In addition to the declarations required by section 35-14-118, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.
Source: L. 83: Entire article R&RE, p. 1348, � 1, effective July 1.
Editor's note: This section is similar to former �� 35-14-119 and 35-14-120 as they existed prior to 1983.
35-14-121. Weigher - qualification - certification - revocation - rules. [See editor's note following this section]
(1) A person who has sufficiently good moral character to carry on the business stated in the application, subject to section 24-5-101, C.R.S., who has the ability to weigh accurately and make correct weight certificates, and who has received from the commissioner a certificate of certified weigher may use the title of and shall be authorized to act as a certified weigher.
(2) An application for a certificate of certified weigher shall be made upon a form provided by the commissioner. The application shall include evidence that the applicant has the qualifications required by subsection (1) of this section.
(3) The commissioner may adopt rules for determining the qualifications of an applicant for a license as a certified weigher. For the purpose of determining qualifications of the applicant, the commissioner may approve the qualifications of the applicant upon the basis of the information supplied in the application or the commissioner may examine the applicant orally or in writing or both. The commissioner shall grant certificates of certified weigher to such applicants as may be found to possess the qualifications required by subsection (1) of this section. The commissioner shall keep a record of all such applicants and of all certificates issued.
(4) The commissioner may, upon request and without charge, issue a limited certification as a certified weigher to any qualified officer or employee of a municipality or county of this state or of a state commission, board, institution, or agency authorizing such officer or employee to act as a certified weigher only within the scope of the officer's or employee's official employment.
(5) All certificates of certified weighers in existence as of June 30, 2009, shall expire five years after issuance. All certificates issued on or after July 1, 2009, shall expire on the date specified by the commissioner by rule. A certified weigher who fails to renew a certificate on or before the expiration date of the certificate shall pay a late fee, as established by the commission, in addition to the certificate fee. Renewal applications shall be in such form as the commissioner shall prescribe.
(6) The following persons may obtain certification as certified weigher:
(a) A weights and measures officer when acting within the scope of the officer's official duties;
(b) A person weighing property, produce, commodities, or articles that the person or the person's employer, if any, is buying or selling; and
(c) A person weighing property, produce, commodities, or articles in conformity with the requirements of federal law or the laws of this state relative to warehousemen or processors.
(7) The commissioner, in accordance with section 24-4-104, C.R.S., may suspend, deny, revoke, restrict, place on probation, or refuse to renew the certificate of any certified weigher or applicant for such certificate if such certified weigher or applicant has been convicted in any court of competent jurisdiction of violating any provision of this article or if the commissioner is satisfied that the person has violated any provision of this article.
Source: L. 83: Entire article R&RE, p. 1348, � 1, effective July 1. L. 95: (1) and (7) amended, p. 896, � 7, effective July 1. L. 2009: (5) amended, (SB 09-113), ch. 88, p. 330, � 17, effective April 2. L. 2025: (3), (4), IP(6), (6)(a), and (6)(b) amended, (HB 25-1084), ch. 24, p. 109, � 59, effective August 6.
Editor's note: This section is repealed, effective September 1, 2028, pursuant to � 35-14-134.
35-14-122. Public scales - requirements - weight certificates - procedures - records. [See editor's note following this section]
(1) (a) Provision shall be made for official certified scales throughout the state for the purpose of doing public weighing if the scale owners agree to meet the requirements of this article. Such scales shall be operated only by a certified weigher. All equipment used by certified weighers shall be approved by the commissioner.
(b) The commissioner shall require the owner or operator of all certified scales to post on the outside of the scale house, where it can be conveniently observed by all persons, a sign at least twelve inches high and thirty-six inches long, stating the maximum weighing capacity of the scale. No person shall weigh or attempt to weigh any article or load having a greater weight or suspected weight greater than the rated capacity of the scale.
(2) (a) (I) It is the duty of each certified weigher to weigh upon the certified scales any load delivered at the scales for weighing when engaged to do so by any person and to issue a certificate of correct weight.
(II) The certificate of correct weight must state the gross weight of the load, the tare weight, the net weight of the load, and the date of weighing. In addition, the weight certificate must indicate:
(A) The state license number of the vehicle or other positive identification;
(B) A serial number;
(C) The name of the shipper or the owner of the load;
(D) The nature of the load;
(E) The name of the receiver of the load;
(F) Whether the driver is off or on the scale;
(G) The name of the certified weigher;
(H) The location of the certified scale; and
(I) If the vehicle is being weighed in order to be registered in accordance with article 3 of title 42, the vehicle identification number, year of manufacture, and make.
(III) For issuing a certificate, the certified weigher may charge a reasonable fee; except that no charge may be made for weighing done or for certificates issued upon the demand of the commissioner or any employee acting in an official capacity under this article 14.
(b) All certified weighers shall keep a daily register in which they shall enter every transaction by them as certified weighers, including the gross weight of each load, the weight of the vehicle, the net weight of the load, the license number of the vehicle, if any, the name of the dealer or owner, the name of the weigher, the name of the person for whom the weighing was done, and the date of weighing. The daily register shall be kept by the certified weigher and shall be open at all times to inspection by the supervisor of measurements standards and all other inspectors of the department and by any other person interested therein. Such daily registers shall be kept for a period of two years.
(3) A weighing made of any vehicle or combination of vehicles to ascertain the gross, tare, or net weight for commercial purposes or certification by a certified weigher shall not be determined by any procedure denominated as a split-weighing or fore-and-aft draft. The gross, tare, or net weight of any vehicle or combination of vehicles as a single unit shall be determined upon scales with platforms of sufficient size to accommodate the vehicle or combination of vehicles as one entire unit; except that the gross, tare, or net weight of a combination of vehicles may be determined upon a scale which will not accommodate the combination of vehicles as one entire unit if the same are separated and the weight of each member thereof can and is determined separately as an independent unit. In such cases, weight certificates shall be issued for each such separate weighing.
(4) The certified scales shall be available for use by the public each day of the year during all reasonable business hours. Sundays and other legal holidays are excepted.
(5) All persons, firms, and corporations which do public weighing for a fee shall keep a complete record of each such weighing for a period of two years, and at least one copy of each weighing certificate shall be retained on record at the place of weighing.
(6) (a) All commodities bought, sold, delivered, or in the process of changing ownership that use the weight of the content for final determination and settlement shall be weighed on a scale licensed in accordance with this article 14 if neither the buyer nor the seller owns a scale. The weigher shall issue a weight certificate containing all the information required by subsection (2) of this section to both the buyer and the seller. If the buyer or seller owns a scale licensed by the department and uses the scale to determine the weight of the commodities, the party shall issue a ticket or invoice in duplicate to the other party. The ticket or invoice must contain all the information required by subsection (2) of this section.
(b) All commodities bought, sold, delivered, or in the process of changing ownership for which a weight certificate, ticket, or invoice has been issued pursuant to paragraph (a) of this subsection (6) and which are being hauled or transported on the streets, roads, or highways of this state shall be accompanied with a weight certificate or a ticket or invoice containing the information required by subsection (2) of this section.
Source: L. 83: Entire article R&RE, p. 1349, � 1, effective July 1. L. 2009: (6)(a) amended, (SB 09-113), ch. 88, p. 336, � 24, effective April 2. L. 2022: (2)(a) amended, (SB 22-108), ch. 63, p. 319, � 2, effective August 10. L. 2025: (6)(a) amended, (HB 25-1084), ch. 24, p. 110, � 60, effective August 6.
Editor's note: This section is repealed, effective September 1, 2028, pursuant to � 35-14-134.
35-14-123. Weighing and measuring device service providers - certification - fees - placing in service - rules. [See editor's note following this section]
(1) No person, other than the owner, may repair, service, or place in service any commercial weighing or measuring device for which the owner must obtain a license to operate unless the person is certified by the commissioner as a commercial weighing and measuring device service provider. The commissioner may specify the requirements for certification of service providers by rule. For the purposes of this section, only one certificate is required for each business employing service persons. The application for a commercial weighing and measuring device service provider certificate shall be submitted to the commissioner on forms furnished by the commissioner and shall be accompanied by a fee established by the commission. All certificates shall expire on the date specified by the commissioner by rule. A provider who fails to renew a certificate on or before the expiration date of the certificate shall pay a late fee, as established by the commission, in addition to the certificate fee.
(2) The commissioner shall adopt rules specifying:
(a) The categories and requirements for certification of commercial weighing and measuring device service providers; and
(b) The performance requirements for commercial weighing and measuring devices service providers.
(c) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 331, � 18, effective April 2, 2009.)
(3) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 331, � 18, effective April 2, 2009.)
(4) Each commercial weighing or measuring device not exempted pursuant to section 35-14-126 that is placed in service by a commercial weighing and measuring device service provider shall comply with section 35-14-105. When repairing, servicing, or placing in service any such device, a commercial weighing and measuring device service provider shall comply with the most current version of the national institute of standards and technology handbook 44, Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices.
(5) (a) No commercial weighing and measuring device service provider may use a standard when repairing, servicing, or placing in service a commercial weighing or measuring device that is not exempted pursuant to section 35-14-126 unless the commissioner has approved the standard.
(b) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 331, � 18, effective April 2, 2009.)
(6) Each commercial weighing and measuring device service provider shall at least annually submit all standards used to repair, service, or place in service any commercial weighing or measuring device not exempted pursuant to section 35-14-126 to the laboratory for approval pursuant to section 35-14-128; except that, if such standards are annually approved in another state by that state's national institute of standards and technology-recognized metrology laboratory and evidence is shown of current approval, traceable to standards of the national institute of standards and technology, which is less than a year after date of issuance, the commissioner may exempt the service provider from obtaining a Colorado approval for the current year.
(7) Upon placing in service any commercial weighing or measuring device not exempted pursuant to section 35-14-126, the service provider shall submit a placing-in-service report to the commissioner within ten days after the placing-in-service date. The commissioner shall promulgate rules to specify the information to be included in placing-in-service reports.
(8) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 331, � 18, effective April 2, 2009.)
(9) (Deleted by amendment, L. 95, p. 896, � 8, effective July 1, 1995.)
(10) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 331, � 18, effective April 2, 2009.)
(11) Nothing in this section shall be construed to prohibit a person from performing repairs or service on a weighing or measuring device that the commissioner has condemned or placed under work order, but such person may not remove any tag placed on any weighing or measuring device pursuant to this article.
Source: L. 83: Entire article R&RE, p. 1350, � 1, effective July 1. L. 87: (1) amended, p. 490, � 39, effective July 1. L. 95: (1), IP(2), (3), (5), (6), (7), (9), and (10) amended, p. 896, � 8, effective July 1. L. 2009: Entire section amended, (SB 09-113), ch. 88, p. 331, � 18, effective April 2.
Editor's note: This section is repealed, effective September 1, 2028, pursuant to � 35-14-134.
35-14-124. Inaccurate devices - stickers - tags - wire seals - rules. [See editor's note following this section]
(1) A blue tag indicating Work Order shall be placed on any commercial weighing or measuring device that in the judgment of the commissioner is out of tolerance or in need of minor repairs. Repairs shall be made within thirty days, and, if not so made, the device shall be removed from commercial use. If the repairs cannot be completed or the device cannot be placed into service due to delay in obtaining parts or other justified circumstances, the commissioner may extend the time limit for repair or placing in service for a reasonable time.
(2) A red tag indicating CONDEMNED shall be placed on any commercial weighing or measuring device that is to be removed from use. A wire seal may be so placed as to make the device unusable in any form. A device that has been condemned pursuant to this subsection (2) shall not be used for any commercial purpose.
(3) (a) A tag indicating no license fee paid shall be placed on any commercial weighing or measuring device that the owner is not licensed to operate. A wire seal may be so placed as to make the device unusable in any form. A device on which a no license fee paid tag has been placed shall not be used for any commercial purpose. A no license fee paid tag need not be placed on devices that are being held for resale and are not being used.
(b) When a weighing or measuring device is found in a commercial establishment, it shall be prima facie evidence that said device is being used or employed. If the owner of any such device does not have a license for its use, the device shall have a no license fee paid or not approved for commercial use tag attached.
(4) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 333, � 19, effective April 2, 2009.)
(5) The commissioner shall promulgate rules to clarify the circumstances under which a blue or red tag should be issued.
Source: L. 83: Entire article R&RE, p. 1352, � 1, effective July 1. L. 2009: Entire section amended and (5) added, (SB 09-113), ch. 88, pp. 333, 323, �� 19, 5, effective April 2.
Editor's note: (1) Amendments to this section by sections 5 and 19 of Senate Bill 09-113 were harmonized.
(2) This section is repealed, effective September 1, 2028, pursuant to � 35-14-134.