(1) Any person violating any of the provisions of this article or who impedes, hinders, or otherwise prevents, or attempts to prevent, the commissioner or duly authorized agent in the performance of his or her duty in connection with this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, or, upon a subsequent conviction, not less than two hundred dollars nor more than five hundred dollars.
(2) Nothing in this article shall be construed to require the commissioner or agent to:
Report for prosecution;
Institute seizure proceedings;
Issue a "stop distribution, manufacture, or use as feed" order as a result of minorviolations of this article or rules promulgated pursuant thereto.
It shall be the duty of each district attorney to whom any violation is reported tocause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for prosecution, the commissioner shall allow an opportunity for the alleged violator to present his or her view to the commissioner.
The commissioner may apply to the court for, and the court may issue, an order for atemporary restraining order or injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule promulgated pursuant thereto, notwithstanding the existence of other remedies at law. Such temporary restraining order or injunction shall be issued without the posting of a bond.
Any person who is adversely affected by acts of the commissioner or rules promulgated pursuant to this article may appeal pursuant to the procedures of article 4 of title 24, C.R.S.
Any person who uses to his or her own advantage, or reveals to state officials otherthan the commissioner, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this article, concerning any methods, records, formulations, or processes that are trade secrets and entitled to protection under the law, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars, or imprisoned in the county jail for not less than thirty days, or both; except that nothing in this subsection (6) shall be construed to prohibit the commissioner from exchanging information of a regulatory nature with duly appointed officials of the United States or other state governments who are similarly prohibited by law from revealing this information.
Source: L. 99: Entire article R&RE, p. 577, § 1, effective January 1, 2000. L. 2007:
(2)(c) and (3) amended, p. 998, § 13, effective May 22.
Editor's note: This section is similar to former § 35-60-112 as it existed prior to 1999.