Section 35-36-212 - Warehouse operator's liability for disposal of tainted commodities(1) A warehouse operator is liable for any loss or deterioration of commodities in a public warehouse caused by the warehouse operator's failure to exercise reasonable care of the commodities.(2) If a warehouse operator discovers that, as a result of a condition of a commodity placed in the warehouse operator's public warehouse of which the warehouse operator had no notice at the time of deposit, the commodity is a hazard to other commodities or to persons or to the public warehouse and if the commodity is not immediately removed by the owner upon the warehouse operator's request, the warehouse operator may sell the commodity after reasonable notice to all persons known to claim an interest in the commodity. If the warehouse operator is unable to sell the commodity after a reasonable effort, the warehouse operator may dispose of it in any other lawful manner, and shall incur no liability to the owner for the disposition.(3) At any time before the sale or disposition authorized in this section, the warehouse operator shall deliver the commodity to any person entitled to it upon proper demand and payment of all charges incurred for the specific lot of that commodity.(4) The commissioner may reject as unsuitable for storage any area of the warehouse operator's premises, unless that area is used for storing the warehouse operator's own commodities.Renumbered from C.R.S. § 35-36-115 and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.Renumbered from C.R.S. § 12-16-214 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 732, p. 732, § 2, effective June 29.This section is similar to former § 35-36-115 as it existed prior to 2020.