§ 25-4-1801. Short Title

This part 18 shall be known and may be cited as the “Shellfish Dealer Certification Act”. Source: L. 97: Entire part added, p. 81, § 1, effective July 1.

§ 25-4-1802. Legislative Declaration

The general assembly finds, determines, and declares that the certification of shellfish dealers and the regulation of premises or places wherein shellfish are handled, stored, and processed for distribution in accordance with the guidelines of the national shellfish sanitation program administered by the United States food and drug administration is necessary to protect the public […]

§ 25-4-1803. Definitions

As used in this part 18, unless the context otherwise requires: “Certification” means the issuance of a numbered certificate to a person for a particular activity or group of activities that indicates: Permission from the department to conduct the activity; and Compliance with the requirements of the department. “Certification number” means the unique identification number […]

§ 25-4-1804. Department Designated as Certifying and Inspecting Agency

For the purpose of regulating and controlling shellfish dealers, establishing sanitary conditions therein, and the enforcement and administration of this part 18, the department is hereby authorized as the state certifying and inspection agency pursuant to applicable federal law and rules. Source: L. 97: Entire part added, p. 83, § 1, effective July 1.

§ 25-4-1805. Powers and Duties of Department – Rules

The department is hereby authorized to enforce this part 18 and to adopt and enforce reasonable rules and standards to implement this part 18. Such rules and standards shall be consistent with, and no more stringent than, standards adopted pursuant to the national shellfish sanitation program and may include, but shall not be limited to: […]

§ 25-4-1806. Shellfish Dealers – Certificate Required – Application – Fees

Any person desiring to do business as a shellfish dealer in Colorado shall apply for and obtain a valid shellfish dealer certification issued by the department pursuant to this part 18 and any rules adopted pursuant thereto. Any such application shall be accompanied by the appropriate fee, if any, set by the department. Each shellfish […]

§ 25-4-1807. Record-Keeping Requirements

Each certificated shellfish dealer shall keep and maintain records in the form and manner designated by the department. Records maintained pursuant to subsection (1) of this section shall be retained at the dealer’s address of record for at least one year or for such different period as the department may specify by rule. Source: L. […]

§ 25-4-1808. Unlawful Acts

Unless otherwise authorized by law, it is unlawful and a violation of this part 18 for any person to: Perform any of the acts for which certification as a shellfish dealer is required without possessing a valid certification; Hold oneself out as being so qualified to perform any of the acts for which certification pursuant […]

§ 25-4-1809. Inspections – Investigations – Access – Subpoena

The department, upon its own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this part 18. The department shall have the right of access, at any reasonable time, during regular working hours and at other times during which activity is evident, to any premises […]

§ 25-4-1810. Enforcement

The department or its designee shall enforce the provisions of this part 18. If the department has reasonable cause to believe a violation of any provision of this part 18 or any rule adopted pursuant to this part 18 has occurred and immediate enforcement is deemed necessary, it may issue a cease-and-desist order, which shall […]

§ 25-4-1811. Disciplinary Actions – Denial of Certification

The department, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any certification authorized under this part 18 if the applicant or certificated person has: Refused or failed to comply with any provision of this part 18, any […]

§ 25-4-1812. Civil Penalties

Any person who violates any provision of this part 18 or any rule adopted pursuant to this part 18 is subject to a civil penalty, as determined by the department. The maximum penalty shall not exceed fifty dollars per violation. No civil penalty may be imposed unless the person charged is given notice and opportunity […]

§ 25-4-1813. Criminal Penalties

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person who violates any of the provisions of section 25-4-1808 commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501 (1), C.R.S.