C.R.S. § 35-60-106 — CO Code / Title 35 / Article 60 / Section 35-60-106
35-60-106. Labeling - general requirements - commercial and customer-formula feeds
Status: in_force

35-60-106. Labeling - general requirements - commercial and customer-formula feeds. (1) Commercial feed label contents. Except as otherwise specified in rule by the commissioner, a commercial feed must be labeled with the information required in this subsection (1). The information must appear on the label in the following order:

(a) The product name of the commercial feed and its brand name, if any;

(b) If the commercial feed contains any drug, the information required by the commissioner as established by rule;

(c) The statement of purpose as established by the commissioner by rule;

(d) The guaranteed analysis stated in terms established by the commissioner by rule. The guaranteed analysis shall advise the user of the composition of the feed and support claims made in the labeling. In all cases the substances or elements shall be determinable by laboratory methods as published by the international association of official analytical chemists or by other methods acceptable to the commissioner.

(e) The ingredient statement as established by the commissioner by rule. The common or usual name of each ingredient used in the manufacture of the commercial feed shall be listed; except that the commissioner, by rule, may permit the use of a collective term for a group of ingredients that perform a similar function. The commissioner may exempt such commercial feed or any group thereof from the requirement of including an ingredient statement on the label if the commissioner finds that such statement is not necessary to protect consumers.

(f) The use directions and precautionary statements determined by the commissioner by rule as are necessary for the safe and effective use of the commercial feed;

(g) The date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date;

(h) The name and address of the registered manufacturer or distributor of the commercial feed;

(i) A quantity statement; and

(j) Any other information required by the commissioner as established by rule.

(2) Customer-formula feed label contents. The manufacturer of a customer-formula feed shall provide the purchaser of that feed with all of the following information, in writing, when the manufacturer delivers the customer-formula feed to the purchaser:

(a) The name and address of the manufacturer;

(b) The name and address of the purchaser;

(c) The date on which the manufacturer sold or delivered the customer-formula feed to the purchaser;

(d) The name of the customer-formula feed;

(e) The name and net quantity of every commercial feed and every other ingredient used to manufacture the customer-formula feed;

(f) The use directions and precautionary statements determined by the commissioner by rule as are necessary for the safe and effective use of the customer-formula feed. If any commercial feed used in the manufacture of the customer-formula feed is labeled with use directions or precautionary statements, the manufacturer of the customer-formula feed shall provide those use directions and precautionary statements to the purchaser.

(g) If the commercial feed contains any drug, the information required by the commissioner as established by rule. The information shall include, but shall not be limited to, the following:

(I) The purpose of the medication; and

(II) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with established regulation;

(h) A quantity statement; and

(i) A statement on the label or labeling that states "This feed was manufactured according to specific instructions provided by (insert name of person who provided the instructions) and cannot be sold to any other person."
C.R.S. § 35-12-106 — CO Code / Title 35 / Article 12 / Section 35-12-106
35-12-106. Distribution fees
Status: repealed

35-12-106. Distribution fees. (1) All registrants, except those who package only in containers of ten pounds or less, shall pay the commissioner a distribution fee as established by the commission for all commercial fertilizers, soil conditioners, or plant amendments distributed in this state. For the purpose of funding the department's state waters protection efforts, an additional fee per ton of commercial fertilizer shall be paid to the commissioner as established by the commission. This increment per ton of commercial fertilizer shall be collected by the commissioner and transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(2) Registrants of specialty fertilizers, soil conditioners, or plant amendments packaged in containers of ten pounds or less shall pay the commissioner a distribution fee as established by the commission, for all specialty fertilizers, soil conditioners, or plant amendments distributed in this state.

(3) Each person registering any commercial fertilizer, soil conditioner, or plant amendment and each person producing custom mixes in this state shall keep adequate records showing the pounds or tonnage distributed in this state, and the commissioner has the authority to examine such records to verify the statement of pounds or tonnage.

(4) Each registrant shall file an affidavit with the commissioner within forty-five days after the date specified by rule of the commissioner that discloses the pounds or tonnage of commercial fertilizer, soil conditioner, or plant amendment distributed in the state during the preceding twelve-month period and any other information as required by rules adopted by the department. If the affidavit is not filed and the distribution fee is not paid within the forty-five-day period, or if the report of pounds or tonnage is false, the commissioner may revoke the registration and assess a penalty established by the commission. The distribution fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant.

(5) When more than one person is involved in the distribution of a commercial fertilizer, soil conditioner, or plant amendment, the last registrant to distribute the product is responsible for reporting the annual pounds or tonnage and paying the distribution fee, unless the annual report and payment has been made by a prior distributor.

(6) Distribution fees are not required for ingredients that have already been included in the tonnage or pounds for which a Colorado distribution fee has been paid.

(7) The distribution fees required to be paid by this section shall not apply to untreated manure or compost and treated manure distributed without commercial fertilizer, soil conditioner, or plant amendment labeling claims.

(8) (a) For each fiscal year, commencing July 1, fifty percent of the direct and indirect costs of administering and enforcing this article shall be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund. All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.

(b) Repealed.
C.R.S. § 35-57.8-108 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-108
35-57.8-108. Acceptance of grants and gifts - horse development fund
Status: in_force

35-57.8-108. Acceptance of grants and gifts - horse development fund. (1) The board may accept grants, donations, contributions, or gifts from any source for expenditures for any purpose consistent with the powers of the board.

(2) The horse development fund is abolished, and any moneys in the fund as of June 30, 1998, shall revert to the general fund.
C.R.S. § 35-61-112 — CO Code / Title 35 / Article 61 / Section 35-61-112
35-61-112. Civil penalties
Status: in_force

35-61-112. Civil penalties. (1) (a) Any person who violates any provision of this article 61 or any rule adopted pursuant to this article 61 is subject to a civil penalty, as determined by the commissioner.

(b) Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such a violation, the presence or absence of a pattern of similar violations by the registrant, the effect of the proposed penalty on the ability of the registrant to continue to conduct business, and any other factors deemed to be relevant.

(c) The maximum penalty imposed by the commissioner must not exceed two thousand dollars per violation per day.

(2) The commissioner shall not impose any penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24.

(3) The department shall transmit any civil penalties or fines collected pursuant to this article 61 to the state treasurer, who shall credit them to the industrial hemp registration program cash fund created pursuant to section 35-61-106.
C.R.S. § 35-65-401 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-401
35-65-401. Colorado state fair authority - creation - board - powers and duties - repeal
Status: repealed

35-65-401. Colorado state fair authority - creation - board - powers and duties - repeal. (1) (a) The Colorado state fair authority, as it existed prior to June 30, 1997, is abolished. There is created the Colorado state fair authority in the department of agriculture as a division thereof. The Colorado state fair authority is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of agriculture.

(b) The function of the Colorado state fair authority is to direct and supervise the Colorado state fair and industrial exposition created pursuant to section 35-65-105.

(2) (a) (Deleted by amendment, L. 2022.)

(b) There is created the board of commissioners of the Colorado state fair authority, which consists of thirteen members, twelve of whom are appointed by the governor with the consent of the senate and one who is the commissioner of agriculture or the commissioner's designee. Before October 31, 2022, no more than six members of the board may be affiliated with the same political party as the governor. The board of commissioners of the Colorado state fair authority is a type 1 entity, as defined in section 24-1-105.

(c) (I) On October 31, 2022, the governor shall appoint two board members from the state at large in accordance with subsection (3)(b) of this section. Members appointed before August 10, 2022, to represent the congressional districts and the state at large may hold office for the remainder of the term to which each member was appointed. When a member's term expires or a vacancy otherwise occurs, the governor shall appoint a new member in accordance with the requirements of subsection (3) of this section.

(II) This subsection (2)(c) is repealed, effective December 31, 2026.

(3) The governor shall appoint the following twelve members of the board:

(a) Two residents of the county in which the Colorado state fair and industrial exposition is held;

(b) Two members from the state at large; and

(c) Two residents from each of the four agricultural districts of the state, as defined in section 35-1-105 (3).

(4) Members of the board shall be appointed for terms of four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Appointments made to the board when the senate is not in session are temporary appointments, and the appointees shall serve on a temporary basis until the senate is in session and is able to confirm such appointments. If the senate does not confirm a temporary appointment during the next regular session, the temporary appointee's term ends and the person shall not be reappointed as a temporary appointee during the subsequent legislative interim. Each member shall hold office until the member's successor is appointed and qualified.

(5) (a) Of the twelve appointed members of the board:

(I) Four must be involved in the agricultural industry;

(II) At least three must be affiliated with each major political party for at least one year prior to appointment, as shown in the statewide voter registration system; and

(III) At least three must be unaffiliated for at least one year prior to appointment, as shown in the statewide voter registration system.

(b) In making appointments, the governor shall attempt to ensure that the board represents the geographic diversity of the state.

(6) Any appointed member may be removed for cause at any time during the member's term by the governor. Vacancies on the board shall be filled by appointment by the governor with the consent of the senate for the unexpired terms.

(7) Members of the board shall serve without pay but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.

(8) (Deleted by amendment, L. 97, p. 810, § 1, effective June 30, 1997.)

(8.5) All thirteen members of the board, including the commissioner of agriculture or his or her designee, shall be voting members of the board. The members of the board shall elect a chair, a vice-chair, and a secretary from among the membership of the board. Board action shall require the affirmative vote of a majority of a quorum of the board.

(9) The board shall:

(a) Provide for the Colorado state fair and industrial exposition, subject to available appropriations by the general assembly;

(b) Enter into any agreements with other agencies of the state government as may be necessary to provide for the Colorado state fair and industrial exposition;

(c) Repealed.

(d) Meet as often as necessary, but not less than once a month;

(e) Repealed.

(f) Accept contributions from nonstate sources for the purpose of financing and supporting the Colorado state fair and industrial exposition;

(f.5) and (g) Repealed.

(h) and (i) (Deleted by amendment, L. 97, p. 810, § 1, effective June 30, 1997.)

(j) Adopt rules in accordance with the provisions of article 4 of title 24, C.R.S.;

(k) Submit annual reports in accordance with section 35-65-406;

(l) Perform such other duties as may be required by law.

(9.5) and (10) Repealed.

(11) (Deleted by amendment, L. 97, p. 810, § 1, effective June 30, 1997.)
C.R.S. § 35-10-108 — CO Code / Title 35 / Article 10 / Section 35-10-108
35-10-108. Commercial applicators - invoice notice
Status: in_force

35-10-108. Commercial applicators - invoice notice. Commercial applicators shall include a statement in conspicuous type on each customer invoice that indicates that commercial applicators are licensed by the department. Said statement shall be exactly prescribed by rule adopted by the commissioner.
C.R.S. § 35-56-108 — CO Code / Title 35 / Article 56 / Section 35-56-108
35-56-108. Disposition of fines
Status: in_force

35-56-108. Disposition of fines. All fines recovered under the provisions of this article shall be paid into the county treasury of the proper county, and appeals shall be allowed to the district court as in civil cases.
C.R.S. § 35-57-103 — CO Code / Title 35 / Article 57 / Section 35-57-103
35-57-103. Definitions
Status: in_force

35-57-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Authority" means the Colorado beef council authority created by section 35-57-104 (1).

(2) "Board" or "beef board" or "beef council" means the board of the Colorado beef council authority created by section 35-57-104 (1).
C.R.S. § 35-10-104 — CO Code / Title 35 / Article 10 / Section 35-10-104
35-10-104. Scope of article
Status: in_force

35-10-104. Scope of article. (1) Any person who uses or supervises the use of any pesticide or device in the state of Colorado shall be subject to this article and to any rules adopted pursuant thereto.

(2) (Deleted by amendment, L. 2006, p. 1260, § 2, effective January 1, 2007.)
C.R.S. § 35-40-201 — CO Code / Title 35 / Article 40 / Part 2 / Section 35-40-201
35-40-201. Definitions
Status: in_force

35-40-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Cattle" includes cattle in the field or on the range, but not in feed lots.

(2) "Owners of sheep and cattle" means the owners of sheep and cattle in the field or on the range, but shall not include the owners of sheep and cattle maintained in feed lots.

(3) "Sheep" includes sheep in the field or on the range, but not in feed lots.
C.R.S. § 35-9-126 — CO Code / Title 35 / Article 9 / Section 35-9-126
35-9-126. Pesticide fund - transfer of moneys to plant health, pest control, and environme
Status: in_force

35-9-126. Pesticide fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the pesticide fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(2) (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 316, § 5, effective July 1, 2009.)
C.R.S. § 35-11.5-102 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-102
35-11.5-102. Legislative declaration
Status: in_force

35-11.5-102. Legislative declaration. The general assembly declares that the purpose of this article is to provide a means for the general public to recognize and purchase organically grown agricultural products and to assist Colorado producers in the marketing of such products. The general assembly further declares that uniformity in labeling will protect both consumers and producers by providing assurance of compliance with recognized production standards.
C.R.S. § 35-43-121 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-121
35-43-121. Herding sheep near towns
Status: repealed

35-43-121. Herding sheep near towns. (Repealed)
C.R.S. § 35-35-103 — CO Code / Title 35 / Article 35 / Section 35-35-103
35-35-103. Screenings delivered to seller
Status: in_force

35-35-103. Screenings delivered to seller. Every corporation, partnership, association, or individual who engages in the business of buying, selling, and milling wheat, oats, rye, barley, or other cereal products and who screens such products, unless otherwise agreed upon between the seller and purchaser, shall deliver all such screenings to the seller of such cereal products free of charge upon request being made therefor by such seller.
C.R.S. § 35-40-104 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-104
35-40-104. Predatory animal control license fee on sheep - predatory animal fund
Status: repealed

35-40-104. Predatory animal control license fee on sheep - predatory animal fund.

(1) and (2) (Deleted by amendment, L. 97, p. 180, § 7, effective March 31, 1997.)

(3) to (5) Repealed.
C.R.S. § 35-14-102 — CO Code / Title 35 / Article 14 / Section 35-14-102
35-14-102. Definitions
Status: in_force

35-14-102. Definitions. As used in this article, unless the context otherwise requires:

(1) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(1.7) "Certificate of conformance" means a document issued by the national type evaluation program constituting evidence of conformance of a weighing and measuring device with the requirements of national institute of standards and technology handbook 44.

(2) "Certified scales" means scales located throughout the state which are used for public weighing and which meet the requirements of certification.

(3) [See editor's note following this section] "Certified weighers" means a natural person who is certified under the provisions of this article.

(4) "Commercial weighing and measuring devices" means those devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption that are sold or offered or exposed for sale or hire or in computing any basic charge or payment for services rendered on the basis of weight, measure, or count.

(4.5) "Commission" means the state agricultural commission.

(5) "Commissioner" means the commissioner of agriculture.

(5.5) "Commodity" means any agricultural commodity, consumer commodity, or any other goods.

(6) "Commodity in package form" means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. An individual item or lot of any commodity not in package form but on which there is marked a selling price based on an established price per unit of weight or of measure shall be construed to be a commodity in package form. The term "package" shall be construed to mean "commodity in package form".

(7) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(8) "Correct" means conformance to all applicable requirements of this article.

(9) "Department" means the department of agriculture.

(9.5) "Grain protein analyzer" means the equipment and accessories used to determine the protein content of grain.

(10) "Grain sample" means that portion of a grain, seed, or other agricultural commodity taken from the bulk of grain, seed, or other agricultural commodity for the purpose of determining moisture content.

(11) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(12) "Inch pound system" means the United States customary system of weights and measures as approved by the United States department of commerce.

(13) "Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, molded into, formed upon, embossed upon, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package; except that an inspector's tag or other nonpromotional matter affixed to or appearing upon a consumer commodity shall not be deemed to be a label requiring the repetition of label information required by this article.

(14) "Laboratory" means the metrology laboratory of the division of inspection and consumer services in the department.

(15) "Metric system" means the "Systeme Internationale System of Weights and Measures", as adopted by the United States department of commerce.

(16) "Metrology services" means all testing and calibrating and, when necessary, the making of adjustments to weights and measures.

(17) "Moisture content" means the percentage content of moisture and other volatiles on a wet basis in a grain sample as determined in a manner recognized by the United States department of agriculture.

(18) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(19) "Moisture-testing device" means all equipment and accessories required for determining the moisture content in a grain sample.

(20) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(20.5) "National type evaluation program" means the evaluation program administered by the national conference on weights and measures.

(21) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(22) "Not susceptible of repair" means any weight or measure that is designed or constructed in such a fashion so as to fail to comply with the applicable design or construction standards for such weight or measure or that cannot be repaired to meet the tolerance standards for such weight or measure.

(23) and (23.5) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(24) "Placing in service" means placing in use any new, used, repaired, or reconditioned weighing and measuring device.

(25) and (26) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(27) "Random-weight package" means a package that is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights, as when packages of the same consumer commodity have no fixed pattern of weight.

(27.5) "Reference standards" means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived pursuant to section 35-14-104.

(28) and (29) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(30) "Secondary standards" means the physical standards that are traceable to the reference standards through comparisons, using acceptable procedures, and are used in the enforcement of weights and measures laws and rules.

(30.5) "Standard" means a weight or measure used as a reference to establish a measured quantity value.

(31) "Traceable" means the system of determining the value of a standard by comparison with approved standards of the national institute of standards and technology.

(31.5) and (31.6) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)

(32) "Vehicle" means any device by which any property, produce, commodity, or article is or may be transported.

(33) "Weight" means net weight as used in connection with any commodity or service; except that, where the label states that the product is sold by drained weight, the term "weight" means net drained weight.

(34) "Weights" or "measures" means all weights or measures of every kind, any instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all of such instruments and devices.
C.R.S. § 35-61-114 — CO Code / Title 35 / Article 61 / Section 35-61-114
35-61-114. Inspections - investigations - access - subpoenas
Status: in_force

35-61-114. Inspections - investigations - access - subpoenas. (1) The commissioner, upon his or her own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article 61.

(2) Complaints of record and the results of the investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4).

(3) At any reasonable time during regular business hours, the commissioner must be provided free and unimpeded access upon consent or upon obtaining an administrative search warrant to:

(a) Those portions of all buildings, fields, and other areas in which any industrial hemp lots are handled for the purpose of carrying out any provision of this article 61 or any rule promulgated pursuant to this article 61; and

(b) All records required to be kept, and the commissioner may make copies of such records for the purpose of carrying out any provision of this article 61 or any rule promulgated pursuant to this article 61.

(4) (a) Whenever the commissioner has reasonable cause to believe a violation of any provision of this article 61 or any rule made pursuant to this article 61 has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article 61 or any rule made pursuant to this article 61. The cease-and-desist order must set forth the provision alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that the actions be ceased forthwith.

(b) If any person fails to comply with a cease-and-desist order within twenty-four hours after receipt of the order, the commissioner may bring a suit for a temporary restraining order or injunctive relief to prevent any further or continued violation of such order.

(5) The commissioner has full authority to administer oaths and take statements; to issue administrative subpoenas requiring the attendance of witnesses before the commissioner and for the production of all books, memoranda, papers and other documents, articles, or instruments; and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey an administrative subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court is punishable as contempt of court.
C.R.S. § 35-72-101 — CO Code / Title 35 / Article 72 / Section 35-72-101
35-72-101. Legislative declaration
Status: in_force

35-72-101. Legislative declaration. (1) Soil erosion and damage caused by wind storms and blowing soil produced thereby are recognized and declared to be injurious or destructive to the property and natural resources of this state and a menace to the safety of the citizens of the state.

(2) To deter actions which are harmful to property and natural resources and to further the ability of persons injured by negligent conduct associated with blowing soil to have legal recourse, it is determined to be in the interest of the people of this state to allow recovery of damages for such negligent conduct.
C.R.S. § 35-36-104 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-104
35-36-104. Cease-and-desist order - restraining order
Status: in_force

35-36-104. Cease-and-desist order - restraining order. (1) If the commissioner determines that there exists a violation of this article 36 or of any rule promulgated under the authority of this article 36, the commissioner may issue a cease-and-desist order, which may require a person to cease functioning as a commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent except for those functions necessary to prevent spoilage of products stored in the person's public warehouse or a dealer's warehouse or for the continued commercial feeding of livestock. The order must set forth the provision alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all functions, except those necessary to prevent spoilage or for the continued commercial feeding of livestock, cease immediately. At any time after the date of the service of the order to cease and desist, the person may request a hearing on the question of whether the violation has occurred. The hearing shall be concluded in not more than ten days after the request and shall be conducted pursuant to article 4 of title 24.

(2) If a person fails to comply with a cease-and-desist order within twenty-four hours after service, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article 36 or any rule or order pursuant to this article 36. In the action, the commissioner is not required to plead or prove irreparable injury or the inadequacy of a remedy at law. The court shall not require the commissioner to post a bond.

(3) A stay of a cease-and-desist order shall not be issued before a hearing on the order involving both parties.

(4) Matters brought before a court pursuant to this section have preference over other matters on the court's calendar.
C.R.S. § 35-33-107 — CO Code / Title 35 / Article 33 / Part 1 / Section 35-33-107
35-33-107. Exemptions
Status: repealed

35-33-107. Exemptions.

(1) Repealed.

(2) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 513, § 8, effective April 16, 2009.)

(3) Any person who holds an establishment number issued by the United States department of agriculture for purposes of inspection and does not engage in the custom processing of meat animals shall be exempt from the requirements of this article.

(4) Any religious practice involving the ritual slaughter, handling, or preparation of meat animals is exempt from the provisions of this article except section 35-33-203 governing methods of slaughter.

(5) (Deleted by amendment, L. 95, p. 31, § 3, effective July 1, 1995.)

(6) A producer who raises and slaughters no more than one thousand poultry during each calendar year is exempt from the provisions of this article other than the record-keeping requirement in section 35-33-202 and the labeling requirements in section 35-33-301 if:

(a) The producer does not buy or sell poultry products other than those produced from poultry raised on the producer's own farm;

(b) The poultry do not move in interstate commerce;

(c) The poultry are properly labeled; and

(d) The poultry are healthy when slaughtered and the slaughter and processing are conducted under sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for use as human food when distributed by the producer.
C.R.S. § 35-5.5-114.1 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-114.1
35-5.5-114.1. Survey of compliance on federal land
Status: in_force

35-5.5-114.1. Survey of compliance on federal land. On or before January 1, 1998, the state weed coordinator shall survey those counties that include significant amounts of federal land to determine the level of cooperation and compliance by the federal government with this article.
C.R.S. § 35-41-102 — CO Code / Title 35 / Article 41 / Section 35-41-102
35-41-102. Brand inspection fund - estray fund
Status: repealed

35-41-102. Brand inspection fund - estray fund. (1) All moneys coming into the hands of the board from the sale of estray animals shall constitute and be known as the estray fund, which fund is hereby created and continuously appropriated to the board, and shall be kept in an account separate and distinct from other accounts, in conformity with rules to be prescribed by said board. The estray fund is an escrow fund that the board shall keep in trust for the owner of the estray animal for six years after the date the proceeds from the sale of the animal were deposited in the fund. If the owner submits suitable proof of ownership to the board within the six-year period, the board shall pay to the owner the proceeds from the sale. If no such proof has been submitted within the six-year period, the board may expend the proceeds pursuant to this section. All other revenues coming into the hands of the board, including fees collected for the inspection of cattle, shall constitute and be known as the brand inspection fund, which shall be kept in conformity with the rules to be prescribed by the board. The board is authorized, in the administration of the brand inspection fund, to maintain an accounts receivable system for the collection of all moneys to be credited to the fund. The board is authorized to expend, of the revenues in the estray fund and the brand inspection fund:

(a) Repealed.

(b) Effective July 1, 2006, a maximum of three and six-tenths percent, or actual costs, whichever is less.
C.R.S. § 35-21-208 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-208
35-21-208. Certification - repeal
Status: repealed

35-21-208. Certification - repeal. (1) (a) To sell shell eggs and egg products, to offer to sell shell eggs or egg products, or to transport shell eggs or egg products for sale within the state:

(I) A farm owner or operator must obtain a certificate that the shell eggs or egg products are produced in compliance with this part 2 from the commissioner;

(II) A business owner or operator must obtain a copy of the certificate issued under subsection (1)(a)(I) of this section from a farm owner or operator that the shell eggs or egg products comply with this part 2. The business owner or operator shall retain the copy and provide the copy to the commissioner upon request.

(b) The commissioner shall certify shell eggs and egg products as compliant with this part 2 if:

(I) The enclosures for the egg-laying hens are inspected in accordance with the rules promulgated under section 35-21-207 (2); or

(II) The commissioner determines the shell eggs and egg products are accompanied with documentation proving the enclosures for the egg-laying hens have undergone government or private inspection and process verification services described in section 35-21-207 (3).

(2) The certification issued under this section expires at the end of the calendar year.

(3) (a) This section applies to the sale of, an offer to sell, or the transportation of shell eggs and egg products for sale within the state occurring on or after January 1, 2023.

(b) This subsection (3) is repealed, effective January 1, 2025.
C.R.S. § 35-43-203 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-203
35-43-203. Requirements for slaughterer business
Status: in_force

35-43-203. Requirements for slaughterer business. (1) Every person carrying on the trade or business of a slaughterer of livestock in this state:

(a) Shall maintain an established place of business;

(b) Shall not slaughter livestock on the open range;

(c) Shall require from all sellers of livestock a bill of sale that gives a complete description of each animal so sold and purchased including marks, brands, age, weight, name of person from whom it was purchased or otherwise acquired, date, and place of purchase or acquisition;

(d) Shall keep a true record of all livestock purchased or slaughtered, and of any carcass or part of a carcass purchased, in one or more special books kept for such purposes. Such records shall include a complete description of each such animal or carcass, including the approximate age and weight, breed and color, fire brands, earmarks, and any other identifying characteristics and the date of purchase and from whom such animal, carcass, or part of carcass was purchased.

(e) Shall keep the hide and horns of each animal slaughtered for inspection for a period of thirty days after it is slaughtered except when written permission for sale or destruction of the same is given by a regular or special brand inspector prior to expiration of said period. A certified copy of the bill of sale shall accompany the hide when it is offered for sale.

(f) Shall require any person from whom he or she purchases the carcass or any part thereof, not inspected by a state brand inspector immediately prior to slaughter, to exhibit the hide as provided in section 35-43-207;

(g) Shall not receive any carcass or part of a carcass for storage unless each hide has been inspected and all meat stamped, if required, by the brand commissioner. This paragraph (g) shall not apply to any person who slaughters livestock that are officially inspected by the state brand inspector immediately prior to slaughter.

(h) Shall not mix any cattle that are uninspected for brands by an authorized Colorado brand inspector with any livestock that have been inspected by a Colorado brand inspector just prior to slaughter.
C.R.S. § 35-1-112 — CO Code / Title 35 / Article 1 / Section 35-1-112
35-1-112. Licensing functions subject to periodic review
Status: repealed

35-1-112. Licensing functions subject to periodic review. (Repealed)
C.R.S. § 35-65-100.3 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-100.3
35-65-100.3. Definitions
Status: in_force

35-65-100.3. Definitions. As used in this article, unless the context otherwise requires:

(1) "Authority" means the Colorado state fair authority created by part 4 of this article.

(2) "Board" means the board of commissioners of the authority.
C.R.S. § 35-1.2-103 — CO Code / Title 35 / Article 1.2 / Section 35-1.2-103
35-1.2-103. Colorado agricultural future loan program - created - application - criteria - a
Status: repealed

35-1.2-103. Colorado agricultural future loan program - created - application - criteria - awards - rules. (1) There is hereby created in the department the Colorado agricultural future loan program to provide loans as described in this section. The department shall administer the loan program. Nothing in this article 1.2 may be construed as permitting the department to engage in any direct lending activities.

(2) (a) (I) Beginning on or before January 1, 2022, the department may distribute money from the fund to financial entities to make farm-to-market infrastructure loans from the loan program to applicants who satisfy the requirements established by rules promulgated by the commissioner pursuant to subsection (7) of this section.

(II) (Deleted by amendment, L. 2023.)

(b) Beginning on or before January 1, 2022, the department may award farm-to-market infrastructure grants directly to eligible farmers or ranchers and eligible businesses that satisfy the requirements established by rules promulgated by the commissioner pursuant to subsection (7) of this section.

(3) In administering the loan program, the department, to the extent practicable, shall attempt to award or distribute:

(a) and (b) Repealed.

(4) When the department contracts with one or more financial entities pursuant to this section, the department shall promptly notify the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees, of such contract.

(5) To receive a loan or grant, an applicant must submit an application to the department in the form established by the commissioner pursuant to subsection (7)(c)(I) of this section.

(6) The department shall review applications received pursuant to this section. In awarding grants and distributing money to financial entities for awarding loans, the department shall:

(a) Ensure applicants approved for loans or grants meet the requirements for eligible businesses and eligible farmers or ranchers pursuant to section 35-1.2-102 (5) and (6); and

(b) Consider any criteria established pursuant to rules promulgated by the commissioner pursuant to subsection (7) of this section.

(7) Pursuant to article 4 of title 24, the commissioner shall promulgate such rules as are required in this article 1.2 and such additional rules as may be necessary to implement the loan program. At a minimum, the rules must:

(a) Require the department to accept applications from applicants at all times during the year; except that the department may be required to accept written applications only during regular office hours;

(b) On and after January 1, 2023, to the extent practicable, prioritize the provision of loans to eligible farmers or ranchers who apply for loans or grants from the loan program and who:

(I) Have owned or operated a farm or ranch for less than ten years; or

(II) Represent a population that is underserved or underrepresented in Colorado agriculture; and

(c) Specify:

(I) The form of the loan program application;

(II) The time frames for distributing loan money;

(III) Criteria for the department to use in considering applications and awarding loans;

(IV) The maximum amount of a loan from the loan program;

(V) Interest rates on loans;

(VI) Repayment terms of loans; and

(VII) Permissible uses of money awarded as low-interest loans to eligible farmers or ranchers and eligible businesses, which uses may include:

(A) The acquisition of property and equipment;

(B) Paying costs associated with purchasing breeding livestock;

(C) Value-added improvements to real or personal property on a farm or ranch;

(D) Operating expenses;

(E) Conservation projects; and

(F) Such other uses as the commissioner may identify.
C.R.S. § 35-45-102 — CO Code / Title 35 / Article 45 / Section 35-45-102
35-45-102. Mixed range apportioned
Status: in_force

35-45-102. Mixed range apportioned. Any range being used as a mixed cattle and sheep range may be apportioned and divided between the different classes of livestock, that is cattle or sheep, grazed thereon by the district court having jurisdiction whenever a controversy or dispute arises upon complaint of any interested party using said range. Upon final hearing, any such range shall be apportioned according to the requirements of the different kinds of livestock grazed or herded thereon and the nature of the different parts of the range to be apportioned and in accordance with the equities and rights of the owners of the different kinds of livestock using such range as a class, regard being paid to the extent of the user theretofore made by each class of livestock growers.
C.R.S. § 35-75-116 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-116
35-75-116. Payment of bonds - nonliability of state
Status: in_force

35-75-116. Payment of bonds - nonliability of state. (1) Bonds and notes issued by the authority shall not constitute or become an indebtedness, a debt, or a liability of the state, nor shall the state be liable on such bonds and notes, nor shall such bonds or notes constitute the giving, pledging, or loaning of the full faith and credit of the state, but such bonds and notes shall be payable solely from the funds provided for in this article. The issuance of bonds or notes under the provisions of this article shall not obligate the state or empower the authority, directly, indirectly, or contingently, to levy or collect any form of taxes or assessments, to create any indebtedness payable out of taxes or assessments, or to make any appropriation for their payment, and such appropriation, levy, or collection is prohibited.

(2) Nothing in this section shall prevent or be construed to prevent the authority from pledging its full faith and credit to the payment of bonds or notes authorized pursuant to this article, but nothing in this article shall be construed to authorize the authority to create a debt of the state within the meaning of the constitution or statutes of Colorado; and all bonds issued by the authority pursuant to the provisions of this article are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or with any trust indenture executed as security for such bonds and are not a debt or liability of the state of Colorado.

(3) The state shall not be liable in any event for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, obligation, or agreement shall impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.
C.R.S. § 35-14-104 — CO Code / Title 35 / Article 14 / Section 35-14-104
35-14-104. Physical standards
Status: in_force

35-14-104. Physical standards. Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state's reference standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards and technology. All secondary standards may be prescribed by the commissioner and shall be verified upon their initial receipt and as often thereafter as deemed necessary by the commissioner. The commissioner shall have the custody and keep accurate records of the state standards of weights and measures and of the other standards and equipment provided for by this article.
C.R.S. § 35-14-117 — CO Code / Title 35 / Article 14 / Section 35-14-117
35-14-117. Unit pricing - application - inch pound or metric
Status: in_force

35-14-117. Unit pricing - application - inch pound or metric. (1) Except for random-weight packages unit priced in accordance with rules promulgated pursuant to this article, any retail establishment providing unit price information in addition to the total price for any commodity shall also provide the unit price information for all such commodities as required by rules promulgated pursuant to this article.

(2) Either metric or inch pound unit prices may be used for commodities marked in either system; except that, when unit price is changed to metric for any given type of commodity, unit pricing for all sources or suppliers of that commodity should change to metric.
C.R.S. § 35-23-105 — CO Code / Title 35 / Article 23 / Section 35-23-105
35-23-105. Authority to enter business places
Status: in_force

35-23-105. Authority to enter business places. In carrying out the provisions of this article, the commissioner and his deputies, inspectors, and employees are authorized to enter on any business day, during the usual hours of business, any storehouse, warehouse, cold storage plant, packing house, or other building or place where fruits, vegetables, or other agricultural products are kept or stored by any person engaged in the shipping of fruits, vegetables, or other agricultural products, or to stop or inspect at any time any automobile, truck, trailer, or other vehicle transporting or containing any such fruits, vegetables, or other agricultural products.
C.R.S. § 35-2-106 — CO Code / Title 35 / Article 2 / Section 35-2-106
35-2-106. Reports confidential
Status: in_force

35-2-106. Reports confidential. The reports made to the commissioner of agriculture by individuals, firms, or corporations, or to any of the several state, county, city, town, school district, or institutional officers specified in section 35-2-101, shall be regarded as confidential and not for the purpose of disclosing personal or corporate affairs. In the reports of the commissioner, no use shall be made of the names of individuals, firms, or corporations supplying the information called for in this article 2. Any officer or employee of the state agricultural commission disclosing such information commits a petty offense.
C.R.S. § 35-75-104 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-104
35-75-104. Colorado agricultural development authority - creation - membership
Status: in_force

35-75-104. Colorado agricultural development authority - creation - membership. (1) There is hereby created an independent public body politic and corporate to be known as the Colorado agricultural development authority. Said authority is constituted a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function. The authority shall be a body corporate and a political subdivision of the state and shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, or agency of the state.

(2) (a) The governing body of the authority is a board of directors, which consists of seven members, who are appointed as follows:

(I) One shall be appointed by the governor, with the consent of the senate;

(II) Three shall be appointed by the president of the senate; and

(III) Three shall be appointed by the speaker of the house of representatives.

(b) Such members must be residents of the state, must have a knowledge of agricultural activity in the state, and must represent the various agriculture operations and geographical regions of the state. No more than four of the appointed members may be affiliated with the same political party.

(c) Members shall be appointed for a term of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. Each member shall serve until the member's successor has been appointed. Any member shall be eligible for reappointment. The person making the original appointment shall fill any vacancy by appointment for the remainder of an unexpired term.

(d) The commissioner of agriculture shall be an ex officio, nonvoting member of the board.

(e) Any appointed member of the board may be removed by the person making the appointment for misfeasance, malfeasance, willful neglect of duty, or other cause.
C.R.S. § 35-36-212 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-212
35-36-212. Warehouse operator's liability for disposal of tainted commodities
Status: in_force

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.
C.R.S. § 35-12-112 — CO Code / Title 35 / Article 12 / Section 35-12-112
35-12-112. Adulteration
Status: in_force

35-12-112. Adulteration. (1) No person shall distribute an adulterated product. A commercial fertilizer, soil conditioner, plant amendment, or compost is deemed adulterated:

(a) If it contains any deleterious or harmful substance in sufficient amount to render it injurious to human health or beneficial plant, animal, or aquatic life, when applied in accordance with directions for use on the label or normal application practices, or if adequate warning statements or directions for use, which may be necessary to protect human health or beneficial plant, animal, or aquatic life, are not shown on the label;

(b) If its composition falls below or differs from that which it is purported to possess by its labeling;

(c) If it contains unwanted crop seed or weed seed;

(d) If the concentration of any metal in the product exceeds the level established for that constituent by rule of the commissioner; or

(e) If it contains an infectious agent in sufficient amount to render it injurious to human health or beneficial plant, animal, or aquatic life.
C.R.S. § 35-53-124 — CO Code / Title 35 / Article 53 / Section 35-53-124
35-53-124. Penalty
Status: in_force

35-53-124. Penalty. Any person who makes a false or forged permit as specified in section 35-53-121 or a false or forged statement as specified in section 35-53-122, or who knowingly exhibits or causes to be exhibited to any peace officer any such false or forged permit or statement, or who, upon request of any peace officer of the state of Colorado, refuses or neglects to exhibit a permit or make a statement as provided in section 35-53-122 commits a class 2 misdemeanor.
C.R.S. § 35-43-116 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-116
35-43-116. Wrongful branding - penalty
Status: in_force

35-43-116. Wrongful branding - penalty. If any person, association, or corporation willfully and knowingly brands, or causes to be branded, an animal which is the property of another with his or her brand or any brand which is not the recorded brand of the owner or willfully and knowingly effaces, defaces, or obliterates any brand or mark upon such an animal, such person or any officer or director of any such association or corporation commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 35-75-107 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-107
35-75-107. General powers and duties of authority
Status: in_force

35-75-107. General powers and duties of authority. (1) In addition to any other powers specifically granted to the authority in this article, the authority has the following powers:

(a) To have perpetual existence and succession as a body politic and corporate;

(b) To adopt and from time to time amend or repeal bylaws for the regulation of its affairs and the conduct of its business, consistent with the provisions of this article;

(c) To sue and be sued;

(d) To have and to use a seal and to alter the same at pleasure;

(e) To maintain an office at such place as it may designate;

(f) To borrow money and issue bonds, notes, bond anticipation notes, or other obligations for any of its corporate purposes and to fund or refund such obligations as provided in this article;

(g) To engage the services of private consultants and legal counsel to render professional and technical assistance and advice in carrying out the purposes of this article;

(h) To procure insurance against any loss in connection with its property and other assets, including loans and loan notes, in such amounts and from such insurers as it may deem advisable;

(i) To procure insurance or guarantees from any public or private entity, including any department, agency, or instrumentality of the United States, for payment of any bonds issued by the authority, including the power to pay premiums on any such insurance;

(j) To receive and accept from any source aid or contributions of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this article subject to the conditions upon which the grants or contributions are made, including, but not limited to, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this article;

(k) To enter into agreements with any department, agency, or instrumentality of the United States or this state and with lenders;

(l) To enter into loan agreements, sales contracts, and leases with contracting parties for the purpose of planning, regulating, and providing for the financing and refinancing of any agricultural enterprise;

(m) To enter into contracts or agreements with lenders for the servicing and processing of loans;

(n) To provide technical assistance to local public bodies and to profit and nonprofit entities in the development or operation of agricultural enterprises and to distribute data and information concerning the encouragement and improvement of agricultural enterprises and agricultural employment in the state;

(o) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency;

(p) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority;

(q) To the extent permitted under its contract with the holders of bonds of the authority, to consent to any modification with respect to the rate of interest, time and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

(r) To the extent permitted under its contract with the holders of bonds of the authority, to enter into contracts with any lender containing provisions enabling it to reduce the rental or carrying charges to persons unable to pay the regular schedule of charges where, by reason of other income or payment by any department, agency, or instrumentality of the United States or of this state, such reduction can be made without jeopardizing the economic stability of the agricultural enterprise being financed;

(s) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this article;

(t) To do all things necessary and convenient to carry out the purposes of this article;

(u) To receive applications and issue deduction certificates for the income tax deduction for a portion of lease payments received by a qualified taxpayer for leasing the taxpayer's agricultural asset to an eligible beginning farmer or rancher as allowed in sections 39-22-104 and 39-22-304, C.R.S.; except that the authority shall not issue more than one hundred deduction certificates per income tax year. The authority shall require that a copy of the schedule F that the eligible beginning farmer or rancher filed with the eligible beginning farmer's or rancher's federal income tax return be included as a part of the application for a deduction certificate.
C.R.S. § 35-57.5-117 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-117
35-57.5-117. Acts constituting violation
Status: in_force

35-57.5-117. Acts constituting violation. It is a violation of this article for any person to fail to pay or remit to the authority an assessment pursuant to section 35-57.5-116 or to knowingly falsify any document furnished in connection with such a payment or remission.
C.R.S. § 35-25-108 — CO Code / Title 35 / Article 25 / Section 35-25-108
35-25-108. Beehives equipped with movable combs - certificate - permit
Status: in_force

35-25-108. Beehives equipped with movable combs - certificate - permit. (1) Beehives shall be equipped with movable combs.

(2) Bees on combs and used beekeeping appliances or equipment entering Colorado must be accompanied by a certificate declaring the apiaries from which the bees, appliances, or equipment originated to be free from contagious diseases. This certificate shall be from a duly authorized inspector of the state of origin.

(3) Anyone desiring to move bees on combs or used bee equipment into the state of Colorado shall be required to secure an entry permit from the commissioner. Application for this permit shall be accompanied by a timely certificate of inspection, as defined by the commissioner, issued from the state apiary inspection agency of the state of origin, showing freedom from contagious disease, the number of colonies to be moved, and the county to which the owner or operator desires to move. The owner or operator of the bees or equipment shall notify the commissioner upon arrival in the state.
C.R.S. § 35-21-205 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-205
35-21-205. Defense
Status: in_force

35-21-205. Defense. It is a defense in a proceeding to enforce this part 2 that a business owner or operator relied in good faith upon a written certification by the supplier that the shell egg or egg product was not derived from an egg-laying hen that was confined in a manner that conflicts with the standards in section 35-21-203 (1).
C.R.S. § 35-27-102 — CO Code / Title 35 / Article 27 / Section 35-27-102
35-27-102. Legislative declaration
Status: in_force

35-27-102. Legislative declaration. The general assembly hereby finds and declares that truth in the labeling of seed is of paramount importance to the citizens of Colorado because the distribution and subsequent use of poor quality seed caused by inaccurate or misleading labeling of such seed can result in severe economic hardship due to low crop yields, poor crop quality, and the spread of noxious weed seed. It is the intent of the general assembly in enacting this article to prevent the distribution and use of poor quality seed through the regulation of the labeling, the labelers, and the sellers of seed for propagation in Colorado.
C.R.S. § 35-77-110 — CO Code / Title 35 / Article 77 / Section 35-77-110
35-77-110. Administrative penalties
Status: in_force

35-77-110. Administrative penalties. (1) (a) A farm that violates this article 77 or a rule adopted under this article 77 is subject to an administrative penalty, as determined by the commissioner.

(b) To impose an administrative penalty, the commissioner must consider the severity of the violation, the amount of harm caused by the violation, the presence or absence of a pattern of similar violations by the farm, and the effect of the proposed penalty on the ability of the farm to continue to conduct business.

(c) The commissioner shall not impose an administrative penalty that exceeds two thousand five hundred dollars per violation.

(2) To impose an administrative penalty, the commissioner must give the alleged violator notice and an opportunity for a hearing in accordance with article 4 of title 24.

(3) If a farm fails to pay any portion of an administrative penalty imposed in accordance with this section, the commissioner may bring suit to recover the penalty. In any action brought under this section, the commissioner may, if successful, recover costs and reasonable attorney fees.
C.R.S. § 35-14-111 — CO Code / Title 35 / Article 14 / Section 35-14-111
35-14-111. Misrepresentation of price
Status: in_force

35-14-111. Misrepresentation of price. No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
C.R.S. § 35-36-208 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-208
35-36-208. Commodity grades established - rules
Status: in_force

35-36-208. Commodity grades established - rules. The department may promulgate rules concerning commodity grades in accordance with the standards established by the United States department of agriculture as the official grain standards of the United States government.
C.R.S. § 35-23-113 — CO Code / Title 35 / Article 23 / Section 35-23-113
35-23-113. Issuance of certificate of inspection
Status: in_force

35-23-113. Issuance of certificate of inspection. A certificate evidencing that official inspection has been made and designating the classification of the grades of fruits, vegetables, or other agricultural products so inspected shall be issued by the inspector and delivered to the applicant. A certificate so issued shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of such fruit, vegetable, or other agricultural product at the time of inspection.
C.R.S. § 35-5-124 — CO Code / Title 35 / Article 5 / Section 35-5-124
35-5-124. No weed districts
Status: repealed

35-5-124. No weed districts. (Repealed)
C.R.S. § 35-43-125 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-125
35-43-125. No hogs to run at large
Status: in_force

35-43-125. No hogs to run at large. No hog or swine shall be permitted to run at large, and the owner of any hog or swine trespassing on the property of any person is liable in treble the damages occasioned by such trespass and a fine of not less than five dollars nor more than ten dollars for each offense.
C.R.S. § 35-33-104 — CO Code / Title 35 / Article 33 / Part 1 / Section 35-33-104
35-33-104. Commissioner of agriculture - powers and duties
Status: in_force

35-33-104. Commissioner of agriculture - powers and duties. (1) The commissioner is hereby authorized to formulate reasonable rules and standards of construction, labeling, operation, record keeping, and sanitation for all processing facilities and shall establish rules and standards pertaining to containers, packaging materials, mobile slaughter units, slaughter rooms, processing rooms, chill rooms, storage and locker rooms, sharp freezing facilities, and premises of processing facilities, with respect to the service of slaughtering, cutting, preparing, wrapping, and packaging meat and meat products necessary for the proper preservation of food.

(2) It is the duty of the department to enforce the provisions of this article and rules, regulations, and standards established in accordance therewith.

(3) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 511, § 6, effective April 16, 2009.)

(4) (a) The commissioner, upon consent or upon obtaining an administrative search warrant, shall have the right of access to any premises for the purpose of any examination or inspection necessary to enforce this article or the rules promulgated thereunder, including inspection and copying of any relevant records.

(b) The commissioner may administer oaths and take statements, issue subpoenas requiring the attendance of witnesses and the production of books, memoranda, papers, and other documents, articles, or instruments, and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.

(5) The commissioner may, whenever immediate enforcement of any of the provisions of this article is deemed necessary for the protection of the public health or welfare, issue and enforce a written cease-and-desist order to any person found in violation of any of the provisions of this article or the rules promulgated thereunder.

(6) When the commissioner has reasonable cause to believe that any meat or meat product is being held, slaughtered, or processed in violation of this article or the rules promulgated under this article, and when such product endangers the public health, safety, or welfare, he or she may issue and enforce a written retention order, prohibiting any person from moving or otherwise disposing of the retained product in any manner without written permission of the commissioner. Within five days after the issuance of any retention order, the commissioner shall hold a hearing to determine whether the retained product should be condemned or released to the owner. If the product is found to be adulterated, and the product cannot be brought into compliance with this article, the commissioner shall order that the retained product is inedible meat and shall be disposed of.

(7) (Deleted by amendment, L. 95, p. 31, § 2, effective July 1, 1995.)
C.R.S. § 35-33-203.5 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-203.5
35-33-203.5. Freezing prior to delivery
Status: in_force

35-33-203.5. Freezing prior to delivery. Unless otherwise requested by the owner, all meat or meat products shall be sharp frozen before delivery.
C.R.S. § 35-70-110 — CO Code / Title 35 / Article 70 / Section 35-70-110
35-70-110. Appeals to state board
Status: repealed

35-70-110. Appeals to state board. (1) If the owner of any lands within the district desires, he may appeal from any decision of the supervisors to the state board. To establish such an appeal, he must submit his appeal in writing to the state board within thirty days after the date of the action of the supervisors from which the appeal was taken. The notice of appeal shall state the particular part of the decision of the supervisors from which an appeal is being taken, if less than the entire decision is being appealed from, and shall state in simple and concise language the reasons why the owner considers the decision to be improper.

(2) Within twenty days following the receipt of such written appeal, the state board shall notify, in writing by registered mail, the person making such appeal and the local board of supervisors of the time and place it will hear the appeal. Such hearings shall be held not less than ten days nor more than a period spanning two consecutive meetings of the state board following the mailing of the notice.

(3) At the time and place set forth in the written notice for such meeting, the state board shall hear any persons in interest who desire to be heard in favor of or against the order as finally entered by the supervisors and shall make its decision thereon, which shall be entered in the minutes of the state board.

(4) and (5) Repealed.

(6) No action shall lie in any court of law to set aside or alter the final decision of the state board unless the petitioner or plaintiff therein alleges and shows to the court that the supervisors, in the rules or decision complained of, were guilty of gross carelessness or abuse of discretion, nor shall any action be maintained in such behalf unless the petitioner or plaintiff therein alleges and shows to the court that he has exhausted all rights of appeal provided in this section.
C.R.S. § 35-1-114 — CO Code / Title 35 / Article 1 / Section 35-1-114
35-1-114. Agricultural drought and climate resilience office - creation - grants for agriv
Status: in_force

35-1-114. Agricultural drought and climate resilience office - creation - grants for agrivoltaic demonstration and research projects - rules - definitions. (1) Legislative declaration. The general assembly hereby:

(a) Finds that:

(I) Severe droughts, as well as unaddressed water demands associated with urban growth, will add pressure to Colorado's already strained water supply in all of Colorado's watersheds;

(II) More frequent and severe droughts will add pressure to Colorado's already strained water supply; and

(III) A strong, prosperous, diverse, and resilient agricultural sector is fundamental to the fabric of Colorado;

(b) Determines that:

(I) Colorado's agricultural producers are stewards of our lands, waters, and ecosystems, but they cannot shoulder the burden of water scarcity without addressing water-saving measures being implemented and sustained in urban areas; and

(II) Colorado's agricultural sector is a leader in implementing practices that build resiliency, conserve our water supplies, provide an economic base for rural communities, and enhance our environment; and

(c) Declares that:

(I) Creating the agricultural drought and climate resilience office will support and elevate producers in their resiliency efforts through nonregulatory, voluntary, and incentive-based programs without negatively impacting the overall rural economic viability of agricultural operations and rural communities; and

(II) The agricultural drought and climate resilience office can best address and mitigate agricultural climate-related issues on a wide scale by providing support to and assisting agricultural producers in implementing practices that minimize the impacts of climate change.

(2) Office created. (a) (I) There is created in the department the agricultural drought and climate resilience office. The office may provide voluntary technical assistance, nonregulatory programs, and incentives, including grants, that increase the ability to anticipate, prepare for, mitigate, adapt to, and respond to hazardous events, trends, or disturbances related to drought or the climate.

(II) In awarding grants in accordance with the commissioner's rules adopted pursuant to subsection (3) of this section, the office shall give strong consideration to grant applications that propose using grant money to conduct a new or ongoing demonstration or research project as a means to study the potential, benefits, and tradeoffs of agrivoltaics in the state. Any agrivoltaic study awarded a grant pursuant to this subsection (2)(a)(II) must include findings on the additional costs, including the additional capital and ongoing maintenance costs, for the use of agrivoltaics as compared to traditional photovoltaics. The additional costs must be quantified on both a dollar-per-megawatt and a dollar-per-megawatt-hour basis.

(b) The office shall advise the commissioner, the Colorado agricultural value-added development board created in section 35-75-203, other state agencies, and the governor on the impact to agriculture of drought and climate policies and programs.

(c) The commissioner shall appoint the head of the office.

(3) (a) Rules. The commissioner may promulgate rules necessary for the administration of the office's assistance, programs, and incentives, including grants, consistent with this subsection (3). Before promulgating the rules, the commissioner shall convene a stakeholder group, including representatives of organizations whose membership consists of agricultural producers engaged in the production of the top ten agricultural commodities produced in Colorado, members of the state conservation board created in section 35-70-103 (1)(a), and representatives of the solar energy development industry. The stakeholder group shall advise the commissioner as to the needs of the agriculture industry to respond to and mitigate the impacts of climate change on agricultural production and solutions from the solar energy development industry on providing feasible solutions for producing electricity on agricultural lands while contributing ecological and agricultural benefits.

(b) Assistance, programs, and incentives. (I) Except for a program, assistance, incentive, or support administered by the office to address immediate needs as a result of disaster, including wildfire and drought, or that was in existence on January 1, 2021, a program, assistance, incentive, or support administered by the office must include new or ongoing demonstration or research projects to demonstrate or study the use of agrivoltaics to:

(A) Help prepare for and mitigate the impacts that climate change or drought have on agriculture;

(B) Reduce energy costs in agriculture;

(C) Improve the economic resilience of agricultural producers;

(D) Minimize negative environmental impacts of photovoltaic energy production facilities on soil health, native vegetation, state and federally listed species, wildlife migration corridors, and the species, habitats, and ecosystems that are of the greatest conservation need; and

(E) Provide other statewide environmental benefits, as identified by the office.

(II) Grants awarded by the office must pay for implementation of practices to address and mitigate the impacts of climate change or drought on agriculture or to provide direct adaptation support for impacted agricultural communities, including mental health resources, conflict resolution assistance, and risk-management guidance. A grant award may pay no more than five percent of administrative expenses incurred by an agricultural producer to implement the practices.

(III) The department shall, at least thirty days before opening the grant application process, make available, on its website, information related to the grant program to agricultural producers.

(IV) A grant authorized pursuant to this section must receive final approval by the commission before a final award can be issued.

(V) The department shall post on its website all applications for grant awards. Within fifteen days after awarding a grant, the department shall post on its website the name of the individual or entity receiving a grant, the amount of the grant awarded, the project or projects to be funded by the grant, and the duration of the grant award.

(4) Definitions. As used in this section, unless the context otherwise requires:

(a) "Agrivoltaics" means one or more solar energy generation facilities directly integrated with agricultural activities, including crop production, grazing, animal husbandry, apiaries, cover cropping to improve soil health or insect habitat benefits or carbon sequestration, or production of agricultural commodities for sale in the retail or wholesale market.

(b) "Office" means the agricultural drought and climate resilience office created in subsection (2) of this section.
C.R.S. § 35-23.5-108 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-108
35-23.5-108. Repeal - review of functions
Status: repealed

35-23.5-108. Repeal - review of functions. (Repealed)
C.R.S. § 35-40-206 — CO Code / Title 35 / Article 40 / Part 2 / Section 35-40-206
35-40-206. Other money credited to fund
Status: in_force

35-40-206. Other money credited to fund. All furs and skins of predatory animals taken as a result of the expenditure of the predatory animal control fund shall be sold, and the proceeds of such sale deposited in said predatory animal control fund for use in carrying out the purposes of this part 2.
C.R.S. § 35-49-106 — CO Code / Title 35 / Article 49 / Section 35-49-106
35-49-106. Plans submitted to state engineer
Status: in_force

35-49-106. Plans submitted to state engineer. Anyone proposing to construct a dam for the creation of a livestock water tank, as described in section 35-49-103, shall submit to the state engineer for approval an application on a form provided by the state engineer showing the general location of such proposed dam with reference to section, township, and range, location and dimensions of spillway, and the number, location, and size of dams already constructed within the watersheds of the dry channel on which such dam is proposed to be built. Nothing contained in this section shall be construed to specify plans and specifications of such technical detail or nature as to require preparation by an engineer or construction of such stock water tanks under the supervision of an engineer; it being the intent and purpose of the provisions of this section that the state engineer shall be apprised by the completed application of pertinent information sufficient to enable the state engineer to ascertain the general location of the water tank, its operation in relation to tanks already constructed, its relative priority rights, its effect on existing appropriations of water, its capacity, its dam dimensions, the necessary and reasonable factors of safety, and its compliance with the provisions of this article.
C.R.S. § 35-36-211 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-211
35-36-211. Commodity handler records - separate and distinct - time of maintenance - defini
Status: in_force

35-36-211. Commodity handler records - separate and distinct - time of maintenance - definition. (1) A commodity handler or small-volume commodity handler operating another business in conjunction with, or in proximity to, the handler's commodity handling business shall keep a complete set of records for the commodity handling business, entirely separate and distinct from the accounts and records of that other business. The deposits of commodities for the account of another business or for commodities owned by the commodity handler or small-volume commodity handler shall be entered in the books of the commodity handler or small-volume commodity handler in the same manner as those of other depositors. For the purpose of this section, "other business" means any other separate and legally established enterprise that is distinct and separate from the legal and financial transactions of the commodity handling business.

(2) Commodity handlers or small-volume commodity handlers shall maintain adequate records and systems for the filing and accounting of negotiable warehouse receipts, canceled negotiable warehouse receipts, scale tickets, and other documents and transactions necessary or common to the commodity handling industry. A commodity handler or small-volume commodity handler shall retain canceled negotiable warehouse receipts, copies of scale tickets, and copies of other documents evidencing ownership or ownership liability for a period of at least three years after the date of cancellation.

(3) A commodity handler or small-volume commodity handler shall post a position report daily; however, if a daily position report poses a substantial hardship, the commissioner may authorize, in writing, a weekly position report. The position report must include, but need not be limited to, total stocks by commodities received or loaded out, forwarding of commodities to terminal storage, conversions of whole commodities to feed, negotiable warehouse receipt obligations, open storage obligations, credit sale contracts, and public-warehouse-owned commodities.

(4) A scale ticket shall be issued for each receipt of commodities. A copy of the scale ticket shall be given to the owner. A commodity handler or small-volume commodity handler shall file the commodity handler's or small-volume commodity handler's copy with all other such copies in numerical sequence and shall file and retain voided scale tickets at the commodity handler's or small-volume commodity handler's place of business. Scale tickets shall be issued in numerical sequence. An issued scale ticket must contain the following: Sequential number; date; owner's name; commodity handler's or small-volume commodity handler's name; commodity; test weight with dockage, if applicable; grade, if assigned; gross weight; tare weight; and net weights, in the case of weights from hopper scales.

(5) A settlement sheet shall be maintained for each owner and shall contain the following: Owner's name; scale ticket numbers; total receipts; total withdrawals; test weight; and grade, if assigned. A copy of a current settlement sheet shall be provided to the owner upon request.
C.R.S. § 35-33-407 — CO Code / Title 35 / Article 33 / Part 4 / Section 35-33-407
35-33-407. Repeal of article - review of functions
Status: repealed

35-33-407. Repeal of article - review of functions. This article 33 is repealed, effective September 1, 2032. Before its repeal, the licensing functions of the department are scheduled for review in accordance with section 24-34-104.
C.R.S. § 35-50-118 — CO Code / Title 35 / Article 50 / Section 35-50-118
35-50-118. Civil penalties
Status: in_force

35-50-118. Civil penalties. (1) A person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or by the commission or the commission's designee. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule on at least one prior occasion occurring after March 23, 1995.

(2) No civil penalty may be imposed by the commission or its designee unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(3) If the commission or its designee is unable to collect the civil penalty, or if a person fails to pay all or a set portion of the civil penalty as determined by the commission or its designee, the commission may bring suit to recover such amount plus costs and attorney fees by action in a court of competent jurisdiction.

(4) Before imposing any civil penalty, the court, the commission, or the commission's designee may consider the effect of such penalty on the person charged.

(5) All penalties collected pursuant to this section shall be transmitted to the diseased livestock indemnity fund created in section 35-50-114 (3).
C.R.S. § 35-80-106.4 — CO Code / Title 35 / Article 80 / Section 35-80-106.4
35-80-106.4. Sterilization of ownerless dogs and cats required - rules - exceptions - violati
Status: repealed

35-80-106.4. Sterilization of ownerless dogs and cats required - rules - exceptions - violations. (1) An animal shelter or pet animal rescue shall not release a dog or cat to a prospective owner unless the animal has been sterilized by a licensed veterinarian.

(2) If a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the life of the dog or cat, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure. At such time, the prospective owner shall have the animal sterilized. If the determination of unfitness for sterilization has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to this subsection (2).

(2.3) (a) For an animal born in Colorado, if a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the health of the dog or cat, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure. At such time, the prospective owner shall have the animal sterilized. If the determination of unfitness for sterilization has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to the provisions of this subsection (2.3).

(b) If a veterinarian licensed in Colorado declares in writing that a sterilization procedure is likely to cause a secondary illness, injury, impairment, or physical condition that involves inpatient care or ongoing outpatient treatment, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure. If the determination of unfitness for sterilization due to jeopardizing the health of the animal has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to this subsection (2.3)(b).

(2.5) For the purposes of the exemptions in subsections (2) and (2.3) of this section:

(a) A veterinarian shall base a determination of unfitness on specific details regarding the specific animal for which an exemption is requested and shall not include multiple animal exemption requests in one determination.

(b) The commissioner may submit a signed complaint to the state board of veterinary medicine if the commissioner has reason to believe that a veterinarian's written declaration submitted pursuant to subsection (2) or (2.3) of this section is in violation of section 12-315-112.

(c) At the time of license renewal, each animal shelter or pet animal rescue shall provide the department with information regarding animals exempted pursuant to subsections (2) and (2.3) of this section. The animal shelter or pet animal rescue shall provide the information in the form provided by the department and shall include the breed, age, category of exemption, reasoning for the exemption, and name and license number of the veterinarian licensed in Colorado that made the exemption determination.

(3) This section does not apply to:

(a) The release of a dog or cat to a person with prior and continuing ownership rights to the dog or cat who is reclaiming the animal from an animal shelter or pet animal rescue;

(b) The transfer of an animal from an animal shelter or pet animal rescue to another animal shelter or pet animal rescue or to a veterinarian;

(c) Repealed.

(d) Public animal shelters eligible for waiver of licensing fees pursuant to rules promulgated by the commissioner; or

(e) A facility in an area with limited access to licensed veterinarians that has been granted an exemption by the commissioner; except that any animal shelter or pet animal rescue that imports unsterilized dogs or cats into the state is ineligible for an exemption.

(4) Nothing in this section shall preclude a town, city, county, or city and county from adopting, maintaining, or enforcing an ordinance that exceeds the minimum requirements adopted by the commissioner in implementing and enforcing this section. Nothing in this section shall preclude a licensed animal shelter, whether public or private, from adopting, maintaining, or following a policy that exceeds the minimum requirements adopted by the commissioner in implementing and enforcing this section.
C.R.S. § 35-28-116 — CO Code / Title 35 / Article 28 / Section 35-28-116
35-28-116. Administration and enforcement
Status: in_force

35-28-116. Administration and enforcement. (1) The commissioner of agriculture shall be responsible for the administration and enforcement of this article.

(2) Every person who violates any provision of this article 28 or any provision of any marketing order duly issued by the commissioner under this article 28 commits a petty offense. Each day during which any such violations continue constitutes a separate offense.

(3) Upon the filing of a verified complaint charging violation of any provisions of this article or of any provision of any marketing order issued by the commissioner under this article, and prior to the institution of any court proceeding authorized in this section, the commissioner in his discretion may refer the matter to the attorney general or any district attorney of this state for action pursuant to the provisions of this article or call a hearing to consider the charges set forth in such verified complaint. In such case, the commissioner shall cause a copy of such complaint, together with a notice of the time and place of hearing of such complaint, to be served personally, or by mail, upon the person named as respondent therein. Such service shall be made at least three days before said hearing date. The hearing shall be held in the city or town in which is situated the principal place of business of the respondent, or in which the violation complained of is alleged to have occurred, or in the nearest office of the department of agriculture, at the discretion of the commissioner. At the time and place designated for such hearing, the commissioner or his agents shall hear the parties to said complaint and shall enter in the office of the commissioner at Denver his findings based upon facts established at such hearing.

(4) If the commissioner finds that no violation has occurred he shall forthwith dismiss such complaint and notify the parties to such complaint.

(5) If the commissioner finds that a violation has occurred he shall so enter his findings and notify the parties to such complaint. Should the respondent thereafter fail, neglect, or refuse to desist from such violation, within the time specified by the commissioner, the commissioner may thereupon file a complaint against such respondent in a court of competent jurisdiction as set forth in this section.

(6) Each district attorney of this state may upon his own initiative and shall upon any complaint of any person, if, after investigation he believes a violation has occurred, bring a criminal action in the proper court in his district in the name of the people of this state in any court of competent jurisdiction in the state of Colorado against any person violating any provision of this article or of any marketing order duly issued by the commissioner under this article.

(7) (a) Any person who violates any provision of this article or of any marketing order or rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or by the commissioner. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision, marketing order, or rule on at least one prior occasion occurring after March 23, 1995.

(b) No civil penalty may be imposed by the commissioner unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(c) If the commissioner is unable to collect the civil penalty, or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(d) Before imposing any civil penalty, the court or the commissioner may consider the effect of such penalty on the person charged.

(e) All penalties collected pursuant to this section shall be transmitted to the general fund.

(8) (a) The commissioner shall enforce the provisions of this article.

(b) Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any marketing order or rule issued pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue an order requiring any person to cease and desist from such violation. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease immediately. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S., and shall be determined promptly.

(c) Whenever the commissioner possesses evidence satisfactory to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article or of any marketing order or rule issued under this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any marketing order, rule, or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

(9) The judgment, if in favor of the plaintiff, shall provide that the defendant pay to the plaintiff reasonable costs of such suit including attorney's fees incurred by an advisory board in the prosecution of such action.

(10) Any such action may be commenced either in the county where defendant resides or where any act or omission or part thereof complained thereof occurred.

(11) The penalties and remedies prescribed in this article with respect to any violation mentioned in this article shall be concurrent and alternative, and neither singly nor combined shall the same be exclusive and either singly or combined the same shall be cumulative with any other civil, criminal, or administrative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.

(12) Any handler or processor located outside of this state who processes products which are marketed or distributed in this state on a continuing basis, whether directly or indirectly, shall be considered to be engaged in the transaction of business within this state and shall be subject to the jurisdiction of the courts of this state pursuant to the provisions of section 13-1-124, C.R.S. Any action to enforce any provision of this article or any marketing order issued pursuant to this article against such out-of-state handler or processor by the commissioner shall be considered to have arisen from the transaction of business in this state and shall subject the handler or processor to the jurisdiction of the courts of this state.
C.R.S. § 35-41.5-101 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-101
35-41.5-101. Short title
Status: in_force

35-41.5-101. Short title. This article shall be known and may be cited as the "Alternative Livestock Act".
C.R.S. § 35-36-217 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-217
35-36-217. Unlawful acts - definition
Status: in_force

35-36-217. Unlawful acts - definition. (1) It is unlawful and a violation of this part 2 for a person to:

(a) Make fraudulent charges or returns for the handling, sale, or storage or for the rendering of any service in connection with the handling, sale, or storage of any commodities. Violation of this subsection (1)(a) is a class 6 felony.

(b) Willfully fail or refuse to render a true account of sales or storage or to make a settlement on sales or storage or to pay for commodities received on the date and in the manner specified in the contract with the owner or, if no date is specified in the contract or on delivery, within thirty days after the date of delivery or the date on which the person took possession of the commodities. Violation of this subsection (1)(b) is a class 6 felony.

(c) Intentionally make false or misleading statements as to the market conditions for commodities or false or misleading statements as to the condition, quality, or quantity of commodities received, handled, sold, or stored. Violation of this subsection (1)(c) is a class 6 felony.

(d) Engage in fictitious sales, in collusion, or in unfair practices to defraud the owners. Violation of this subsection (1)(d) is a class 6 felony.

(e) Act as a commodity handler without having obtained a license or act as a commodity handler without having filed a surety bond or irrevocable letter of credit, as provided in this part 2. Violation of this subsection (1)(e) is a class 6 felony.

(f) Willfully convert to the person's own use or benefit the commodities of another. Violation of this subsection (1)(f) is theft, as defined in section 18-4-401.

(g) Commit fraud or deception in the procurement or attempted procurement of a license. Violation of this subsection (1)(g) is a class 2 misdemeanor.

(h) Fail to comply with any lawful order of the commissioner concerning the administration of this part 2. Violation of this subsection (1)(h) is a class 2 misdemeanor.

(i) Interfere with or hinder an authorized representative of the department while performing the person's duties under this part 2. Violation of this subsection (1)(i) is a class 2 misdemeanor.

(j) Willfully alter or destroy any negotiable warehouse receipt or the record of the negotiable warehouse receipt; issue a negotiable warehouse receipt without preserving a record of the negotiable warehouse receipt; issue a negotiable warehouse receipt when the commodity described is not in the building certified in the receipt; with intent to defraud, issue a second or other negotiable warehouse receipt for any commodity for which, or for any part of which, a valid negotiable warehouse receipt is already outstanding and in force; or, while a valid negotiable warehouse receipt is outstanding and in force, sell, pledge, mortgage, encumber, or transfer a commodity in violation of this part 2 or section 35-36-104 or permit the same to be done without the written consent of the holder of the negotiable warehouse receipt or receive the property or help to dispose of the property. Violation of this subsection (1)(j) is a class 6 felony.

(k) Sell commodities for less than the current market price to a person with whom the person has any financial connection, directly or indirectly, either as an owner of the corporate stock of a corporation, as a copartner, or in any other capacity, or sell any commodities out of the purchase price of which the commodity handler or small-volume commodity handler, directly or indirectly, retains any portion of the purchase price other than the commission allowed and reported pursuant to section 35-36-310. Violation of this subsection (1)(k) constitutes theft, as defined in section 18-4-401.

(l) Act as a commodity handler or small-volume commodity handler and, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money upon a bank or other depository to the owner for the purchase price of any commodities or any part of the purchase price upon obtaining possession or control of the commodities, when, at the time of the making, drawing, uttering, or delivery, the maker or drawer has insufficient funds in or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. The making, drawing, uttering, or delivery of the check, draft, or order is prima facie evidence of an intent to defraud. "Credit", as used in this subsection (1)(l), means an arrangement or understanding with the bank or depository for the payment of the check, draft, or order. Violation of this subsection (1)(l) is fraud by check, as defined in section 18-5-205.
C.R.S. § 35-65-407 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-407
35-65-407. Warrants
Status: in_force

35-65-407. Warrants. The controller is authorized to draw and the state treasurer to pay warrants upon all the funds appropriated from the Colorado state fair authority cash fund, created pursuant to section 35-65-107 (1), on the order of the board, signed by its chair and countersigned by its secretary.
C.R.S. § 35-49-109 — CO Code / Title 35 / Article 49 / Section 35-49-109
35-49-109. Priority determined - how
Status: in_force

35-49-109. Priority determined - how. The state engineer's certificate of approval of a livestock water tank on each normally dry stream and its tributaries shall be chronologically numbered in the order of approval and in concert with any erosion control dams approved pursuant to section 37-87-122, C.R.S. Priority of right as between such tanks located on or within the watershed of each such dry stream shall be determined by such numbers seriatim, number one being first in such right.
C.R.S. § 35-9-105 — CO Code / Title 35 / Article 9 / Section 35-9-105
35-9-105. Exclusive jurisdiction
Status: in_force

35-9-105. Exclusive jurisdiction. Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture.
C.R.S. § 35-21-107.5 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-107.5
35-21-107.5. Civil penalties
Status: in_force

35-21-107.5. Civil penalties. (1) (a) The commissioner may impose a civil penalty on any person who violates this part 1 or any rule adopted under this part 1. The penalty must not exceed seven hundred fifty dollars per day per violation.

(b) Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.

(2) (a) The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(b) Upon a finding that the commissioner did not have probable cause to impose a civil penalty, the person charged may recover from the department such person's costs and attorney fees.

(3) If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction.

(4) The commissioner shall transmit civil penalties collected under this section to the state treasurer, who shall credit the money to the general fund.
C.R.S. § 35-27-103 — CO Code / Title 35 / Article 27 / Section 35-27-103
35-27-103. Definitions
Status: in_force

35-27-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Advertisement" means all representations commercial and otherwise, other than labeling, disseminated in any manner or by any means by the seller of seed as such representations relate to such seed.

(2) "Bean" means all species of genus phaseolus, vigna, and cicer.

(3) "Certified seed" means seed certified by a seed certifying agency pursuant to this article and includes foundation and registered seed.

(4) "Certifying agency" means the seed certification service of the Colorado state university authorized by the board of governors of the Colorado state university system or the authorized seed certifying agency of another state.

(5) "Commissioner" means the commissioner of agriculture.

(6) "Conditioning" means drying, cleaning, scarifying, sizing, or any other operation which could change the purity or germination of seed.

(7) "Custom seed conditioner" means any person in Colorado who engages in the business of conditioning seed by either a stationary or portable seed cleaner, if ownership of such seed is retained by the customer.

(8) "Department" means the department of agriculture.

(9) "Disease of beans" means a bacterial, viral, or fungal disease of beans. The term includes any of the following diseases and any variations or new strains of the following diseases which are recognized as pathogenic or a potential threat to seed bean production:

(a) Anthracnose (collectotrichum lindemuthianum);

(b) Bean bacterial wilt (corynebacterium flaccumfaciens ssp. flaccumfaciens);

(c) Strains of brown spot (pseudomonas syringae pv. syringae);

(d) Common bean blight (xanthomonas campestris pv. phaseoli);

(e) Halo blight (pseudomonas syringae pv. phaseolicola); and

(f) BCMV (bean common mosaic virus).

(9.5) "Dormant seeds" means viable seeds, other than hard seeds, that fail to germinate when provided the specific germination conditions for the kind of seed in question.

(10) "Farmer seed labeler" means any person who labels only seed produced for sale on property owned or rented by such person or such person's employer in Colorado.

(11) "Germination" means the emergence and development from the seed embryo of those essential structures that, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

(11.5) "Hard seeds" means seeds that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.

(12) "Inert matter" means matter which is not seed, including broken seed, sterile florets, chaff, fungus bodies, and stones, as defined by the commissioner.

(13) "Kind" means one or more related species or subspecies which singly or collectively are known by one common name, including corn, oats, alfalfa, timothy, and western wheatgrass.

(14) "Labeling" means all labels, tags, and other written, printed, or graphic representations, in any form, accompanying and pertaining to specific seed whether in bulk or in containers and includes invoices; except that labeling does not include advertisements as defined in this section.

(15) "Lot" means a definite quantity of seed identified by a lot number or other mark. Every portion or bag of any such lot shall be uniform within recognized tolerances for the factors which appear in the labeling of such lot.

(16) "Noxious weed seed" means the seed produced from plants which are especially troublesome and detrimental and which may cause damage or loss to a considerable portion of the land or livestock of a community. Noxious weed seed are divided into two classes: "prohibited noxious weed seed" and "restricted noxious weed seed" and are defined as follows:

(a) "Prohibited noxious weed seed" means the seed of perennial, biennial, and annual weeds which are highly detrimental and especially difficult to control. The presence of prohibited noxious weed seed in seed precludes the sale of seed for propagation. Prohibited noxious weed seed includes the seed of any weed so designated by the commissioner.

(b) "Restricted noxious weed seed" means the seed of weeds which are very objectionable in fields, lawns, and gardens but which can be controlled by good cultural practices. Restricted noxious weed seed includes the seed of any weed so designated by the commissioner.

(17) "Origin" means the state or foreign country in which seed is grown.

(18) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.

(19) "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, substance, or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term "pesticide" shall not include any substance that is a "new animal drug" as designated by the United States food and drug administration.

(20) "Record" means any information which relates to the origin, treatment, germination, purity, kind, and variety of each lot of seed sold in this state. Such information includes seed samples and documents showing declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations.

(21) "Retail seed dealer" means any person who engages in the business of selling seed at retail in Colorado.

(22) "Screenings" means chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed in any way from any seed in any kind of cleaning procedure.

(23) "Seed" means agricultural, vegetable, ornamental, shrub, or tree seed for propagation. The term "seed" does not include tubers that are planted or used, or intended to be planted or used, as seed potatoes and are thus regulated under the "Colorado Seed Potato Act", article 27.3 of this title.

(24) "Seed labeler" means a person who engages in the business of labeling seed for sale in Colorado and whose name and address appears on the label of such seed.

(25) "Tolerance" means:

(a) For "seed", the allowable deviation, as prescribed in the rules and regulations adopted pursuant to this article, from any figure used on a label including but not limited to those figures used to designate the percentage of any fraction of the lot in question, the percentage germination, or the number of noxious weed seeds present;

(b) For "bean", in addition to the requirements of paragraph (a) of this subsection (25), the deviation from minimum levels of seed-borne pathogens and the diseases of beans allowed by the commissioner.

(26) "Treated" means that the seed has received an application of a substance or that it has been subjected to a procedure for which a claim is made.

(27) (a) "Variety" (cultivar) means a division of a kind which is distinct, stable, and uniform.

(b) For purposes of this subsection (27):

(I) "Distinct" means that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties publicly known.

(II) "Stable" means that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

(III) "Uniform" means that variations in essential and distinctive characteristics are describable.

(28) "Weed seed" means the seed of plants detrimental to agriculture and generally recognized as weeds within this state and includes noxious weed seed.
C.R.S. § 35-47-102 — CO Code / Title 35 / Article 47 / Section 35-47-102
35-47-102. Duty of custodian - fees - recovery
Status: in_force

35-47-102. Duty of custodian - fees - recovery. Where said animals are in violation of section 35-47-101, it is the duty of every sheriff or other peace officer of the county, on complaint of any person, to take custody of such animals and place them on feed and water. He may appoint a custodian for such purpose and pay such custodian a fee of four dollars per day to be assessed as costs; and the owner or agent may give the sheriff or other officer a redelivery bond in sufficient sum for repossession of his stock, pending a court action. In cases where the owner or agent is known and has been convicted in court, the sheriff or other officer may dispose of such animals or sufficient numbers of them to pay for the fine and reasonable costs of feeding and other expenses in connection therewith, after giving ten days notice by posting three notices in public and conspicuous places. In cases where the owner of such animals is unknown, the animals shall be taken up and disposed of by the state board of stock inspection commissioners, or one of its duly authorized representatives, the same as other estrays as provided for by law.
C.R.S. § 35-33-207 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-207
35-33-207. License fees
Status: in_force

35-33-207. License fees. (1) The fee for each license under this article shall be established by the commission. There shall be no reduction of a license fee for any fractional part of a year. The fee schedule shall cover all direct and indirect costs associated with the licensing, inspection, and regulation of custom processors.

(2) Any person who fails to renew a license on or before the expiration date of the license shall pay a late fee, as established by the commission, in addition to the license fee.

(3) All fees collected pursuant to this section shall be deposited in the state treasury and credited to the inspection and consumer services cash fund created in section 35-1-106.5.
C.R.S. § 35-27-113 — CO Code / Title 35 / Article 27 / Section 35-27-113
35-27-113. Prohibitions
Status: in_force

35-27-113. Prohibitions. (1) It is unlawful and a violation of this article for any person to sell, offer or expose for sale, barter, or distribute any seed within this state, if such seed:

(a) Has not been tested to determine the percentage of germination of such seed within the previous thirteen months, except for certain cool season grasses as determined by the commissioner by rule, if such seed has not been tested within the previous sixteen months, and except that, for seed stored in hermetically sealed containers, if such seed has not been tested within the previous twenty-four months. For labeling purposes, a tetrazolium test may not be used in place of a germination test except as specifically authorized by the commissioner by rule.

(b) Has been treated with a material which is poisonous to humans or livestock unless there is a conspicuous warning in the labeling which gives the commonly accepted or abbreviated chemical name of the poisonous substance;

(c) Is not labeled in accordance with this article;

(d) Is or has been the subject of false or misleading advertisements or statements by the person, or such person's agent, who is selling, exposing or offering for sale, bartering, or distributing such seed;

(e) Is sold in the form of screenings, but is not labeled and invoiced as "screenings for processing, not for seeding";

(f) Is officially labeled or advertised as certified or registered, and if such seed has not been produced, conditioned, and packaged in conformity with the standards of purity as to kind and variety in compliance with the rules and regulations of the certifying agency. For purposes of this paragraph (f), labeling or advertising guarantees that seed is certified if such labeling or advertising uses the word "certified", "foundation", or "registered" in any manner.

(g) (I) Is sold by a variety name but is not certified by an official seed certifying agency if such seed is of a variety for which a certificate or application for certificate of plant variety protection under the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, requires sale only as a class of certified seed.

(II) Notwithstanding subparagraph (I) of this paragraph (g), seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.

(h) Is sold by a variety name when such seed is of a variety for which a certificate or application for certificate of plant variety protection under the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, has been granted or for which an application for a certificate of plant variety protection has been sought.

(2) (a) It is a civil violation of this article for any person to sell, offer or expose for sale, barter, or distribute any seed within this state if such seed contains:

(I) More than two percent of weed seed by weight or such other standard established by the commissioner;

(II) Prohibited noxious weed seed; or

(III) (A) More restricted noxious weed seed per pound than the amount declared on the label attached to the container of such seed, if the amount declared meets the standards established by the commissioner; or

(B) More restricted noxious weed seed per pound than the amount allowed by the standards established by the commissioner.

(b) Any person who violates paragraph (a) of this subsection (2) shall be subject to a civil penalty pursuant to section 35-27-118.

(3) It is unlawful and a violation of this article for any person within this state to:

(a) Detach, alter, deface, or destroy any label or tag completed pursuant to section 35-27-105, if such person is not the ultimate consumer;

(b) Alter or substitute seed or other material in a manner that may defeat the purposes of this article;

(c) Disseminate any false or misleading advertisement concerning a specific lot of seed in any manner or by any means;

(d) Intentionally hinder or obstruct in any way any authorized person in the performance of such person's official duties as such duties pertain to this article;

(e) Perform, or hold oneself out as being authorized to perform, any of the acts for which registration is required without registering pursuant to section 35-27-111;

(f) Solicit, advertise, or offer to perform any of the acts for which registration is required without being registered;

(g) Refuse or fail to comply with a cease-and-desist order issued pursuant to section 35-27-116;

(h) Refuse or fail to comply with the provisions of this article;

(i) Make false, misleading, deceptive, or fraudulent advertisements concerning a specific lot of seed;

(j) Impersonate any state, county, city and county, or municipal official or inspector authorized pursuant to this article;

(k) Refuse or fail to comply with any rules or regulations adopted by the commissioner pursuant to this article or to any lawful order issued by the commissioner.

(4) It is unlawful and a violation of this article for any person to sell, offer or expose for sale, barter, or distribute, for other than propagation purposes, within the state, any seed that has been treated unless it is sold separately from untreated seed or grain and is accompanied by an affidavit, certificate, label, or tag stating that the seed has been chemically treated and cannot be used for food, feed, or oil purposes.

(5) It is unlawful and a violation of this article for any person acting as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler to:

(a) Make false or misleading representations or statements of fact in any application, record, or report submitted to the department pursuant to this article;

(b) Fail to maintain or submit any records or reports required by this article;

(c) Permit the use of a registration by any person other than the registrant.

(6) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 when such person:

(a) Sells, offers or exposes for sale, barters, or distributes within the state:

(I) Any seed beans which have not been approved in accordance with section 35-27-109;

(II) Any seed subject to the provisions of this article if such person fails to comply with or violates the provisions of this article;

(b) (I) Removes or disposes of any detained or embargoed seed without prior permission from the commissioner or a court of competent jurisdiction or removes or alters any labeling on such seed.

(II) Any person violating this paragraph (b) may be subject to civil penalties assessed in accordance with section 35-27-118.

(7) The failure by any person to comply with the provisions of subsection (3)(e), (3)(f), or (3)(i) of this section is a deceptive trade practice and is subject to the provisions of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.

(8) It is the duty of the several district attorneys of the state to prosecute all persons charged with the violation of any of the provisions of this article. It is the duty of the attorney general to advise the commissioner in all legal matters and to represent the commissioner or the commissioner's agents in all actions brought by or against the commissioner or the commissioner's agents.
C.R.S. § 35-1.2-106 — CO Code / Title 35 / Article 1.2 / Section 35-1.2-106
35-1.2-106. Funding for loan program
Status: repealed

35-1.2-106. Funding for loan program. (1) Within three days after June 29, 2021, the state treasurer shall transfer thirty million dollars from the general fund to the fund for the implementation and administration of the loan program.

(2) Repealed.

(3) Beginning with the 2021-22 state fiscal year, the department may annually use up to one and one-half percent of the money transferred pursuant to subsection (1) of this section to pay the direct and indirect costs that the department incurs in administering the loan program; except that nothing in this subsection (3) may be construed as limiting the amount that the department may provide to a financial entity as compensation for making loans pursuant to a contract described in section 35-1.2-103 (4).
C.R.S. § 35-75-102 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-102
35-75-102. Legislative declaration
Status: in_force

35-75-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The high cost and lack of available agricultural loans for farmers and other agricultural enterprises, with the resultant decrease in crop, livestock, and business productivity and resultant inability on the part of farmers and other agricultural enterprises to acquire modern agricultural equipment and processes, makes it difficult for farmers and other agricultural enterprises to maintain their present employment levels or to increase employment and lessens the supply of agricultural commodities available to fulfill the needs of the citizens of this state;

(b) As a result of the continuing increase in the costs of maintaining operations, including costs of construction and rehabilitation, taxes, heating and electricity expenses, maintenance and repair expenses, and the cost of land, the state of Colorado suffers from structural economic weaknesses which contribute to a decline in capital investment, unemployment, and underemployment; and

(c) The insufficiency of gainful employment in rural areas puts additional pressure on the state's welfare, public health, and crime prevention programs.

(2) The general assembly further finds that:

(a) Farm credit and agricultural loan financing is not currently available at interest rates which are consistent with the needs of farmers and other agricultural enterprises;

(b) The problems set forth in this section cannot alone be remedied through the operation of private enterprise but can be alleviated through the creation of an agricultural development authority to encourage the investment of private capital in the agricultural sector through the use of public financing for the purpose of making loans available at interest rates lower than those available in the conventional farm credit markets. Creation of such an agricultural development authority to coordinate and cooperate with farmers and other agricultural enterprises is essential to alleviating these conditions.

(c) Alleviating the conditions and problems set forth in this section by the encouragement of private investment through an agricultural development authority is a public purpose, and public money provided by the sale of revenue bonds may be borrowed, expended, advanced, loaned, and granted for such use. Such activities shall not be conducted for profit and are proper governmental functions best accomplished by the creation of an agricultural development authority vested with the powers and duties specified in this article.

(d) This article is enacted to protect the health, safety, and welfare of the people of this state.

(3) The agricultural development authority created by this article shall make financing available for farmers and other agricultural enterprises to serve those people which private industry is unable to serve.
C.R.S. § 35-57-117 — CO Code / Title 35 / Article 57 / Section 35-57-117
35-57-117. Collection of fees for purposes of this article - custody and disbursement
Status: in_force

35-57-117. Collection of fees for purposes of this article - custody and disbursement. (1) (a) In order for the board to carry out the provisions and intent of this article, the state board of stock inspection commissioners, by and through the brand commissioner, shall collect a beef board fee on cattle and calves that are sold for which a brand inspection fee is also collected as provided in section 35-41-104 (5). Commencing July 1, 1993, the fee shall not exceed one dollar per head or the amount assessed pursuant to the beef promotion and research order, 7 CFR 1260.172, as amended, whichever is greater.

(b) The fee set forth in paragraph (a) of this subsection (1) shall also be collected from any producer marketing cattle of that producer's own production in the form of beef or beef products to consumers, either directly or through retail or wholesale outlets, or for export purposes, and such producer shall remit to the brand commissioner the set fee per head of cattle or the equivalent thereof.

(c) The fee assessed on each head of cattle sold pursuant to paragraph (b) of this subsection (1) shall not apply to cattle owned by a person if such person:

(I) Certifies that the person's only share in the proceeds of a sale of cattle, beef, or beef product is a sales commission, handling fee, or other service fee;

(II) Certifies that the person acquired ownership of the cattle to facilitate the transfer of ownership of such cattle from the seller to a third party;

(III) Establishes that such cattle were resold not later than ten days after the date on which the person acquired ownership.

(2) (a) The beef board fee collected pursuant to subsection (1) of this section shall be kept separate and distinct from other moneys collected by the state board of stock inspection commissioners. At least once each two months, such fee shall be transferred or paid over to the board, less a sum not in excess of three percent per head on each animal for which a fee is collected.

(b) The board shall utilize the moneys collected pursuant to subsection (1) of this section in carrying out the purposes of this article. In carrying out the purposes of this article, the board may coordinate its activities with any state agency and may allocate such sums collected under this section as are necessary for such coordination.

(3) (Deleted by amendment, L. 93, p. 1853, § 1, effective July 1, 1993.)
C.R.S. § 35-11-115 — CO Code / Title 35 / Article 11 / Section 35-11-115
35-11-115. Penalties
Status: in_force

35-11-115. Penalties. (1) On and after January 1, 1990, any person utilizing chemigation without a permit commits a class 6 felony and shall be punished as provided in section 18-1.3-401 (1)(a)(IV), C.R.S., and by a fine not to exceed one thousand dollars.

(2) Any person who violates any provision of subsection (1) of this section shall also be subject to a civil penalty assessed by the court of not less than one hundred dollars nor more than one thousand dollars for each such violation. All civil penalties collected under this subsection (2) shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.
C.R.S. § 35-43-123 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-123
35-43-123. Thoroughbred rams must be herded
Status: in_force

35-43-123. Thoroughbred rams must be herded. It is the duty of any owner or agent of any owner of thoroughbred rams of any description to herd them or keep them enclosed. Any owner or agent who refuses to comply with the provisions of this section commits a civil infraction.
C.R.S. § 35-80-115 — CO Code / Title 35 / Article 80 / Section 35-80-115
35-80-115. Advisory committee
Status: repealed

35-80-115. Advisory committee. (1) There is hereby established a pet animal advisory committee to advise the commissioner in establishing rules under this article 80 and to provide ongoing review of this article 80. The members of the advisory committee shall receive no compensation or reimbursement from the state of Colorado or the department for expenses incurred in the performance of their duties. The advisory committee shall consist of seventeen persons appointed by the commissioner as follows:

(a) One person who represents animal rescue;

(b) One person who represents bird breeders;

(c) One person who represents small-scale operation dog breeders;

(d) One person who represents cat breeders;

(e) One person who represents small animal breeders;

(f) One person who represents boarding kennels;

(f.5) One person who represents the "dog day care industry", which term means premises on which dogs are kept primarily for the purpose of short-term care;

(g) One person who represents pet groomers;

(h) One person who represents pet animal retailers;

(i) One person who represents pet animal wholesalers;

(j) One person who represents animal control officers;

(k) One person who represents animal shelters;

(l) One veterinarian licensed pursuant to article 315 of title 12;

(m) Three members of the general public, none of whom shall represent or have a financial interest in any of the groups listed in this subsection (1); and

(n) One person who represents large-scale operation dog breeders.

(2) All members of the advisory committee shall be residents of this state.

(3) In the event of a vacancy on the advisory committee prior to the completion of the member's full term, the commissioner shall appoint a person to complete the remainder of the term. Such person shall represent the same group as the member he or she is replacing, pursuant to subsection (1) of this section.

(4) The initial appointments of the animal rescue representative, the small animal breeder, the pet animal wholesaler, one member from the general public, and the large-scale operation dog breeder shall expire on January 1, 1995. The initial appointments of the bird breeder, the representative of boarding kennels, the representative of animal control officers, the small-scale operation dog breeder, and one member from the general public shall expire on January 1, 1996. The initial appointment of all other members shall be for a term of three years. Thereafter, members of the advisory committee shall serve for terms of three years.

(5) Repealed.
C.R.S. § 35-43-212 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-212
35-43-212. Violations - penalties
Status: in_force

35-43-212. Violations - penalties. (1) Except as otherwise provided in this part 2, any person violating this part 2 commits a petty offense and shall be punished as provided in section 18-1.3-503.

(2) Except as otherwise provided in this part 2, any person that violates this part 2 within three years after a previous violation of this part 2 by that same person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(3) A person who unlawfully butchers an animal belonging to another person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S. § 35-46-106 — CO Code / Title 35 / Article 46 / Section 35-46-106
35-46-106. Care of stock taken into custody
Status: in_force

35-46-106. Care of stock taken into custody. It is the duty of any person who takes any animals into custody under the provisions of this article to feed and care for such animals in a reasonable, careful, and prudent manner and keep the same in as good order and condition as when so taken into custody by the said party, and he shall be liable for any damage occasioned by his failure to do so. For such feed and care such party shall be entitled to recover from the owner of such animals a reasonable compensation, to be recovered as provided for the recovery of damages sustained.
C.R.S. § 35-57.5-101 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-101
35-57.5-101. Short title
Status: in_force

35-57.5-101. Short title. This article shall be known and may be cited as the "Colorado Sheep and Wool Authority Act".
C.R.S. § 35-40-101 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-101
35-40-101. Powers and duties of the commissioner - rules - agreements
Status: in_force

35-40-101. Powers and duties of the commissioner - rules - agreements. (1) It is the duty of the commissioner to control depredating animals within the state of Colorado to reduce economic losses to agricultural products or resources, except as otherwise set forth in subsection (4) of this section. The commissioner has exclusive jurisdiction, as described in this article, over the control of depredating animals.

(2) The commissioner may take such steps as are necessary to carry out this part 1, including:

(a) Adopting rules for the control of depredating animals, in consultation with the parks and wildlife commission;

(b) Establishing lethal and nonlethal methods of controlling depredating animals;

(c) Allowing state employees and owners of agricultural products or resources and their families, employees, agents, and identified designees to control depredating animals. Any bears or mountain lions taken by identified designees shall remain the property of the state. The license requirements of section 33-6-107 (9), C.R.S., shall not apply to this article; except that the identified designee shall possess a small game or furbearer license.

(d) Allowing nonlethal methods or preventive activities such as the use of guard dogs and scaring devices.

(3) When promulgating rules for the control of depredating animals, the commissioner shall consider and encourage humane and effective methods of control.

(4) With respect to controlling depredating animals of an at-risk species, the following applies:

(a) The parks and wildlife commission must approve any rules concerning the taking of depredating animals of an at-risk species prior to the adoption of such rules by the commissioner.

(b) The commissioner, when adopting or modifying rules, shall consider any reasonably workable alternative designed to minimize the direct effect on at-risk species.

(c) The commissioner shall control depredating animals of an at-risk species only where damage is occurring.

(d) The commissioner shall notify the division of parks and wildlife in the department of natural resources when controlling depredating animals of an at-risk species.

(5) The state agricultural commission shall approve any rules necessary to carry out the provisions of this part 1 prior to their adoption by the commissioner.

(6) The commissioner may enter into written agreements on behalf of the state with the United States to define such procedure in accordance with sections 35-40-101 to 35-40-106 as said commissioner shall deem advisable and proper for the purpose of cooperating with the United States in the control in this state of coyotes, wolves, mountain lions, bobcats, and other depredating animals. The commissioner may also enter into written agreements concerning the analysis of depredation.

(7) The commissioner is authorized to enter into agreements with the division of parks and wildlife in the department of natural resources for assistance in carrying out this part 1, which assistance may include resources, including financial assistance, at the discretion of the parks and wildlife commission.

(8) The commissioner shall contact and provide information to the parks and wildlife commission as said commission sets population levels and hunting permit numbers for predators in areas where there is depredation to agriculture.

(9) The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

(10) Nothing in this section shall be construed to preclude the division of parks and wildlife from issuing permits pursuant to section 33-3-106, C.R.S., for the taking of wildlife causing damage.
C.R.S. § 35-23.5-106 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-106
35-23.5-106. Suspension or revocation
Status: repealed

35-23.5-106. Suspension or revocation. (Repealed)
C.R.S. § 35-55-108 — CO Code / Title 35 / Article 55 / Section 35-55-108
35-55-108. Investigation - hearing - administrative law judge
Status: in_force

35-55-108. Investigation - hearing - administrative law judge. (1) The state board of stock inspection commissioners, upon its own motion on the basis of reasonable cause or upon the complaint in writing of any person, shall investigate the activities of any licensed livestock market operator or any person who assumes to act in such capacity within the state. Based on the findings of such investigation, the board may initiate proceedings under this article for the discipline of a licensee.

(2) The board shall, through the department of agriculture, employ administrative law judges appointed pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings for placing a licensee on probation or for revoking or suspending a license on behalf of the board. The administrative law judges shall conduct such hearings pursuant to the provisions of sections 24-4-104 and 24-4-105, C.R.S.
C.R.S. § 35-10-112 — CO Code / Title 35 / Article 10 / Section 35-10-112
35-10-112. Notification requirements - registry of pesticide-sensitive persons - preemption
Status: in_force

35-10-112. Notification requirements - registry of pesticide-sensitive persons - preemption - rules. (1) (a) (I) The commissioner shall promulgate rules for the establishment of a registry of pesticide-sensitive persons to be maintained by the department. Pesticide-sensitive persons may apply to be placed on the registry if they can provide proof of medical justification by a physician licensed in Colorado in the form and manner prescribed by the commissioner. To remain on the registry, a pesticide-sensitive person must update the person's proof of medical justification every two years. The department shall update the registry at least annually, and make the published registry readily accessible, in a form and manner prescribed by the commissioner, to all commercial, registered limited commercial, and registered public applicators on record with the commissioner.

(II) In applying to be placed on the registry, a pesticide-sensitive person may list a principal:

(A) Residential address;

(B) Employment address; and

(C) School address.

(b) The commissioner shall provide standardized notification signs to any person accepted for the registry for such person to post on his property. These signs shall be designed, manufactured, and distributed solely by the department.

(c) (I) A commercial, registered limited commercial, or registered public applicator, prior to applying a pesticide in any turf or ornamental category, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and:

(A) Who has listed the property to be treated as the person's principal residential, employment, or school address pursuant to subsection (1)(a)(II) of this section;

(B) Who resides on property that abuts the property to be treated; or

(C) Who resides in a multiunit dwelling that abuts a common area to be treated.

(II) If two property sites would be considered to be abutting but for the fact that such sites are separated by an alley, for the purposes of this section such sites are deemed to be abutting.

(III) In notifying a pesticide-sensitive person pursuant to this section, a commercial, registered limited commercial, or registered public applicator may provide the notice electronically.

(d) A commercial, registered limited commercial, or registered public applicator in the wood-destroying organism pest control, residential or commercial pest control, or interior plant pest control categories, prior to making a structural pesticide application to a multiunit dwelling, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and who resides at that multiunit dwelling.

(e) The commissioner may establish rules to further clarify the circumstances and manner in which notice shall be given to pesticide-sensitive persons.

(f) (I) On or before July 1, 2024, the department shall develop a searchable database of all properties that abut, or are entirely located within two hundred fifty feet of, any residential property listed in the registry of pesticide-sensitive persons. If a property is only partially located within two hundred fifty feet of a residential property listed in the registry, and does not abut the residential property, the department shall not include the property in the searchable database.

(II) When developing the searchable database pursuant to this subsection (1)(f), the department must:

(A) Through the commissioner, adopt rules requiring a commercial, registered limited commercial, or registered public applicator to provide notice to a pesticide-sensitive person if the commercial, registered limited commercial, or registered public applicator treats a property that is listed in the searchable database as abutting, or being entirely located within two hundred fifty feet of, the pesticide-sensitive person's listed residential property. A commercial, registered limited commercial, or registered public applicator is not required to provide notice pursuant to this subsection (1)(f)(II)(A) unless and until the commissioner adopts rules pursuant to this subsection (1)(f)(II)(A).

(B) Periodically update the searchable database as needed; and

(C) Provide access to the searchable database to all commercial, registered limited commercial, and registered public applicators.

(III) It is an affirmative defense to an allegation that a commercial, registered limited commercial, or registered public applicator violated rules adopted pursuant to subsection (1)(f)(II)(A) of this section if a failure to notify a pesticide-sensitive person of the treatment of a property that abuts, or is located entirely within two hundred fifty feet of, the pesticide-sensitive person's listed residential property resulted from the fact that the treated property was not listed in the searchable database at the time of the treatment.

(2) (a) Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any turf or ornamental category shall, at the time of application, post a sign or signs notifying the public of the application. Such signs shall be posted at any conspicuous point or points of entry to the property receiving the application.

(b) Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any aquatic category shall post, at the time of application, a sign or signs notifying the public of the application. Such signs shall be posted in the manner designated by the commissioner through the adoption of rules pursuant to article 4 of title 24, C.R.S.

(c) The notice-of-application signs specified in paragraphs (a) and (b) of this subsection (2) shall be water resistant and shall measure at least four inches in height and five inches in width. Each sign shall contain the following information in black lettering and symbols on a bright yellow background:

(I) The word "WARNING", in at least sixty-point bold-faced type;

(II) The words "PESTICIDES APPLIED", in at least twenty-four-point bold-faced type;

(III) The symbol of a circle at least two inches in diameter with a diagonal slash over an adult, child, and dog; and

(IV) The name of the commercial, registered limited commercial, or registered public applicator that made the application, in at least eighteen-point bold-faced type.

(d) If a commercial or registered limited commercial applicator makes a pesticide application on a commercial property site pursuant to paragraph (a) or (b) of this subsection (2) and an owner of the site or an agent of an owner of the site is not present at the site, then, in addition to the information required by paragraph (c) of this subsection (2), the notice-of-application signs posted by the applicator at the site shall also contain the following information in black lettering and symbols on a bright yellow background in at least eighteen-point bold-faced type:

(I) The telephone number of the applicator;

(II) The name of the pesticide applied; and

(III) The date the pesticide was applied.

(3) No county, city and county, municipality, home rule county, home rule city and county, or home rule municipality shall enact or impose any notification requirements upon commercial applicators which are more stringent than those imposed by this article; except that each county, city and county, municipality, home rule county, home rule city and county, and home rule municipality shall retain the authority to impose any notification requirements upon private individuals, property owners, and the general public. Any such notification requirement imposed by any county, city and county, municipality, home rule county, home rule city and county, or home rule municipality on private individuals, property owners, or the general public shall not be held to be applicable to any commercial applicator, nor shall any commercial applicator be exposed to any liability for a failure to comply with any such notification requirement.
C.R.S. § 35-50-109 — CO Code / Title 35 / Article 50 / Section 35-50-109
35-50-109. Inspection and testing
Status: in_force

35-50-109. Inspection and testing. (1) Whenever it becomes known to the commissioner that an infectious or contagious disease exists among livestock of the state, the commissioner may inspect all livestock in the state.

(2) Whenever it becomes known to the commissioner that an infectious or contagious disease exists among livestock of the state, the commissioner may compel the testing of all livestock in the state.

(3) Any owner whose livestock are suspected, after epidemiological investigation, of having an infectious or contagious disease shall, upon order of the commissioner, assemble such livestock and provide the necessary facilities for inspection and collection of such samples as may be deemed necessary to conduct tests of such livestock for the infectious or contagious disease, and shall render such assistance as required.

(4) All samples drawn in testing for an infectious or contagious disease shall be forwarded to the department's animal health laboratory or any other laboratory approved by the state veterinarian for testing.

(5) Whenever any livestock are tested, the livestock shall be individually identified, as specified by the commissioner. Official identification shall not be removed from such livestock or altered in any fashion.

(6) The owner of livestock ordered tested or treated shall be responsible for the costs of all testing or treatment, unless specifically provided for by local, state, or federal funding.

(7) If the owner of livestock ordered treated or tested, after reasonable notice as determined by the commissioner, fails to dip, spray, test, or otherwise treat such livestock as ordered by the commissioner, the commissioner may seize, or cause to be seized, dipped, sprayed, tested, or otherwise treated, such livestock and hold and sell the same, or such part of the livestock as may be necessary, to pay all costs of the inspection, seizing, caring for, dipping, spraying, testing, or other treatment, together with cost of sale. Such sale shall be made at such time and place, and in such manner, as may be prescribed by the commissioner after not less than three days' nor more than fifteen days' notice of the time, place, and purposes of such sale has been given by the commissioner to the owner of the livestock and to each secured party holding a security interest in the subject livestock, which appears in the list of effective filings as maintained by the central filing officer pursuant to the "Central Filing of Effective Financing Statement Act", article 9.5 of title 4, C.R.S. If personal service of such notice cannot be had within the county in which the livestock are being held by the commissioner, such notice may be given either by personal service outside of such county or by advertisement in the official state livestock paper. The owner of livestock so seized and held, or any secured party holding a security interest in such livestock, which appears in the list of effective filings as maintained by the central filing officer pursuant to the "Central Filing of Effective Financing Statement Act", article 9.5 of title 4, C.R.S., at any time prior to such sale, may recover possession of the livestock upon payment to the commissioner of the amount of the costs incurred by order of the commissioner against such livestock. Any sum realized from the sale of such livestock over and above the amount of the costs actually incurred against such livestock shall be returned by the commissioner to the owner of such livestock if the owner is known or can by reasonable diligence be found. Otherwise, such surplus shall be placed in the estray fund, subject to the law in effect regarding such fund.

(8) Whenever the state veterinarian finds indications of any infectious or contagious disease among any livestock in this state and the state veterinarian is unable to determine positively the exact nature of such disease, the state veterinarian may order one of the animals so suspected slaughtered in order that a post mortem examination may be made to determine the character of the disease.

(9) Whenever the state veterinarian has good reason to believe that any disease so investigated is contagious or infectious and that such livestock are likely to communicate the disease to other livestock, the state veterinarian may at once establish a hold over such livestock and premises and may take such steps as may be deemed necessary to prevent the spread of such contagion or infection. Such hold shall be legal and binding in the same manner as a quarantine established pursuant to section 35-50-111, and any violation of such hold or order of the state veterinarian shall be considered an unlawful act pursuant to section 35-50-116.

(10) Whenever in the opinion of the state veterinarian there exists within this state a livestock disease that he or she is unable to diagnose or identify, the commissioner may call upon the veterinary department of Colorado state university to cause scientific investigation to be made to determine the exact character of such disease. Colorado state university may charge the actual and necessary direct expense of laboratory and diagnostic procedures connected therewith.
C.R.S. § 35-31-105 — CO Code / Title 35 / Article 31 / Part 1 / Section 35-31-105
35-31-105. Enforcement
Status: in_force

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. § 35-27-125 — CO Code / Title 35 / Article 27 / Section 35-27-125
35-27-125. Repeal of article - review of functions
Status: repealed

35-27-125. Repeal of article - review of functions. This article 27 is repealed, effective September 1, 2031. Before the repeal, the registration functions of the commissioner are scheduled for review in accordance with section 24-34-104.
C.R.S. § 35-42-101 — CO Code / Title 35 / Article 42 / Section 35-42-101
35-42-101. Short title
Status: in_force

35-42-101. Short title. This article shall be known and may be cited as the "Animal Protection Act".
C.R.S. § 35-9-121 — CO Code / Title 35 / Article 9 / Section 35-9-121
35-9-121. Enforcement
Status: in_force

35-9-121. Enforcement. (1) The commissioner or his designee shall enforce the provisions of this article.

(2) (a) Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.

(b) (I) At any time after service of the order to cease and desist, the person may request, at his discretion, an immediate hearing or a hearing not more than ten days, excluding Saturdays, Sundays, and legal holidays, after such request to determine whether a violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S.

(II) The registrant shall pay a penalty fee of one hundred dollars, in addition to any other assessed penalty, if the commissioner determines that the registrant has violated this article or any rule promulgated under this article after a hearing is held pursuant to subparagraph (I) of this paragraph (b).

(c) In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.

(d) No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.

(e) Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.

(3) Whenever the commissioner possesses evidence satisfactory to him that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule adopted under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
C.R.S. § 35-36-205 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-205
35-36-205. Disciplinary powers - licenses
Status: in_force

35-36-205. Disciplinary powers - licenses. (1) The commissioner may deny an application for a license, refuse to renew a license, revoke or suspend a license, or place a licensee on probation, as the case may require, if the licensee or applicant has:

(a) Violated this part 2 or section 35-36-104 or violated any of the rules promulgated by the commissioner pursuant to this article 36;

(b) Failed to place and keep the premises of the licensed business in the manner required under this part 2;

(c) Been convicted of a felony under the laws of this state, or of any other state, or of the United States; except that, in consideration of the conviction of a felony, the commissioner is governed by section 24-5-101;

(d) Committed fraud or deception in the procurement or attempted procurement of a license;

(e) With respect to a commodity handler applicant or licensee, failed or refused to execute and deliver to the commissioner a surety bond as required by section 35-36-216;

(f) Been determined by the commissioner to be in an inadequate financial position to meet liability obligations;

(g) Failed to comply with any lawful order of the commissioner concerning the administration of this part 2; or

(h) Had a license revoked, suspended, or not renewed or has been placed on probation in another state for cause, if the cause could be the basis for similar disciplinary action in this state.

(2) All proceedings concerning the denial, refusal to renew, revocation, or suspension of a license or the placing of a licensee on probation shall be conducted pursuant to article 4 of title 24.

(3) Any previous violation of this part 2 or section 35-36-104 by the applicant or any person connected with the applicant in the business for which the applicant seeks to be licensed or, in the case of a partnership or corporation applicant, any previous violations of this part 2 or section 35-36-104 by a partner, officer, director, or stockholder of more than thirty percent of the outstanding shares, is sufficient grounds for the denial of a license.
C.R.S. § 35-50-108 — CO Code / Title 35 / Article 50 / Section 35-50-108
35-50-108. Mandatory reporting
Status: in_force

35-50-108. Mandatory reporting. (1) Any person who knows or has reason to believe that any livestock that belongs to or is in the possession of such person, or any livestock upon such person's premises, has a reportable disease shall immediately report such disease to the state veterinarian.

(2) Whenever any veterinarian licensed in this state suspects a reportable disease in livestock of the state, such veterinarian shall immediately report such findings to the state veterinarian.

(3) Every licensed, accredited veterinarian making tests upon livestock for tuberculosis in this state, immediately after the tests are concluded, shall report the result of the tests of all such livestock tested to the state veterinarian.

(4) Diagnostic laboratories located within the state shall report all positive results of testing for reportable diseases.

(5) Every veterinarian licensed in this state shall report all positive results of any testing for reportable diseases.

(6) Any veterinarian who or diagnostic laboratory that reports, in good faith and in the normal course of business, disease test results pursuant to this section shall be immune from liability in any civil or criminal action brought against such veterinarian or diagnostic laboratory for reporting.
C.R.S. § 35-10-123 — CO Code / Title 35 / Article 10 / Section 35-10-123
35-10-123. Criminal penalties
Status: in_force

35-10-123. Criminal penalties. (1) No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(g), and (5).

(2) Any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(e), (1)(g), (1)(i), (1)(j), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), or (4)(a) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(3) Any person who violates any of the provisions of section 35-10-117 (1)(f), (2)(f), (2)(g), (4)(b), and (5) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
C.R.S. § 35-9-118 — CO Code / Title 35 / Article 9 / Section 35-9-118
35-9-118. Powers and duties of the commissioner - exemptions - rules
Status: repealed

35-9-118. Powers and duties of the commissioner - exemptions - rules. (1) The commissioner is authorized to administer and enforce the provisions of this article and any rules and regulations adopted pursuant thereto.

(2) The commissioner is authorized to adopt all reasonable rules for the administration and enforcement of this article, including, but not limited to:

(a) Declaring to be a pest any form of plant or animal life or virus which is injurious to plants, animals, or persons, or to land or any inanimate objects, or to the environment;

(b) Determining that certain pesticides are highly toxic to people; except that, in making this determination, the commissioner shall be guided by the criteria set forth in 40 CFR 156.62, as amended;

(c) (I) Adopting a list of restricted-use pesticides or limited-use pesticides for the state or designated areas within this state if the commissioner determines that such pesticides require rules restricting their distribution or use. The commissioner may include in the rule the time and conditions of distribution or use of such restricted-use or limited-use pesticides and may require that any such pesticide be purchased, possessed, or used only under permit of the commissioner and under his supervision. The commissioner may require all persons issued such permits to maintain records regarding the use of such pesticides.

(II) Nothing in this paragraph (c) shall require the commissioner to adopt a list of pesticides which are registered by the EPA pursuant to section 18 or 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended, or are restricted by the EPA pursuant to section 3 of said act.

(d) Determining standards for denaturing any pesticides, including, but not limited to, any arsenicals, fluorides, or fluosilicates by color, taste, odor, or form;

(e) The collection and examination of samples of pesticides or devices;

(f) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; except that, with respect to the adoption of rules or regulations concerning the transportation of pesticides or the disposal of pesticides and their containers, such rules shall be promulgated in concert with, and shall not be duplicative of, rules adopted by the department of transportation and the department of public health and environment, respectively;

(g) Restricting or prohibiting the use of certain types or sizes of containers or packages for specific pesticides; except that the commissioner shall be guided by federal regulations concerning pesticide containers;

(h) Determining labeling requirements for all pesticides required to be registered under the provisions of this article and any rules or regulations adopted pursuant thereto;

(i) Classifying or subclassifying any pesticide registration, device registration, or pesticide dealer license.

(2.5) (a) The commissioner shall expedite, to the extent practicable and efficient, the processing of applications for the issuance of a special local needs registration made pursuant to section 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended.

(b) Notwithstanding section 35-9-113 (1)(b)(IV)(D), the commissioner shall not deny registration of a pesticide product pursuant to this article for which a special local needs registration has been issued pursuant to section 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended, for the reason that a contract between a grower or grower's group and a manufacturer or seller includes contractual provisions limiting liability of the manufacturer or seller.

(3) (a) The commissioner shall promulgate rules, pursuant to article 4 of title 24, to determine the annual registration fee for each pesticide registered. For the purpose of funding the department of agriculture's state waters protection efforts, the fee must include an increment as approved by the agricultural commission in consultation with the advisory committee created in section 35-10-125, which increment, along with the remainder of the fee, shall be collected by the commissioner and transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(b) The commissioner shall promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., to determine the amount of any licensing, renewal, or penalty fee authorized under this article.

(4) The commissioner is authorized to enter into cooperative agreements with any agency or political subdivisions of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving grants-in-aid, securing uniformity of rules, and entering into reciprocal registration and licensing agreements.

(4.5) Repealed.

(5) The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

(6) The commissioner is authorized to conduct hearings required under sections 35-9-121 and 35-9-122 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the department.

(7) (a) On or before January 1, 2024, the commissioner shall adopt rules requiring neonicotinoid pesticides to be designated as limited-use pesticides.

(b) On or before July 1, 2024, the commissioner shall adopt rules requiring neonicotinoid pesticides to be sold only by dealers licensed pursuant to section 35-9-114.

(c) Subsections (7)(a) and (7)(b) of this section, and rules that the commissioner adopts pursuant to those subsections, do not apply to pesticide products containing neonicotinoid active ingredients:

(I) That are used in academic research; or

(II) For which the product label includes one or more of the following intended uses:

(A) As a pet care product;

(B) As a veterinary product used by a veterinarian licensed pursuant to article 315 of title 12 as part of the veterinarian's licensed practice;

(C) As an indoor pest control product;

(D) As a personal care product used for preventing, destroying, repelling, or mitigating lice;

(E) As a product used in structural insulation;

(F) As a preserved wood product or product used in the manufacturing of wood preservatives;

(G) As a bait product, including, but not limited to, bait station traps and scatter bait; or

(H) As an insect strip.
C.R.S. § 35-73-102 — CO Code / Title 35 / Article 73 / Section 35-73-102
35-73-102. Definitions
Status: in_force

35-73-102. Definitions. As used in this article 73, unless the context otherwise requires:

(1) "Advisory committee" means the soil health advisory committee created in section 35-73-106.

(2) "Commissioner" means the commissioner of agriculture or the commissioner's authorized agent.

(3) "Department" means the department of agriculture and includes the state agricultural commission created in section 35-1-105, the commissioner, and all employees and agents of the department.

(4) "Eligible entity" means a public, governmental, or private entity, including:

(a) An agricultural producer, a group of agricultural producers, or an agricultural producer cooperative;

(b) An Indian tribe;

(c) A nonprofit entity of a type listed in 26 U.S.C. sec. 501 (c), as amended;

(d) A charitable organization as defined in section 6-16-103 (1);

(e) An academic or a research institution or a subdivision of the institution;

(f) The United States or any corporation or agency created or designed by the United States;

(g) The state of Colorado or any of its agencies or political subdivisions, including a conservation district created under article 70 of this title 35 or a water conservancy district;

(h) An acequia ditch corporation or an unincorporated acequia ditch association, as either is described in section 7-42-101.5; and

(i) A ditch corporation as described in section 7-42-101.

(5) "Grant program" means a grant program authorized in section 35-73-104 (1)(a).

(6) "Program" means a component, including a system, grant program, or inventory or platform, of the soil health program that is authorized in section 35-73-104.

(7) "Soil health" means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans.

(8) "Soil health practices" means those practices that may contribute to soil health or apply one of the following principles that promote soil health:

(a) Maximizing soil cover;

(b) Reducing soil disturbance;

(c) Maximizing biodiversity;

(d) Maintaining a continual live plant or root in the soil; or

(e) Integrating best grazing livestock practices.

(9) "Soil health program" means the Colorado soil health program created in section 35-73-103.

(10) "State soil health inventory and platform" means a tool, including a geospatial inventory, documenting:

(a) The condition of agricultural soils;

(b) The implementation of soil health practices;

(c) The environmental and economic effects, including current and potential future carbon holding capacity of soils; or

(d) Other information that concerns soil health and that the department deems appropriate.

(11) "Underserved agricultural producer" means an agricultural producer with limited resources, a beginning producer, or other types of underserved agricultural producers as determined by the advisory committee.
C.R.S. § 35-65-113 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-113
35-65-113. County fairgrounds - appropriation
Status: in_force

35-65-113. County fairgrounds - appropriation. The board of county commissioners of each county in this state has the power each year to appropriate from the county general fund such money as may be necessary for the purpose of purchasing, leasing, and improving the fairgrounds mentioned in sections 35-65-111 and 35-65-112.
C.R.S. § 35-36-313 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-313
35-36-313. Unlawful acts - definition
Status: in_force

35-36-313. Unlawful acts - definition. (1) It is unlawful and a violation of this part 3 for any person to:

(a) Make fraudulent charges or returns for the handling, sale, or storage or for the rendering of any service in connection with the handling, sale, or storage of farm products. Violation of this subsection (1)(a) is a class 6 felony.

(b) Willfully fail or refuse to render a true account of sales or storage or to make a settlement on sales or storage or to pay for farm products received within the time and in the manner required by this part 3. Violation of this subsection (1)(b) is a class 6 felony.

(c) Intentionally make false or misleading statements as to the market conditions for farm products or false or misleading statements as to the condition, quality, or quantity of farm products received, handled, sold, or stored. Violation of this subsection (1)(c) is a class 6 felony.

(d) Engage in fictitious sales, in collusion, or in unfair practices to defraud the owners. Violation of this subsection (1)(d) is a class 6 felony.

(e) Act as a dealer, small-volume dealer, or agent without having obtained a license or act as a dealer without having filed a surety bond or an irrevocable letter of credit, as provided in this part 3. Violation of this subsection (1)(e) is a class 6 felony.

(f) Willfully convert to the person's own use or benefit the farm products of another. Violation of this subsection (1)(f) is theft, as defined in section 18-4-401.

(g) Commit fraud or deception in the procurement or attempted procurement of a license. Violation of this subsection (1)(g) is a class 2 misdemeanor.

(h) Fail to comply with a lawful order of the commissioner concerning the administration of this part 3. Violation of this subsection (1)(h) is a class 2 misdemeanor.

(i) Interfere with or hinder an authorized representative of the commissioner while performing the authorized representative's duties under this part 3. Violation of this subsection (1)(i) is a class 2 misdemeanor.

(j) If licensed as a dealer or small-volume dealer, sell farm products for less than the current market price to any person with whom the dealer has a financial connection, directly or indirectly, either as an owner of the corporate stock of a corporation, as a copartner, or in any other capacity, or sell any farm products out of the purchase price of which the dealer or small-volume dealer receives, directly or indirectly, a portion of the purchase price other than the commission allowed in section 35-36-310. Violation of this subsection (1)(j) is theft, as defined in section 18-4-401.

(k) Act as a dealer, small-volume dealer, or agent and, with intent to defraud, make, draw, utter, or deliver a check, draft, or order for the payment of money upon any bank or other depository to the owner for the purchase price of any farm products or any part of the farm products upon obtaining possession or control of the farm products, when at the time of the making, drawing, uttering, or delivery the maker or drawer has insufficient funds in or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. The making, drawing, uttering, or delivery of the check, draft, or order is prima facie evidence of an intent to defraud. "Credit", as used in this subsection (1)(k), means an arrangement or understanding with the bank or depository for the payment of the check, draft, or order. Violation of this subsection (1)(k) is fraud by check, as defined in section 18-5-205.

(l) If acting as a dealer who has signed an affidavit in accordance with section 35-36-303 (1)(a)(I), fail to make payment in cash or by one of the other means specified in section 35-36-304 (1)(c) for any transaction without first complying with the bonding requirements of section 35-36-304. Violation of this subsection (1)(l) is a class 2 misdemeanor.

(m) If licensed as a small-volume dealer, purchase twenty thousand dollars' worth or more of farm products in one year from the owner for processing or resale. Violation of this subsection (1)(m) is a class 2 misdemeanor.
C.R.S. § 35-57-108 — CO Code / Title 35 / Article 57 / Section 35-57-108
35-57-108. Declaring office of member vacant
Status: in_force

35-57-108. Declaring office of member vacant. The governor shall immediately declare the office of any member of the board vacant whenever the governor finds that: The member no longer is actively engaged in the type of beef or dairy production or business the member was engaged in at the time of the member's appointment; the member has become a resident of another state; the member is unable to perform the duties of the office.
C.R.S. § 35-50-119 — CO Code / Title 35 / Article 50 / Section 35-50-119
35-50-119. Criminal penalties
Status: in_force

35-50-119. Criminal penalties. (1) Except as set forth in subsection (2) of this section, any person, firm, partnership, association, or corporation, and any officer or agent thereof, who violates any of the provisions of this article 50 or any lawful order or rule of the commissioner commits a class 2 misdemeanor.

(2) A person who moves or causes to be moved any single head or any herd of cattle, horses, sheep, goats, swine, poultry, or other livestock from a hold or quarantined area in violation of a hold or quarantine order or who knowingly or unlawfully introduces a reportable disease into the state commits a class 1 misdemeanor and, upon conviction thereof, shall be punished pursuant to title 18. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.
C.R.S. § 35-41-104 — CO Code / Title 35 / Article 41 / Section 35-41-104
35-41-104. Board's authority to impose fees and charges - rules
Status: in_force

35-41-104. Board's authority to impose fees and charges - rules. (1) Bovine livestock. (a) The board is hereby authorized to levy and collect, through authorized brand inspectors, a per-head inspection fee in an amount determined by the board by rule on all bovine livestock inspected; except that the charges for livestock shipped directly to a licensed slaughter plant are as follows: For the first five hundred head per owner per certificate, two cents below the set inspection fee, and for over five hundred head per owner per certificate, five cents below the set inspection fee. Such sliding scale charges shall take effect at such time as the set inspection fee exceeds thirty-four cents. The inspection fee established pursuant to this paragraph (a) shall apply when any bovine livestock are being consigned to a Colorado-licensed public livestock market.

(b) In addition, the board is authorized to levy and collect, through authorized brand inspectors, a minimum fee in an amount determined by the board by rule from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law; except that, when cattle that are owned by more than one person are inspected at one site, only one such minimum fee shall be collected. The minimum fee shall be due and payable to the inspector when the inspector arrives at the designated inspection point, whether or not an inspection of the livestock actually takes place.

(1.5) Equine livestock. (a) The board is hereby authorized to levy and collect, through authorized brand inspectors, a per-head inspection fee in an amount determined by the board by rule on all equine livestock inspected. The inspection fee established pursuant to this paragraph (a) shall apply when any equine livestock are being consigned to a Colorado-licensed public livestock market.

(b) In addition, the board is authorized to levy and collect, through authorized brand inspectors, a minimum fee in an amount determined by the board by rule from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law. The minimum fee shall be due and payable to the inspector when the inspector arrives at the designated inspection point, whether or not an inspection of the livestock actually takes place.

(2) It is the duty of all authorized Colorado brand inspectors to inspect all livestock, except such as are exempt by law, that are offered for sale or to be moved interstate or intrastate and to collect the fees established pursuant to subsections (1) and (1.5) of this section. The board shall determine the amount of the fees that shall be collected by authorized brand inspectors from the owner or person in charge of said livestock before issuing a certificate of brand inspection granting leave to the owner or person in charge to offer the brand inspected livestock for sale or movement interstate or intrastate. The fees so collected shall be reported and transmitted to the board at such time and in such manner as the board shall by rule require.

(3) Inspection fees as authorized in subsections (1) and (1.5) of this section shall be collected by brand inspectors from the owners or persons in charge of said livestock before issuing any certificate when:

(a) Brand inspection is required by law;

(b) Livestock are being consigned for sale at a Colorado licensed public livestock market in accordance with section 35-55-112;

(c) Livestock are consigned for slaughter to a custom meat processor licensed by the Colorado department of agriculture or a packing plant licensed by the United States department of agriculture;

(d) Livestock are offered for sale in accordance with section 35-53-105;

(e) Livestock are moved within Colorado or to another state, except as exempted by law;

(f) Livestock are being moved from pasture before being placed in a feedlot, in accordance with section 35-53-125.

(4) Minimum fee when inspection required by law - bovine livestock. A minimum fee in an amount determined by the board by rule shall be collected from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law; except that, when bovine livestock owned by more than one person are inspected at one site, only one minimum fee shall be collected. No minimum fee shall be required when bovine livestock are consigned for sale at a Colorado-licensed public livestock market.

(4.5) Minimum fee when inspection required by law - equine livestock. A minimum fee in an amount determined by the board by rule shall be collected from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law. No minimum fee shall be required when equine livestock are consigned for sale at a Colorado-licensed public livestock market.

(5) In addition to the brand inspection fee, a Colorado beef board fee up to and not in excess of one dollar per head or the amount assessed pursuant to the beef promotion and research order, 7 CFR 1260.172, as amended, whichever is greater, shall be collected on cattle and calves as a part of the brand inspection made on such animals under the same authority, at the same time and place, in the same manner, and upon the same animals which are subject to brand inspection and a brand inspection fee, except:

(a) When cattle and calves are being moved in excess of seventy-five land miles within the state for grazing purposes if no change in ownership is involved; or

(b) When any unbranded or freshly branded calves are inspected with their mothers as provided in section 35-43-129 and no change in ownership is involved; or

(c) When cattle are placed in a feedlot with no change in ownership, or when rodeo competition cattle are inspected at the headquarters ranch before the beginning of rodeo season and the cattle will not leave the state.

(6) In the case of unbranded or freshly branded calves inspected with their mothers in compliance with section 35-43-129, in addition to the inspection fee for each calf inspected, mileage expense allowed by section 35-43-129 shall also be collected.

(7) An inspection fee in an amount determined by the board by rule shall be collected for each hide inspected as provided in section 35-53-115.

(8) The board shall determine, and publish in its rules, which inspection fees can be carried on an accounts receivable basis. No such account shall be carried for a period that exceeds one month.

(9) The board shall have the authority to impose a mileage charge when brand inspection is required for investigations of estrays, investigations of theft, and other duties deemed necessary by statute or the board. The charge per mile shall be the amount allowed state officers and employees pursuant to section 24-9-104, C.R.S.

(10) In addition to the brand inspection fee authorized by this section, the assessment determined by the board of directors of the Colorado horse development authority pursuant to section 35-57.8-109 shall be collected on horses as a part of the brand inspection made on horses under the same authority, at the same time and place, in the same manner, and on the same horses that are subject to brand inspection and brand inspection fees.

(11) Any rule adopted by the board to determine the amount of a fee authorized by this title shall be subject to article 4 of title 24, C.R.S.; except that:

(a) The board shall provide the livestock industry with thirty days' notice of any fee change proposal and of the date and location of an informational meeting at which the changes shall be discussed;

(b) At or after the next regularly scheduled board meeting after such informational meeting, the board may set the fees; and

(c) The fee change shall take effect at least ninety days after the board sets the fees.
C.R.S. § 35-53.5-114 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-114
35-53.5-114. Estrays - stolen livestock - board to assist recovery
Status: in_force

35-53.5-114. Estrays - stolen livestock - board to assist recovery. (1) The board shall assist the owner of any certified feedlot that, as legal purchaser, has inadvertently received an estray or stolen animal on any shipment received. Stolen livestock found at any inspection location shall be handled in accordance with section 18-4-405, C.R.S.

(2) Animals found to be of questionable title shall be handled as estrays until clear and legal title has been established. At the time of entry into a certified feedlot, the officiating inspector shall notify the owner of the feedlot of any estrays or animals of questionable title and assist in clarifying title wherever possible.
C.R.S. § 35-13-103 — CO Code / Title 35 / Article 13 / Section 35-13-103
35-13-103. Commissioner to promulgate rules
Status: in_force

35-13-103. Commissioner to promulgate rules. The commissioner shall, in addition to other relevant criteria, use as a guide to make, promulgate, and enforce rules setting forth minimum general safety standards covering the design, construction, location, installation, and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of anhydrous ammonia fertilizer such standards as provided in American national standards institute standard K61.1-1999, or subsequent revisions thereof. Said rules shall be as are reasonably necessary for the protection of the safety of the public and persons using such materials and shall be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. Such rules shall be adopted by the commissioner only after a public hearing thereon.
C.R.S. § 35-9-113 — CO Code / Title 35 / Article 9 / Section 35-9-113
35-9-113. Misbranded
Status: in_force

35-9-113. Misbranded. (1) The term "misbranded" shall apply:

(a) To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(b) To any pesticide:

(I) If it is an imitation of or is offered for sale under the name of another pesticide;

(II) If its labeling bears any reference to registration under the provisions of this article unless such reference is required by this article or rules or regulations adopted pursuant thereto;

(III) If any word, statement, or other information required by this article or rules adopted under this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(IV) If the label does not bear:

(A) The name and address of the manufacturer, registrant, or person for whom manufactured;

(B) The name, brand, or trademark under which the pesticide is sold;

(C) An ingredient statement on that part of the immediate container of the retail package which is presented or displayed under customary conditions of purchase and on the outside container or wrapper thereof, if there is one and if the ingredient statement on the immediate container cannot be clearly read through such outside container or wrapper; except that the commissioner may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;

(D) Directions for use and a warning or caution statement which are necessary and, if complied with, adequate to protect the public and to prevent injury to the public, including living people, useful vertebrate animals, useful vegetation, useful invertebrate animals, wildlife, and land;

(E) The weight or measure of the content, subject to the provisions of article 14 of this title; and

(F) Any registration number or establishment number issued by the EPA;

(V) If the pesticide contains any substance or substances in quantities highly toxic to people, unless the label bears, in addition to any other matter required by this article:

(A) The skull and crossbones;

(B) The word "poison" prominently in red on a background of distinctly contrasting color; and

(C) A statement of a practical treatment in case of poisoning by the pesticide;

(VI) If the pesticide container does not bear a label or if the label does not contain all the information required by this article or rules adopted pursuant thereto.
C.R.S. § 35-25-102 — CO Code / Title 35 / Article 25 / Section 35-25-102
35-25-102. Definitions
Status: repealed

35-25-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Advisory committee" means that committee appointed by the commissioner pursuant to the provisions of section 35-25-104.

(1.5) Repealed.

(2) "Apiary" or "beeyard" means a hive or hives of bees in close proximity to one another.

(2.5) Repealed.

(3) "Beekeeper" means any person producing or causing to be produced bees or bee products.

(4) "Bees" means honey-producing insects of the genus apis, including all life stages.

(5) "Beeswax" means the wax produced by the honeybee.

(6) Repealed.

(7) "Brood" means bees in any stage of development preceding emergence as adults.

(8) "Certificate of inspection" means a document issued by the commissioner indicating the health conditions of the colony or apiary.

(9) "Colony" means one group of bees established in a place acceptable to said bees for the rearing of young and the storage of honey.

(10) "Comb" means any structure acceptable to bees for the storage of honey and pollen and the rearing of brood.

(11) "Commissioner" means the commissioner of agriculture.

(12) "Contagious disease" means any disease produced by disease agents or parasitic agents to bees or beekeepers which shall be determined by the commissioner as being hazardous to the beekeeping industry in this state.

(13) "Entry permit" means a document issued by the commissioner permitting entry of bees, equipment, or appliances into the state of Colorado, accompanied by a health certificate from the originating state indicating the number of colonies and county of destination.

(14) "Equipment" means any object that is attached to or made a part of a hive.

(15) "Frame" means any device designed to receive single sheets of wax foundation and in which bees are encouraged to draw comb.

(16) "Hive" means any structure containing bees and designed to receive movable frames of comb.

(16.5) to (18) Repealed.

(19) "Person" means any body politic, individual, partnership, association, corporation, company, joint stock association, or organized group of persons whether incorporated or not and includes any trustee, receiver, or assignee. "Body politic" means any agency of this state or of the federal government or any unit of local government including any county, city, town, school district, local improvement or service district, special district, or other governmental unit having authority under the law to tax or impose assessments, including special assessments.
C.R.S. § 35-36-309 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-309
35-36-309. Records of small-volume dealers
Status: in_force

35-36-309. Records of small-volume dealers. Each small-volume dealer shall maintain records of all aspects of each purchase of farm products in the form and manner required by the commissioner.
C.R.S. § 35-57.5-114 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-114
35-57.5-114. Acceptance of grants and gifts
Status: in_force

35-57.5-114. Acceptance of grants and gifts. The board may accept grants, donations, contributions, or gifts from any source for expenditures in connection with any purpose consistent with the powers conferred on the board.
C.R.S. § 35-11.5-112 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-112
35-11.5-112. Civil penalties
Status: repealed

35-11.5-112. Civil penalties. (Repealed)
C.R.S. § 35-52-103 — CO Code / Title 35 / Article 52 / Section 35-52-103
35-52-103. Cars must be disinfected
Status: repealed

35-52-103. Cars must be disinfected. (Repealed)
C.R.S. § 35-70-121 — CO Code / Title 35 / Article 70 / Section 35-70-121
35-70-121. Cooperation between districts
Status: in_force

35-70-121. Cooperation between districts. Whenever, by reason of location, similarity of problems, and need for mutual assistance, the purpose of this article may be more economically, completely, and satisfactorily performed and accomplished thereby, two or more conservation districts may cooperate with each other by the joint exercise of the powers granted in section 35-70-108. The nature and extent of such cooperation and the duties and obligations of and benefits to the respective cooperating districts and interests in property that may be jointly acquired and used shall be determined by contract to be entered into between or among the cooperating districts, subject to the bylaws adopted by each of such districts and to the direction of the qualified voters at any regular or regularly called special meeting of each such district.
C.R.S. § 35-33-205 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-205
35-33-205. Repeal of part
Status: repealed

35-33-205. Repeal of part. (Repealed)
C.R.S. § 35-3-103 — CO Code / Title 35 / Article 3 / Section 35-3-103
35-3-103. Definitions
Status: in_force

35-3-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Other states of the United States" includes Puerto Rico.

(2) "Person" includes an individual, corporation, partnership, firm, business trust, joint stock company, association, syndicate, group, pool, joint venture, and any other unincorporated association or group.
C.R.S. § 35-53-114 — CO Code / Title 35 / Article 53 / Section 35-53-114
35-53-114. Inspector may refuse certificate
Status: in_force

35-53-114. Inspector may refuse certificate. If any duly authorized inspector finds any livestock, or the carcasses thereof, in the possession of any person, firm, or corporation desiring to transport the same by motor or other vehicle and said person, firm, or corporation in charge of said livestock, or the carcasses thereof, is not in possession of a bill of sale duly executed or cannot furnish other satisfactory proof that said person, firm, or corporation is the lawful owner of said livestock, or the carcasses thereof, or if said inspector has good reason to believe that said livestock, or said carcasses, or any of them, are stolen, said inspector shall refuse to issue the certificate authorized in section 35-53-102 authorizing the transportation of said livestock, or the carcasses thereof, by motor or other vehicle and shall take possession of the same.
C.R.S. § 35-42-110 — CO Code / Title 35 / Article 42 / Section 35-42-110
35-42-110. Injured animals may be euthanized
Status: in_force

35-42-110. Injured animals may be euthanized. Any agent of the bureau or peace officer, as described in section 16-2.5-101, C.R.S., may lawfully euthanize or cause to be euthanized, as defined in section 18-9-201 (2.7), C.R.S., any animal in his or her charge when, in the judgment of such agent or peace officer, and in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery. In the event a licensed veterinarian is not available, the animal may be euthanized if, by the written certificate of two persons, one of whom may be selected by the owner if the owner so requests, called to view the animal in the presence of the agent, the animal appears to be severely injured past recovery, severely disabled past recovery, severely diseased past recovery, or unfit for any useful purpose.