As used in this part 4, unless the context otherwise requires:
"Advertisement" means all representations disseminated in any manner or by anymeans, 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 grays.
(a) "Color additive" means a material which:
Is a dye, pigment, or other substance made by a process of synthesis or similar artifice or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; and
When added or applied to a food, drug, or cosmetic or to the human body or any partthereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which is exempted under the federal act.
(b) Nothing in this subsection (3) shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process or produce of the soil and thereby affecting its color, whether before or after harvest.
(4) "Consumer commodity", except as otherwise specifically provided in this subsection
(4), means any food, drug, cosmetic, or device. Such term does not include:
Any tobacco or tobacco product;
Any commodity subject to packaging or labeling requirements imposed under article9 of title 35, C.R.S., being known as the "Pesticide Act", or imposed by the secretary of agriculture under the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended (7
U.S.C. sec. 136 et seq.), or under the federal "Animal Virus, Serum, Toxin, Antitoxin Act" (21 U.S.C. secs. 151-158);
Any drug subject to the provisions of section 25-5-415 (1)(m) or of 21 U.S.C. sec.353 (b)(1) or 356;
Any beverage subject to or complying with packaging or labeling requirements imposed under the "Federal Alcohol Administration Act" (27 U.S.C. secs. 201-211); or
Any commodity subject to the provisions of article 27 of title 35, C.R.S., concerningseeds.
"Contaminated with filth" applies to any food, drug, cosmetic, or device not securelyprotected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
"Cosmetic" means articles intended to be rubbed, poured, sprinkled, or sprayed on,introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance or articles intended for use as a component of any such articles; except that such term does not include soap.
"Department" means the department of public health and environment.
"Device", except when used in subsection (23) of this section and in sections 25-5403 (1)(j), 25-5-411 (1)(g), 25-5-415 (1)(d), and 25-5-417 (1)(d), means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals.
"Drug" means:
Articles recognized in the official United States pharmacopoeia, official homeopathicpharmacopoeia of the United States, official national formulary, or any supplement to any of them;
Articles intended for use in the diagnosis, cure, mitigation, treatment, or preventionof disease in man or other animals;
Articles, other than food, intended to affect the structure or any function of the bodyof man or other animals;
Articles intended for use as a component of any article specified in paragraph (a),(b), or (c) of this subsection (9) but does not include devices or their components, parts, or accessories.
"Federal act" means the "Federal Food, Drug, and Cosmetic Act" (21 U.S.C. sec.301 et seq., 52 Stat. 1040).
"Food" means articles used for food or drink for man or other animals, chewinggum, and articles used for components of any such article.
"Food additive" means any substance, the intended use of which results or may bereasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food and including any source of radiation intended for any such use) if such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures (or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or
experience based on common use in food) to be safe under the conditions of its intended use.
The term does not include:
A pesticide chemical in or on a raw agricultural commodity;
A pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity;
A color additive; or
Any substance used in accordance with a sanction or approval granted prior to theenactment of the amendment to the federal act known as the "Food Additives Amendment of 1958", the "Poultry Products Inspection Act" (21 U.S.C. secs. 451-470), or the "Federal Meat Inspection Act", as amended and extended (21 U.S.C. secs. 603-623).
"Immediate container" does not include package liners.
"Label" means a display of written, printed, or graphic matter upon the immediatecontainer of any article; and by or under the authority of this part 4 a requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper.
"Labeling" means all labels and other written, printed, or graphic matter upon anarticle or any of its containers or wrappers, or accompanying such article.
"Official compendium" means the official United States pharmacopoeia, officialhomeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them.
"Package" means any container or wrapping in which any consumer commodity isenclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term does not include:
Shipping containers or wrappings used solely for the transportation of any consumercommodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or
Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers or wrappers bear no printed matter pertaining to any particular commodity.
"Person" includes an individual, partnership, corporation, and association.
"Pesticide chemical" means any substance which alone, in chemical combination, orin formulation with one or more other substances is a pesticide within the meaning of section 359-102 (21), C.R.S., and which is used in the production, storage, or transportation of raw agricultural commodities.
"Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.
"Raw agricultural commodity" means any food in its raw or natural state, includingall fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.
"Safe", as used in subsection (12) of this section, has reference to the health of manor animal.
If an article is alleged to be misbranded because the labeling is misleading or if anadvertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account all representations made or suggested by statement, work, design, device, sound, or any combination thereof, and also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
The representation of a drug, in its labeling or advertisement, as an antiseptic shallbe considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as being, an antiseptic for inhibitory use which involves prolonged contact with the body.
The provisions of this part 4 regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.
Source: L. 57: p. 424, § 2. CRS 53: § 66-22-2. C.R.S. 1963: § 66-20-2. L. 70: p. 197, § 1. L. 94: (7) amended, p. 2778, § 483, effective July 1. L. 2020: (4)(b) and (12)(d) amended, (HB 20-1402), ch. 216, p. 1054, § 53, effective June 30.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (7), see section 1 of chapter 345, Session Laws of Colorado 1994.