007.)

(2) If the commissioner has obtained a sample in the course of an inspection, upon completion of the inspection and prior to leaving the premises, the commissioner shall give to the owner, operator, or agent in charge of the premises a receipt describing the samples obtained.

(3) If the owner, or the owner's agent, of any building, structure, land, vehicle, or other premises or property described in subsection (1) of this section refuses to admit the commissioner to inspect such premises, property, or vehicle, the commissioner is authorized to obtain from the district or county court for the district or county in which such premises, property, or vehicle is located a warrant to enter and inspect such premises, property, or vehicle and to sample such feeds, feed ingredients, or raw agricultural commodities according to this section prior to entry, inspection, and sampling. The district and county courts of this state are empowered to issue such warrants upon a proper showing of the need for such entry, inspection, and sampling. Any information concerning any methods, records, formulations, or processes that are entitled to protection as trade secrets under the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., and that are obtained in the course of the inspection or sampling shall be kept confidential.

(4) Sampling and analysis performed pursuant to this section shall be conducted in accordance with methods published by the international association of official analytical chemists or other generally recognized methods.

(5) The commissioner, in determining whether a feed is in violation in any component, shall be guided by the official sample as defined in section 35-60-102 (15) and obtained and analyzed in accordance with subsections (1) and (2) of this section.

(6) The results of all analyses of official samples revealing violations shall be forwarded by the commissioner to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicated a commercial feed has been adulterated or misbranded and upon request within thirty days following the receipt of the analysis, the commissioner shall furnish to the manufacturer a portion of the sample concerned.

Source: L. 99: Entire article R&RE, p. 575, § 1, effective January 1, 2000. L. 2007: (1), (3), and (5) amended, p. 997, § 11, effective May 22. L. 2009: (3) amended, (SB 09-292), ch. 369, p. 1979, § 112, effective August 5.

Editor's note: This section is similar to former § 35-60-110 as it existed prior to 1999.