C.R.S. § 35-41-101 — CO Code / Title 35 / Article 41 / Section 35-41-101
35-41-101. State board of stock inspection commissioners - creation - brand commissioner -
Status: in_force

35-41-101. State board of stock inspection commissioners - creation - brand commissioner - enterprise - bonds. (1) There is created the state board of stock inspection commissioners, composed of five commissioners who shall be appointed by the governor, all of whom shall be actively engaged in the production or feeding of cattle, horses, or sheep, with the consent of the senate. Two of the members shall represent the nonconfinement cattle industry; two of the members shall represent the confinement cattle industry; and one shall have broad general knowledge of the Colorado livestock industry and shall represent the commodity, other than the confinement and nonconfinement cattle industries, with the largest percentage of charged fees. The members of the board shall be appointed in such manner as will at all times represent as nearly as possible all sections of the state wherein livestock is a major activity, but at no time shall any two members be residents of the same particular section of the state. The term of office of the commissioners is four years. Members may be removed for cause by the governor. They serve without compensation but are entitled to reimbursement for actual and necessary traveling expenses. The board shall meet monthly unless, in case of emergency, a special meeting is deemed advisable.

(2) The board shall appoint a brand commissioner who shall be under its supervision and who, in the absence of the board, shall carry out its policies. The brand commissioner shall be subject to the state personnel system laws. His compensation shall be paid out of the brand inspection fund. The brand commissioner, certified by the state personnel director to his position on April 27, 1963, shall continue in such certified status as provided by law.

(3) The board shall make such rules and regulations, not inconsistent with law, concerning the manner of inspection of brands and livestock as it deems proper.

(4) The state board of stock inspection commissioners and the office of brand commissioner created in this section are part of the division of brand inspection in the department of agriculture. The state board of stock inspection commissioners and the office of brand commissioner are type 1 entities, as defined in section 24-1-105.

(5) (a) The division and the board shall constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as the board retains the authority to issue revenue bonds and the board and the division receive less than ten percent of their total annual revenues in grants, as defined in section 24-77-102 (7), C.R.S., from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this section, the division and the board shall not be subject to any of the limitations imposed by section 20 of article X of the state constitution.

(b) The enterprise created pursuant to this section shall have all the powers and duties authorized by this title with regard to the board and the division.

(c) Nothing in this section shall be construed to limit or restrict the authority of the division to expend its revenues consistent with the provisions of this article and articles 41.5, 43, 44, 46, 47, 53, 53.5, 55, 57, and 57.8 of this title.

(6) (a) The board may, by resolution that meets the requirements of subsection (7) of this section, authorize and issue revenue bonds in an amount not to exceed ten million dollars in the aggregate for expenses of the division. The bonds may be issued only after approval by both chambers of the general assembly, acting either by bill or by joint resolution, and after approval by the governor in accordance with section 39 of article V of the state constitution. The bonds shall be payable only from moneys allocated to the division for expenses of the division pursuant to section 35-41-102.

(b) All bonds issued by the board shall specify that:

(I) No holder of any bonds may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and

(II) The bonds do not constitute a debt or financial obligation of the state and are payable only from the net revenues allocated to the division for expenses as designated in the bonds.

(7) (a) A resolution authorizing the issuance of bonds under the terms of this section shall state:

(I) The date of issuance of the bonds;

(II) A maturity date or dates during a period not to exceed thirty years after the date of issuance of the bonds;

(III) The interest rate or rates on, and the denomination or denominations of, the bonds; and

(IV) The medium of payment of the bonds and the place where the bonds will be paid.

(b) A resolution authorizing the issuance of bonds under the terms of this section may:

(I) State that the bonds are to be issued in one or more series;

(II) State a rank or priority of the bonds; and

(III) Provide for redemption of the bonds prior to maturity, with or without premium.

(8) Bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the board shall advertise the sale in any manner the board deems appropriate. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery.

(9) Notwithstanding any provision of law to the contrary, all bonds issued pursuant to this section are negotiable.

(10) (a) A resolution pertaining to issuance of bonds under this section may contain covenants as to:

(I) The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof;

(II) Such matters as are customary in the issuance of revenue bonds, including, without limitation, the issuance and lien position of other or additional bonds; and

(III) Books of account and the inspection and audit thereof.

(b) A resolution made pursuant to this section shall be deemed a contract with the holders of the bonds, and the duties of the board under the resolution shall be enforceable by any appropriate action in a court of competent jurisdiction.

(11) Bonds issued under this section and bearing the signatures of the board members in office on the date of the signing shall be deemed valid and binding obligations regardless of whether, prior to delivery and payment of the bonds, any or all of the persons whose signatures appear thereon have ceased to be members of the board.

(12) (a) Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor. The board may provide for preferential security for any bonds, both principal and interest, to be issued under this section to the extent deemed feasible and desirable by the board over any bonds that may be issued thereafter.

(b) Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.
C.R.S. § 35-75-106 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-106
35-75-106. Meetings of board - quorum - expenses
Status: in_force

35-75-106. Meetings of board - quorum - expenses. (1) Four members of the board shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the board upon the affirmative vote of at least four of its members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.

(2) Each meeting of the board for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted, but resolutions and all proceedings and other acts of the board shall be a public record.

(3) Members of the board shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling and lodging expenses, incurred in the discharge of their official duties. Any payments for compensation and expenses shall be paid from funds of the authority.
C.R.S. § 35-7-115 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-115
35-7-115. Enforcing collection - hearing
Status: in_force

35-7-115. Enforcing collection - hearing. Upon payment by any county of any such bill of expenses so charged against any landowner, lessee, or contract holder, the board of county commissioners shall make demand and notice in writing, upon such landowner, lessee, or contract holder, in person or by mail addressed to him or her at his or her last-known place of residence twenty days prior to the published meeting date, for reimbursement to the county in the amount of such expenses. Such written notice shall inform such person that he or she may appear before the board on the published meeting date and be heard as to the amount and accuracy of the claim. If such claim, as originally demanded by the board or as adjusted upon the hearing, is not paid, then, in the case of a private landowner, the board of county commissioners shall certify the claim to the county assessor who shall add the amount thereof to any taxes due or to become due upon his or her lands, and said lands shall be sold for the satisfaction thereof at the same time and in the same manner as is provided by law for the sale of real estate for delinquent taxes. In cases where such accounts are payable by a lessee or contract holder, suit may be maintained in behalf of the county in any court of competent jurisdiction for the recovery of such accounts and costs of suit. All such accounts when collected by the county shall be paid into the general fund thereof or into the fund used by the county to meet its obligations under this part 1.
C.R.S. § 35-52-101 — CO Code / Title 35 / Article 52 / Section 35-52-101
35-52-101. Definitions
Status: in_force

35-52-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Garbage" means all refuse, animal or vegetable, and includes all waste material, by-products of a kitchen, restaurant, hospital, hotel, or slaughterhouse, and every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, but excludes such vegetable products as leaves and tops of vegetable plants which have not been mixed with or exposed to or which do not contain any other garbage or waste product prior to feeding to swine.
C.R.S. § 35-29-109 — CO Code / Title 35 / Article 29 / Section 35-29-109
35-29-109. Penalties
Status: in_force

35-29-109. Penalties. Any person violating any of the provisions of this article 29 commits a petty offense.
C.R.S. § 35-9-109 — CO Code / Title 35 / Article 9 / Section 35-9-109
35-9-109. Confidentiality of inert ingredients
Status: in_force

35-9-109. Confidentiality of inert ingredients. (1) Except as provided by this section, no inert ingredient information required by section 35-9-107 (1)(d) shall be released to any person by the commissioner.

(2) A registrant may authorize the commissioner to disclose any inert ingredient information required by section 35-9-107 by filing a signed authorization for release of information with the commissioner.

(3) When a treating physician or the poison control service provider selected pursuant to section 25-32-105, C.R.S., determines that a medical emergency exists and information submitted to the commissioner concerning inert ingredients pursuant to section 35-9-107 (1)(d) is necessary for emergency or first-aid treatment, the commissioner may immediately disclose the information necessary to that treating physician or to such poison control service provider. The commissioner shall require such treating physician or such poison control service provider to submit to the commissioner a statement of need for the information and a confidentiality agreement, in the form and manner the commissioner shall designate, as soon as circumstances permit.

(4) If the treating physician or the poison control service provider, after receiving confidential information regarding a pesticide, determines that there is a need to disclose the information to another health professional, including a physician or a toxicologist, due to an immediate health emergency, whether public or individual, the treating physician or the poison control service provider shall so inform the commissioner. The commissioner shall require confidentiality from any such health professional to whom the confidential information is disclosed.
C.R.S. § 35-43-126 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-126
35-43-126. Dog worrying stock
Status: in_force

35-43-126. Dog worrying stock. Any dog found running, worrying, or injuring sheep, cattle, or other livestock may be killed, and the owner or harborer of such dog shall be liable for all damages done by it.
C.R.S. § 35-5.5-105 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-105
35-5.5-105. Noxious weed management - powers of county commissioners
Status: in_force

35-5.5-105. Noxious weed management - powers of county commissioners. (1) The board of county commissioners of each county in the state shall adopt a noxious weed management plan for all of the unincorporated lands within the county. A noxious weed management plan must include all of the requirements and duties imposed by this article 5.5. Guidelines may be included that address no pesticide noxious weed management plans. In addition to and not in limitation of the powers delegated to boards of county commissioners in section 30-11-107, article 15 of title 30, article 5 of this title 35, and elsewhere as provided by law, the board of county commissioners may adopt and provide for the enforcement, including the assessment and collection of fines, of ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce a noxious weed management plan and otherwise provide for the management of noxious weeds within the county, subject to the following limitation: A county ordinance, rule, resolution, other regulation, or exercise of power pursuant to this article 5.5 does not apply within the corporate limits of any incorporated municipality or to any municipal service, function, facility, or property, whether owned by or leased to the incorporated municipality outside the municipal boundaries, unless the county and municipality agree otherwise pursuant to part 2 of article 1 of title 29 or article 20 of title 29.

(2) (a) The board of county commissioners shall provide for the administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation. Costs associated with the administration of the noxious weed management plan shall be paid from the noxious weed management fund of each county.

(b) Subject to the direction of the board of county commissioners, an agent of the county appointed or employed under this subsection (2) may exercise the powers and duties granted to, and perform the duties of, a county pest inspector in accordance with articles 4 and 5 of this title.

(3) The board of county commissioners may cooperate with other counties and municipalities for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.
C.R.S. § 35-61-110.3 — CO Code / Title 35 / Article 61 / Section 35-61-110.3
35-61-110.3. Cross-pollination - working group - reporting - repeal
Status: repealed

35-61-110.3. Cross-pollination - working group - reporting - repeal. (Repealed)
C.R.S. § 35-72-104 — CO Code / Title 35 / Article 72 / Section 35-72-104
35-72-104. Action by department of agriculture
Status: repealed

35-72-104. Action by department of agriculture. (Repealed)
C.R.S. § 35-53-102 — CO Code / Title 35 / Article 53 / Section 35-53-102
35-53-102. Duties of brand inspector
Status: in_force

35-53-102. Duties of brand inspector. It is the duty of the brand inspector, who shall be notified as provided in section 35-53-105, or shall be selected by the board of stock inspection commissioners, to inspect the brands and earmarks of any cattle, horses, or mules to be transported by rail, truck, or other conveyance from any point within this state to any point within or without the state or to be driven out of the state, and to make a report to the state board of stock inspection commissioners, which he shall certify to as correct, of the result of such inspection at least once every thirty days or oftener if in the opinion of the board of stock inspection commissioners it is necessary to do so. It is also the duty of said brand inspector to furnish to any person, firm, association, or corporation, or any agents, servants, or employees thereof, having cattle, horses, or mules destined to be so shipped or driven, a certificate to the effect that he has duly inspected the brands and earmarks of any such cattle, horses, or mules enumerated and designated in the notice furnished such brand inspector.
C.R.S. § 35-28-122 — CO Code / Title 35 / Article 28 / Section 35-28-122
35-28-122. Application of article
Status: in_force

35-28-122. Application of article. The provisions of this article shall not be applicable to retailers of agricultural commodities except to the extent that any retailer also engaged in the processing or distribution of agricultural commodities as defined in this article; but all persons acting as producers, handlers, processors, or distributors shall conform with all the provisions of any applicable marketing order, marketing agreement, or regulations issued pursuant to this law before shipping or causing to be shipped any agricultural commodity.
C.R.S. § 35-43-120 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-120
35-43-120. Trespassing on lands - injuring resident - penalty
Status: in_force

35-43-120. Trespassing on lands - injuring resident - penalty. (1) It is the duty of any person owning or having charge of any drove of cattle, horses, or sheep, who when driving the same into or through any county of Colorado of which the owner is not a resident or landowner and where the land in such county is occupied and improved by settlers and ranchers, to prevent the same from mixing with the cattle, horses, or sheep belonging to the actual settlers and also to prevent said drove of cattle, horses, or sheep from trespassing on such land as may be the property or in the possession of the actual settler and used by him for the grazing of animals or the growing of hay or other crops or from doing injury to ditches.

(2) Any owner or person in charge of any such drove of stock who willfully injures any resident of the state by driving such drove of stock from the public highway and herding the same is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. The owner or person in charge of the drove so trespassing shall be liable for the damages done to the settler.
C.R.S. § 35-27-112 — CO Code / Title 35 / Article 27 / Section 35-27-112
35-27-112. Record-keeping requirements
Status: in_force

35-27-112. Record-keeping requirements. Every person acting as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state registered pursuant to this article shall keep and maintain certain records. Records shall be maintained as specified by the commissioner for a period of two years at the registrant's address. Records required pursuant to this section shall be in addition to any record kept pursuant to section 35-27-110.
C.R.S. § 35-80-112.5 — CO Code / Title 35 / Article 80 / Section 35-80-112.5
35-80-112.5. Denial of license - animal cruelty or animal fighting conviction
Status: in_force

35-80-112.5. Denial of license - animal cruelty or animal fighting conviction. (1) The commissioner, pursuant to article 4 of title 24, C.R.S., may deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee, or any principal, officer, director, manager, or other person who has or would have substantial control or authority over the licensee or over its daily operations, has been convicted of cruelty to animals pursuant to section 18-9-202 (1)(a) or (1.5)(a), C.R.S., or any similar statute of any other state.

(2) Notwithstanding subsection (1) of this section, the commissioner, pursuant to article 4 of title 24, C.R.S., shall deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee, or any principal, officer, director, manager, or other person who has or would have substantial control or authority over the licensee or over its daily operations, has been convicted, at any time, of:

(a) Animal fighting pursuant to section 18-9-204, C.R.S., or any similar statute of any other state;

(b) Aggravated cruelty to animals pursuant to section 18-9-202 (1.5)(b), C.R.S., or any similar statute of any other state; or

(c) A second or subsequent conviction of cruelty to animals pursuant to section 18-9-202 (1)(a) or (1.5)(a), C.R.S., or any similar statute of any other state.
C.R.S. § 35-21-104 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-104
35-21-104. Licenses - application - fees - rules
Status: repealed

35-21-104. Licenses - application - fees - rules. (1) Every person selling poultry eggs or other eggs within this state shall obtain from the department a dealer's license for each place where the business is conducted. A license is not transferable. The license expires and may be renewed in accordance with rules promulgated by the commissioner. No reduction of license fee may be made for a fractional part of a year.

(2) (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.)

(3) An application for a license shall state:

(a) The name of the applicant;

(b) If the applicant is a firm, the names of its members;

(c) If the applicant is a corporation, the names of its officers;

(d) The location of the business;

(e) The telephone number of the business;

(f) Any ownership information concerning the application that the commissioner may require; and

(g) Any contact information that the commissioner may require.

(4) (a) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 223, § 5, effective July 1, 2009.)

(b) (I) The license categories shall be established by rule by the commissioner based on the average number of cases of poultry eggs (thirty dozen per case) or other eggs sold per week during the previous twelve months.

(II) The commission may establish a late fee for a license renewed after it has expired.

(III) Fees for each license category shall be as established by the commission.

(IV) The applicant for a license shall keep such records as may be necessary to indicate accurately the quantity of poultry eggs or other eggs sold per week during the year and shall allow the commissioner to examine these records in determining the quantity of poultry eggs or other eggs sold. A licensee shall retain the records of quantity sold for two years.

(c) and (d) (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.)

(e) Repealed.

(f) to (i) (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.)

(j) For the fiscal year commencing on July 1, 2007, and for each subsequent fiscal year, the agricultural commission shall establish a fee schedule to cover all of the direct and indirect costs of administering and enforcing this part 1.

(5) All license fees shall be deposited with the state treasurer and credited to the inspection and consumer services cash fund created in section 35-1-106.5.
C.R.S. § 35-57-106 — CO Code / Title 35 / Article 57 / Section 35-57-106
35-57-106. Qualifications of members
Status: in_force

35-57-106. Qualifications of members. (1) Each member of the board shall have the following qualifications which shall continue during the member's term of office:

(a) Each shall be a citizen of the United States.

(b) Each shall be a bona fide resident of the state of Colorado.

(c) Each shall demonstrate through membership in a producers' organization, or an organization representing this type of production or business, or public service or otherwise, an active interest in the development of the beef industry of Colorado.

(d) Each shall be actively engaged in the type of production or business which the member will represent on the board for a period of at least five years and shall derive a substantial proportion of such member's income from that type of production or business. Each shall be a contributor to the Colorado beef board.

(e) No more than one-half of the board shall be affiliated with one political party.
C.R.S. § 35-27.3-111 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-111
35-27.3-111. Seed potato cash fund - created
Status: in_force

35-27.3-111. Seed potato cash fund - created. All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the seed potato cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall remain in the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. In addition to any appropriation from the general fund, the general assembly shall make annual appropriations from the seed potato cash fund to the department to carry out the purposes of this article.
C.R.S. § 35-50-106 — CO Code / Title 35 / Article 50 / Section 35-50-106
35-50-106. Veterinary vaccine and service fund - expenditures - rules
Status: in_force

35-50-106. Veterinary vaccine and service fund - expenditures - rules. (1) The commissioner may promulgate such rules as are necessary to establish a fund into which the proceeds from the sale of supplies and services shall be deposited. The proceeds from this fund are specifically and continuously appropriated for personnel necessary to carry out the provisions of this article, the purchase of supplies and such other laboratory expenses, and incidental expenses, including travel directly incidental to the infectious or contagious disease control and eradication program, as may be determined by the commissioner.

(2) The moneys in the veterinary vaccine and service fund shall not be transferred or revert to the general fund or to any other fund.
C.R.S. § 35-57.5-118 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-118
35-57.5-118. Enforcement
Status: in_force

35-57.5-118. Enforcement. (1) The board shall be responsible for the enforcement of this article.

(2) Any assessment levied in such specified amount as may be determined by the board pursuant to the provisions of section 35-57.5-116 shall constitute a personal debt of every person so assessed and shall be due and payable to the authority when payment is called for by the board.

(3) Upon the failure of such person to pay any such assessment upon the date determined by the board, the board may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(4) Whenever it appears to the board, upon sufficient evidence satisfactory to the board, 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 or of any order promulgated under this article, the board 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 or order under this article. In any such action, the board 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 board to post a bond.

(5) (a) Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the board. The maximum penalty shall not exceed one thousand dollars per violation.

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

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

(d) Whenever the board is found to have lacked substantial justification to impose a civil penalty, the person charged may recover such person's costs and attorney fees from the authority.

(e) Moneys collected from any civil penalties under the provisions of this section shall be paid to the authority, who shall use such funds to defray the costs of the administration of this article.

(f) Before imposing any civil penalty, the board may consider the effect of such penalty on the ability of the person charged to stay in business.

(6) (Deleted by amendment, L. 93, p. 1844, § 1, effective July 1, 1993.)
C.R.S. § 35-43-118 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-118
35-43-118. Maverick defined - branding penalty
Status: in_force

35-43-118. Maverick defined - branding penalty. (1) All neat cattle and horses found running at large in this state without a mother and upon which there is neither mark nor brand shall be deemed a maverick and shall be sold to the highest bidder for cash at such time and place and under such rules and orders as the state board of stock inspection commissioners prescribes. Nothing in this section shall be construed to apply to domestic or blooded stock owned and kept in cities or towns or on private farms that may stray upon the open range, and all such animals that are claimed, identified, and proven may be reclaimed.

(2) Any person who marks, brands, or causes to be marked or branded, or in any way converts to the person's use any animal known and designated by law as a maverick, if not by law authorized to do so, or who knowingly allows such marking, branding, or conversion, as is prohibited by this section, to be done by the person's employee or agent in the person's behalf commits a class 2 misdemeanor.
C.R.S. § 35-12-108 — CO Code / Title 35 / Article 12 / Section 35-12-108
35-12-108. Inspection, sampling, and analysis
Status: in_force

35-12-108. Inspection, sampling, and analysis. (1) The commissioner shall sample, inspect, make analyses of, and test commercial fertilizers, soil conditioners, plant amendments, and compost distributed within this state at such time and place and to such an extent as the commissioner deems advisable to determine whether such products are in compliance with the provisions of this article. The commissioner is authorized to enter upon any public or private premises or carriers during regular business hours in order to access commercial fertilizers, soil conditioners, plant amendments, and compost subject to the provisions of this article and the rules adopted pursuant to this article.

(2) The methods of analysis and sampling shall be those adopted by the commissioner from sources including the association of official analytical chemists international or a successor organization, Colorado state university, or other authoritative sources deemed reliable by the commissioner.

(3) The commissioner, in determining whether any commercial fertilizer, soil conditioner, plant amendment, or compost violates this article, shall base such determination solely upon official samples obtained and analyzed in accordance with subsections (1) and (2) of this section.

(4) The result of an analysis of a sample of any commercial fertilizer, soil conditioner, plant amendment, or compost that indicates a deficiency shall be forwarded promptly to the registrant. Upon request within thirty days after the date the analysis report is forwarded, the commissioner shall furnish to the registrant a portion of any official sample. If, within forty-five days after forwarding of the analysis report indicating a deficiency, no adequate evidence contradicting the analysis report is made available to the commissioner, the report of the sample analysis shall become official.
C.R.S. § 35-65-108 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-108
35-65-108. Warrants
Status: repealed

35-65-108. Warrants. (Repealed)
C.R.S. § 35-65-102 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-102
35-65-102. Premiums - commissioners may remit taxes
Status: in_force

35-65-102. Premiums - commissioners may remit taxes. The boards of county commissioners in this state, for the purpose of encouraging their respective counties in making a suitable display at any fair held in their counties, may offer special premiums for the best display of the products of the soil, the different grades of thoroughbred stock, fruits of all kinds, dairy products, or whatever else is calculated to encourage and promote agricultural pursuits. The boards of county commissioners are authorized to remit the taxes for state and county purposes and the municipal authorities of any city or town to remit the municipal taxes on the property, real and personal, of any agricultural and mechanical fair associations duly organized under the laws of the state of Colorado when said property is actually and exclusively employed for the use and purposes of said fair associations within their respective counties, cities, or towns.
C.R.S. § 35-4-115 — CO Code / Title 35 / Article 4 / Section 35-4-115
35-4-115. Reports
Status: repealed

35-4-115. Reports. (Repealed)
C.R.S. § 35-41.5-109 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-109
35-41.5-109. Unlawful acts
Status: in_force

35-41.5-109. Unlawful acts. (1) Unless otherwise authorized by law, it is unlawful and a violation of this article for any person to:

(a) Perform any of the acts for which licensure as an alternative livestock farm is required without possessing a valid license;

(b) Hold oneself out as being so qualified to perform any of the acts for which licensure pursuant to this article is required without possessing a valid license;

(c) Solicit, advertise, or offer to perform any of the acts for which licensure as an alternative livestock farm is required without possessing a valid license to perform such acts;

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

(e) Refuse or fail to comply with any rules adopted by the board pursuant to this article or to any lawful order issued by the board;

(f) Refuse to comply with a cease-and-desist order issued pursuant to section 35-41.5-112;

(g) Willfully make a material misstatement in the application for a license or in the application for renewal thereof or to the department during an official investigation;

(h) Impersonate any federal, state, county, city and county, or municipal official or inspector;

(i) Aid or abet another in any violation of this article or of any rule promulgated pursuant thereto;

(j) Hunt alternative livestock without first obtaining a hunter education certificate pursuant to section 33-6-107 (8), C.R.S.; or

(k) Ship any alternative livestock other than those described in the certificate provided by the brand inspector inspecting such alternative livestock or to remove any alternative livestock and to substitute another without the knowledge of the brand inspector.

(2) It is unlawful and a violation of this article for any alternative livestock farm to:

(a) Import or possess for the purpose of selling, trading, giving, or otherwise transferring any alternative livestock without having said alternative livestock inspected in accordance with this article; except that this paragraph (a) shall not apply to alternative livestock sold, traded, given, or transferred by an operating zoological park as defined by the parks and wildlife commission or research institution using such animals for scientific research, if the park or institution otherwise complies with this article and all rules promulgated pursuant thereto;

(b) Sell any alternative livestock in, by, to, or from any unlicensed alternative livestock farm;

(c) Sell any alternative livestock in, by, to, or from any alternative livestock farm unless such alternative livestock has been inspected in accordance with this article;

(d) Refuse to permit entry or inspection in accordance with section 35-41.5-110;

(e) Sell, offer for sale, barter, exchange, or otherwise transfer red deer or red deer hybrids within the state of Colorado;

(f) Allow a license issued pursuant to this article to be used by an unlicensed person; or

(g) Make any misrepresentation or false promise, through advertisements, employees, agents, or otherwise, in connection with the business operations licensed pursuant to this article or for which an application for a license is pending.
C.R.S. § 35-5.5-117 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-117
35-5.5-117. The state weed coordinator
Status: in_force

35-5.5-117. The state weed coordinator. (1) There shall be designated in the department of agriculture a state weed coordinator, who shall be under contract with or appointed by the commissioner.

(2) The state weed coordinator shall:

(a) Develop a recommended management plan for the integrated management of designated noxious weeds within state-owned lands;

(b) Facilitate cooperation between federal, state, and local land managers in the formation of a memorandum of understanding;

(c) Provide guidance and coordination for local governmental weed managers.
C.R.S. § 35-53-123 — CO Code / Title 35 / Article 53 / Section 35-53-123
35-53-123. Inspection report of officer
Status: in_force

35-53-123. Inspection report of officer. Said officer shall make out and sign a complete inspection report showing the date and place of inspection, the number and kind of said livestock, poultry, or the carcasses thereof transported, the person in charge of the truck, automobile, or other vehicle, the license number, if any, of the vehicle, and the facts set forth in the written permit or written statement, which inspection report shall be filed forthwith in the office of the sheriff of the county where it may be examined at all reasonable hours by any person.
C.R.S. § 35-14-108 — CO Code / Title 35 / Article 14 / Section 35-14-108
35-14-108. Special police powers
Status: in_force

35-14-108. Special police powers. (1) When necessary to perform his duties or to implement the provisions of this article or the rules and regulations promulgated pursuant thereto, the commissioner or his authorized agent may:

(a) Enter any commercial premises during normal business hours; except that, in the event such premises are not open to the public, he shall first present his credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained;

(b) Issue stop-use, hold, or removal orders with respect to any weights and measures commercially used and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale which do not meet the requirements of this article;

(c) Seize, for use as evidence and without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this article or any rule or regulation promulgated pursuant thereto;

(d) Stop any commercial vehicle and, after presentment of his credentials, require that the person in charge of the vehicle produce any documents in his possession concerning the contents of said vehicle, inspect the contents of such vehicle at the site, and, if necessary, require such person to proceed with the vehicle to some specified place for inspection.

(2) The commissioner may administer oaths and take statements, issue subpoenas requiring the attendance of witnesses before him or her and the production of all 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.

(3) If the owner, or the owner's agent, of any commercial premises or vehicle refuses to admit the commissioner to inspect such premises or vehicle, the commissioner may obtain from the district or county court for the district or county in which such premises or vehicle is located a warrant to enter and inspect such premises or vehicle.
C.R.S. § 35-5-119 — CO Code / Title 35 / Article 5 / Section 35-5-119
35-5-119. Procedure for establishing grasshopper and range caterpillar control districts
Status: repealed

35-5-119. Procedure for establishing grasshopper and range caterpillar control districts. (Repealed)
C.R.S. § 35-13-109 — CO Code / Title 35 / Article 13 / Section 35-13-109
35-13-109. Registration - application - fees
Status: repealed

35-13-109. Registration - application - fees. (1) On or before the date specified by rule of the commissioner each year, every person who owns one or more anhydrous ammonia storage tanks, mobile transportation tanks, or tank-mounted applicators within this state shall register each of such tanks or applicators with the department and shall pay a registration fee as established by the agricultural commission. A registration is not transferable. No reduction of a registration fee shall be made for a fractional part of a year.

(2) An application for registration shall state:

(a) The name of the applicant;

(b) If the applicant is a firm, the names of its members;

(c) If the applicant is a corporation, the names of its officers;

(d) The applicant's business address;

(e) The applicant's telephone number;

(f) The name and location of each fixed bulk facility; and

(g) The serial number or other identifying number of each mobile transportation tank or tank-mounted applicator.

(3) For the fiscal year commencing on July 1, 2007, and for each subsequent fiscal year, the agricultural commission shall establish a fee schedule to cover all of the direct and indirect costs of administering and enforcing the provisions of this article.

(4) (a) All fees, fines, and penalties 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. § 35-11-101 — CO Code / Title 35 / Article 11 / Section 35-11-101
35-11-101. Short title
Status: in_force

35-11-101. Short title. This article shall be known and may be cited as the "Colorado Chemigation Act".
C.R.S. § 35-14-116 — CO Code / Title 35 / Article 14 / Section 35-14-116
35-14-116. Railroad car tare weights
Status: in_force

35-14-116. Railroad car tare weights. (1) Whenever stenciled tare weights on freight cars are employed in the sale of commodities or the assessment of freight charges, the following conditions and requirements shall apply:

(a) All newly stenciled or restenciled tare weights shall be accurately represented to the nearest one hundred pounds for inch pound units and to the nearest fifty kilograms for metric units, and the representation shall include the date of weighing.

(b) The allowable difference between actual tare weight and stenciled tare weight on freight cars in use shall be:

(I) If in inch pounds:

(A) Plus or minus three hundred pounds for cars of fifty thousand pounds or less;

(B) Plus or minus four hundred pounds for cars over fifty thousand pounds but not over sixty thousand pounds; or

(C) Plus or minus five hundred pounds for cars over sixty thousand pounds;

(II) If in metric:

(A) Plus or minus one hundred fifty kilograms for cars twenty-five thousand kilograms or less;

(B) Plus or minus two hundred kilograms for cars over twenty-five thousand kilograms but not over thirty thousand kilograms; or

(C) Plus or minus two hundred fifty kilograms for cars over thirty thousand kilograms.

(c) Tare weight determinations for verification or change of stenciled weights shall only be made on properly prepared and adequately cleaned freight cars.

(d) Tank cars, covered hopper cars, flat cars equipped with multideck racks or special superstructures, mechanical refrigerator cars, and house-type cars equipped with special lading protective devices must be reweighed and restenciled only by owners or their authorized representatives if the car bears no lightweight (empty weight) stenciling or if repairs or alterations result in a change of weight in excess of the permissible lightweight tolerance.
C.R.S. § 35-50-107 — CO Code / Title 35 / Article 50 / Section 35-50-107
35-50-107. Disease detection and prevention
Status: in_force

35-50-107. Disease detection and prevention. Whenever the commissioner reasonably suspects that livestock are in or from an area of concentration or point of distribution where there is a potential for the spread of disease or that the livestock may have been exposed to or are suffering from an infectious or contagious disease, the commissioner may, as a sanitary measure, conduct surveillance or otherwise inspect the suspected livestock.
C.R.S. § 35-12-117 — CO Code / Title 35 / Article 12 / Section 35-12-117
35-12-117. Stop distribution, stop use, or removal orders
Status: in_force

35-12-117. Stop distribution, stop use, or removal orders. (1) The commissioner may issue and enforce a written or printed stop distribution, stop use, or removal order directed to the owner or custodian of any lot of commercial fertilizer, soil conditioner, plant amendment, or compost when the commissioner finds the commercial fertilizer, soil conditioner, plant amendment, or compost is being distributed or used in violation of any of the provisions of this article. The commissioner shall release the commercial fertilizer, soil conditioner, plant amendment, or compost peat moss, or peat humus from the order when the owner or custodian has complied with requirements of this article and has paid all costs and expenses incurred in connection with the entry and enforcement of such order. Any person who has received a stop distribution, stop use, or removal order may request a hearing, pursuant to article 4 of title 24, C.R.S., to determine whether the violation occurred.

(2) In the event that a person fails to comply with a stop distribution, stop use, or removal order within twenty-four hours after the issuance of the order, the commissioner may bring suit for a temporary restraining order and injunctive relief in order to prevent any further or continued violation of such order.

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

(4) Whenever the commissioner possesses evidence satisfactory to the commissioner that a person has engaged or is about to engage in a violation of this article or rules adopted pursuant to 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 and rules adopted pursuant to 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. § 35-5-111 — CO Code / Title 35 / Article 5 / Section 35-5-111
35-5-111. Reports of acreage infested - county tax levy - fund - allocation
Status: in_force

35-5-111. Reports of acreage infested - county tax levy - fund - allocation. (1) The commissioner is directed, and it is his duty, to ascertain each year, from reports of the inspectors and other sources, the approximate amount of land and highways infested with the most troublesome noxious weeds, insect pests, or plant diseases, and their location, and transmit such information tabulated by counties, not later than July 1 of each year, to the board of county commissioners of each county affected by such infestation. On the basis of such information, the board of county commissioners of each county may make a tax levy each year on real property for the purpose of paying the cost of noxious weed, insect pest, or plant disease control or eradication in a district of the county as provided by this section, but such levy shall not exceed two mills in any one year.

(2) Moneys collected from such levy shall be set apart as a pest control fund, and moneys derived from a particular district shall be used only in that district, and moneys derived on a countywide basis shall be used for the whole county. Vouchers shall be drawn against said fund by the board for items of expense incident to the control or eradication of noxious weeds, insect pests, or plant diseases in the county or in any such district. Such expenditures and accounts shall be audited annually.
C.R.S. § 35-10-118 — CO Code / Title 35 / Article 10 / Section 35-10-118
35-10-118. Powers and duties of the commissioner - rules
Status: in_force

35-10-118. Powers and duties of the commissioner - 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) The regulation of all aspects of pesticide application, including, but not limited to, the storage, use, application, and disposal of any pesticide or device that requires licensure for use by any person subject to this article;

(b) The establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this article, including the establishment of classifications and subclassifications for any license authorized under this article;

(c) The issuance and reinstatement of any license authorized under this article and the grounds for any disciplinary actions authorized under this article, including letters of admonition, other discipline through stipulation, or the restriction, probation, denial, suspension, or revocation of any license authorized under this article;

(d) The content of the examination required for the administration of this article and the amount of any examination and examination grading fee.

(3) The commissioner shall, for examinations required for any license under this article:

(a) Develop each such examination, or adopt a commercially standardized examination, required for the administration of this article and the amount of any examination and examination grading fee;

(b) Establish a passing score for each examination that reflects a minimum level of competency in the class or subclass for which the applicant is being tested;

(c) Administer each such examination or contract with a person, corporation, or other entity to administer each such examination.

(4) The commissioner shall establish standards and procedures to issue a license to any person who possesses a valid license from another jurisdiction, where the qualifications for that license are substantially similar to those adopted for a comparable license authorized under this article.

(5) The commissioner shall establish any competency requirements and standards for any individuals licensed under section 35-10-115.

(6) The commissioner is authorized to conduct hearings required under sections 35-10-119 and 35-10-120 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) The commissioner is authorized to determine the amount of any licensing fee authorized under this article based on the actual cost of administering and enforcing the article and any rules and regulations adopted pursuant thereto.

(8) The commissioner is authorized to enter into cooperative agreements with any agency or political subdivision 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 licensing agreements.

(8.5) (a) The department may provide the following only to the extent of funding received pursuant to paragraph (b) of this subsection (8.5):

(I) Education programs for urban residents regarding the proper use of pesticides and regarding the dangers of misuse or overuse of pesticides; and

(II) Education programs for firefighters regarding precautions and procedures that are necessary when fighting fires that involve or are in the vicinity of pesticides or fertilizers.

(b) The commissioner may accept gifts, grants, and donations of any kind from any private or public source for the purposes of this subsection (8.5). The commissioner shall transmit all such gifts, grants, or donations 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.

(9) The commissioner is authorized to promulgate rules and regulations to comply with the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended; except that such rules and regulations shall not contravene any provision of this article, article 9 of this title, or any other provision of state law.

(9.5) The commissioner shall designate by rule which devices, when operated for hire, require the operator to be licensed as a commercial applicator. Licensure shall be required only for the use of those devices that, as determined by the commissioner, may constitute a significant risk to public health or safety.

(9.7) (a) The commissioner shall:

(I) Develop an online complaint process on the department's website that allows members of the public to fill out and submit a complaint form online; and

(II) Provide the complaint form in a manner that is:

(A) Easily accessible on the department's website;

(B) User-friendly;

(C) Printable; and

(D) Accompanied by easy-to-follow instructions.

(b) The complaint form or the instructions accompanying the complaint form must include the department's mailing address so that a member of the public may choose to print and submit the complaint form by mail instead of electronically.

(10) The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
C.R.S. § 35-11-117 — CO Code / Title 35 / Article 11 / Section 35-11-117
35-11-117. Effective date of rules and regulations
Status: in_force

35-11-117. Effective date of rules and regulations. The effective date for the initial rules and regulations promulgated pursuant to this article shall be July 1, 1989.
C.R.S. § 35-11-112 — CO Code / Title 35 / Article 11 / Section 35-11-112
35-11-112. Denial, suspension, or revocation of permit
Status: in_force

35-11-112. Denial, suspension, or revocation of permit. (1) Pursuant to the applicable provisions of article 4 of title 24, C.R.S., the commissioner may deny, suspend, revoke, restrict, or refuse to renew the permit of an applicant or permit holder, as the case may be, who:

(a) Fails to have installed and operating, or to have properly installed, any device required by section 35-11-107;

(b) Has used for chemigation an irrigation system which is subject to a repair order under section 35-11-110 (2) and which has not been reinspected and approved;

(c) Has utilized chemigation without a permit on or after January 1, 1990;

(d) Has utilized for chemigation any equipment which did not, at the time of such use, meet the requirements established by section 35-11-107 or by any rule or regulation adopted by the commissioner pursuant to this article;

(e) Has contaminated groundwater or surface water by the use of chemigation;

(f) Has violated any provision of this article or any rule or regulation promulgated by the commissioner pursuant to this article.
C.R.S. § 35-41.5-115 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-115
35-41.5-115. Criminal penalties
Status: in_force

35-41.5-115. Criminal penalties. Any person who violates any of the provisions of section 35-41.5-109 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 (1).
C.R.S. § 35-4-113.5 — CO Code / Title 35 / Article 4 / Section 35-4-113.5
35-4-113.5. Delegation of duties
Status: in_force

35-4-113.5. Delegation of duties. The commissioner, in his discretion, may delegate his authority to an employee to execute the provisions of this article.
C.R.S. § 35-4-109 — CO Code / Title 35 / Article 4 / Section 35-4-109
35-4-109. Emergency disposal of plant material
Status: in_force

35-4-109. Emergency disposal of plant material. Any shipment of any plant material into Colorado when found to be in violation of a quarantine declared pursuant to section 35-4-110 or when found to carry exotic pests not previously found in the United States or pests known to cause high levels of economic damage under similar conditions of climate and natural habitat in other areas outside this state by the commissioner may be placed in isolation or quarantine by the commissioner and shall be completely under the commissioner's control. The owner or bailee shall comply with all terms of the quarantine, abate such pests as directed by and to the satisfaction of the commissioner or remove such shipment from the state within such time as ordered by the commissioner. Articles not removed from the state as ordered shall be destroyed by the commissioner with no recompense therefor to the owner. Any owner or bailee claiming that his or her shipment of plant material was destroyed or ordered removed from the state without reasonable justification may request a hearing on that issue before the commissioner within ten days after such destruction or order of removal. If it is determined that a shipment of plant material was destroyed or ordered removed from the state by the commissioner without reasonable justification and that such action was done arbitrarily and capriciously, the department of agriculture shall reimburse such owner or bailee for any losses suffered.
C.R.S. § 35-54-102 — CO Code / Title 35 / Article 54 / Section 35-54-102
35-54-102. Penalty
Status: in_force

35-54-102. Penalty. Any person who violates or fails to comply with any of the provisions of section 35-54-101 commits a class 2 misdemeanor.
C.R.S. § 35-28-117 — CO Code / Title 35 / Article 28 / Section 35-28-117
35-28-117. Assessment a personal debt
Status: in_force

35-28-117. Assessment a personal debt. Any assessment levied in such specified amount as may be determined by the commissioner pursuant to the provisions of section 35-28-113 shall constitute a personal debt of every person so assessed and shall be due and payable to the commissioner when payment is called for by the commissioner. In the event of failure of such person to pay any such assessment upon the date determined by the commissioner, the commissioner may file a complaint against such person in a state court of competent jurisdiction for the collection thereof, as provided in section 35-28-116.
C.R.S. § 35-42-111 — CO Code / Title 35 / Article 42 / Section 35-42-111
35-42-111. Investigations - access - administrative subpoena
Status: in_force

35-42-111. Investigations - access - administrative subpoena. (1) The commissioner, upon his own motion or upon the complaint of any person, shall make any investigations necessary to ensure compliance with this article.

(2) (a) At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access, upon consent or upon obtaining an administrative search warrant, to all buildings, yards, pens, pastures, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article.

(b) The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses and 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 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.

(3) Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period.
C.R.S. § 35-5-110 — CO Code / Title 35 / Article 5 / Section 35-5-110
35-5-110. Public nuisance - abatement
Status: in_force

35-5-110. Public nuisance - abatement. Any noxious weeds, insect pests, or plant diseases with respect to which a control district has been proclaimed, and any and all stages thereof, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith within such area are declared to be a public nuisance, subject to all laws and remedies relating to the prevention and abatement of nuisances. The inspector, under the supervision and direction of the commissioner and with the approval of the board of county commissioners, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such nuisance as in his discretion seems necessary. The remedies of this section shall be cumulative with all other remedies provided in this article.
C.R.S. § 35-23.5-101 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-101
35-23.5-101. Short title
Status: in_force

35-23.5-101. Short title. This article shall be known and may be cited as the "Controlled Atmosphere Storage of Apples Act".
C.R.S. § 35-11-106 — CO Code / Title 35 / Article 11 / Section 35-11-106
35-11-106. Issuance of chemigation permit - fees
Status: repealed

35-11-106. Issuance of chemigation permit - fees. (1) On and after January 1, 1990, any person who intends to utilize chemigation shall, before commencing, file with the department an application for a chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department.

(2) The applicant for a chemigation permit shall, on the application, certify that the irrigation system for which he is seeking a permit includes properly installed and functioning equipment in compliance with the provisions of section 35-11-107. Upon receipt of a permit, the permit holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.

(3) The fee for a chemigation permit and the annual renewal fee shall be established by the commissioner through rules. Such fees shall reflect all direct and indirect costs of the department for the administration of this article. The inspection fee shall be established by rule of the commissioner and shall reflect all direct and indirect costs for the inspection. A chemigation permit shall expire on March 31 of the year subsequent to the date the chemigation permit was issued. The reinstatement fee for an expired chemigation permit shall be double the amount of the fee for a chemigation permit. The reinstatement fee shall not be assessed to any person who filed an affidavit in lieu of a permit for the year prior to the year such person seeks a permit. A chemigation permit shall not be assignable. The amount of indirect costs assessed under this subsection (3) shall:

(a) Repealed.

(b) Effective July 1, 2006, be based on the number of FTE in the program expressed as a percentage of the total FTE in the department. In no case shall the indirect costs assessment exceed this percentage.

(4) In the event that a ground water management district contracts with the department for the enforcement of the provisions of this article pursuant to the provisions of section 35-11-113, the amount of the fee and annual renewal fee, for persons utilizing chemigation within such district, shall be in an amount established by the commissioner. There shall be no state inspection fee for inspections made within such district.
C.R.S. § 35-48-104 — CO Code / Title 35 / Article 48 / Section 35-48-104
35-48-104. Castration of inferior animals
Status: in_force

35-48-104. Castration of inferior animals. It is lawful for any stock grower to castrate or cause to be castrated any inferior animal found running at large; but, if any person castrates any animal belonging to another, without permission, and on proper evidence before any competent court it is proved to the satisfaction of said court that such animal was not within the prohibition of section 35-48-103, said person so castrating such animal shall be liable for damages in three times the value of the animal so castrated and costs of suit.
C.R.S. § 35-46-104 — CO Code / Title 35 / Article 46 / Section 35-46-104
35-46-104. Finding of board - enforcement
Status: in_force

35-46-104. Finding of board - enforcement. The finding of said board of arbitration, when reduced to writing and signed by a majority of the members thereof, constitutes an obligation on the part of the person against whom the finding is made to pay to the aggrieved party the sum set forth in the finding of said board of arbitration. In the event the person against whom the finding of such board of arbitration is made fails, neglects, or refuses to pay to the aggrieved party the sum set forth in the finding of said board of arbitration, within thirty days from the date of the written findings of such board, then the finding of said board of arbitration may be filed in any court of record within the jurisdiction where the damage was sustained. The finding of such board so filed shall be deemed for the purposes of sections 35-46-101 to 35-46-110 a judgment of said court and execution may issue thereon as by law provided in judgments of said court. The costs agreed upon to be incurred in said arbitration shall follow the findings as in suits at court. If the owner of any livestock makes a tender in money of all damages to the person claiming damages, the person claiming damages shall pay all costs and expenses thereafter accruing unless he is awarded a larger amount than was tendered by the owner of such livestock.
C.R.S. § 35-44-110 — CO Code / Title 35 / Article 44 / Section 35-44-110
35-44-110. Application as to municipalities
Status: in_force

35-44-110. Application as to municipalities. Nothing in this article shall be construed to repeal any of the laws now in effect in regard to the impounding of estray animals by municipalities.
C.R.S. § 35-70-113 — CO Code / Title 35 / Article 70 / Section 35-70-113
35-70-113. Boards of appeals
Status: repealed

35-70-113. Boards of appeals. (Repealed)
C.R.S. § 35-3-110 — CO Code / Title 35 / Article 3 / Section 35-3-110
35-3-110. State advisory committee - sunset review
Status: repealed

35-3-110. State advisory committee - sunset review. (Repealed)
C.R.S. § 35-25-114 — CO Code / Title 35 / Article 25 / Section 35-25-114
35-25-114. Exemption
Status: repealed

35-25-114. Exemption. (Repealed)
C.R.S. § 35-65-112 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-112
35-65-112. Fairground - manager - lease
Status: in_force

35-65-112. Fairground - manager - lease. The board of county commissioners of any county in this state in its discretion, after the purchase or lease and the improvement of the land for fairground purposes as provided for in section 35-65-111, may appoint some person to look after, operate, and conduct county fairs on said fairgrounds during each year; or the said board of county commissioners may in its discretion rent or lease the said fairgrounds and improvements thereon for such rental and for such term or period of time as it deems reasonable and proper to any corporation not for pecuniary profit duly organized under the laws of the state of Colorado for the purpose of conducting, operating, and holding a county fair for the promotion of all mechanical and industrial products and agricultural, horticultural, livestock, and other products and exhibits and also for the purpose of conducting races, sports, and other entertainment usually given at county fairs.
C.R.S. § 35-51-103 — CO Code / Title 35 / Article 51 / Section 35-51-103
35-51-103. Civil penalties
Status: in_force

35-51-103. Civil penalties. (1) Any person who violates any provision of this article or of any rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or 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 or rule on at least one prior occasion occurring after March 23, 1995.

(2) 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.

(3) 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.

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

(5) All penalties collected pursuant to this section shall be transmitted to the general fund.
C.R.S. § 35-9-117.5 — CO Code / Title 35 / Article 9 / Section 35-9-117.5
35-9-117.5. Refillable container residue removal requirements - rules
Status: in_force

35-9-117.5. Refillable container residue removal requirements - rules. A refiller shall comply with refillable container residue removal requirements established by the commissioner by rule.
C.R.S. § 35-77-103 — CO Code / Title 35 / Article 77 / Section 35-77-103
35-77-103. Cooperative agreement - federal funding - applicability - rules
Status: in_force

35-77-103. Cooperative agreement - federal funding - applicability - rules. (1) The commissioner may seek, accept, and expend federal money for the purposes of this article 77. The commissioner may enter into a cooperative agreement with the FDA to implement 21 CFR 112 under state law and to seek federal money.

(2) If the commissioner does not receive adequate money under subsection (1) of this section to implement this article 77, the commissioner need not implement this article 77 or may cease implementing this article 77. If the commissioner does not implement this article 77 or ceases implementing this article 77, the commissioner shall promulgate a rule providing public notice that this article 77 is not being implemented and that a farm need not register under this article 77.
C.R.S. § 35-42-104 — CO Code / Title 35 / Article 42 / Section 35-42-104
35-42-104. Scope of article
Status: in_force

35-42-104. Scope of article. (1) Nothing in this article shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals, or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of this title.

(2) In case of any conflict between this article or regulations adopted pursuant to this article or section 35-43-126 and the wildlife statutes of the state, said wildlife statutes shall control.

(3) Nothing in this article shall affect animal care otherwise authorized by law.

(4) Nothing in this article shall affect facilities licensed under the provisions of the federal "Animal Welfare Act of 1970", 7 U.S.C. sec. 2131 et seq., as amended.
C.R.S. § 35-27.5-108 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-108
35-27.5-108. Colorado weed free crop certification fund - transfer of moneys to plant health,
Status: in_force

35-27.5-108. Colorado weed free crop certification fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) The commissioner shall set fees for the certification of weed free crops pursuant to this article in amounts adequate to cover all costs, direct and indirect, of the department in the administration and enforcement of this article.

(2) All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit such fees 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 Colorado weed free crop certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
C.R.S. § 35-65-404 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-404
35-65-404. Transfer of property
Status: in_force

35-65-404. Transfer of property. (1) On June 30, 1997, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Colorado state fair authority, as it existed prior to said date, are transferred to the Colorado state fair authority, created in the department of agriculture, and shall become the property thereof.

(2) On and after June 30, 1997, whenever the Colorado state fair authority or the board of commissioners of the Colorado state fair authority, as they existed prior to June 30, 1997, is referred to or designated by any contract or other document in connection with the Colorado state fair and industrial exposition, such reference or designation shall be deemed to apply to the Colorado state fair authority and the board of commissioners of the Colorado state fair authority, created pursuant to section 35-65-401. All contracts entered into by the authority or its board prior to June 30, 1997, in connection with the Colorado state fair and industrial exposition, are hereby validated, with the Colorado state fair authority, created in the department of agriculture, succeeding to all rights and obligations under such contracts.

(3) No suit, action, or other judicial or administrative proceeding lawfully commenced prior to June 30, 1997, or which could have been commenced prior to said date, by or against the Colorado state fair authority, its board of commissioners, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties shall abate by reason of the abolishment of the Colorado state fair authority and its board, as they existed prior to said date, and the creation, in the department of agriculture, of the Colorado state fair authority and the board of commissioners of the Colorado state fair authority.
C.R.S. § 35-1.2-101 — CO Code / Title 35 / Article 1.2 / Section 35-1.2-101
35-1.2-101. Short title
Status: in_force

35-1.2-101. Short title. The short title of this article 1.2 is the "Colorado Agricultural Future Loan Program Act".
C.R.S. § 35-75-103 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-103
35-75-103. Definitions
Status: in_force

35-75-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Agriculture" or "agricultural enterprise" means the real and personal property constituting farms, ranches, and other agricultural commodity producers, including aquaculture, floriculture, silvaculture, and other agricultural endeavors that the authority wishes to include within the provisions of this article. Such term shall include agricultural land, equipment used in the production and processing of agricultural products, and other capital improvements including, but not limited to, the purchase of livestock and the implementation of soil conservation practices.

(2) "Authority" means the Colorado agricultural development authority created by section 35-75-104.

(3) "Board" means the board of directors of the authority.

(4) "Bond" means any bond, note, debenture, interim certificate, grant and revenue anticipation note, or other evidence of indebtedness authorized to be issued by the authority pursuant to this article.

(5) "Borrower" means an enterprise engaged in agriculture or agricultural processing in Colorado.

(6) "Contracting party" means any party to a lease, sales contract, or loan agreement except the authority.

(7) "Lease" means:

(a) A lease containing an option to purchase an agricultural enterprise for a nominal sum upon payment, in full or with provision for such payment, of all bonds issued in connection with the agricultural enterprise, all interest thereon, and all other expenses in connection with the agricultural enterprise; or

(b) A lease containing an option to purchase an agricultural enterprise at any time, as provided in such lease, upon payment of the purchase price. The purchase price shall be sufficient to pay all bonds issued in connection with the agricultural enterprise, all interest thereon, and all other expenses incurred in connection with the agricultural enterprise, but payment may be made in the form of one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the lessee which provide for timely payments, including, but not limited to, interest thereon sufficient for such purposes and delivered to the authority or to the trustee under the indenture pursuant to which the bonds were issued.

(8) "Lender" means any federal or state chartered bank, federal land bank, production credit association, bank for cooperatives, savings and loan association, building and loan association, small business investment company, or other institution qualified within the state to originate and service loans, including, but not limited to, insurance companies, credit unions, and mortgage loan companies.

(9) "Loan" means any lease, loan agreement, or sale contract entered into with a borrower.

(10) "Loan agreement" means an agreement which provides for the authority or a lender with which the authority has contracted to loan the proceeds derived from the issuance of bonds pursuant to section 35-75-108 to a contracting party to be used to pay the cost of an agricultural enterprise and which provides for the repayment of such loan by the contracting party. Such agreement may provide for the loans to be secured or evidenced by one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the contracting party, delivered to the authority or to the trustee under the indenture pursuant to which the bonds were issued.

(11) "Loan insurer" or "loan guarantor" means an agency, department, administration, or instrumentality, corporate or otherwise, of the federal department of housing and urban development, the farmers home administration of the federal department of agriculture, or the veterans administration of the United States, any private mortgage insurance company, or any other public or private agency which insures or guarantees loans.

(12) "Sale contract" means a contract providing for the sale of an agricultural enterprise to a contracting party and includes a contract providing for payment of the purchase price in one or more installments. If the sale contract permits title to the agricultural enterprise to pass to such contracting party or parties prior to payment in full of the entire purchase price, it shall also provide for such contracting party to deliver to the authority or to the trustee under the indenture pursuant to which the bonds were issued one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the contracting party which provides for timely payments, including, without limitation, interest thereon for the balance of the purchase price at or prior to the passage of such title.

(13) "State" means the state of Colorado.
C.R.S. § 35-60-116 — CO Code / Title 35 / Article 60 / Section 35-60-116
35-60-116. Study - hemp products in animal feed - repeal
Status: repealed

35-60-116. Study - hemp products in animal feed - repeal. (Repealed)
C.R.S. § 35-70-114 — CO Code / Title 35 / Article 70 / Section 35-70-114
35-70-114. Land use ordinances - violations
Status: repealed

35-70-114. Land use ordinances - violations. (Repealed)
C.R.S. § 35-14-134 — CO Code / Title 35 / Article 14 / Section 35-14-134
35-14-134. Repeal of sections - review of functions
Status: repealed

35-14-134. Repeal of sections - review of functions. Sections 35-14-102 (3), 35-14-121 to 35-14-124.5, 35-14-127, 35-14-129, and 35-14-131 (5)(d), (5)(j), and (5)(m) are repealed, effective September 1, 2028. Before the repeal, the licensing and certification functions of the department are scheduled for review in accordance with section 24-34-104.
C.R.S. § 35-43-115.5 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-115.5
35-43-115.5. Abandoned brands - procedure - sale - proceeds
Status: in_force

35-43-115.5. Abandoned brands - procedure - sale - proceeds. (1) Any brand that has been canceled for nonpayment of the assessment pursuant to section 35-43-115 (1) and that, as of June 30 of any assessment year, has remained unclaimed for at least five years since the date of cancellation shall be presumed abandoned, and all claims or interests in such brand shall be deemed forfeited.

(2) In accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., the state board of stock inspection commissioners shall adopt rules governing the publication and sale of abandoned brands. Such rules shall include, without limitation, provisions for the publication of a notice of abandoned brands and procedures for the public sale of such brands.

(3) The purchaser of an abandoned brand at a public sale shall take all rights to the brand free and clear of all liens and encumbrances of the prior owner or of any other person. The state board of stock inspection commissioners shall provide all documents necessary to effectuate the transfer of ownership of the brand.

(4) The proceeds of the sale of an abandoned brand, net of expenses of the sale, shall be credited to the brand assessment account in the brand inspection fund.
C.R.S. § 35-51-104 — CO Code / Title 35 / Article 51 / Section 35-51-104
35-51-104. Enforcement
Status: in_force

35-51-104. Enforcement. (1) The commissioner shall enforce the provisions of this article.

(2) 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, 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.

(3) 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 rule adopted under this article, the commissioner 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 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.
C.R.S. § 35-57.5-115 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-115
35-57.5-115. Rules and regulations
Status: in_force

35-57.5-115. Rules and regulations. The board is authorized to promulgate regulations necessary to carry out the intent and purposes of this article.
C.R.S. § 35-10-114 — CO Code / Title 35 / Article 10 / Section 35-10-114
35-10-114. Certified operator - license required
Status: in_force

35-10-114. Certified operator - license required. Any individual acting as a certified operator shall possess a valid certified operator license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.
C.R.S. § 35-55-102 — CO Code / Title 35 / Article 55 / Section 35-55-102
35-55-102. License requirements
Status: repealed

35-55-102. License requirements. (1) Any person, partnership, or corporation may procure a license to establish and operate, for a term of one year, a public livestock market within the state of Colorado by making written application to the state board of stock inspection commissioners. The application must provide the following:

(a) The name and address of the applicant, and the names and addresses of all persons having any financial interest in the business;

(b) Proof of financial responsibility of the applicant in the form and amount required by the state board of stock inspection commissioners in accordance with section 35-55-104 or as set forth in the federal "Packers and Stockyards Act, 1921", 7 U.S.C. sec. 181 et seq., as amended;

(c) A legal description of the property and its exact location, with a complete description of the facilities proposed to be used in connection with such public livestock market;

(d) Repealed.

(e) Proof of the ability of the applicant to comply with the federal "Packers and Stockyards Act, 1921", as amended (7 U.S.C. sec. 181 et seq.).

(f) Repealed.

(2) Each such application shall be accompanied by the annual fee as prescribed in section 35-55-103.

(3) To qualify for a license, the applicant must prove ownership of or control by lease of a facility that is adequate as determined by an authorized brand inspector to hold, handle, sort, and inspect livestock.

(4) Repealed.

(5) Every licensed public livestock market shall use forms approved by the state board of stock inspection commissioners for consignment cards, consignors accounts on sale, buyers settlement sheets, and bills of sale to the purchaser.

(6) A public livestock market shall operate on the day of the week designated by the state board of stock inspection commissioners. The operation of a public livestock market in this state without a license is a misdemeanor punishable as provided in section 35-55-117.
C.R.S. § 35-43-127 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-127
35-43-127. Skinning carcass without right
Status: in_force

35-43-127. Skinning carcass without right. Any person who skins or removes from the carcass any part of the skin, hide, or pelt of any cattle or sheep without permission from the owner is guilty of theft and, upon conviction thereof, shall be punished in the manner provided by law for the punishment of theft. Nothing in this section shall be deemed to prevent the skinning of animals killed by railroad companies by the employees of any railroad company by which such stock may have been killed.
C.R.S. § 35-27-105 — CO Code / Title 35 / Article 27 / Section 35-27-105
35-27-105. Label requirements
Status: in_force

35-27-105. Label requirements. (1) (a) Except as otherwise provided in this article, every container of seed which is sold, offered or exposed for sale, bartered, or distributed within this state for propagation shall conspicuously bear a legible and plainly written or printed label or tag in English which shall provide all information required by the commissioner. A label shall not bear false or misleading information.

(b) For purposes of this subsection (1), a lot of seed sold at wholesale or at bulk shall be categorized as a sale in a single container.

(2) All labels made pursuant to this section shall include arbitration information required pursuant to section 35-27-123.
C.R.S. § 35-27.3-104 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-104
35-27.3-104. Distribution of seed potatoes - rules
Status: in_force

35-27.3-104. Distribution of seed potatoes - rules. (1) All seed potatoes distributed by any person in lots that are sufficient to plant one or more acres in Colorado as determined by the commissioner by rule shall be certified by a certifying authority.

(2) All lots of seed potatoes subject to subsection (1) of this section shall, at the time of distribution, be accompanied by the following documents:

(a) An official tag or bulk certificate indicating their status as certified seed potatoes;

(b) A certificate of shipping point inspection;

(c) A North American plant health certificate issued by the certifying authority for seed potatoes imported from outside Colorado; and

(d) Any other documentation necessary to provide the information required by subsection (3) of this section.

(3) The documents described in subsection (2) of this section shall provide the following:

(a) A description of the grade of the seed potatoes;

(b) The findings of field inspections and postharvest inspections conducted on each lot of seed potatoes, including the name and amount of any diseases observed;

(c) The generation of seed potatoes; and

(d) Evidence that the seed potatoes were tagged, and, if imported from outside Colorado, packed and sealed, under the certification standards of the state, territory, or country in which they were grown.
C.R.S. § 35-26-108 — CO Code / Title 35 / Article 26 / Section 35-26-108
35-26-108. Access to locations and records - administrative subpoena - complaints and inves
Status: in_force

35-26-108. Access to locations and records - administrative subpoena - complaints and investigations. (1) (a) At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all buildings, yards, warehouses, and storage facilities owned or operated by a registrant in which any nursery stock is kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article.

(b) At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.

(2) The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article.
C.R.S. § 35-5-117 — CO Code / Title 35 / Article 5 / Section 35-5-117
35-5-117. Emergency measures
Status: in_force

35-5-117. Emergency measures. (1) When the governor determines and declares an emergency resulting from a major grasshopper or range caterpillar infestation, he shall specify the area or areas of the major infestation. Within such area or areas, he is authorized to direct that such emergency measures be taken as he deems necessary to alleviate conditions which gravely jeopardize property and resources.

(2) In directing that emergency measures be taken, the governor is hereby authorized to:

(a) Utilize equipment, supplies, facilities, personnel, and other like available resources belonging to the state of Colorado in possession of any state agency;

(b) Enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies;

(c) Accept assistance, services, and facilities tendered by federal and local governmental units or private agencies;

(d) Accept on behalf of the state the provisions and benefits of acts of congress designated to provide for assisting states.
C.R.S. § 35-70-104 — CO Code / Title 35 / Article 70 / Section 35-70-104
35-70-104. Petition for organization of district - qualified electors
Status: in_force

35-70-104. Petition for organization of district - qualified electors. (1) Proceedings to determine whether or not a conservation district shall be organized shall be instituted by a petition addressed to the state board and signed by not less than twenty-five percent of the owners of land within the district and who own not less than half of the area to be included within the proposed district. A determination after hearing by the state board that the requisite number of landowners have signed such petition and that such petition has been signed by landowners who own not less than half of the area to be included within the proposed district shall be final and conclusive unless objection is made to the sufficiency of such petition and appeal is taken from the determination of the board.

(2) The petition shall include:

(a) The name of the proposed district;

(b) Two maps or plats showing the boundaries of the proposed district;

(c) Narrative statement giving the legal description of the area to be included within the proposed district by legal subdivisions or by metes and bounds;

(d) Brief statements of the character of the lands within the boundaries of the proposed district and the need for the establishment of such district.

(3) Every person who is a qualified elector of this state and who owns land within the proposed or existing district is entitled to vote at any election of a proposed or existing district on any matter concerning the organization, operation, consolidation, or dissolution of such district.

(4) (a) (I) A "qualified voter" or "qualified elector", as referred to in this article, means any registered voter or corporation owning land within the proposed or existing district, as shown by the records in the office of the appropriate county clerk and recorder, and any heir or devisee of such land of a deceased landowner.

(II) (A) A landowner who is a qualified voter or qualified elector as defined in this paragraph (a) may authorize a family member who is a registered voter and a renter or manager of the land to vote in an election on behalf of such landowner.

(B) Authorization pursuant to this subparagraph (II) shall be made prior to every election of the district.

(b) A corporation owning land within a proposed or existing district is entitled to vote if such corporation duly authorizes an agent to vote in the election in its behalf.
C.R.S. § 35-50.5-103 — CO Code / Title 35 / Article 50.5 / Section 35-50.5-103
35-50.5-103. Applicability
Status: in_force

35-50.5-103. Applicability. (1) This article shall apply to:

(a) Calves raised for veal, on and after January 1, 2012; and

(b) Gestating sows, on and after January 1, 2018.
C.R.S. § 35-23-104 — CO Code / Title 35 / Article 23 / Section 35-23-104
35-23-104. Employees of inspection service
Status: in_force

35-23-104. Employees of inspection service. Pursuant to section 13 of article XII of the state constitution, the commissioner shall employ and discharge such supervisors, deputies, inspectors, and employees as the needs of the inspection service require. Inspectors shall be experienced in the inspection of fruits, vegetables, and other agricultural products, and in commercial packing practices, and shall hold, at the time of appointment, a federal inspector's license.
C.R.S. § 35-5-118 — CO Code / Title 35 / Article 5 / Section 35-5-118
35-5-118. Right of entry
Status: in_force

35-5-118. Right of entry. All persons authorized to carry out emergency measures directed under the provisions of this article shall have free access to all public and private lands, premises, and buildings within the areas specified and are authorized to enter thereon and to perform such work and take such measures as directed without the consent of the owners thereof if the entry is reasonably necessary to actually alleviate or prevent the disaster.
C.R.S. § 35-60-112 — CO Code / Title 35 / Article 60 / Section 35-60-112
35-60-112. Penalties
Status: in_force

35-60-112. Penalties. (1) Any person violating any of the provisions of this article or who impedes, hinders, or otherwise prevents, or attempts to prevent, the commissioner or duly authorized agent in the performance of his or her duty in connection with this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, or, upon a subsequent conviction, not less than two hundred dollars nor more than five hundred dollars.

(2) Nothing in this article shall be construed to require the commissioner or agent to:

(a) Report for prosecution;

(b) Institute seizure proceedings;

(c) Issue a "stop distribution, manufacture, or use as feed" order as a result of minor violations of this article or rules promulgated pursuant thereto.

(3) It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for prosecution, the commissioner shall allow an opportunity for the alleged violator to present his or her view to the commissioner.

(4) The commissioner may apply to the court for, and the court may issue, an order for a temporary restraining order or injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule promulgated pursuant thereto, notwithstanding the existence of other remedies at law. Such temporary restraining order or injunction shall be issued without the posting of a bond.

(5) Any person who is adversely affected by acts of the commissioner or rules promulgated pursuant to this article may appeal pursuant to the procedures of article 4 of title 24, C.R.S.

(6) Any person who uses to the person's own advantage, or reveals to state officials other than the commissioner, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this article 60 concerning any methods, records, formulations, or processes that are trade secrets and entitled to protection under the law commits a petty offense; except that nothing in this subsection (6) shall be construed to prohibit the commissioner from exchanging information of a regulatory nature with duly appointed officials of the United States or other state governments who are similarly prohibited by law from revealing this information.
C.R.S. § 35-4-102 — CO Code / Title 35 / Article 4 / Section 35-4-102
35-4-102. Definitions
Status: in_force

35-4-102. Definitions. As used in this article 4, unless the context otherwise requires:

(1) "Board of county commissioners" means the public officials duly elected to that public office or their designated agents.

(2) "Commission" means the state agricultural commission created in section 35-1-105.

(3) "Commissioner" means the commissioner of agriculture or the commissioner's designated agents.

(4) "County pest inspector" means any qualified employee of a board of county commissioners employed under this article 4.

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

(6) "Eradicate" means the complete elimination of a pest and its parts capable of reproduction based on its absence.

(7) "Insect pests" means any of the small invertebrate animals in the phylum arthropoda that are injurious to plants and animals.

(8) "Joint phytosanitary program" means a federal program designed to recognize a state official control program to eradicate or contain a plant pest that is not regulated by the lead federal agency and affords equivalent protection at ports of entry for the same pest if the states where it is destined are under official control.

(9) "Local government" means a county, municipality, city and county, or pest control district.

(10) "Official control" means official actions taken by a plant pest regulatory agency to eradicate or suppress a plant pest with the goal of eliminating isolated plant pest infestations.

(11) "Permit" means a document prepared by the commissioner that authorizes the movement of regulated articles that cannot meet official quarantine requirements to a specified destination for specialized handling, utilization, or processing or for treatment.

(12) "Person" means any individual, partnership, association, corporation, or organized group of persons, whether incorporated or not.

(13) (a) "Pests" means organisms that cause harm to agriculture or natural lands.

(b) "Pests" includes insect pests, plant pests, and animal pests, except rodents, jackrabbits, and predatory animals, and includes plant diseases and weeds.

(c) For purposes of section 35-4-107, the definition of pests does not include noxious weeds.

(14) "Plant diseases" means the pathological conditions in plants caused by fungi, bacteria, viruses, nematodes, mycoplasmas, or parasitic seed plants.

(15) "Plant pest" means any living stage of a pest that can, directly or indirectly, cause disease in, spoilage of, or damage to plants, plant parts, or processed plant materials.

(16) "Plant product" means unmanufactured material of plant origin that, by the product's nature, may create a risk for the introduction and spread of pests.

(17) "Public nuisance" means a plant, plant product, conveyance, premises, or regulated article that harbors, is infested or infected with, is liable to spread, or is exposed to a plant pest, communicable or infectious disease, weed, or arthropod that may cause damage or harm to, or whose eradication, treatment, or control may benefit, persons, industries, or communities within the state, regardless of whether it may damage or harm the public generally.

(18) "Quarantine" means the official confinement of regulated articles for, regulated pests for, or organisms for inspection, testing, treatment, observation, or research.

(19) "Regulated article" means any of the following that could harbor pests: An organism, a material, a tangible object, or a substance.

(20) "Regulated nonquarantine pest" means a pest that is:

(a) Present in Colorado; and

(b) Under a mandated control program due to specific local circumstances, notwithstanding that the pest may be widely distributed in the United States.

(21) "Regulated pest" means a quarantine pest or a regulated nonquarantine pest designated by federal or state plant protection officials.

(22) "Weed" means any destructive or troublesome plant when found to be of sufficient economic importance to threaten the public welfare or affect natural resources.
C.R.S. § 35-40-110 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-110
35-40-110. Record of scalps delivered - warrant for payment
Status: repealed

35-40-110. Record of scalps delivered - warrant for payment. (Repealed)
C.R.S. § 35-7-106 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-106
35-7-106. Government lands
Status: in_force

35-7-106. Government lands. On lands which are a part of any national forest, Indian reservation, or other national reserve or public domain of the United States, or of any state reservation, or of any unoccupied or leased state lands, the control of such rodent pests shall be carried on so far as possible at the expense of the federal government on federal lands and at the expense of the state government on unoccupied or leased state lands with such cooperation with occupants, lessees, licensees, or adjacent landowners as may be available.
C.R.S. § 35-57.8-107 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-107
35-57.8-107. Duties and powers of the board
Status: in_force

35-57.8-107. Duties and powers of the board. (1) The board shall:

(a) Adopt policies concerning horse promotion in this state;

(b) Adopt an education program concerning the health, care, and welfare of horses;

(c) Develop, adopt, and implement a process to fund the activities and responsibilities of the board.

(2) The board may:

(a) Sue and be sued as a board, without individual liability, for acts of the board within the scope of the powers conferred on the board by this article;

(b) Enter into contracts that it deems appropriate to carry out the purposes of the board as authorized by this article;

(c) Appoint an advisory committee to assist the board in developing and promoting the horse industry by recommending programs, policies, and structures;

(d) Appoint subordinate officers and employees of the board and prescribe their duties and fix their compensation;

(e) Cooperate with any local, state, or nationwide organization or agency engaged in work or activities similar to that of the board and enter into contracts with the organizations or agencies for carrying out joint programs;

(f) Provide for conducting and overseeing a horse survey on the economic impact of the horse industry on this state;

(g) Adopt rules as necessary to administer and carry out the intent and purposes of this article.

(3) The board shall contract for the implementation of horse education and promotion programs with a horse industry organization that operates statewide to promote and protect the interests of the horse industry and that represents the interests of all types of horse uses and breeds. The board shall oversee the activities of the organization and the expenditure of moneys by the organization to implement the programs.
C.R.S. § 35-80-109 — CO Code / Title 35 / Article 80 / Section 35-80-109
35-80-109. Powers and duties of commissioner - rules
Status: repealed

35-80-109. Powers and duties of commissioner - 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) Minimum standards of physical facility, sanitation, ventilation, heating, cooling, humidity, spatial and enclosure requirements, nutrition, humane care, medical treatment, sterilization of dogs and cats released to prospective owners from animal shelters and pet animal rescues, and method of operation, including the minimum holding period for and disposition of stray or abandoned pet animals that are, in the opinion of the commissioner, necessary to carry out the provisions of this article; except that each holding period shall comply with section 35-80-106.3 (1);

(a.5) The minimum weight requirement for the transfer of cats;

(b) Maintenance of records concerning health care, euthanasia, and transactions involving pet animals;

(b.5) The content of, and procedures for, any written recommendations and warnings concerning rabies vaccinations that the commissioner may require a licensee to give in connection with the sale, transfer, trade, or adoption of a dog, cat, or ferret;

(b.6) Written disclosures by licensees in connection with the sale, transfer, trade, or adoption of a dog, cat, ferret, or bird and the retention by licensees of written documentation that the disclosures were made;

(c) The establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this article, including the establishment of classifications and subclassifications for any license authorized under this article;

(d) The issuance and reinstatement of any license authorized under this article and the grounds for any disciplinary actions authorized under this article, including letters of admonition or the denial, restriction, suspension, or revocation of any license authorized under this article; and

(e) (I) The amount of any license fee for a pet animal facility license. Such license fee may be different for different classifications and subclassifications of any license authorized under this article. The commissioner is authorized to determine the amount of any licensing fee authorized under this article based on the actual cost of administering and enforcing this article and any rules adopted pursuant thereto.

(II) Repealed.

(3) The commissioner is authorized to conduct hearings required under sections 35-80-112 and 35-80-113 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.

(4) The commissioner is authorized to establish the annual date or dates on which licenses and psittacine bird leg bands issued pursuant to this article shall expire.

(5) The commissioner is authorized to enter into cooperative agreements with any agency or political subdivision of this 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, and securing uniformity of rules.

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

(7) The commissioner shall appoint an advisory committee pursuant to section 35-80-115.
C.R.S. § 35-14-114 — CO Code / Title 35 / Article 14 / Section 35-14-114
35-14-114. Method of sale - special nonfood products
Status: repealed

35-14-114. Method of sale - special nonfood products. (Repealed)
C.R.S. § 35-27-104 — CO Code / Title 35 / Article 27 / Section 35-27-104
35-27-104. Scope of article
Status: in_force

35-27-104. Scope of article. (1) This article does not apply to:

(a) Seed not intended for propagation; except that screenings are subject to the requirements of section 35-27-113 (1)(e);

(b) Seed in storage in or consigned to a seed conditioning establishment for conditioning or for sale outside the state; except that:

(I) Disclosure of information concerning the holding, sale, and transportation of such seed shall be provided:

(A) On the labels attached to such seed; or

(B) Upon request; and

(II) All labeling and advertisements made regarding such seed are subject to this article;

(c) Seed sold or consigned to a merchant, if such seed is to be recleaned before it is sold for propagation; except that the seller or consignor of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;

(d) Seed of a variety not protected by the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, sold on a grower's premises and delivered to a purchaser, if such seed is: Grown on such grower's premises, not delivered by common carrier or by mail, and not commercially advertised in any way; except that such seed shall be subject to the noxious weed provisions of section 35-27-113 (2), and the grower of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;

(e) Seed brought into the state by the Colorado agricultural experiment station for experimental purposes or for storage in the USDA-ARS national center for genetic resources preservation;

(f) Any person who produces seed for such person's own use on property owned or rented by such person or such person's employer;

(g) Seed held for wholesale transactions; except that such seed shall be subject to the labeling requirements of section 35-27-105;

(h) Seed potatoes as defined in section 35-27.3-103.

(2) Any person who acts as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state shall be subject to this article.
C.R.S. § 35-53-106 — CO Code / Title 35 / Article 53 / Section 35-53-106
35-53-106. Substitution of animals - penalty
Status: in_force

35-53-106. Substitution of animals - penalty. Any person, firm, association, or corporation, or any agent or employee thereof, who ships any animals other than those described in the certificate provided by the brand inspector inspecting such animals, as provided in section 35-53-105, or who removes any of said animals and substitutes others therefor without the knowledge of said inspector commits a class 2 misdemeanor.
C.R.S. § 35-28-113.5 — CO Code / Title 35 / Article 28 / Section 35-28-113.5
35-28-113.5. Refunds of assessments - request by producer
Status: in_force

35-28-113.5. Refunds of assessments - request by producer. (1) Marketing orders issued after July 1, 1987, as well as amendments to such marketing orders and amendments to marketing orders in existence prior to July 1, 1987, which marketing orders and amendments are issued pursuant to the provisions of this article and which directly affect producers, may contain provisions for refunds of assessments or for refunds of portions of assessments. Any marketing order or amendment which contains such a provision shall not become effective unless and until the commissioner determines that the issuance of such order is approved and favored by at least a simple majority of the producers who participated in a referendum on the question of its approval and who, during such representative period, have produced for market the commodities specified therein in commercial quantities within the production area specified in such marketing agreement or order. Only the assessment or assessment raise or raises approved by a simple majority of the producers as provided in this subsection (1) or that portion of the assessment or assessment raise which is actually levied by the commissioner shall be subject to the provisions of this section.

(2) A producer may request a refund of assessments or a refund of a portion of assessments within thirty days after payment of such assessments. The commissioner shall promulgate such rules and regulations as are necessary for the implementation of this section.
C.R.S. § 35-43-130 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-130
35-43-130. Cattle in feedlots
Status: in_force

35-43-130. Cattle in feedlots. (1) A Colorado brand inspector shall inspect all cattle entering a Colorado custom feedlot for feeding under a custom contract if the cattle are not accompanied by a brand certificate or valid documentation of purchase listing all brands, or no brands. In addition, all cattle entering Colorado for grazing purposes under a leased grazing agreement, owned by a nonresident, shall also be inspected by a duly authorized Colorado brand inspector. The brand inspector shall issue a certificate of inspection to the proven owner and a copy of such certificate to the custom feedlot operator or ranch manager after ownership is established and before the cattle are mixed with any other cattle or turned loose for grazing. Upon completion of the inspection, said inspector shall collect an inspection fee in the amount prescribed by the state board of stock inspection commissioners pursuant to section 35-41-104. If the cattle are carrying more than two consistent brands, the owner shall mark or brand all of his cattle with the same brand, with one of the two existing brands, with a brand of valid registry of the owner, with an ear tag specifically identifying each animal to a specific feedlot, or otherwise identify the cattle as prescribed by the board. Evidence of this brand or permanent mark shall be shown on the certificate of inspection in addition to brands or no brands found on the inspected cattle for future reference of valid proven ownership. When ear tags are utilized, each ear tag shall be legible and at least one inch in height and two inches in width.

(2) Any lessee, lessor, commercial feedlot owner, or established livestock owner who violates any of the provisions of this section commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 35-44-114 — CO Code / Title 35 / Article 44 / Section 35-44-114
35-44-114. Disputed ownership - animal deemed not alternative livestock
Status: in_force

35-44-114. Disputed ownership - animal deemed not alternative livestock. In any instance where the board determines that an animal is not an alternative livestock, any dispute as to ownership shall be decided by the parks and wildlife commission created in section 33-9-101, C.R.S.
C.R.S. § 35-75-105 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-105
35-75-105. Organization meeting - chairman - personnel - surety bond - conflict of interest
Status: in_force

35-75-105. Organization meeting - chairman - personnel - surety bond - conflict of interest. (1) (a) The member of the board appointed by the governor shall call and convene the initial organizational meeting of the board and shall serve as its chairman pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the election or appointment of officers, the delegation of certain powers and duties, and such other matters as the authority deems proper. At such meeting, and annually thereafter, the board shall elect one of its members as chairman and one as vice-chairman.

(b) The authority shall appoint an executive officer and such other personnel as it deems necessary, including an associate executive officer, who shall not be members of the board and who shall serve at its pleasure. They shall receive such compensation for their services as determined by the board.

(2) The executive officer, the associate executive officer, or any other person designated by the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board, the minute books or journal of the board, and its official seal. Said executive officer, associate executive officer, or other person may cause copies to be made of all minutes and other records and documents of the board and may give certificates under the official seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates.

(3) The board may delegate, by resolution, to one or more of its members or to its executive officer or associate executive officer such powers and duties as it may deem proper.

(4) Before the issuance of any bonds under this article, the executive officer and associate executive officer shall each execute a surety bond in the sum of one hundred thousand dollars, and each member of the board shall execute a surety bond in the sum of fifty thousand dollars or, in lieu thereof, the chairman of the board shall execute a blanket bond covering each member of the board, the executive officer, the associate executive officer, and the employees of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office covered, to be executed by a surety authorized to transact business in this state as surety. The cost of each such bond shall be paid by the authority.

(5) No part of the revenues or assets of the authority shall inure to the benefit of, or be distributed to, its members or officers or any other private persons or entities.

(6) The authority and its corporate existence shall continue until terminated by law; except that no such law shall take effect so long as the authority has bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment thereof. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations shall pass to and be vested in the state.
C.R.S. § 35-11.5-113 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-113
35-11.5-113. Organic certification fund - transfer of moneys to plant health, pest control, a
Status: in_force

35-11.5-113. Organic certification fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) All fees and penalties 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 organic certification 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. 318, § 10, effective July 1, 2009.)
C.R.S. § 35-80-112 — CO Code / Title 35 / Article 80 / Section 35-80-112
35-80-112. Disciplinary actions - denial of license - definition
Status: in_force

35-80-112. Disciplinary actions - denial of license - definition. (1) The commissioner, pursuant to the provisions of article 4 of title 24, may issue letters of admonition or deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article 80 if the applicant or licensee:

(a) Has refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the commissioner;

(b) Has been convicted of a local, state, or federal offense involving the theft, importation, capture, neglect, or abuse of an animal; or cruelty to animals as defined in article 9 of title 18; or any similar statute of any other state;

(c) Has had an equivalent license denied, revoked, or suspended by any authority;

(d) Has refused to provide the commissioner with reasonable, complete, and accurate information regarding the care of animals when requested by the commissioner; or

(e) Has falsified any information requested by the commissioner.

(2) In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.

(3) No licensee whose license has been revoked may apply or reapply for a license under this article 80 until two years after the date of the revocation. The two-year period of ineligibility also applies to a principal, officer, director, manager, or any other person who has substantial control or authority over the daily operations of the entity, whether the person applies individually or as a principal, officer, director, manager, or other person who has or would have substantial control or authority over the daily operations of the same or a different entity.

(4) As used in this section, "convicted" means having entered a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, or a plea of no contest, accepted by the court, or having received a verdict of guilty by a judge or jury.
C.R.S. § 35-80-111 — CO Code / Title 35 / Article 80 / Section 35-80-111
35-80-111. Enforcement
Status: in_force

35-80-111. Enforcement. (1) The commissioner or the commissioner's 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 promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, he or she may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule promulgated 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 cease forthwith. At any time after service of the order to cease and desist, the person may request, at such person's discretion, 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.

(b) 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 for injunctive relief to prevent any further or continued violation of this article.

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

(3) Whenever the commissioner possesses sufficient evidence satisfactorily indicating 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 any rule adopted under this article, the commissioner 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 or order issued 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. § 35-80-101 — CO Code / Title 35 / Article 80 / Section 35-80-101
35-80-101. Short title
Status: in_force

35-80-101. Short title. This article shall be known and may be cited as the "Pet Animal Care and Facilities Act".
C.R.S. § 35-65-302 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-302
35-65-302. Resolution
Status: in_force

35-65-302. Resolution. (1) Any resolution authorizing the issuance of bonds under the terms of this part 3 shall:

(a) State the date of issuance of the bonds;

(b) State a maturity date or dates during a period not to exceed thirty years from the date of issuance of the bonds;

(c) State the interest rate or rates on, and the denomination or denominations of, the bonds;

(d) State the form of the bond, whether bearer or registered;

(e) State the medium of payment of the bonds and the place where the bonds will be paid.

(2) Any resolution authorizing the issuance of bonds under the terms of this part 3 may:

(a) State that the bonds are to be issued in one or more series;

(b) State a rank or priority of the bonds;

(c) Provide for redemption of the bonds prior to maturity, with or without premium.
C.R.S. § 35-27-110 — CO Code / Title 35 / Article 27 / Section 35-27-110
35-27-110. Seed records and samples
Status: in_force

35-27-110. Seed records and samples. Each person whose name appears on a label on a seed container as a handler of the seed in such container shall keep complete records as prescribed by the commissioner concerning the origin, sale, shipping, and disposition of such seed and shall keep or arrange to have kept a file sample of such seed for a period of at least two years after final disposition of such seed. All such records and samples shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours. Records required pursuant to this section shall be in addition to any record kept pursuant to section 35-27-112.
C.R.S. § 35-23-102 — CO Code / Title 35 / Article 23 / Section 35-23-102
35-23-102. Responsible officer
Status: in_force

35-23-102. Responsible officer. The inspection in this state of fruits, vegetables, and other agricultural products, and the classification of grades thereof, shall be under the direction and control of the commissioner of agriculture.
C.R.S. § 35-51-102 — CO Code / Title 35 / Article 51 / Section 35-51-102
35-51-102. Penalty for violation
Status: in_force

35-51-102. Penalty for violation. It is unlawful to manufacture or sell animal biological products as defined in section 35-51-101, except in compliance with the provisions of this article 51, and any person, firm, or corporation violating the provisions of this article 51 commits a class 2 misdemeanor.
C.R.S. § 35-26-112 — CO Code / Title 35 / Article 26 / Section 35-26-112
35-26-112. Delegation of duties
Status: in_force

35-26-112. Delegation of duties. The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
C.R.S. § 35-12-107 — CO Code / Title 35 / Article 12 / Section 35-12-107
35-12-107. County tonnage reports
Status: repealed

35-12-107. County tonnage reports. (Repealed)
C.R.S. § 35-60-115 — CO Code / Title 35 / Article 60 / Section 35-60-115
35-60-115. Publications
Status: in_force

35-60-115. Publications. The commissioner shall publish at least annually, in such form as he or she may deem proper and in accordance with the provisions of section 24-1-136, C.R.S., information concerning the sales of commercial feeds, together with such data on their production and use as the commissioner may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses on the label, but the information concerning production and use of commercial feeds shall not disclose the operations of any person.
C.R.S. § 35-40-114 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-114
35-40-114. Acts constituting violation
Status: repealed

35-40-114. Acts constituting violation. (Repealed)
C.R.S. § 35-27.5-107 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-107
35-27.5-107. Penalties
Status: in_force

35-27.5-107. Penalties. Any person who intentionally violates any provision of this article 27.5 or the rules or regulations promulgated pursuant to section 35-27.5-103 commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 35-36-308 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-308
35-36-308. Records of dealers
Status: in_force

35-36-308. Records of dealers. (1) Every dealer handling farm products for a consignor having received any farm products on commission for sale shall promptly make and keep a correct record, showing in detail the following with reference to the handling, sale, or storage of the farm products:

(a) The name and address of the consignor;

(b) The date received;

(c) The condition and quantity upon arrival;

(d) The date of the sale for the account of the consignor;

(e) The price for which sold;

(f) An itemized statement of the charges to be paid by the consignor in connection with the sale;

(g) The names and addresses of the purchasers if the dealer has a financial interest in the business of the purchasers or if the purchasers have a financial interest in the business of the dealer, directly or indirectly, as a holder of the other's corporate stock, as a copartner, as a lender or borrower of money to or from the other, or in any other capacity;

(h) A lot number or other identifying mark for each consignment, which number or mark must appear on all sales tags or other essential records needed to show what the product actually sold for; and

(i) Any claims that have been or may be filed by the dealer against any person for overcharges or for damages resulting from the injury or deterioration of the farm products by the act, neglect, or failure of the person. The dealer shall make the records available for inspection by the commissioner and the consignor for whom the claims are made.
C.R.S. § 35-53.5-104 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-104
35-53.5-104. Delegation of duties - cooperative agreements
Status: in_force

35-53.5-104. Delegation of duties - cooperative agreements. (1) The powers and duties vested in the board by this article may be delegated to qualified employees and agents, including without limitation the brand commissioner and brand inspectors.

(2) The department may receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions.
C.R.S. § 35-70-101 — CO Code / Title 35 / Article 70 / Section 35-70-101
35-70-101. Short title
Status: in_force

35-70-101. Short title. This article shall be known and may be cited as the "Colorado Soil Conservation Act".
C.R.S. § 35-57-102 — CO Code / Title 35 / Article 57 / Section 35-57-102
35-57-102. Legislative declaration
Status: in_force

35-57-102. Legislative declaration. (1) It is declared to be in the interest of the public welfare that owners of cattle shall be authorized and encouraged to act jointly and in cooperation with handlers, processors, dealers, and purchasers of cattle in promoting and stimulating, by research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of cattle and beef products; and it is the intent and purpose of this article to authorize and provide a method and procedure for a promotional program for the cattle industry and the financing thereof pursuant to the powers of the general assembly as authorized by law. It is further declared that the cattle industry of this state is affected with a public interest in that, among other things:

(a) The production, processing, handling, purchasing, manufacturing, and distributing of beef and beef products constitutes a paramount industry of this state which not only provides substantial and required revenues for the state and its political subdivisions and employment and a means of livelihood for many thousands of its population but also furnishes essential foods that are vital to the public health and welfare.

(b) Stabilization, maintenance, and expansion of the cattle industry of Colorado and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet, to protect, for the state and its political subdivisions, a necessary source of tax revenue, to provide and maintain an adequate standard of living for a great segment of the population of this state, to maintain proper wage scales for those engaged in the cattle industry, and to maintain existing employment.

(c) The essentiality of beef and beef products in proper human nutrition and to the maintenance of a high level of public health is such as to require that the public be made thoroughly aware thereof and be protected against misrepresentation and deception by the dissemination of accurate and scientific information relative to the healthful qualities of beef and beef products, their various classifications, the food values, and industrial and medicinal uses thereof; the methods, care, and precautions necessary to their proper production, processing, manufacture, and distribution; the necessary costs and expenses thereof; and the necessity and desirability on the part of the public of using and consuming beef and beef products of the highest standards of quality.

(2) The purposes of this article are:

(a) To enable the cattle industry, with the aid of the state, to protect their right to market, to develop, maintain, and expand the state, nationwide, and foreign markets for beef and beef products produced, processed, or manufactured in this state, and the use and the consumption of such beef and beef products therein;

(b) In aid, but not in limitation, of the purpose in paragraph (a) of this subsection (2), to authorize and enable the board to formulate and effectuate, directly or in cooperation with other agencies and instrumentalities specified in this article, sales stimulation and consumer or other educational programs designed to increase the use and consumption of beef and beef products;

(c) To provide funds for the administration and enforcement of this article by contributions or fees in the event the federal cattlemen's beef promotion and research board, established in 7 U.S.C. sec. 2904 (1), ceases to exist. Such moneys shall be collected in the manner prescribed in this article.
C.R.S. § 35-12-113 — CO Code / Title 35 / Article 12 / Section 35-12-113
35-12-113. Publications
Status: in_force

35-12-113. Publications. The commissioner shall publish at least annually, in such form as the commissioner deems proper, information concerning the sales of commercial fertilizers, soil conditioners, and plant amendments, together with such data on their production and use as the commissioner considers advisable, and a report of the results of the analyses based on official samples of commercial fertilizers, soil conditioners, and plant amendments sold within the state as compared with the analyses guaranteed under sections 35-12-103 (14), 35-12-104, and 35-12-105. Information concerning the sale, production, and use of commercial fertilizers, soil conditioners, and plant amendments shall not identify or otherwise disclose the operations of any person.
C.R.S. § 35-9-104 — CO Code / Title 35 / Article 9 / Section 35-9-104
35-9-104. Exemptions
Status: in_force

35-9-104. Exemptions. (1) The provisions of this article shall not apply to:

(a) Any carrier while lawfully engaged in transporting a pesticide or device within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the transactions regarding and the movement of the pesticide or device;

(b) Public officials of this state and the federal government engaged in the performance of their official duties except as specifically required by this article; or

(c) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of any agency of this state or of the federal government authorized by law to conduct research in the field of pesticides.

(2) No pesticide or device shall be deemed in violation of this article when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all provisions of this article shall apply.
C.R.S. § 35-52-113 — CO Code / Title 35 / Article 52 / Section 35-52-113
35-52-113. Garbage cooking
Status: in_force

35-52-113. Garbage cooking. (1) It is unlawful for any person, firm, partnership, or corporation, including eleemosynary institutions, to feed garbage to animals unless such garbage has been heated throughout to boiling or equivalent temperature for thirty minutes or heated according to a method specifically promulgated by the state agricultural commission; but this requirement shall not apply to an individual who feeds to his own animals only the garbage obtained from his household.

(2) Garbage to be fed to swine located within the state of Colorado shall be cooked or heated as provided in subsection (1) of this section by one or more of the following methods:

(a) Wet steaming or boiling in an open vat;

(b) Dry steaming or boiling in a jacketed kettle;

(c) Steaming in a pressure cylinder;

(d) Steam boilers; or

(e) Direct heating.
C.R.S. § 35-21-206 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-206
35-21-206. Penalty
Status: in_force

35-21-206. Penalty. (1) If a farm owner or operator or business owner or operator violates this part 2, the commissioner may impose a civil penalty not to exceed one thousand dollars per violation.

(2) If the commissioner is unable to collect a civil penalty or if a farm owner or operator or business owner or operator fails to pay any portion of a civil penalty imposed under this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by an action in a court.

(3) The commissioner shall not impose a civil penalty unless the person charged is given notice and opportunity for a hearing in accordance with article 4 of title 24.
C.R.S. § 35-11.5-116 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-116
35-11.5-116. Accreditation
Status: in_force

35-11.5-116. Accreditation. The commissioner shall seek accreditation from the secretary and shall create and submit a plan for the establishment of a state organic certification program to the secretary for approval pursuant to 7 U.S.C. sec. 6507.
C.R.S. § 35-61-104.5 — CO Code / Title 35 / Article 61 / Section 35-61-104.5
35-61-104.5. Research - certified seed program - fees
Status: repealed

35-61-104.5. Research - certified seed program - fees. (Repealed)