Destruction of Food Products

C.R.S. tit. 35, art. 31

in effect

C.R.S. § 35-31-101 Destruction of food prohibited

35-31-101. Destruction of food prohibited. It is unlawful for any person, firm, partnership, association, or corporation or any servant, agent, employee, or officer thereof to destroy or cause to be destroyed, or to permit to decay or to become unfit for use or consumption, or to take, send, or cause to be transported out of this state so to be destroyed or permitted to decay, or knowingly to make any materially false statement, for the purpose of maintaining prices or establishing higher prices for the same, or for the purpose of limiting or diminishing the quantity thereof available for market, or for the purpose of procuring, or aiding in procuring, or establishing, or maintaining a monopoly in such articles or products, or for the purpose of in any manner restraining trade, any fruits, vegetables, grain, meats, or other articles or products ordinarily grown, raised, produced, or used in any manner or to any extent as food for human beings or for domestic animals.

C.R.S. § 35-31-102 Applicable to unmatured foods

35-31-102. Applicable to unmatured foods. This part 1 shall apply to the destruction of unripe or unmatured food products or articles as well as to the destruction of the same when matured or ready for marketing.

C.R.S. § 35-31-103 Evidence

35-31-103. Evidence. Evidence of the voluntary destruction or of the destruction, if unexplained, of any of the food products or articles mentioned in section 35-31-101, or of the voluntary and willful permitting of the same to decay, or of the taking, sending, or causing of the same to be transported out of this state to be destroyed or permitted to decay shall be prima facie proof of the violation of this part 1.

C.R.S. § 35-31-104 Penalty

35-31-104. Penalty. (1) Any person, whether acting individually or otherwise, in such person's own behalf, or as the agent, employee, servant, director, or officer of any other person, partnership, firm, association, or corporation, or any corporation who violates any of the provisions of this part 1 commits a petty offense. (2) As a condition of any sentence imposed pursuant to subsection (1) of this section, the court shall order in addition to any other penalty that any person convicted of a violation of this part 1 shall make restitution to any victim of such a violation. The amount and any conditions of such a restitution order shall be determined in the same manner as a restitution order imposed pursuant to the provisions of section 18-1.3-205, C.R.S.

C.R.S. § 35-31-105 Enforcement

35-31-105. Enforcement. It is the duty of the district attorneys in their respective districts and of the attorney general to enforce the provisions of this part 1. It is the duty of all citizens of this state who have knowledge or information of a violation of this part 1 to at once inform against anyone who may have violated the same.

C.R.S. § 35-31-106 Liberal construction

35-31-106. Liberal construction. This part 1 shall be liberally construed to effectuate its purpose of preventing waste and of conserving and protecting the food supply available to the people of the state, to the end that the people may enjoy the benefit of any abundance or oversupply of any such food articles or products that may from time to time arise in any locality or in the state at large.

C.R.S. § 35-31-201 Protection of agricultural products - damages - definitions

35-31-201. Protection of agricultural products - damages - definitions. (1) (a) Any person who, without the consent of the owner of an agricultural product, exercises control over the agricultural product with the intent to deprive such owner of the agricultural product or who maliciously damages or destroys the agricultural product, or who encourages or conspires with another to do so, shall be liable for damages as described in subsection (2) of this section. (b) For purposes of this section: (I) "Agricultural product" means any product of agriculture as defined in section 35-1-102 (1). (II) "Experimental agricultural product" means any product of agriculture, as defined in section 35-1-102 (1) that is the subject of testing or a product development program being conducted by a private entity, a federal, state, or local government agency, or an educational institution, or that has been developed through such a program. (2) For a violation of subsection (1) of this section, a court shall award: (a) The market value of the experimental agricultural product itself and costs directly related to research, testing, production, replacement, and development of the experimental agricultural product. The court may award treble damages. (b) The market value of the agricultural product itself and costs directly related to production and replacement. The court may award treble damages. (c) Reasonable attorney fees; and (d) Litigation costs. (3) The rights and remedies available under this section are in addition to any other rights or remedies otherwise available.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-35.docxFetched: 10/6/2026