5292-000. Validity of act. [This act referred.] SEC. 67. If any section, subsection, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrases thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. [L. '13, p. 508, § 67.] 5292-PPP. Act not apply to interstate or foreign commerce. [This act referred.] SEC. 68. Neither this act nor any provision thereof, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of this Union, except in so far as the same may be permitted under the provisions of the constitution of the United States and the Acts of Congress. [L. '13, p. 508, § 68.] 5292-QQQ. Repealing clause. [This act referred.] SEC. 69. That sections 11, 16, 17, 18, 19 and 20 of Chapter 5, Laws of 1910, entitled "An act to amend and as amended to re-enact an act entitled 'An act to regulate common carriers in this State, to create a State railroad commission, to prescribe and define its duties, to fix the salaries of the commissioners and of the employees of the commission, to prevent the imposition of unreasonable rates and charges, to prevent unjust discriminations, to insure an adequate railway service, to prevent the giving or receiving of rebates, to prescribe the mode of procedure and the rules of evidence in relation thereto, to prescribe penalties for violations of this act, to exercise a general supervision over the conduct and operations of common carriers and to repeal all acts or parts of acts inconsistent herewith,'" be and the same are hereby repealed, and the remaining sections of said Chapter 5, Laws 1910, where not in conflict with this act, are hereby expressly declared to be and remain in full force and effect, as if this act had not been passed; except that the powers and duties therein conferred upon the State Railroad Commission of Colorado, are hereby transferred and conferred upon the commission created by this act. [L. '13, p. 508, § 69.] 5508-A. Headlights of locomotives. SEC. 99a. It shall be the duty of every railroad corporation, receiver or lessee thereof, operating any line of railroad in this State, within twelve months after the passage of this act, to equip all locomotive engines used in the transportation of trains over said railroad with headlights of not less than 1200 candle power, measured without the aid of a reflector. Provided, this act shall not apply to locomotive engines which are regularly employed in yard service, and known as switch engines. And provided further, that this act shall not apply to engines running for a distance of not more than sixteen miles within the limits of this State, to complete their runs, nor to those used exclusively between sun-up and sun-down, nor to engines going to or returning from repair shops when ordered to such shops for repair. [L. '13, p. 516, § 1.] 5508-B. Penalty for violation. SEC. 99b. Any railroad company or the receiver or lessee thereof, doing business in the State of Colorado, which shall violate the provisions of this act, shall be liable to the State of Colorado for a penalty of not less than One Hundred ($100.00) Dollars, nor more than One Thousand ($1,000.00) Dollars, for each and every locomotive not so equipped, counting each train hauled by such locomotive a separate and distinct offense, and such penalties shall be recovered and suit brought in the name of the State of Colorado in a court of proper jurisdiction, in any county in or through which such line of railroad may be operated. [L. '13, p. 516, § 2.] CHAPTER CXX-A. Section PURE FOOD. 5409-A. Food defined-Places where kept, in sanitary condition. 5409-B. Sanitary regulations. 5409-C. Buildings constructed so as to be kept clean. 5409-D. Buildings screened. Regulations as to toilets. 5409-E. 5409-I. Powers of food commissioner and inspectors-Notice to vio lators-Hearing-Order-Prosecution. 5409-J. District attorney prosecute-Disposition of fines. 5409-A. "Food" defined-Places where kept, in sanitary condition. SEC. 1. That every building, room, basement, inclosure or premises, occupied, used or maintained as a bakery, confectionery, cannery, packing house, slaughter house, creamery, cheese factory, restaurant, hotel, grocery, meat market, or as a factory, shop, warehouse, or any public place or manufacturing place used for the preparation, manufacture, packing, storage, sale or distribution of any food as defined by statute, which is intended for sale, shall be properly and adequately lighted, drained, plumbed and ventilated, and shall be conducted with strict regard to the influence of such conditions upon the health of operatives, employes, clerks or other persons therein employed, and the purity and wholesomeness of the food therein produced, prepared, manufactured, packed, stored, sold or distributed, and for the purposes of this act, the term "food" as used herein shall include all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof. [L. '13, p. 510, § 1.] 5409-B. Sanitary regulations. SEC. 2. The floors, sidewalks, ceilings, furniture, receptacles, implements and machinery of every such establishment or place where such food intended for sale is produced, prepared, manufactured, packed, stored, sold or distributed, and all cars, trucks and vehicles used in the transportation of such food products, shall at no time be kept or permitted to remain in an unclean, unhealthful or insanitary condition; and for the purpose of this Act, unclean, unhealthful and insanitary conditions shall be deemed to exist if food in the process of production, preparation, manufacture, packing, storage, sale, distribution or transportation is not securely protected from flies, dust, dirt, and, as far as may be necessary by all reasonable means, from all other foreign or injurious contamination; or if the refuse, dirt or waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling, distributing or transportation of such food are not removed daily, or if all trucks, trays, boxes, buckets or other receptacles, or the chutes, platforms, racks, tables, shelves, and knives, saws, cleavers or other utensils, or the machinery used in moving, handling, cutting, chopping, mixing, canning or other processes are not thoroughly cleaned daily; or if the clothing of operatives, employes, clerks or other persons therein employed, is unclean. [L. '13, p. 511, § 2.] 5409-C. Buildings constructed so as to be kept clean. SEC. 3. The sidewalks, floors and ceilings of every bakery, confectionery, creamery, cheese factory, and hotel or restaurant kitchen and every building, room, basement or inclosure occupied or used for the preparation, manufacture, packing, storage, sale or distribution of food shall be so constructed that they can easily be kept clean. [L. '13, p. 511, § 3.] 5409-D. Buildings screened. SEC. 4. All such factories, buildings, and other places containing food, shall be so provided with proper doors and screens adequate to prevent contamination of the product from flies. [L. '13, p. 511, § 4.] 5409-E. Regulations as to toilets. SEC. 5. Every such building, room, basement, inclosure, or premises occupied, used or maintained for the production, preparation, manufacture, canning, packing, storage, sale or distribution of such food, shall have adequate and convenient toilet rooms, lavatory or lavatories. The toilet rooms shall be separate and apart from the room or rooms where the process of production, preparation, manufacture, packing, storing, canning, selling and distributing is conducted. The floors of such toilet rooms shall be of cement, tile, wood, brick or other non-absorbent material, and shall be washed and scoured daily. Such toilet or toilets shall be furnished with separate ventilating flues and pipes discharging into soil pipes or shall be on the outside of and well removed from the building. Lavatories and wash rooms shall be maintained in a sanitary condition. [L. '13, p. 511, § 5.] 5409-F. Nuisances declared. SEC. 6. If any such building, room, basement, inclosure, o1 premises occupied, used or maintained for the purposes aforesaid, or if the floors, sidewalls, ceilings, furniture, receptacles, implements, appliances or machinery of any such establishment, shall be constructed, kept, maintained or permitted to remain in a condition contrary to any of the requirements or provisions of the preceding five (5) sections of this Act, the same is hereby declared a nuisance, and any toilet, toilet room, lavatory or wash room as aforesaid, which shall be constructed, kept, maintained or permitted to remain in a condition contrary to the requirements or provisions of section five (5) of this Act, is hereby declared a nuisance; and any car, truck or vehicle used in the moving or transportation of any food product as aforesaid, which shall be kept or permitted to remain in an unclean, unhealthful or insanitary condition is hereby declared a nuisance. Whoever unlawfully maintains, or allows or permits to exist a nuisance as herein defined shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as herein provided. [L. '13, p. 512, § 6.] 5409-G. Places not used for sleeping purposes. SEC. 7. It shall be unlawful for any person to sleep, or to allow or permit any person to sleep in any work room of a bake shop, kitchen, dining room, confectionery, creamery, cheese factory, or any place where food is prepared for sale, served or sold, unless all foods therein handled are at all times in hermetically sealed packages. [L. '13, p. 512, § 7.] 5409-H. Diseased persons not employed. SEC. 8. It shall be unlawful for any employer to require, suffer or permit any person who is affected with any contagious, infectious or venereal disease to work, or for any person so affected to work, in a building, room, basement inclosure, premises or vehicle occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food. [L. '13, p. 512, § 8.] 5409-I. Powers of food commissioner and inspectors-Notice to violators-Hearing order-Prosecution. SEC. 9. It shall be the duty, of the State Food Commissioner and Food and Drug Inspectors to enforce this Act, and for that purpose, the State Food Commissioner and Food and Drug Inspectors shall have full power at all times to enter every such building, room, basement, inclosure or premises occupied or used or suspected of being occupied or used for the production, preparation, or manufacture for sale, or the storage, sale, distribution or transportation of such food, to inspect the premises and all utensils, fixtures, furniture and machinery used as aforesaid; and if upon inspection any such food producing or distributing establishment, conveyance, or any employer, employe, clerk, driver or other person is found to be violating any of the provisions of this Act, or if the production, preparation, manufacture, packing, storage, sale, distribution or transportation of such food is being conducted in a manner detrimental to the health of the employes and operatives, |