§ 25-5-401. Short Title

This part 4 shall be known and may be cited as the “Colorado Food and Drug Act”. Source: L. 57: p. 424, § 1. CRS 53: § 66-22-1. C.R.S. 1963: § 66-20-1.

§ 25-5-402. Definitions

As used in this part 4, unless the context otherwise requires: “Advertisement” means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics. “Color” includes black, white, and intermediate […]

§ 25-5-403. Offenses

The following acts and the causing thereof within this state are prohibited: The manufacture, sale, or delivery or the holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded; The adulteration or misbranding of any food, drug, device, or cosmetic; The receipt in commerce of any food, drug, […]

§ 25-5-404. Injunction

In addition to the remedies provided in this part 4, the department is authorized to apply to the district court of the district wherein the defendant resides or has his place of business for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any […]

§ 25-5-405. Penalties

[ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who violates any of the provisions of section 25-5-403 (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail […]

§ 25-5-406. Tagging Articles Misbranded or Adulterated

Whenever a duly authorized agent of the department finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated or misbranded within the meaning of this part 4, he shall affix to such article a tag or other appropriate marking giving notice that such article is, or is suspected of […]

§ 25-5-407. Duties of District Attorney

It is the duty of each district attorney to whom the department reports any violation of this part 4 to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Source: L. 57: p. 429, § 7. CRS 53: § 66-22-7. C.R.S. 1963: […]

§ 25-5-408. Discretion as to Warning

Nothing in this part 4 shall be construed as requiring the department to report, for the institution of proceedings under this part 4, minor violations of this part 4 whenever the department believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. Source: L. 57: p. […]

§ 25-5-409. Regulations

Definitions and standards of identity, quality, and fill of container for any food adopted under authority of the federal act are the definitions and standards of identity, quality, and fill of container in this state. However, when, in its judgment, such action will promote honesty and fair dealing in the interest of consumers, the department […]

§ 25-5-410. Definitions of “Adulterated”

A food is deemed to be adulterated: If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph (a) if the quantity of such substance in such food does […]

§ 25-5-411. Definitions of “Misbranding”

A food shall be deemed to be misbranded: If its labeling is false or misleading in any particular; If its labeling or packaging fails to conform to the requirements of section 25-5-419; If it is offered for sale under the name of another food; If it is an imitation of another food, unless its label […]

§ 25-5-412. Issuance of Permits

Whenever the department finds after investigation that the distribution in this state of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that such injurious nature cannot be adequately determined after such articles have entered commerce, it, then and […]

§ 25-5-413. Limit of Adulteration – Rule or Regulation

Any added poisonous or deleterious substance, food additive, pesticide chemical in or on a raw agricultural commodity, or color additive, with respect to any particular use or intended use, shall be deemed unsafe for the purpose of application of section 25-5-410 (1)(b) with respect to any food, section 25-5-414 (1)(a) to (1)(f) with respect to […]

§ 25-5-414. Adulterations

A drug or device shall be deemed to be adulterated: If it consists in whole or in part of any filthy, putrid, or decomposed substance; If it has been produced, prepared, packed, or held under unsanitary conditions under which it may have been contaminated with filth or rendered injurious to health; If it is a […]

§ 25-5-415. Misbranding

A drug or device is deemed to be misbranded: If its labeling is false or misleading in any particular; If its labeling or packaging fails to conform with the requirements of section 25-5-419; If in package form, unless it bears a label containing: The name and place of business of the manufacturer, packer, or distributor; […]

§ 25-5-416. Adulteration of Cosmetics

A cosmetic shall be deemed to be adulterated: If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. This provision shall not apply to coal-tar […]

§ 25-5-417. Misbranding of Cosmetics

A cosmetic shall be deemed to be misbranded: If its labeling is false or misleading in any particular; If its labeling or packaging fails to conform with the requirements of section 25-5-419; If in package form, unless it bears a label containing the name and place of business of the manufacturer, packer, or distributor and […]

§ 25-5-418. Advertisements

An advertisement of a food, drug, device, or cosmetic is deemed to be false if it is false or misleading in any particular. For the purpose of this part 4, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, arthritis, baldness, blood poison, bone disease, Bright’s disease, […]

§ 25-5-419. Packaging and Labeling of Consumer Commodities

All labels of consumer commodities, as defined in section 25-5-402 (4), shall conform with the requirements for the declaration of net quantity of contents of the federal “Fair Packaging and Labeling Act” (15 U.S.C. sec. 1453) and the regulations promulgated pursuant thereto; but consumer commodities exempted from such requirements of the federal “Fair Packaging and […]

§ 25-5-420. Enforcement

The authority to promulgate regulations for the efficient enforcement of this part 4 is vested in the department. The department is authorized to make the regulations promulgated under this part 4 conform, insofar as practicable, with those promulgated under the federal act, the federal “Fair Packaging and Labeling Act”, 15 U.S.C. secs. 1451-1461, and the […]