§ 25-5-501. Short Title

This part 5 shall be known and may be cited as the “Colorado Hazardous Substances Act of 1973”. Source: L. 73: R&RE, p. 697, § 1. C.R.S. 1963: § 66-21-1.

§ 25-5-502. Definitions

As used in this part 5, unless the context otherwise requires: “Banned hazardous substance” means: Any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or […]

§ 25-5-503. Prohibited Acts

The following acts and the causing thereof are hereby prohibited: The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance; The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a […]

§ 25-5-504. 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 25-5-503 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for […]

§ 25-5-505. Injunction Proceedings

In addition to the remedies provided in this part 5, the executive director is authorized to apply to the district court for a temporary or permanent injunction restraining any person from violating any provision of section 25-5-503, irrespective of whether or not there exists an adequate remedy at law. Source: L. 73: R&RE, p. 703, […]

§ 25-5-506. Embargo and Seizure

Whenever a duly authorized agent of the department finds or has probable cause to believe that any hazardous substance is misbranded or is a banned hazardous substance within the meaning of this part 5, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected […]

§ 25-5-507. Duties of District Attorney

It is the duty of each district attorney to whom the executive director reports any violation of this part 5 to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this part 5 is reported to any such […]

§ 25-5-508. Regulations

All regulations adopted now or hereafter under the “Federal Hazardous Substances Act”, as amended, shall be the hazardous substances regulations in this state. However, the department is authorized to promulgate regulations for the efficient enforcement of this part 5, which regulations shall be no less stringent than the regulations established pursuant to the “Federal Hazardous […]

§ 25-5-509. Examinations – Investigations

For the purposes of enforcement of this part 5, officers or employees duly designated by the executive director, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized to enter, at reasonable times, any factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for introduction into […]

§ 25-5-510. Records of Shipment

For the purpose of enforcing the provisions of this part 5, carriers engaged in commerce and persons receiving hazardous substances in commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the executive director, permit such officer or employee, at reasonable times, to have access […]

§ 25-5-511. Publicity

The executive director may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under this part 5, including the nature of the charge and the disposition thereof. The executive director may also cause to be disseminated information regarding hazardous substances in situations involving, in […]

§ 25-5-512. Exception – Discretion as to Reporting

Nothing in this part 5 shall be construed as: Applicable to any person or corporation if the safety of his or its product or service is already regulated by any agency of the state of Colorado; Requiring the executive director to report minor violations of this part 5 for the institution of proceedings under this […]