C.R.S. Section 35-14-108
Special police powers

(1)

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:

(a)

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 credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained;

(b)

Issue stop-use, hold, or removal orders with respect to any weights and measures commercially used and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale which do not meet the requirements of this article;

(c)

Seize, for use as evidence and without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this article or any rule or regulation promulgated pursuant thereto;

(d)

Stop any commercial vehicle and, after presentment of his credentials, require that the person in charge of the vehicle produce any documents in his possession concerning the contents of said vehicle, inspect the contents of such vehicle at the site, and, if necessary, require such person to proceed with the vehicle to some specified place for inspection.

(2)

The commissioner may administer oaths and take statements, issue subpoenas requiring the attendance of witnesses before him or her and the production of all books, memoranda, papers, and other documents, articles, or instruments, and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.

(3)

If the owner, or the owner’s agent, of any commercial premises or vehicle refuses to admit the commissioner to inspect such premises or vehicle, the commissioner may obtain from the district or county court for the district or county in which such premises or vehicle is located a warrant to enter and inspect such premises or vehicle.

Source: Section 35-14-108 — Special police powers, (accessed Dec. 24, 2024).

35‑14‑101
Short title 35‑14‑102
Definitions 35‑14‑103
Systems of weights and measures - customary or metric 35‑14‑104
Physical standards 35‑14‑105
Technical requirements for weighing and measuring devices - certificate required - exception 35‑14‑106
Administration 35‑14‑107
Powers and duties of commissioner - rules 35‑14‑108
Special police powers 35‑14‑110
Misrepresentation of quantity 35‑14‑111
Misrepresentation of price 35‑14‑112
Method of sale - general 35‑14‑115
Machine vended commodities 35‑14‑116
Railroad car tare weights 35‑14‑117
Unit pricing - application - inch pound or metric 35‑14‑118
Declarations on packages 35‑14‑119
Misleading packages - allowances 35‑14‑120
Declaration of unit price on random-weight packages 35‑14‑121
Weigher - qualification - certification - revocation 35‑14‑122
Public scales - requirements - weight certificates - procedures - records 35‑14‑123
Weighing and measuring device service providers - certification - fees - placing in service - rules 35‑14‑124
Inaccurate devices - stickers - tags - wire seals - rules 35‑14‑124.5
Disciplinary powers 35‑14‑126
Commercial weighing device exemption - licensing - testing 35‑14‑127
Licenses - fees - rules - stickers - certificates 35‑14‑128
Laboratory approval - service - condemnation 35‑14‑129
Moisture-testing devices and grain protein analyzers - specifications 35‑14‑130
Stop sale order 35‑14‑131
Civil penalties 35‑14‑132
Criminal penalties 35‑14‑133
Enforcement 35‑14‑134
Repeal of sections - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 35-14-108’s source at