(1) Acceptance of commodities for storage by a warehouse operator constitutes a bailment and not a sale. Stored commodities are not subject to seizure upon process of a court in an action against the bailee, except upon action by owners of the stored commodities or the commissioner to enforce the terms of the bailment; but, in the event of the failure or insolvency of a bailee, commodities shall be first applied exclusively to the settlement on an equal basis of all outstanding negotiable warehouse receipts and other open storage obligations for commodities so stored with the bailee.(2) Forwarded commodities shall be used only to meet the storage obligation to the forwarding warehouse operator.(3) The purchase of a commodity does not constitute a bailment.Renumbered from C.R.S. § 35-36-108 and amended by 2020 Ch. 160, § 2, eff. 6/29/2020.Renumbered from C.R.S. § 12-16-207 and amended by 2017 Ch. 262, § 1, eff. 8/9/2017.L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 728, p. 728, § 2, effective June 29.This section is similar to former § 35-36-108 as it existed prior to 2020.
Colorado Legal Code