C.R.S. Section 35-36-212
Warehouse operator’s liability for disposal of tainted commodities

(1)

A warehouse operator is liable for any loss or deterioration of commodities in a public warehouse caused by the warehouse operator’s failure to exercise reasonable care of the commodities.

(2)

If a warehouse operator discovers that, as a result of a condition of a commodity placed in the warehouse operator’s public warehouse of which the warehouse operator had no notice at the time of deposit, the commodity is a hazard to other commodities or to persons or to the public warehouse and if the commodity is not immediately removed by the owner upon the warehouse operator’s request, the warehouse operator may sell the commodity after reasonable notice to all persons known to claim an interest in the commodity. If the warehouse operator is unable to sell the commodity after a reasonable effort, the warehouse operator may dispose of it in any other lawful manner, and shall incur no liability to the owner for the disposition.

(3)

At any time before the sale or disposition authorized in this section, the warehouse operator shall deliver the commodity to any person entitled to it upon proper demand and payment of all charges incurred for the specific lot of that commodity.

(4)

The commissioner may reject as unsuitable for storage any area of the warehouse operator’s premises, unless that area is used for storing the warehouse operator’s own commodities.

Source: Section 35-36-212 — Warehouse operator’s liability for disposal of tainted commodities, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-35.­pdf (accessed Oct. 20, 2023).

35‑36‑101
Short title 35‑36‑102
Definitions 35‑36‑103
Commissioner - rules - delegation of powers and duties 35‑36‑104
Cease-and-desist order - restraining order 35‑36‑105
Civil penalties 35‑36‑106
Penalties 35‑36‑107
Appeal 35‑36‑109
Repeal of article 35‑36‑201
Licenses - commodity handler - rules 35‑36‑202
Exemptions 35‑36‑203
Commodity handler licenses - application requirements - fee 35‑36‑204
Licenses - requirements - rules 35‑36‑205
Disciplinary powers - licenses 35‑36‑206
Bailment of commodities 35‑36‑207
Credit sale contracts - rules 35‑36‑208
Commodity grades established - rules 35‑36‑209
Negotiable warehouse receipts - rules 35‑36‑210
Use of scale tickets and negotiable warehouse receipts 35‑36‑211
Commodity handler records - separate and distinct - time of maintenance - definition 35‑36‑212
Warehouse operator’s liability for disposal of tainted commodities 35‑36‑213
Enforcement - inspection of commodity handlers’ property - confidentiality 35‑36‑214
Procedure on shortage - refusal to submit to inspection 35‑36‑215
Inspection fees 35‑36‑216
Bonds or irrevocable letters of credit - exemptions 35‑36‑217
Unlawful acts - definition 35‑36‑301
Legislative declaration 35‑36‑302
Application for license - rules 35‑36‑303
License fee - renewal - rules 35‑36‑304
Bonds and irrevocable letters of credit - exemptions 35‑36‑305
Investigations, hearings, and examinations 35‑36‑306
Disciplinary powers - licenses 35‑36‑307
Credit sale contracts - rules 35‑36‑308
Records of dealers 35‑36‑309
Records of small-volume dealers 35‑36‑310
Daily reports and settlements 35‑36‑311
Pooled consignment 35‑36‑312
Enforcement 35‑36‑313
Unlawful acts - definition 35‑36‑314
Penalties for theft of farm products
Green check means up to date. Up to date

Current through Fall 2024

§ 35-36-212’s source at colorado​.gov