§ 35-14-101. Short Title
This article shall be known and may be cited as the “Measurement Standards Act of 1983”. Source: L. 83: Entire article R&RE, p. 1339, § 1, effective July 1.
§ 35-14-102. Definitions
As used in this article, unless the context otherwise requires: (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.) (1.7) “Certificate of conformance” means a document issued by the national type evaluation program constituting evidence of conformance of a weighing and measuring device with the requirements of […]
§ 35-14-103. Systems of Weights and Measures – Customary or Metric
The inch pound system and the metric system of weights and measures are jointly valid, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weights and measures, the tables of weights and measures, and the equivalents of weights and measures, […]
§ 35-14-104. Physical Standards
Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state’s reference standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards […]
§ 35-14-105. Technical Requirements for Weighing and Measuring Devices – Certificate Required – Exception
The specifications, tolerances, and other technical requirements, including user requirements, for commercial, law enforcement, data gathering, and other weighing and measuring devices adopted by the national conference on weights and measures and published in the national institute of standards and technology handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices”, […]
§ 35-14-106. Administration
The commissioner shall administer and enforce the provisions of this article and shall have and may exercise any and all of the administrative powers conferred upon the head of a department of the state. The commissioner is authorized to employ, pursuant to section 13 of article XII of the state constitution, such deputies and inspectors […]
§ 35-14-107. Powers and Duties of Commissioner – Rules
The commissioner shall: Maintain traceability of this state’s standards to the standards of the national institute of standards and technology; Implement and carry out the provisions of this article; Establish requirements for labeling, requirements for the presentation of cost-per-unit information, standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity; […]
§ 35-14-108. Special Police Powers
When necessary to perform his duties or to implement the provisions of this article or the rules and regulations promulgated pursuant thereto, the commissioner or his authorized agent may: Enter any commercial premises during normal business hours; except that, in the event such premises are not open to the public, he shall first present his […]
§ 35-14-110. Misrepresentation of Quantity
No person shall sell, offer, advertise, or expose for sale less than the quantity of commodity or service he represents nor take any more than the quantity of commodity or service he represents. Source: L. 83: Entire article R&RE, p. 1345, § 1, effective July 1. Editor’s note: This section is similar to former §§ […]
§ 35-14-111. Misrepresentation of Price
No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. Source: L. 83: Entire article R&RE, p. 1345, § 1, effective July […]
§ 35-14-112. Method of Sale – General
Except as otherwise provided by the commissioner by rule, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by measure, or by count, so long as the method of sale provides accurate quantity and pricing information. Source: L. 83: […]
§ 35-14-115. Machine Vended Commodities
Each vending machine which dispenses commodities in package form shall indicate: Proper identity; Net quantity; and Name, address, and telephone number of the vendor or of the responsible party. The requirements for product identity and net quantity can be met either by display of the package or by information posted on the outside of the […]
§ 35-14-116. Railroad Car Tare Weights
Whenever stenciled tare weights on freight cars are employed in the sale of commodities or the assessment of freight charges, the following conditions and requirements shall apply: All newly stenciled or restenciled tare weights shall be accurately represented to the nearest one hundred pounds for inch pound units and to the nearest fifty kilograms for […]
§ 35-14-117. Unit Pricing – Application – Inch Pound or Metric
Except for random-weight packages unit priced in accordance with rules promulgated pursuant to this article, any retail establishment providing unit price information in addition to the total price for any commodity shall also provide the unit price information for all such commodities as required by rules promulgated pursuant to this article. Either metric or inch […]
§ 35-14-118. Declarations on Packages
Except as otherwise provided in this article, any commodity in package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of: The net quantity of the contents in terms of weight, measure, or count; and In the case of any package not sold on the premises where packed, the […]
§ 35-14-119. Misleading Packages – Allowances
No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may have been […]
§ 35-14-120. Declaration of Unit Price on Random-Weight Packages
In addition to the declarations required by section 35-14-118, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight. Source: L. […]
§ 35-14-121. Weigher – Qualification – Certification – Revocation
A person who has sufficiently good moral character to carry on the business stated in the application, subject to section 24-5-101, C.R.S., who has the ability to weigh accurately, make correct weight certificates, and who has received from the commissioner a certificate of certified weigher may use the title of and shall be authorized to […]
§ 35-14-122. Public Scales – Requirements – Weight Certificates – Procedures – Records
Provision shall be made for official certified scales throughout the state for the purpose of doing public weighing if the scale owners agree to meet the requirements of this article. Such scales shall be operated only by a certified weigher. All equipment used by certified weighers shall be approved by the commissioner. The commissioner shall […]
§ 35-14-123. Weighing and Measuring Device Service Providers – Certification – Fees – Placing in Service – Rules
No person, other than the owner, may repair, service, or place in service any commercial weighing or measuring device for which the owner must obtain a license to operate unless the person is certified by the commissioner as a commercial weighing and measuring device service provider. The commissioner may specify the requirements for certification of […]