C.R.S. § 35-9-122 — CO Code / Title 35 / Article 9 / Section 35-9-122
35-9-122. Denial - suspension - revocation
Status: in_force

35-9-122. Denial - suspension - revocation. (1) The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition, or deny, refuse to renew, suspend, or revoke any pesticide or device registration or any pesticide dealer license if the applicant, holder of the registration, 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 felony for an offense related to conduct regulated by this article;

(c) Has used fraud or deception in the procurement or attempted procurement of any registration or license authorized under this article, or the renewal thereof;

(d) Has failed to comply with a lawful order of the commissioner;

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

(f) Has been adjudicated a violator or has committed a violation of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended; except that a consent decree entered into with the environmental protection agency shall not be considered a violation of such act unless an order from the regional administrator of the environmental protection agency or the consent decree shall specifically state that a violation has occurred;

(g) Has refused to provide the commissioner with reasonable, complete, and accurate information regarding methods or materials used or work performed when requested by the commissioner; or

(h) 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 or holder of a registration 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(3) No licensee whose license has been revoked may apply or reapply for a license under this article until two years from the date of such revocation.
C.R.S. § 35-77-105 — CO Code / Title 35 / Article 77 / Section 35-77-105
35-77-105. Produce safety - rules
Status: in_force

35-77-105. Produce safety - rules. The commissioner shall promulgate rules adopting 21 CFR 112 for produce safety standards for farms.
C.R.S. § 35-57.5-103 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-103
35-57.5-103. Definitions
Status: in_force

35-57.5-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Authority" means the Colorado sheep and wool authority created by section 35-57.5-104 (1).

(1.5) "Board" or "sheep and wool board" means the Colorado sheep and wool board.

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

(3) "Feeder" means a person who commercially feeds sheep that are purchased from producers or fed for producers on a contract basis.

(4) "Handler" means a person who buys, ships, commercially feeds, processes, or distributes sheep that have been sold by or on behalf of a producer or that have been purchased or otherwise acquired from a producer. "Handler" includes a producer who buys, ships, commercially feeds, processes, or distributes such producer's own sheep.

(5) "Producer" means a person who raises or breeds sheep or produces wool from sheep.
C.R.S. § 35-57.5-110 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-110
35-57.5-110. Expenses of members, alternates, and employees
Status: in_force

35-57.5-110. Expenses of members, alternates, and employees. Members, alternates, officers, and employees of the board may receive compensation for actual and necessary travel and other actual expenses incurred in the performance of their official duties. The board shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
C.R.S. § 35-66-103 — CO Code / Title 35 / Article 66 / Section 35-66-103
35-66-103. Wild horse project report - repeal
Status: repealed

35-66-103. Wild horse project report - repeal. (1) On or before January 31, 2024, and on or before January 31 of each year thereafter, the department shall submit a written report to the governor and the appropriate committees of reference as determined in accordance with section 2-7-203 (1). The department shall also present the report to the appropriate joint committee of reference, in accordance with section 2-7-203 (2), as part of the department's "SMART Act" hearing. The report must include a description of the money spent, grants made, and actions taken to implement this article 66, including the number of horses treated under the fertility control program, the number of foals born the prior year in each herd management area, and the actions taken and accomplished in accordance with the stewardship program.

(2) This section is repealed, effective December 31, 2027.
C.R.S. § 35-70-106 — CO Code / Title 35 / Article 70 / Section 35-70-106
35-70-106. Creation of district - certification
Status: in_force

35-70-106. Creation of district - certification. Within sixty days after the holding of such election, if more than a majority of the votes cast are for organization of such proposed district, the state board shall certify to the division of local government in the department of local affairs a statement of such election and the result thereof, together with a map or plat showing the area included within such district. The director of said division shall thereupon execute and deliver to the state board a certificate declaring the area within the boundaries of such district to be a lawful conservation district under its name as shown in the records, and thereafter such district shall be a public body corporate and a political subdivision of the state of Colorado and shall have all the powers and duties imposed upon such districts under the provisions of this article. Because the district is a political subdivision of the state, the property of such district, both real and personal, shall be exempt from taxation pursuant to section 4 of article X of the state constitution.
C.R.S. § 35-44-102 — CO Code / Title 35 / Article 44 / Section 35-44-102
35-44-102. Taking up estrays - notice
Status: in_force

35-44-102. Taking up estrays - notice. No person shall take into his custody an estray animal unless the same is found trespassing upon lands owned, leased, or otherwise controlled by him. The state board of stock inspection commissioners or an authorized brand inspector representing said board has authority to move such estray animal to a safe and practical place within the immediate vicinity to be held during the legal advertising period. When any person takes into his custody an estray, within five days thereafter he shall make out a written description of such animal, setting forth all marks or brands appearing upon such animal and other marks of identity, such as color, age, size, sex, and possible owner, and forward the same by mail to the state board of stock inspection commissioners in Denver or notify the nearest authorized brand inspector. Any person having knowledge of any estray animal upon the public range may notify the state board of stock inspection commissioners, or any authorized brand inspector of said board, giving a description of said estray, and upon instructions from the board of stock inspection commissioners, or from an authorized inspector of the board, said estray shall be held by such person to be turned over to a duly authorized inspector of said board for disposition as the board may direct according to law.
C.R.S. § 35-24.5-106 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-106
35-24.5-106. Rules
Status: in_force

35-24.5-106. Rules. (1) To carry out the provisions of this article, the board is authorized to consider and recommend to the commissioner appropriate rules to be promulgated pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:

(a) Fees to fund all direct and indirect costs of the administration and enforcement of this article;

(b) Standards applicable to products of cultured aquatic stock offered for sale; and

(c) The establishment of standards for and certification of private aquaculture facilities, which may include standards for commercial aquaculturists.

(2) Nothing in this section diminishes or supersedes the authority of the division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
C.R.S. § 35-27-119 — CO Code / Title 35 / Article 27 / Section 35-27-119
35-27-119. Embargo
Status: in_force

35-27-119. Embargo. (1) (a) This section shall apply if the commissioner finds or has reasonable cause to believe that any seed is:

(I) (A) Adulterated or misbranded; or

(B) Not labeled pursuant to this article; and

(II) (A) In violation of any provision of this article or any rule or regulation adopted pursuant to this article;

(B) From an unregistered seed labeler;

(C) For sale or has been sold by an unregistered retail seed dealer; or

(D) Has been distributed by an unregistered custom seed conditioner.

(b) The commissioner shall conduct an investigation to determine if a violation of paragraph (a) of this subsection (1) has occurred.

(2) If paragraph (a) of subsection (1) of this section applies, the commissioner shall affix to the seed in question labeling to give notice that:

(a) The seed violates this article; and

(b) The seed is embargoed; and

(c) No person may remove or dispose of such seed by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.

(3) If the commissioner determines that embargoed seed is not adulterated or mislabeled, the commissioner shall remove the labeling attached pursuant to subsection (2) of this section.

(4) The owner of seed embargoed under this section may correct any violation found by the commissioner within thirty days after the embargo of such seed. If the violation is not corrected within thirty days, the commissioner may petition a court of competent jurisdiction to condemn such seed.

(5) (a) If a court finds that embargoed seed is in violation of this article, such seed shall, after entry of such court's decree, be destroyed at the expense of the owner, claimant, or custodian thereof, under the supervision of the commissioner, and all court costs, attorney fees, storage fees, and other reasonable and proper expenses shall be assessed against the owner, claimant, or custodian of such seed.

(b) If adulteration or mislabeling of embargoed seed may be corrected by proper conditioning or labeling, the court, after entry of such court's decree and if costs, attorney fees, storage fees, and expenses are paid and a good and sufficient bond is secured by the owner, claimant, or custodian of such seed, may order that such seed be delivered to the owner, claimant, or custodian for corrective labeling or conditioning. Any such corrective labeling or conditioning shall be conducted under the supervision of the commissioner. The expense of such supervision shall be paid by such owner, claimant, or custodian. The seed shall be returned to its owner, claimant, or custodian when the seed no longer violates this article and the expenses of such supervision have been paid. The commissioner shall inform the court of compliance by the owner, claimant, or custodian of the seed.
C.R.S. § 35-4-104 — CO Code / Title 35 / Article 4 / Section 35-4-104
35-4-104. County pest inspectors
Status: in_force

35-4-104. County pest inspectors. The persons who may be employed under this article, aside from employees of the department of agriculture, shall be county pest inspectors and their deputies, who shall be appointed by the board of county commissioners of the county where they are to serve and receive their pay. The board of county commissioners of any county when petitioned by not less than fifty landowners of the county shall appoint a county pest inspector at its next regular board meeting.
C.R.S. § 35-42-109 — CO Code / Title 35 / Article 42 / Section 35-42-109
35-42-109. Protection of animals mistreated, neglected, or abandoned
Status: in_force

35-42-109. Protection of animals mistreated, neglected, or abandoned. (1) No animal shall be mistreated or neglected to such degree or abandoned in any circumstance so that the animal's life or health is endangered.

(2) (a) The commissioner may take charge of, provide for, or remove from the area or building where found any companion animal found to be mistreated or neglected to such degree or abandoned in any circumstance so that the animal's life or health is endangered. The commissioner shall petition any court of competent jurisdiction for a prompt hearing to determine whether the owner, if known, is able to adequately provide for the animal and is a fit person to own the animal.

(b) Pursuant to court order, the commissioner may take charge of, provide for, or remove from the area or building where found any livestock found to be mistreated or neglected to such degree or abandoned in any circumstance so that the animal's life or health is endangered. The commissioner shall petition any court of competent jurisdiction for a prompt hearing to determine whether the owner, if known, is able to adequately provide for the animal and is a fit person to own the animal.

(3) (a) The commissioner shall cause to be served upon the owner:

(I) If the owner is known and residing within the jurisdiction wherein the animal is found, written notice at least five days prior to the hearing of the time and place of the hearing;

(II) If the owner is known but residing out of the jurisdiction where such animal is found or if the commissioner is unable after reasonable attempts to serve the owner, written notice by any method, including posting at least five days prior to the hearing at a place provided for public notices in the jurisdiction wherein such hearing shall be held, or service of process shall be given.

(b) If the owner is not known, the commissioner shall cause to be published, in a newspaper of general circulation in the jurisdiction wherein such animal is found, notice of the hearing, and shall further cause notice of the hearing to be posted at a place provided for public notices in the jurisdiction wherein such hearing shall be held, at least five days prior to the hearing.

(4) Such hearing shall be held promptly after the date of the seizure of the animal.

(5) (a) The commissioner may, in his discretion, provide for such animal until judgment by the court.

(b) The court may order the animal sold and the proceeds deposited in the registry of the court pending a decision.

(c) The court may adjudge that the owner is a person able to adequately provide for such animal and a person fit to own the animal, in which case the animal shall be returned to the owner after all reasonable expenses of any food, shelter, and care provided by the commissioner have been paid; except that, if such expenses are not paid within ten days of a court order adjudging the owner a person able to adequately provide for such animal and a person fit to own the animal, the commissioner may, in his discretion and without liability, dispose of the animal by selling it at public auction, placing it for adoption in a suitable home, giving it to a suitable animal shelter, or humanely destroying it as deemed proper by the commissioner.

(d) With respect to the sale of an animal, the proceeds shall first be applied to the costs of the sale and then to the expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, any remaining proceeds shall be paid into the estray fund, created pursuant to section 35-41-102.

(e) At least six days prior to disposing of the animal, the commissioner shall provide written notice to the owner at his last-known address of the time and place of the disposition of the animal.

(6) (a) If the owner is adjudged by the court a person unable to adequately provide for the animal or a person not fit to own the animal, then the court shall order that the animal be:

(I) Sold by the commissioner at public auction;

(II) Placed for adoption in a suitable home;

(III) Given to a suitable animal shelter;

(IV) Humanely destroyed as deemed proper by the court; or

(V) Disposed of in any other manner as deemed proper by the court.

(b) In no case shall the person adjudged unable to adequately provide for the animal or unfit to own the animal be allowed to purchase directly or indirectly the animal at any sale.

(c) With respect to the sale of an animal, the proceeds shall first be applied to the costs of the sale and then to the expenses for the care and provision of the animal, with the remaining proceeds, if any, being paid over to the owner of the animal. If the owner of the animal cannot be found, any remaining proceeds shall be paid into the estray fund, created pursuant to section 35-41-102.

(7) Nothing in this section shall be construed to prohibit the destruction of an animal as provided in section 35-42-110.

(8) Any officer or agent of the bureau may lawfully interfere to prevent the perpetration of an act of mistreatment, neglect, abandonment, or cruelty, pursuant to part 2 of article 9 of title 18, C.R.S., which act occurs in his presence.
C.R.S. § 35-43-107 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-107
35-43-107. Recording by county clerk and recorder
Status: in_force

35-43-107. Recording by county clerk and recorder. It is unlawful for the county clerk and recorder of any county in this state to record any brand, unless previously recorded in the office of the state board of stock inspection commissioners.
C.R.S. § 35-72-101.5 — CO Code / Title 35 / Article 72 / Section 35-72-101.5
35-72-101.5. Definitions
Status: in_force

35-72-101.5. Definitions. As used in this article, unless the context otherwise requires:

(1) "Board" means a board of county commissioners.

(2) "District" means a conservation district formed under the provisions of article 70 of this title.

(3) "Occupier" means any person, firm, any unit of state government or any agency of the state or federal government, or corporation, other than the owner, who is in lawful possession of any land within the county, whether as lessee, renter, tenant, or otherwise.

(4) "Owner" means any person, firm, or agency of state or federal government or unit of state government in whom is vested the ownership, dominion, or title of the property, and is recognized and held responsible by the law as owner of the property.
C.R.S. § 35-5.5-112 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-112
35-5.5-112. Public rights-of-way - management of noxious weeds - charges
Status: in_force

35-5.5-112. Public rights-of-way - management of noxious weeds - charges. It shall be the duty of each local governing body and each state board, department, or agency to confirm that all public roads, public highways, public rights-of-way, and any easements appurtenant thereto, under the jurisdiction of each such entity, are in compliance with this article, and any violations of this article shall be the financial responsibility of the appropriate local governing body or state board, department, or agency.
C.R.S. § 35-7-201 — CO Code / Title 35 / Article 7 / Part 2 / Section 35-7-201
35-7-201. Control and eradication of rodents
Status: in_force

35-7-201. Control and eradication of rodents. (1) The boards of county commissioners of the several counties of this state are authorized to purchase materials and equipment and to employ one or more suitable persons to destroy jackrabbits, prairie dogs, ground squirrels, or other injurious rodents within the limits of their respective counties. Any materials and equipment so purchased and compensation for such services shall be paid out of the general fund or a specially designated fund of such county.

(2) The boards of county commissioners of the several counties of this state are authorized to levy such taxes as are necessary to pay the obligations for rodent control work as authorized under this section and to put into operation any plan of procedure for the eradication of such rodent pests within their jurisdictions as in their discretion is deemed advisable; except that control operations under the provisions of this section shall be in accordance with the approved procedure of the federal agency. The boards of county commissioners may solicit cooperation from the state board of stock inspection commissioners and the federal agency for the conduct of such rodent control work and may enter into cooperative agreements with the board of stock inspection commissioners and the federal agency for the furtherance of the rodent control work authorized under this section.
C.R.S. § 35-50.5-101 — CO Code / Title 35 / Article 50.5 / Section 35-50.5-101
35-50.5-101. Definitions
Status: in_force

35-50.5-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Calf raised for veal" means a member of the bovine species kept for the purpose of producing the food product known as veal.

(2) "Farrowing" means the process of a gestating sow giving birth to offspring.

(3) "Farrowing unit" means a structure in which a single gestating sow is kept immediately prior to and during farrowing for the purposes of providing care to the sow and the sow's offspring.

(4) "Gestating sow" means a confirmed pregnant member of the porcine species.

(5) "Person" shall have the meaning set forth in section 2-4-401, C.R.S.
C.R.S. § 35-25-112 — CO Code / Title 35 / Article 25 / Section 35-25-112
35-25-112. Injunctive relief
Status: in_force

35-25-112. Injunctive relief. The commissioner may institute an action to enjoin any violation of this article or any rule or regulation promulgated under this article. A violation of this article or any rule or regulation promulgated pursuant thereto is declared to constitute a public nuisance. Such action for injunction may be maintained notwithstanding the existence of other legal remedies and notwithstanding the pendency or successful completion of a criminal prosecution. 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. § 35-10-125 — CO Code / Title 35 / Article 10 / Section 35-10-125
35-10-125. Advisory committee
Status: repealed

35-10-125. Advisory committee. (1) The state agricultural commission created by section 35-1-105 shall appoint an advisory committee of fifteen members to advise the commissioner on agricultural, human health, environmental, wildlife, worker safety, and other matters regarding the use of pesticides in Colorado and to assist the commissioner in promulgating rules to carry out this article.

(2) The committee is a state public body, as that term is defined in section 24-6-402 (1)(d), C.R.S., and consists of the following members:

(a) A formulator, or his Colorado representative, actively engaged in the sale of pesticides in Colorado;

(b) A commercial applicator, licensed under this article, who is actively engaged in the commercial application of pesticides for the control of agricultural crop pests;

(c) A commercial applicator, licensed under this article, who is actively engaged in the commercial application of pesticides for the control of turf or ornamental pests;

(d) A commercial applicator, licensed under this article, who is actively engaged in the application of pesticides for the control of structural pests;

(e) A qualified supervisor, employed by a limited commercial applicator registered under this article, who is actively engaged in the application of pesticides;

(f) Two representatives from public applicators registered under this article, each of whom shall be an elected official or a designee thereof;

(g) A representative from Colorado state university agricultural experiment station or extension service;

(h) Two representatives from the Colorado department of public health and environment, both of whom have expertise in either:

(I) Human health with respect to toxicology, pest-related disease vectors, and epidemiology;

(II) Hazardous materials and food safety;

(III) Air pollution and hazardous pesticide air pollutants; or

(IV) Water pollution and agricultural activities;

(i) Two representatives from the general public, one of whom is actively engaged in urban agricultural production;

(j) A member of a state or national apiary or beekeeper association who is currently active in apiary management and who is either an elected official of or a designee of the association;

(k) A representative from the agricultural sector who is a worker, as that term is defined in 40 CFR 170.3; and

(l) A representative from the agricultural sector who is actively engaged in organic agricultural production.

(3) All members of the advisory committee, with the exception of the formulator, shall be residents of this state.

(4) Each member of the committee serves a term of three years and may serve a maximum of two consecutive terms on the committee; except that a committee member appointed pursuant to subsection (2)(g) or (2)(h) of this section may serve unlimited terms for the duration of the committee member's employment by the agency that the committee member represents.

(5) Members of the advisory committee shall receive no compensation but shall be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of such committee.

(6) Repealed.
C.R.S. § 35-5.5-109 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-109
35-5.5-109. Private lands - management of noxious weeds - charges
Status: in_force

35-5.5-109. Private lands - management of noxious weeds - charges. (1) The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of inspecting for the existence of noxious weed infestations, when at least one of the following circumstances has occurred:

(a) The landowner or occupant has requested an inspection;

(b) A neighboring landowner or occupant has reported a suspected noxious weed infestation and requested an inspection; or

(c) An authorized agent of the local government has made a visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.

(2) (a) No entry upon any premises, lands, or places shall be permitted until the landowner or occupant has been notified by certified mail that such inspection is pending. Where possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant.

(b) If after receiving notice that an inspection is pending the landowner or occupant denies access to the inspector of the local governing body, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body, through its agent or employee, of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being or has been violated; that the occupant or landowner has denied access to the inspector; and a general description of the location of the affected land. No landowner or occupant shall deny access to such land when presented with an inspection warrant.

(3) The local governing body of the county or municipality having jurisdiction over private lands upon which noxious weeds are found shall have the authority, acting directly or indirectly through its agent or staff, to notify the landowner or occupant of such lands, advising the landowner or occupant of the presence of noxious weeds. Said notice shall name the noxious weeds, advise the landowner or occupant to manage the noxious weeds, and specify the best available control methods of integrated management. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the management of noxious weeds on the premises or lands.

(4) (a) Within a reasonable time after receipt of notification, which at no time shall exceed ten days, the landowner or occupant shall either:

(I) Comply with the terms of the notification;

(II) Acknowledge the terms of the notification and submit an acceptable plan and schedule for the completion of the plan for compliance; or

(III) Request an arbitration panel to determine the final management plan.

(b) The arbitration panel selected by the local governing body shall be comprised of a weed management specialist or weed scientist, a landowner of similar land in the same county, and a third panel member chosen by agreement of the first two panel members. The landowner or occupant shall be entitled to challenge any one member of the panel, and the local governing body shall name a new panel member from the same category. The decision of the arbitration panel shall be final.

(5) (a) In the event the landowner or occupant fails to comply with the notice to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the local governing body has the authority to:

(I) Provide for and compel the management of such noxious weeds at such time, upon such notice, and in such manner as the local governing body shall prescribe by ordinance or resolution; and

(II) Assess the whole cost thereof, including up to twenty percent for inspection and other incidental costs in connection therewith, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as part of a public right-of-way. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be deposited in the local governing body's weed fund or any similar fund.

(b) No local governing body shall provide for or compel the management of noxious weeds on private property pursuant to this subsection (5) without first applying the same or greater management measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the private property.

(c) No local governing body shall assess the cost of providing for or compelling the management of noxious weeds on private property until the level of management called for in the notice or the management plan developed by the arbitration panel has been successfully achieved.

(6) The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of ensuring compliance with the requirements of this article concerning noxious weed management and any other local requirements.

(7) No agent, employee, or delegate of a local governing body shall have a civil cause of action against a landowner or occupant for personal injury or property damage incurred while on public or private land for purposes consistent with this article except when such damages were willfully or deliberately caused by the landowner.
C.R.S. § 35-10-101 — CO Code / Title 35 / Article 10 / Section 35-10-101
35-10-101. Short title
Status: in_force

35-10-101. Short title. This article shall be known and may be cited as the "Pesticide Applicators' Act".
C.R.S. § 35-53-101 — CO Code / Title 35 / Article 53 / Section 35-53-101
35-53-101. Brand inspection fee - animal shares - minimum fee - waiver permit - rules - def
Status: in_force

35-53-101. Brand inspection fee - animal shares - minimum fee - waiver permit - rules - definition. (1) As a means of financing the operations of the state board of stock inspection commissioners, the board is hereby authorized to levy and collect, through authorized brand inspectors, a per head inspection fee not to exceed the amount specified in section 35-41-104 on all livestock inspected. In addition, the board is authorized to levy and collect through authorized brand inspectors a minimum fee of not less than the amount specified in section 35-41-104 from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law. The inspection fee established pursuant to this subsection (1), but not the minimum fee, shall apply when branded or unbranded cattle, horses, or mules are being consigned to a Colorado licensed public livestock market or a licensed slaughter plant. It is the duty of all authorized Colorado brand inspectors to inspect all cattle, horses, and mules, except as exempt by law, that are offered for sale or to be moved interstate or intrastate and collect the inspection fee and minimum fee thereon. Within the limits prescribed by this subsection (1), the state board of stock inspection commissioners shall determine the amount of the inspection fee and minimum fee that shall be collected by authorized brand inspectors from the owner or person in charge of said cattle, horses, or mules before issuing a certificate of brand inspection granting leave to the owner or person in charge to offer the brand inspected cattle, horses, or mules for sale or movement interstate or intrastate. The inspection fee and minimum fee so collected shall be reported and transmitted to the state board of stock inspection commissioners at such time and in such manner as the board shall by regulation require.

(2) When any individual, firm, association, partnership, or corporation, referred to in this article as "person", who owns or has had under control by lease or grazing permit for not less than five years a headquarters ranch or farm and who moves any cattle, horses, or mules from the headquarters place to another grazing or feeding ground that is also owned by the person or that has been controlled by lease or by grazing permit for not less than five years by the person, or when the person moves any cattle, horses, or mules from the grazing or feeding ground within this state to the person's headquarters ranch or farm in this state, the person, upon payment of a fee in an amount determined by the board by rule, may apply to the state board of stock inspection commissioners for and may be granted a brand inspection fee waiver permit, irrespective of the fact such headquarters ranch or farm and the other grazing or feeding grounds exceed seventy-five miles from the point of origin provided for in section 35-53-105 (4)(f) or that the grazing or feeding grounds are outside this state. The brand inspection fee waiver permit shall entitle the permittee to move cattle, horses, and mules for grazing or feeding purposes, with no change of ownership involved, between the headquarters ranch or farm and the other grazing or feeding grounds, with no charge for brand inspection and no collection of a beef board fee. If the livestock are moved outside this state, the permittee shall guarantee that, if, for any reason, the livestock are not returned to the Colorado ranch or farm, the permittee will immediately pay the required brand inspection and beef board fee to the board.

(3) (a) When performing an inspection of livestock sold as animal shares in accordance with section 25-4-1617, an authorized Colorado brand inspector shall inspect the livestock only once immediately before slaughter notwithstanding the livestock being sold to multiple purchasers.

(b) The state board of stock inspection commissioners shall promulgate rules implementing this subsection (3), including establishing procedures for a single brand inspection before slaughter of livestock intended to be sold as animal shares in accordance with section 25-4-1617.

(c) As used in this subsection (3), "animal share" has the meaning set forth in section 25-4-1617 (2)(b).
C.R.S. § 35-1-104.7 — CO Code / Title 35 / Article 1 / Section 35-1-104.7
35-1-104.7. Colorado agricultural workforce services program - online resource portal - defi
Status: in_force

35-1-104.7. Colorado agricultural workforce services program - online resource portal - definitions. (1) The Colorado agricultural workforce services program is created in the department. The program includes the online resource portal described in subsection (3) of this section.

(2) The department shall administer the program in accordance with this section.

(3) (a) As part of the program, the department may establish on its official website a publicly available page that includes a portal to resources for use by agricultural employees and agricultural employers. The department shall ensure that the resources of the portal are available in both English and Spanish.

(b) For the purposes of the online portal described in this subsection (3), the department may curate video modules and other resources to help agricultural employers comply with labor laws, including the sections specified in subsection (3)(d)(II) of this section, and help agricultural employees understand the rights they are afforded, including links to relevant state agencies and nongovernmental organizations.

(c) The department may include in the online portal information and resources concerning:

(I) Agricultural employee safety and working conditions;

(II) Agricultural employee labor rights;

(III) Mental health;

(IV) Agricultural employers' labor requirements; and

(V) Other resources for agricultural employees or agricultural employers.

(d) The department shall include in the online portal information regarding:

(I) A wage and hour calculator; and

(II) The requirements of sections 8-6-101.5, 8-6-120, 8-13.5-202, 8-13.5-203, and 8-14.4-109.

(e) In establishing and maintaining the online portal described in this subsection (3), the department may consult with the Colorado cooperative extension service described in part 7 of article 31 of title 23.

(4) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate one hundred thousand dollars from the general fund to the department to implement the online resource portal described in subsection (3) of this section. Any unused money does not revert to the general fund but is continuously appropriated to the department.

(b) The department is authorized to seek, solicit, accept, and expend gifts, grants, and donations for the purposes of this section.

(5) As used in this section, unless the context otherwise requires:

(a) "Agricultural employee" has the meaning set forth in section 8-2-206 (1)(b).

(b) "Agricultural employer" has the meaning set forth in section 8-3-104 (1).

(c) "Program" means the Colorado agricultural workforce services program created in subsection (1) of this section.
C.R.S. § 35-60-108 — CO Code / Title 35 / Article 60 / Section 35-60-108
35-60-108. Prohibited acts
Status: in_force

35-60-108. Prohibited acts. (1) The following acts and the causing thereof are prohibited:

(a) The manufacture or distribution of any feed that is adulterated or misbranded;

(a.5) The use of feed that is adulterated for any cattle, sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food;

(b) The adulteration or misbranding of any feed;

(c) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated;

(d) The removal or disposal of a feed in violation of section 35-60-111;

(e) The failure or refusal to register in accordance with section 35-60-104;

(f) The violation of section 35-60-112 (6);

(g) The failure or refusal to pay distribution fees and file reports in accordance with section 35-60-105;

(h) The sale of customer-formula feed to any person other than the person who provided the manufacturing instructions;

(i) The failure to maintain any records required by this article or any rule promulgated pursuant to this article;

(j) The failure to comply with any other provision of this article or the rules promulgated pursuant to this article not otherwise specified in this section; and

(k) The falsification of any information given to the commissioner.
C.R.S. § 35-5.5-104 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-104
35-5.5-104. Duty to manage noxious weeds
Status: in_force

35-5.5-104. Duty to manage noxious weeds. It is the duty of all persons to use integrated methods to manage noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.
C.R.S. § 35-44-108 — CO Code / Title 35 / Article 44 / Section 35-44-108
35-44-108. Who may take up estrays - penalty
Status: in_force

35-44-108. Who may take up estrays - penalty. It is unlawful for a person other than an authorized inspector of the state board of stock inspection commissioners to take into custody or retain possession of an estray, except as provided in section 35-44-107. A person who takes into custody and retains possession of an estray without notifying the state board of stock inspection commissioners within the time as provided in this article 44 is guilty of a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501.
C.R.S. § 35-28-103 — CO Code / Title 35 / Article 28 / Section 35-28-103
35-28-103. Purposes of article
Status: in_force

35-28-103. Purposes of article. (1) The purposes of this article are:

(a) To enable agricultural producers of this state, with the aid of the state, more effectively to correlate the marketing of their agricultural commodities with market demands therefor;

(b) To establish orderly marketing of agricultural commodities;

(c) To provide for uniform grading and proper preparation of agricultural commodities for market;

(d) To provide methods and means for the development of new and larger markets for agricultural commodities produced in Colorado;

(e) To eliminate or reduce unfair competition and economic waste in the marketing of agricultural commodities;

(f) To restore and maintain adequate purchasing power for the agricultural producers of this state.
C.R.S. § 35-36-306 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-306
35-36-306. Disciplinary powers - licenses
Status: in_force

35-36-306. Disciplinary powers - licenses. (1) The commissioner may deny an application for a license, refuse to renew a license, revoke or suspend a license, or place a licensee on probation, as the case may require, if the licensee or applicant has:

(a) Violated this part 3 or section 35-36-104 or violated any of the rules promulgated by the commissioner pursuant to this article 36;

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

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

(d) Failed or refused to file with the commissioner a surety bond or an irrevocable letter of credit, as required by section 35-36-304;

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

(f) Failed to comply with a lawful order of the commissioner concerning the administration of this part 3; or

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

(2) All proceedings concerning the denial, refusal to renew, revocation, or suspension of a license or the placing of a licensee on probation shall be conducted pursuant to section 35-36-305 and article 4 of title 24.

(3) A previous violation of this part 3 or section 35-36-104 by the applicant or any person connected with the applicant in the business for which the applicant seeks to be licensed, or, in the case of a partnership or corporation applicant, any previous violations of this part 3 or section 35-36-104 by a partner, officer, director, or stockholder of more than thirty percent of the outstanding shares, is sufficient grounds for the denial of a license.
C.R.S. § 35-9-111 — CO Code / Title 35 / Article 9 / Section 35-9-111
35-9-111. Device registration - application - fees - expiration - rules
Status: repealed

35-9-111. Device registration - application - fees - expiration - rules. (1) Each applicant for registration of a device shall file with the commissioner, in the form and manner he shall designate:

(a) The name and address of the applicant and, if different, the name and address of the person whose name will appear on the device;

(b) The name of the device;

(c) A complete copy of the labeling accompanying the device, including its packaging, directions, and precautions for use, and a statement of all claims being made for the device;

(d) If requested by the commissioner, a complete description of all tests made and the results thereof, including, but not limited to, efficiency and hazard data upon which the claims are based; and

(e) Any other information required by the commissioner.

(2) Each applicant shall pay, at the time the application is submitted, an annual application fee in an amount to be determined by the commissioner.

(3) Repealed.

(4) (a) Repealed.

(b) On and after January 1, 2011, registration of a device shall expire each year on a date specified by the commissioner by rule.
C.R.S. § 35-1.5-102 — CO Code / Title 35 / Article 1.5 / Section 35-1.5-102
35-1.5-102. Definitions
Status: in_force

35-1.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Adjuvant" means a material added to an agrichemical solution to improve performance.

(2) "Agricultural chemical" means any device, plant nutrient, animal nutrient, or adjuvant and any treated, altered, or engineered plant or animal material.

(3) "Animal nutrient" means any feed subject to article 60 of this title and any material for the maintenance, growth, or production of animals.

(4) "Device" means a device as defined in section 35-9-103 (5).

(5) "Local government" means a county, home rule county, city and county, city, home rule city, special district, or other political subdivision of the state.

(6) "Plant nutrient" means:

(a) (Deleted by amendment, L. 2008, p. 1625, § 2, effective August 5, 2008.)

(b) A plant amendment as defined in section 35-12-103 (24);

(c) A plant nutrient as defined in section 35-12-103 (25);

(d) A soil conditioner as defined in section 35-12-103 (29);

(e) Anhydrous ammonia as defined in section 35-13-102 (1);

(f) A commercial fertilizer as defined in section 35-12-103 (3);

(g) Treated or untreated manure;

(h) Water runoff from a confined animal feeding operation that is captured and then applied to a field; and

(i) A plant growth regulator.

(7) "Use" means all aspects of the handling of agricultural chemicals, including, without limitation, the mixing, loading, application or administration, spill control, and disposal of an agricultural chemical or its container.
C.R.S. § 35-72-107 — CO Code / Title 35 / Article 72 / Section 35-72-107
35-72-107. Cooperation with other agencies in erosion control
Status: in_force

35-72-107. Cooperation with other agencies in erosion control. The board of any county wherein land is being eroded or soil is blowing, as provided in this article, is hereby authorized to enter into any agreement with the federal government or any agency thereof, the state of Colorado or any agency thereof, any district, or any other county or counties for cooperation in preventing or attempting to prevent soil erosion or property damage by soil blowing.
C.R.S. § 35-61-106 — CO Code / Title 35 / Article 61 / Section 35-61-106
35-61-106. Industrial hemp registration program cash fund - industrial hemp research grant
Status: repealed

35-61-106. Industrial hemp registration program cash fund - industrial hemp research grant fund - fees. (1) There is hereby created in the state treasury the industrial hemp registration program cash fund, referred to in this article as the "fund". The fund consists of fees collected by the commissioner pursuant to subsection (2) of this section and any general fund moneys appropriated to the fund by the general assembly. The moneys in the fund are subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article.

(2) The commissioner shall collect a fee from persons applying for a registration pursuant to this article 61 based on a fee schedule determined by the commissioner. The commissioner shall set the fee schedule at a level sufficient to generate the amount of money necessary to cover the department's direct and indirect costs in implementing this article 61. The commissioner may also collect any fees necessary to cover the cost of inspection and compliance sampling and testing. The commissioner shall transmit the fees collected pursuant to this section to the state treasurer for deposit in the fund.

(3) There is hereby created in the state treasury the industrial hemp research grant fund. The fund consists of:

(a) Repealed.

(b) Any moneys from foundations, private individuals, or any other funding sources that can be used to expand the scope or time frame of any hemp research authorized pursuant to this article;

(c) On and after July 1, 2015, up to ten million dollars from the marijuana tax cash fund created in section 39-28.8-501, C.R.S., as enacted by Senate Bill14-215. The moneys in the fund are subject to annual appropriations by the general assembly to the department to establish and administer an industrial hemp research grant program and to conduct hemp research.
C.R.S. § 35-5.5-107 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-107
35-5.5-107. Local advisory board - formation - duties
Status: in_force

35-5.5-107. Local advisory board - formation - duties. (1) The governing body of each county and municipality shall appoint a local advisory board. The local governing body, at its sole option, may appoint itself, or a commission of landowners, to act as the local advisory board for that jurisdiction. The members of each local advisory board shall be residents of the unincorporated portion of the county or residents of the municipality, as the case may be, and in the case of a county, at least a majority of the members of the local advisory board shall be landowners of over forty acres.

(2) In the event a county or municipality elects to cooperate with another county or municipality for any of the purposes set forth in this article, the membership of the local advisory board shall be determined by the governing bodies of such cooperating local governments.

(3) Each local advisory board shall annually elect a chairman and secretary. A majority of the members of the board shall constitute a quorum for the conduct of business.

(4) Local advisory boards shall have the power and duty to:

(a) Develop a recommended management plan for the integrated management of designated noxious weeds and recommended management criteria for noxious weeds within the area governed by the local government or governments appointing the local advisory board. The management plan shall be reviewed at regular intervals but not less often than once every three years by the local advisory board. The management plan and any amendments made thereto shall be transmitted to the local governing body for approval, modification, or rejection.

(b) Declare noxious weeds and any state noxious weeds designated by rule to be subject to integrated management;

(c) Recommend to the local governing body that identified landowners be required to submit an individual integrated management plan to manage noxious weeds on their property.

(5) The local governing body shall have the sole and final authority to approve, modify, or reject the management plan, management criteria, management practice, and any other decision or recommendation of the local advisory board.

(6) The state weed coordinator shall review any recommendations of a local advisory board appointed pursuant to article 5 of this title and note any inconsistencies between the recommendations of the state weed coordinator or the commissioner and any such local advisory board.
C.R.S. § 35-5.5-111 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-111
35-5.5-111. Cooperation with federal and state agencies
Status: in_force

35-5.5-111. Cooperation with federal and state agencies. The local governing bodies of all counties and municipalities in this state are hereby authorized to enter into cooperative agreements with federal and state agencies for the integrated management of noxious weeds within their respective territorial jurisdictions.
C.R.S. § 35-4-101 — CO Code / Title 35 / Article 4 / Section 35-4-101
35-4-101. Short title
Status: in_force

35-4-101. Short title. This article shall be known and may be cited as the "Pest Control Act".
C.R.S. § 35-4-117 — CO Code / Title 35 / Article 4 / Section 35-4-117
35-4-117. County pest inspectors - weed and rodent control
Status: in_force

35-4-117. County pest inspectors - weed and rodent control. Subject to the direction of the board of county commissioners, a county pest inspector may exercise the powers and duties granted to, and perform the duties of, a county in accordance with articles 5.5 and 7 of this title.
C.R.S. § 35-1.5-103 — CO Code / Title 35 / Article 1.5 / Section 35-1.5-103
35-1.5-103. Preemption
Status: in_force

35-1.5-103. Preemption. (1) No local government shall adopt or continue in effect any ordinance, rule, charter provision, or statute regarding the use of any agricultural chemical and pertaining to:

(a) The name of the product, name and address of the manufacturer, and applicable registration numbers;

(b) Directions for use, use classification (general or restricted), mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker protection standards, application and storage container specifications, storage and disposal of the agricultural chemical or container, or limitations to prevent unreasonable adverse effects such as required intervals between application and harvest of food or feed crops, rotational crop restrictions, warnings against use on certain crops, animals, objects, or in or adjacent to certain areas;

(c) Warnings and precautionary statements, hazards to humans, children, domestic animals, or the environment, physical or chemical hazards, or statements of practical treatment; or

(d) Record-keeping requirements.
C.R.S. § 35-21-201 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-201
35-21-201. Legislative declaration
Status: in_force

35-21-201. Legislative declaration. In accordance with the general assembly's authority to protect the health and welfare of consumers, promote food safety, and advance animal welfare, the general assembly finds and declares that the regulation of egg production on farms and of the sale of eggs and egg products will further these goals.
C.R.S. § 35-38-102 — CO Code / Title 35 / Article 38 / Section 35-38-102
35-38-102. Definitions
Status: in_force

35-38-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Dealer agreement" means an oral or written contract or agreement of definite or indefinite duration between a supplier and an equipment dealer that prescribes the rights and obligations of each party with respect to the purchase or sale of equipment.

(2) (a) "Equipment" means a machine designed for or adapted and used for agriculture, horticulture, floriculture, livestock, grazing, light industrial, utility, and outdoor power equipment. "Equipment" does not include earthmoving and heavy construction equipment, mining equipment, or forestry equipment.

(b) Nothing in paragraph (a) of this subsection (2), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(3) "Equipment dealer" or "dealer" means any person, partnership, corporation, association, or other form of business enterprise that is primarily engaged in the retail sale of equipment.

(4) "Net cost" means the price the equipment dealer pays to the supplier for equipment, including the freight costs from the supplier's location to the equipment dealer's location, minus all applicable discounts allowed by the supplier.

(5) "Net price" means the price listed for repair parts in the supplier's price list or catalog in effect at the time the dealer's agreement terminates.

(6) "Superseded part" means any part with a discontinued part number already purchased from the supplier that has not been modified or improved and can perform the same function as a part currently available for purchase from such supplier's stock.

(7) (a) "Supplier" means any person, partnership, corporation, association, or other business enterprise that is engaged in the manufacturing, assembly, or wholesale institution of equipment or repair parts, or both, and includes any successor in interest. "Supplier" includes a purchaser of assets or a surviving corporation that results from a merger, liquidation, or reorganization of the original supplier.

(b) "Supplier" does not mean any person, partnership, corporation, association, or other business enterprise, that is not otherwise a supplier, that engages in the manufacture or wholesaler distribution of nonmoving parts that are not equipment but that may be used to enhance the operation or comfort of equipment.
C.R.S. § 35-10-114.7 — CO Code / Title 35 / Article 10 / Section 35-10-114.7
35-10-114.7. Licensed private applicators - rules - repeal
Status: repealed

35-10-114.7. Licensed private applicators - rules - repeal. (Repealed)
C.R.S. § 35-1-116 — CO Code / Title 35 / Article 1 / Section 35-1-116
35-1-116. Blockchain educational program - repeal
Status: repealed

35-1-116. Blockchain educational program - repeal. (1) On or before January 1, 2024, the commissioner shall create and deploy an online program that teaches:

(a) The benefits of implementing blockchain technology in agricultural production, distribution, and sales;

(b) The different blockchain programs that exist for agricultural producers; and

(c) The requirements to begin using a blockchain program in accordance with best practices for agricultural producers.

(2) The commissioner shall consult and cooperate with stakeholders to develop the online program using best practices. To implement this section, the commissioner may consult or contract with the Colorado state university system.

(3) The commissioner shall publicize the educational program and encourage agricultural producers to participate in the program.

(4) This section is repealed, effective July 1, 2030.
C.R.S. § 35-33-206 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-206
35-33-206. License required - application - inspection - issuance
Status: in_force

35-33-206. License required - application - inspection - issuance. (1) Any person who desires to operate a custom processing facility shall first obtain a license from the department. A separate license shall be required for each custom processing facility. The application shall be in writing on forms supplied by the department, shall set forth such information as may be required by the department, and shall be accompanied by any required fees.

(1.5) Any person who desires to slaughter and process more than one thousand, but fewer than twenty thousand, poultry shall first obtain a license from the department. A separate license is required for each poultry processing facility. The application must be in writing on forms supplied by the department, setting forth any information required by the department, and must be accompanied by all required fees.

(2) Upon the applicant's submission of an application for a license and payment of the required fees, the department shall inspect facilities and premises at the location to be licensed and, if it finds that the equipment, facilities, surrounding premises, and operation of such establishment comply with this article and the rules established pursuant thereto, the department shall issue a license to operate unless the department finds that there are grounds for denial or refusal to renew a license pursuant to section 35-33-208.

(3) The license shall be valid for the period from the date of issuance until the expiration date established by the commissioner by rule and, except for good cause shown, shall be renewed annually thereafter.

(4) A license shall not be transferable to a new owner or location.

(5) Any person who operates a custom processing facility without a valid license therefor commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 35-43-213 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-213
35-43-213. Brand inspection - certificate - evidence
Status: in_force

35-43-213. Brand inspection - certificate - evidence. (1) Any livestock purchased for slaughter in Colorado from any source shall be inspected for brands and other identifying marks and a certificate issued by a brand inspector at the point of origin. Until the time of such inspection and certification, the person purchasing livestock shall hold the uninspected livestock separately and shall be responsible for the value of the livestock and the brand inspection fee until inspected and a certificate issued by a Colorado brand inspector.

(2) The only evidence of inspection at point of origin acceptable under this section shall be either the brand certificate issued and signed by the brand inspector who made the inspection or a current account of sale, showing the brands or other identifying characteristics carried by the livestock and issued by a custom meat processor licensed by the department or a packing plant licensed by the United States department of agriculture. Livestock purchased by private contract in states where brand inspection is not maintained shall be accompanied by a bill of sale showing brands and other identifying characteristics signed by the seller or the seller's agent and witnessed by the buyer or the buyer's agent.

(3) Cattle fed by packers, either in their individual feed lots or in commercial feed lots, are subject to this article.
C.R.S. § 35-53.5-103 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-103
35-53.5-103. Rules
Status: in_force

35-53.5-103. Rules. (1) To carry out the provisions of this article, the board is authorized to adopt appropriate rules pursuant to section 24-4-103, C.R.S., on subjects that shall include, but are not limited to, the following:

(a) Fees to fund all direct and indirect costs of the administration and enforcement of this article;

(b) Methods of separating cattle for purposes of this article;

(c) Standards and procedures for certification of feedlots and for the issuance, renewal, suspension, revocation, and reinstatement of certificates;

(d) The number and type of on-site inspections;

(e) Records to be maintained by the owners and operators of certified feedlots;

(f) Grounds for enforcement actions.
C.R.S. § 35-26-101.5 — CO Code / Title 35 / Article 26 / Section 35-26-101.5
35-26-101.5. Legislative declaration
Status: in_force

35-26-101.5. Legislative declaration. (1) The general assembly hereby finds and determines that nursery stock can harbor plant pests and diseases and operate as a disease vector. Unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests and to the state's general environmental quality.

(2) Therefore, the general assembly hereby declares that it is necessary to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, or out-of-state customers meets the national nursery stock cleanliness standard.
C.R.S. § 35-1-106 — CO Code / Title 35 / Article 1 / Section 35-1-106
35-1-106. Powers and duties of commission
Status: in_force

35-1-106. Powers and duties of commission. (1) In addition to all other powers and duties conferred upon the commission by this article 1, the commission has the following specific powers and duties:

(a) To formulate the general policy with respect to the management of the department of agriculture and the general policy with respect to the enforcement of regulatory and service laws, rules, and regulations pertaining to agriculture;

(b) To make or cause to be made, within the limits of appropriations, such studies as it deems necessary to guide the commissioner concerning the agricultural policy of this state;

(c) To advise and make recommendations to the governor and the general assembly on matters pertaining to agriculture within this state;

(d) To require the preparation and transmittal by the commissioner of an annual departmental report and to establish publication policies for the department in accordance with the provisions of section 24-1-136, C.R.S.;

(e) To furnish the commissioner with advice on any agricultural or livestock problem with which he may be confronted;

(f) To promulgate and adopt all department of agriculture budgets for submission to the controller of this state in accordance with law and to approve and pass upon all annual budgets for expenditures of money from the various funds of the department and to review such budgets at each meeting of the commission;

(g) To approve prior to their release all rules and regulations issued by the commissioner and considered necessary and proper to carry out the provisions of this article;

(h) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties of the commission. Upon the failure or refusal of any witness to obey any subpoena, the commission may petition the district court, and, upon proper showing, the court may order a witness to appear and testify or produce documentary evidence. Failure to obey the order of the court shall be punishable as contempt of court.

(i) To establish and appoint, as it may deem necessary or advisable, such advisory committees from the groups affected to advise and confer with the commission or the commissioner concerning aspects of agricultural or livestock products, marketing, disease, or any other pertinent matter;

(j) If not already required by law, to require and fix the bonds of such employees of the department as may be deemed necessary;

(k) To avoid duplication of effort within the department and to clarify responsibilities under this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article 24 of title 30; to enter into cooperative agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission that is authorized by law to perform like or similar duties to those delegated by law to this commission, wherein it shall be prescribed whether this commission, the state board of health, the board of governors of the Colorado state university system, or such other state board or commission shall perform and be responsible for the performance of the duties mentioned in the agreements, so that there is no duplication of effort as between this commission and the state board of health, the board of governors of the Colorado state university system, or any other state board or commission; and to enter into agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission relative to the cooperative use by this commission of any laboratories, equipment, or facilities owned or used by this commission or any other state board or commission;

(l) To employ any person, partnership, or corporation for services in carrying out the provisions of this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article 24 of title 30, and not inconsistent with section 13 of article XII of the state constitution or to provide information, statistics, or data deemed beneficial by the commission to livestock and agriculture in the state of Colorado;

(m) The commission shall act only by resolution adopted at a duly called meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department;

(n) To comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans, as if the commission were the executive director of the department;

(o) To promulgate rules requiring the owners of alternative livestock, as defined in section 35-41.5-102 (1), to obtain certification showing that the alternative livestock herd meets the requirements of a tuberculosis surveillance plan approved by the state veterinarian and meets regulations pertaining to the control of infectious diseases and parasites as determined by the department. This paragraph (o) shall not apply if the owner of the alternative livestock is a zoological park that is accredited by the American zoo and aquarium association; except that any intrastate transfer of alternative livestock by a zoological park that is accredited by the American zoo and aquarium association to any person or entity that is not accredited by the American zoo and aquarium association is subject to the rules of the commission adopted under this paragraph (o).

(p) (I) In consultation with interested industry groups, to fix, assess, and collect fees in amounts sufficient to recover the department's direct and indirect costs incurred in carrying out and enforcing the provisions of articles 12, 13, 14, 33, 36, and 60 of this title 35, part 1 of article 21 of this title 35, and part 2 of article 43 of this title 35.

(II) Fees established pursuant to this paragraph (p) that exceed the amount of any corresponding fees that were in effect as of April 1, 2003, and any new or additional fees established after April 1, 2003, shall be reported, on or before December 1 of each year, to the agriculture, natural resources and energy committee of the senate and the agriculture, livestock, and natural resources committee of the house of representatives.

(III) (Deleted by amendment, L. 2007, p. 1902, § 1, effective July 1, 2007.)

(2) The parks and wildlife commission shall review the rules concerning alternative livestock proposed by the commission pursuant to paragraph (o) of subsection (1) of this section and shall make recommendations to the commission concerning such rules. The commission shall not adopt or implement rules concerning alternative livestock that impact native big game wildlife without the prior approval of the parks and wildlife commission. In addition, the parks and wildlife commission may propose rules to the commission designed to protect native big game wildlife.
C.R.S. § 35-36-209 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-209
35-36-209. Negotiable warehouse receipts - rules
Status: in_force

35-36-209. Negotiable warehouse receipts - rules. (1) A negotiable warehouse receipt must be either a paper or an electronic document. At no time may a paper receipt and an electronic receipt represent the same lot of the commodity. A licensee may issue warehouse receipts by use of a written warehouse receipt system, an electronic warehouse receipt system, or both.

(2) The department is the sole source of paper negotiable warehouse receipts and shall furnish those receipts at cost.

(3) Instead of a paper document, a licensee may issue an electronic negotiable version of a warehouse receipt generated by a vendor licensed and approved by the United States department of agriculture if the receipt contains the same information as the paper version of a warehouse receipt. The electronic version of a warehouse receipt carries the same rights and obligations as the paper version. A holder of an electronic version of a warehouse receipt may redeem the warehouse receipt by applying an electronic signature registered and authenticated by a vendor credited by the United States department of agriculture.

(4) The commissioner may promulgate rules regarding the issuance, use, and records requirements of negotiable warehouse receipts.
C.R.S. § 35-77-107 — CO Code / Title 35 / Article 77 / Section 35-77-107
35-77-107. Investigation - access to records and facilities
Status: in_force

35-77-107. Investigation - access to records and facilities. (1) The commissioner may close to public inspection investigations, complaints of record, and farm records; except that:

(a) The person in interest, as defined in section 24-72-202, may access these records; or

(b) The records may be accessed in accordance with a court order.

(2) (a) During regular business hours, a farm shall give the commissioner access, upon the commissioner giving the farm written notice and obtaining consent or an administrative search warrant, to real property used for, any building used for, or any facility used for activities regulated under this article 77 if the access is for the purpose of implementing or enforcing this article 77 or any rule adopted under this article 77.

(b) During regular business hours, a farm shall give the commissioner, upon the commissioner giving the farm written notice, access to all records required to be kept by rule of the commissioner and shall allow the commissioner to make copies of the records if the access or copying is for the purpose of implementing or enforcing this article 77 or any rule adopted under this article 77.

(3) The commissioner may make any investigation necessary to ensure compliance with this article 77.

(4) (a) The commissioner may:

(I) Administer oaths and take statements;

(II) Issue subpoenas requiring the attendance of witnesses before the commissioner and compel the witnesses to disclose all known facts concerning the matter under investigation; and

(III) Require the production of books, documents, items, or instruments.

(b) Upon the failure or refusal of a witness to obey a subpoena compelling the witness to appear and testify or to produce documentary evidence, the commissioner may petition the district court to compel the witness to obey the subpoena. Upon a proper showing, the court may enter an order requiring compliance with the subpoena. Failure to obey the court's order is punishable as a contempt of court.
C.R.S. § 35-11.5-106 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-106
35-11.5-106. Organic producer certification required
Status: repealed

35-11.5-106. Organic producer certification required. (Repealed)
C.R.S. § 35-81-101 — CO Code / Title 35 / Article 81 / Section 35-81-101
35-81-101. Legislative declaration
Status: in_force

35-81-101. Legislative declaration. (1) The general assembly hereby determines and declares that:

(a) Hybrid canids and felines may pose a significant threat to other animals and humans because of their unpredictable nature;

(b) Wolf hybrids in particular may pose a threat to humans and have been declared responsible for killing two children each year in the United States;

(c) Ten states prohibit the breeding and maintenance of wolf hybrids;

(d) Most hybrid canids and felines are abandoned or killed when they reach two to three years of age and exhibit their wild nature, and some ultimately are contained in hybrid-animal refuges.

(2) The general assembly further determines that problems caused by hybrid canids and felines, and the lack of definitive information concerning the same, warrant a study of:

(a) The behavior of such animals;

(b) The extent of the problem in this state resulting from or projected to result from hybrid canids and felines;

(c) The regulation of the breeding, care, and maintenance of hybrid canids and felines that is necessary to protect the health, welfare, and safety of the residents of this state and livestock and other animal life.
C.R.S. § 35-41.5-106 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-106
35-41.5-106. Alternative livestock farm - license requirements - application - fees
Status: in_force

35-41.5-106. Alternative livestock farm - license requirements - application - fees. (1) Each applicant for an alternative livestock farm license shall submit an application providing all information in the form and manner as required by the board.

(2) No license shall be issued:

(a) Unless accompanied by documentation that the alternative livestock on the farm are in compliance with the rules promulgated by the commission pursuant to section 35-1-106 (1)(o);

(b) Unless accompanied by documentation that the alternative livestock on the livestock farm have been inspected by the board;

(c) Until the board has inspected and approved the farm; and

(d) Unless accompanied by a site review and recommendation issued by the division of parks and wildlife if such site review and recommendation is completed within thirty days after the request is received from the board. If the site review and recommendation is not issued within thirty days after the request is received, the requirement for such site review and recommendation shall be deemed waived.

(3) Each separate location of a farm shall be licensed separately.

(4) (a) If an alternative livestock farm operates under more than one business name from a single location, the name of each such operation shall be listed with the board in the form and manner required by the board. The board may require that a separate fee be paid for each business name so listed.

(b) No additional alternative livestock farm license shall be required for an additional business name.

(c) If an alternative livestock farm operates under more than one business name from a single location, the farm shall maintain separate records pursuant to section 35-41.5-108 for each such business name.

(5) Each applicant for an alternative livestock farm license shall pay a license fee in an amount determined by the board.

(6) Each alternative livestock farm license shall expire on August 31 in the year following the year of issuance.

(7) Each licensee shall report to the board, in the form and manner required by the board, any change in the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.

(8) Licenses issued pursuant to this article are not transferable.

(9) Each alternative livestock farm licensee shall:

(a) Separate alternative livestock from captive wildlife as required by the board;

(b) Have the alternative livestock inspected by the board prior to any movement, sale, or slaughter;

(c) Identify in the form and manner designated by the board each alternative livestock animal in its possession;

(d) Maintain records of the alternative livestock inventory in accordance with section 35-41.5-108.
C.R.S. § 35-5.5-108.7 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-108.7
35-5.5-108.7. State noxious weed advisory committee - repeal
Status: repealed

35-5.5-108.7. State noxious weed advisory committee - repeal. (1) (a) (I) There is hereby created the state noxious weed advisory committee, referred to in this section as the "state advisory committee". The state advisory committee consists of seventeen members. Fifteen members are appointed by the commissioner and serve without per diem compensation or expenses. Of the fifteen members:

(A) At least one member represents private and public landowners or land managers;

(B) At least two members represent weed management professionals from the federal, state, or local levels;

(C) At least one member represents public or private weed scientists;

(D) At least two members represent local governing bodies;

(E) Four members must be agricultural producers; and

(F) At least three members represent knowledgeable resource specialists or industries, including environmental organizations.

(II) The remaining two members are:

(A) One nonvoting member who is appointed by the Colorado department of transportation with the approval of the commissioner; and

(B) One nonvoting member who is appointed by the department of natural resources with the approval of the commissioner.

(III) Representation on the state advisory committee must reflect the different geographic areas of the state equally, to the greatest extent possible. Members of the state advisory committee that represent the various stakeholders and regions shall solicit input from similar stakeholders within each member's area of expertise and region of the state. Members of the state advisory committee shall communicate the committee's recommendations to the region and stakeholders represented by each member.

(b) Staggered appointments shall be made so that not more than eight members' terms expire in any one year, and thereafter appointments shall be for terms of two years each. Appointees shall be limited to two full terms each. Each state advisory committee member shall hold office until the expiration of the term for which such member is appointed or until a successor has been duly appointed.

(c) In the event of a vacancy on the state advisory committee, the commissioner shall fill such vacancy promptly to allow a quorum of the state advisory committee to function.

(d) The commissioner may remove any member of the state advisory committee for misconduct, incompetence, or neglect of duty.

(e) A quorum of the state advisory committee shall elect or appoint annually a chairman and a vice-chairman.

(f) A quorum of the state advisory committee shall be a majority of the members appointed to the state advisory committee.

(g) The state advisory committee shall meet at least quarterly.

(2) The state advisory committee shall make recommendations to the commissioner concerning the:

(a) Designation of state noxious weeds;

(b) Classification of state noxious weeds;

(c) Development and implementation of state weed management plans;

(d) Prescribed techniques for eradication, containment, and suppression of state noxious weeds; and

(e) Management of noxious weeds on surface waters and public lands.

(3) Recommendations of the state advisory committee shall be made by a majority vote of the members of the state advisory committee.

(4) The state advisory committee shall periodically assess the progress made to implement the provisions of sections 35-5.5-104.5, 35-5.5-108.5, 35-5.5-108.7, and 35-5.5-108 (2)(a); measure the results and effectiveness of endeavors to eradicate, contain, and suppress noxious weeds within this state; and recommend to the commissioner ways to enhance statewide efforts to stop the spread of noxious weeds.

(5) This section is repealed, effective September 1, 2034. Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 35-12-105 — CO Code / Title 35 / Article 12 / Section 35-12-105
35-12-105. Labels
Status: in_force

35-12-105. Labels. (1) Any packaged commercial fertilizer distributed in this state shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

(a) The name and address of the registrant;

(b) The net weight or other measure prescribed by rule;

(c) The name of the product and grade;

(d) The guaranteed analysis in the form specified in section 35-12-103 (14)(a);

(e) The date of manufacture, processing, packaging, or repackaging, or a code that permits the determination of such date, or, if distributed in bulk, the shipment or delivery date;

(f) Directions for use as specified by rule of the commissioner.

(2) Any commercial fertilizer distributed in this state in bulk shall be accompanied by a printed or written statement showing the information required in subsection (1) of this section.

(3) Any packaged soil conditioner or plant amendment distributed in this state shall have placed or affixed on the container a label setting forth in clearly legible and conspicuous form the following information:

(a) The name and address of the registrant;

(b) The net weight or other measure prescribed by rule;

(c) The name of the product;

(d) An accurate statement of composition, including the percent of each ingredient;

(e) The purpose of the product;

(f) The date of manufacture, processing, packaging, or repackaging, or a code that permits determination of the date, or, if distributed in bulk, the shipment or delivery date;

(g) Directions for use as specified by rule of the commissioner.

(4) Any soil conditioner or plant amendment distributed in bulk in this state shall be accompanied by a printed or written statement showing the information required in subsection (3) of this section.

(5) Any custom mix delivered in containers shall have placed on or affixed to the container a label, or if delivered in bulk, shall be accompanied by a printed or written statement, which label and statement shall set forth the following information:

(a) The name and address of the manufacturer;

(b) The net weight or measure as prescribed by rule of the commissioner;

(c) The guaranteed analysis and quantity of each registered product contained in the mix;

(d) The date on which the product was manufactured or delivered; and

(e) Directions for use as specified by rule of the commissioner.

(6) No product may be labeled, advertised, distributed, or sold as a commercial fertilizer, soil conditioner, or plant amendment unless its substance conforms to the applicable definitions prescribed in this article or in the rules promulgated by the commissioner pursuant to this article.

(7) No additional substances other than those allowed in section 35-12-103 (12) may be listed or guaranteed on a label or labeling or on a written statement accompanying the bulk distribution of commercial fertilizers, soil conditioners, or plant amendments without the permission of the commissioner. The commissioner may allow additional substances to be listed or guaranteed on the label, labeling, or written statement if satisfactory supportive data is furnished to the commissioner in order to substantiate the value and usefulness of the substance. The commissioner may rely on sources other than the department, such as Colorado state university, for assistance in evaluating the supportive data. If the commissioner permits such additional substances to be listed or guaranteed, the nature of the substances shall be determinable by laboratory methods. The substances shall be subject to inspection and analysis pursuant to methods and procedures prescribed by the commissioner by rule.

(8) The commissioner may allow or require commercial fertilizers, soil conditioners, or plant amendments to be sold and labeled by volume in addition to or instead of by weight pursuant to rules promulgated by the commissioner.
C.R.S. § 35-57.5-113 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-113
35-57.5-113. Duties and powers of the board
Status: in_force

35-57.5-113. Duties and powers of the board. (1) The board may:

(a) Conduct or contract for scientific research to discover and develop the commercial value of sheep and sheep products;

(b) Disseminate reliable information founded upon the research undertaken under this article, showing the uses or probable uses of sheep and sheep products;

(c) Study state and federal legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas, and other matters of trade concerning the sheep industry;

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

(e) Enter into contracts which it deems appropriate to the carrying out of the purposes of the board as authorized by this article;

(f) Make grants to research agencies for the financing of special or emergency studies or for the purchase or acquisition of facilities necessary to carry out the purposes of the board as authorized by this article;

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

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

(i) Act jointly and in cooperation with the federal government or any agency thereof in the administration of any program of the government or of a governmental agency deemed by the board to be beneficial to the sheep industry of this state and expend funds in connection therewith if such program is compatible with the powers conferred by this article;

(j) Adopt, rescind, modify, or amend all proper regulations, orders, and resolutions for the exercise of its powers and duties; and

(k) Enter into contracts for the promotion of sheep and for the development of new markets through such promotion.

(2) The board shall establish a license fee for the purpose of funding the services provided to the sheep industry by the board and for funding the activities of the board performed pursuant to the provisions of this article.
C.R.S. § 35-27.3-102 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-102
35-27.3-102. Legislative declaration
Status: in_force

35-27.3-102. Legislative declaration. The general assembly hereby finds and declares that the purpose of this article is to control and minimize the spread of contagious community diseases by reducing the overall inoculum pool present in potato crops. This article is further intended to comply with seed potato standards set forth in the state national harmonization program.
C.R.S. § 35-26-113 — CO Code / Title 35 / Article 26 / Section 35-26-113
35-26-113. Bodies politic
Status: in_force

35-26-113. Bodies politic. (1) All growing fields and all other premises in this state on which nursery stock is being grown or held by bodies politic for the purpose of planting on public or private grounds shall be inspected at least once each year by the commissioner or his authorized agents.

(2) A body politic shall not plant nursery stock infested with insect pests or infected by plant diseases on public or private grounds.

(3) A body politic shall be subject to the inspection fees set forth in section 35-26-106 (3).
C.R.S. § 35-21-209 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-209
35-21-209. Effects on other animal welfare laws
Status: in_force

35-21-209. Effects on other animal welfare laws. This part 2 does not limit or replace any other state statute or rule that protects the welfare of animals. This part 2 does not preempt a local governing body from adopting and enforcing its own animal welfare ordinance, rule, resolution, or charter provision that is more stringent than this part 2.
C.R.S. § 35-60-109 — CO Code / Title 35 / Article 60 / Section 35-60-109
35-60-109. Authority of the commissioner - rules
Status: in_force

35-60-109. Authority of the commissioner - rules. (1) The commissioner is authorized to promulgate, amend, and repeal, in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such rules as are specifically required by this article and such other reasonable rules, including any record-keeping requirements and operating requirements, as may be necessary for the efficient enforcement of this article.

(2) In the interest of uniformity, the commissioner shall by rule adopt, unless the commissioner determines that they are inconsistent with this article or are not appropriate to conditions that exist in this state, the following:

(a) The official definitions of feed ingredients and official feed terms adopted by the association of American feed control officials as published in the official publication of such association; and

(b) The regulations promulgated pursuant to the "Federal Food, Drug, and Cosmetic Act"; except that, if the commissioner determines that any of such definitions, terms, and regulations are inconsistent with this article or are not appropriate to conditions in this state, the commissioner shall not adopt them.

(3) Before the commissioner issues, amends, or repeals any rule authorized by this article, the commissioner shall provide notice as required by section 24-4-103, C.R.S.
C.R.S. § 35-14-105 — CO Code / Title 35 / Article 14 / Section 35-14-105
35-14-105. Technical requirements for weighing and measuring devices - certificate required
Status: in_force

35-14-105. Technical requirements for weighing and measuring devices - certificate required - exception. (1) The specifications, tolerances, and other technical requirements, including user requirements, for commercial, law enforcement, data gathering, and other weighing and measuring devices adopted by the national conference on weights and measures and published in the national institute of standards and technology handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices", and supplements or revisions to that handbook, apply to weighing and measuring devices in this state, except as modified or rejected or as otherwise specified by this article or any rule promulgated pursuant to this article. Except as provided in subsection (2) of this section, any weight or measure or any weighing or measuring instrument or device shall be issued a certificate of conformance from the national type evaluation program prior to use for commercial or law enforcement purposes.

(2) A certificate of conformance is not required for a grain protein analyzer.
C.R.S. § 35-1-120 — CO Code / Title 35 / Article 1 / Section 35-1-120
35-1-120. Study of greenhouse gas reduction and carbon sequestration opportunities in agri
Status: in_force

35-1-120. Study of greenhouse gas reduction and carbon sequestration opportunities in agriculture and agricultural land management - definitions - reporting - rules. (1) (a) (I) In accordance with subsection (1)(a)(II) of this section, the commissioner or the commissioner's designee shall conduct a study to examine greenhouse gas reduction and carbon sequestration opportunities in the agricultural sector and in agricultural land management in the state, including:

(A) Soil health management practices, including cover cropping, manure management, soil amendments, rotational grazing, rangeland management, low- and no-till practices, and hedge grows;

(B) The use of dry digesters; and

(C) An investigation into the potential for creating and offering a certified greenhouse gas offset program and credit instruments to provide fungible greenhouse gas offsets for agricultural producers and in agricultural land management.

(II) The commissioner or commissioner's designee shall conduct the study in consultation with the Colorado energy office created in section 24-38.5-101, the air quality control commission created in section 25-7-104 (1), the natural and working lands task force convened by the department of natural resources, the Colorado state forest service, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research.

(b) (I) Any certified greenhouse gas offset program and credit instruments offered must reflect real, additional, quantifiable, permanent, verifiable, and enforceable reductions in greenhouse gas emissions that are equivalent to the offsets provided and must not require agricultural producers' participation.

(II) Greenhouse gas offsets developed for agricultural producers and in agricultural land management in accordance with this section:

(A) May be incorporated into the air quality control commission's rules, including rules adopted under section 25-7-105 (1)(e), and, specifically, rules concerning coordination with other jurisdictions pursuant to the authority granted in, and the considerations required under, section 25-7-105 (1)(e)(V);

(B) May be used as compliance instruments by a source regulated under article 7 of title 25, with emission reduction obligations established by the air quality control commission that ensure that the annual, overall, absolute emissions from the source, sector, or group of sources decline consistent with the statewide greenhouse gas emission reduction goals set forth in section 25-7-102 (2)(g); except that, if the source is located in a disproportionately impacted community, the commission shall establish by rule an annual, absolute emission reduction obligation specific to the source;

(C) Must not be available as an instrument for emission reduction compliance under section 25-7-105 (1)(e)(V) unless the commission has adopted rules establishing an annual, absolute emission reduction obligation for the relevant sector that is consistent with the statewide greenhouse gas emission reduction goals.

(c) The study must identify policy mechanisms to avoid the impacts that the use of greenhouse gas offsets by regulated sources could have on disproportionately impacted communities.

(2) The commissioner or the commissioner's designee shall submit to the general assembly:

(a) A report summarizing the progress on the study on or before October 1, 2024; and

(b) A final report on the study on or before October 1, 2025. The final report must include any legislative, regulatory, or other recommendations for designing and implementing greenhouse gas reduction and carbon sequestration opportunities for the agricultural sector and in agricultural land management in the state.

(3) (a) (I) Upon conclusion of the study, with regard to any recommendations in the study that do not require legislative changes, the commissioner, in consultation with the Colorado energy office and the air quality control commission, may adopt rules to implement the recommendations.

(II) Any rules adopted pursuant to this subsection (3)(a) must not mandate participation by agricultural producers in any greenhouse gas offset program or any other greenhouse gas reduction and carbon sequestration programs or mechanisms developed in rule, but the rules may provide incentives to agricultural producers for their voluntary participation in any program or mechanism developed in rule pursuant to this subsection (3)(a).

(b) If the commissioner adopts rules pursuant to subsection (3)(a) of this section, the department shall include a summary of the rules as part of the department's regulatory agenda that it files pursuant to section 2-7-203 (4) and that is included in the department's "SMART Act" presentation that immediately follows the adoption of the rules.

(4) Nothing in this section requires the air quality control commission to adopt rules for greenhouse gas emission offsets or credit mechanisms or to accept any greenhouse gas emission offsets or credit mechanisms as compliance instruments for emission reduction compliance or verification.

(5) As used in this section, unless the context otherwise requires:

(a) "Anaerobic digester" means a sealed, oxygen-free tank into which feedstock, such as food waste, animal manure, or wastewater sludge, is placed for anaerobic digestion by microorganisms. An anaerobic digester can be used as a means of waste disposal or energy production.

(b) "Disproportionately impacted communities" has the meaning set forth in section 24-4-109 (2)(b)(II).

(c) "Dry digester" means an anaerobic digester that processes feedstock with a low moisture content.
C.R.S. § 35-5.5-101 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-101
35-5.5-101. Short title
Status: in_force

35-5.5-101. Short title. This article shall be known and may be cited as the "Colorado Noxious Weed Act".
C.R.S. § 35-36-102 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-102
35-36-102. Definitions
Status: in_force

35-36-102. Definitions. As used in this article 36, unless the context otherwise requires:

(1) "Agent" means a person who, on behalf of a dealer or small-volume dealer, buys, receives, contracts for, or solicits any farm products from or sells farm products for the owner of the farm products or who negotiates the consignment or purchase of any farm products on behalf of a dealer or small-volume dealer.

(2) "Bailee" means a person who, by a negotiable warehouse receipt or other document of title, acknowledges possession of goods and contracts to deliver them.

(3) "Bailment" means the act of delivering goods or personal property to another in trust.

(4) "Commercial feeding" means the feeding of livestock by a person who receives compensation from the owner of the livestock for the feeding.

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

(6) "Commissioner" means the commissioner of agriculture or the commissioner's designee.

(7) "Commodity" means unprocessed small, hard seeds or fruits such as wheat, corn, oats, barley, rye, sunflower seeds, soybeans, beans, grain sorghum, industrial hemp, and such other seeds or fruits as the commissioner may determine.

(8) (a) "Commodity handler" means a person:

(I) Engaged in buying any commodities from the owner for processing or resale;

(II) Engaged in receiving and taking possession of any commodities from the owner for storage or safekeeping;

(III) Engaged in soliciting or negotiating sales of commodities between the vendor and purchaser respectively;

(IV) Who receives on consignment or solicits from the owner of a commodity any kind of commodity for sale on commission on behalf of the owner, who accepts any commodity in trust from the owner of the commodity for the purpose of resale, or who sells or offers for sale on commission any commodity or in any way handles any commodity for the account of the owner of the commodity; or

(V) Engaged in buying any commodity from the owner of the commodity for the commercial feeding of livestock that are owned wholly or in part by another, at an animal feeding operation with a capacity of more than two thousand five hundred head of livestock.

(b) "Commodity handler" does not include:

(I) A bona fide retail grocery merchant or restaurateur having a fixed or established place of business in Colorado if the use of commodities by the person is directly related to the operation of the person's retail grocery or restaurant; or

(II) A producer as defined in the "Colorado Cottage Foods Act", section 25-4-1614 (9)(c), who earns net revenues of ten thousand dollars or less per calendar year from the sale of each eligible food product.

(9) "Compensation" means something of value or benefit, whether in cash, in kind, or in any other form.

(10) "Consignor" includes a person who ships or delivers to a dealer or small-volume dealer any farm products for handling, sale, or resale.

(11) "Credit sale contract" means a contract for the sale of a commodity or a farm product when the sale price is to be paid on a date later than thirty days after delivery of the commodity or farm product to the buyer and includes those contracts commonly referred to as deferred payment contracts, deferred pricing contracts, and price later contracts.

(12) (a) "Dealer" means a person:

(I) Engaged in buying any farm products from the owner for processing or resale;

(II) Engaged in receiving and taking possession of any farm products from the owner for storage or safekeeping;

(III) Engaged in soliciting or negotiating sales of farm products between the vendor and purchaser respectively;

(IV) Who receives on consignment or solicits from the owner of a farm product any kind of farm product for sale on commission on behalf of the owner, who accepts any farm product in trust from the owner of the farm product for the purpose of resale, or who sells or offers for sale on commission any farm product or in any way handles any farm product for the account of, or as an agent of, the owner of the farm product; or

(V) Engaged in buying any farm products or commodities from the owner of the farm products or commodities for the commercial feeding of livestock that are owned wholly or in part by another, at an animal feeding operation with a capacity of more than two thousand five hundred head of livestock.

(b) "Dealer" does not include:

(I) A bona fide retail grocery merchant or restaurateur having a fixed or established place of business in Colorado if the use of farm products by the person is directly related to the operation of the person's retail grocery or restaurant; or

(II) A producer as defined in the "Colorado Cottage Foods Act", section 25-4-1614 (9)(c), who earns net revenues of ten thousand dollars or less per calendar year from the sale of each eligible food product.

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

(14) (a) (I) "Farm products" includes the following unprocessed products produced in Colorado or owned by any Colorado resident, dealer, or small-volume dealer:

(A) Agricultural, horticultural, viticultural, fruit, and vegetable products of the soil;

(B) Livestock and livestock products, except livestock held by the purchaser and not resold or processed within ninety days after the purchase date;

(C) Milk; and

(D) Honey.

(II) "Farm products" also includes:

(A) Ensiled corn;

(B) Baled, cubed, or ground hay; and

(C) Industrial hemp.

(b) "Farm products" does not include poultry and poultry products, timber products, nursery stock, commodities, marijuana, or natural medicine as defined in section 12-170-104 (12).

(15) "Financial statement" means a statement prepared according to generally accepted accounting principles that accurately presents the financial condition of an applicant or licensee and that includes, at a minimum, a balance sheet and a statement of income.

(16) "Forwarded commodities" means commodities sent to a terminal warehouse and put on open storage in the name of the forwarding warehouse operator.

(17) "Handling" means buying commodities for resale or processing, brokering commodities, or receiving and loading out commodities tendered for storage.

(18) "Industrial hemp" has the meaning set forth in section 35-61-101 (7).

(19) "Livestock" has the meaning set forth in section 35-1-102 (6).

(20) "Loss" means any monetary loss to a producer or owner that is of an extraordinary nature and that includes but is not limited to, bankruptcy, embezzlement, theft, fraud, or negligence.

(21) "Marijuana" has the meaning set forth in section 16 (2)(f) of article XVIII of the Colorado constitution.

(22) "Market value" means the value required by law to be used by insurance underwriters in paying for losses of commodities insured for their actual value.

(23) "Negotiable warehouse receipt" means a receipt that specifies by its terms that the goods are to be delivered to the bearer or to the order of a named person. Any other receipt is nonnegotiable.

(24) "Owner" means any person in whom legal title to any commodity or farm product is vested, whether produced by the owner or acquired by purchase.

(25) "Person" includes:

(a) An individual, firm, association, partnership, or corporation; or

(b) The commissioner.

(26) "Processing" means the operation of canning, drying, fermenting, distilling, extracting, preserving, grinding, crushing, flaking, mixing, or otherwise changing the form of a commodity or farm product for the purpose of selling or reselling any of the resulting products.

(27) "Producer" means a person engaged in growing commodities or farm products or producing farm products.

(28) "Provisional insurance coverage" means a certificate or any other satisfactory evidence of fire and extended coverage insurance issued by an insurance company authorized to do business in this state insuring every commodity in the custody of a warehouse operator, whether held for others or owned by the warehouse operator, at the full local market value of each commodity.

(29) "Public warehouse" includes an elevator, mill, warehouse, or other structure in which commodities are received from one or more members of the public for storage.

(30) "Retail grocery merchant" means a person whose sales consist of more than fifty percent nonfarm-product and noncommodity grocery household merchandise.

(31) "Scale ticket" means a receipt issued for a commodity that names the person to whom it is issued and the kind and grade of the commodity stored.

(32) "Settlement sheet" means a summary of a commodity handler's or small-volume commodity handler's transactions with an owner.

(33) "Small-volume commodity handler" means a person who:

(a) Has a fixed or established place of business in this state;

(b) Engages in commodities handling;

(c) Buys less than two hundred fifty thousand dollars' worth of commodities and farm products per year from owners for processing or resale; and

(d) Does not purchase commodities for commercial feeding of livestock.

(34) "Small-volume dealer" means a person who:

(a) Does not qualify as a "dealer" under subsections (12)(a)(II) to (12)(a)(V) of this section;

(b) Has a fixed or established place of business in Colorado;

(c) Buys less than twenty thousand dollars' worth of farm products or commodities, in aggregate, per year from the owners for processing or resale; and

(d) Does not purchase farm products for commercial feeding of livestock.

(35) "Storage" means the holding of a commodity or farm product for another by a person who does not directly own the commodity or farm product. "Storage" does not include transportation of a commodity or farm product.

(36) "Terminal warehouse" means a public warehouse licensed by the department, the United States department of agriculture, or any state that has a warehouse examination cooperative agreement with Colorado or the United States department of agriculture.

(37) "Warehouse operator" includes a person owning, operating, or controlling a public warehouse.
C.R.S. § 35-41.5-111 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-111
35-41.5-111. Escaped alternative livestock
Status: in_force

35-41.5-111. Escaped alternative livestock. (1) Any alternative livestock not recovered by its licensed owner within seventy-two hours after escape shall be reported to the division of parks and wildlife in such manner as required by the division of parks and wildlife.

(2) Any escaped alternative livestock killed by a licensed hunter in a manner which otherwise complies with title 33, C.R.S., and any rules promulgated pursuant thereto, shall be deemed a legal killing and neither the licensed hunter, the department, nor the division of parks and wildlife shall be liable to the owner for such killing.
C.R.S. § 35-42-112 — CO Code / Title 35 / Article 42 / Section 35-42-112
35-42-112. Enforcement
Status: in_force

35-42-112. Enforcement. (1) The commissioner or his designee shall enforce the provisions of this article.

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

(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.

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

(3) Whenever it appears to the commissioner upon sufficient evidence satisfactory to the commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted pursuant to this article, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule adopted 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. § 35-5.5-103 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-103
35-5.5-103. Definitions
Status: in_force

35-5.5-103. Definitions. As used in this article, unless the context otherwise requires:

(1) (Deleted by amendment, L. 96, p. 764, § 5, effective May 23, 1996.)

(2) "Alien plant" means a plant species that is not indigenous to the state of Colorado.

(3) (Deleted by amendment, L. 96, p. 764, § 5, effective May 23, 1996.)

(4) "Commissioner" means the commissioner of the department of agriculture or his or her designee.

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

(5) "District" means a local governing body's geographic description of a land area where noxious weeds are to be managed.

(6) (Deleted by amendment, L. 96, p. 764, § 5, effective May 23, 1996.)

(7) "Federal agency" means each agency, bureau, or department of the federal government responsible for administering or managing federal land.

(8) "Federal land manager" means the federal agency having jurisdiction over any federal lands affected by the provisions of this article.

(9) "Integrated management" means the planning and implementation of a coordinated program utilizing a variety of methods for managing noxious weeds, the purpose of which is to achieve specified management objectives and promote desirable plant communities. Such methods may include but are not limited to education, preventive measures, good stewardship, and the following techniques:

(a) "Biological management", which means the use of an organism to disrupt the growth of noxious weeds.

(b) "Chemical management", which means the use of herbicides or plant growth regulators to disrupt the growth of noxious weeds.

(c) "Cultural management", which means methodologies or management practices that favor the growth of desirable plants over noxious weeds, including maintaining an optimum fertility and plant moisture status in an area, planting at optimum density and spatial arrangement in an area, and planting species most suited to an area.

(d) "Mechanical management", which means methodologies or management practices that physically disrupt plant growth, including tilling, mowing, burning, flooding, mulching, hand-pulling, hoeing, and grazing.

(10) "Landowner" means any owner of record of federal, tribal, state, county, municipal, or private land.

(10.5) "Local advisory board" means those individuals appointed by the local governing body to advise on matters of noxious weed management.

(11) "Local governing body" means the board of county commissioners of a county, the city council of a city and county or statutory or home rule city, the board of trustees of a statutory town or home rule town, or the board of selectmen or city council of a territorial charter municipality, as the context so requires.

(11.4) "Local noxious weed" means any plant of local importance that has been declared a noxious weed by the local governing body.

(11.6) "Management" means any activity that prevents a plant from establishing, reproducing, or dispersing itself.

(11.7) "Management objective" means the specific, desired result of integrated management efforts and includes:

(a) "Eradication" which means reducing the reproductive success of a noxious weed species or specified noxious weed population in largely uninfested regions to zero and permanently eliminating the species or population within a specified period of time. Once all specified weed populations are eliminated or prevented from reproducing, intensive efforts continue until the existing seed bank is exhausted.

(b) "Containment" which means maintaining an intensively managed buffer zone that separates infested regions, where suppression activities prevail, from largely uninfested regions, where eradication activities prevail.

(c) "Suppression" which means reducing the vigor of noxious weed populations within an infested region, decreasing the propensity of noxious weed species to spread to surrounding lands, and mitigating the negative effects of noxious weed populations on infested lands. Suppression efforts may employ a wide variety of integrated management techniques.

(d) "Restoration" which means the removal of noxious weed species and reestablishment of desirable plant communities on lands of significant environmental or agricultural value in order to help restore or maintain said value.

(12) "Management plan" means the noxious weed management plan developed by any person or the local advisory board using integrated management.

(13) (Deleted by amendment, L. 96, p. 764, § 5, effective May 23, 1996.)

(14) "Municipality" has the meaning set forth in section 31-1-101 (6), C.R.S.

(15) "Native plant" means a plant species that is indigenous to the state of Colorado.

(16) "Noxious weed" means an alien plant or parts of an alien plant that have been designated by rule as being noxious or has been declared a noxious weed by a local advisory board, and meets one or more of the following criteria:

(a) Aggressively invades or is detrimental to economic crops or native plant communities;

(b) Is poisonous to livestock;

(c) Is a carrier of detrimental insects, diseases, or parasites;

(d) The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems.

(16.2) "Noxious weed management" means the planning and implementation of an integrated program to manage noxious weed species.

(17) "Person" or "occupant" means an individual, partnership, corporation, association, or federal, state, or local government or agency thereof owning, occupying, or controlling any land, easement, or right-of-way, including any city, county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, borrow pit, gas and oil pipeline, high voltage electrical transmission line, or right-of-way for a canal or lateral.

(18) "Plant growth regulator" means a substance used for controlling or modifying plant growth processes without appreciable phytotoxic effect at the dosage applied.

(18.5) "State noxious weed" means any noxious weed identified by the commissioner by rule after notifying and consulting with the state noxious weed advisory committee created in section 35-5.5-108.7.

(18.6) "State weed coordinator" means the state weed coordinator under contract with or appointed by the commissioner pursuant to section 35-5.5-117.

(19) and (20) (Deleted by amendment, L. 96, p. 764, § 5, effective May 23, 1996.)

(21) "Weed" means any undesirable plant.
C.R.S. § 35-75-114 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-114
35-75-114. Personal liability
Status: in_force

35-75-114. Personal liability. Neither the members of the board, employees of the authority, nor any person executing the bonds or notes shall be liable personally on bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
C.R.S. § 35-44-109 — CO Code / Title 35 / Article 44 / Section 35-44-109
35-44-109. Official state livestock paper
Status: in_force

35-44-109. Official state livestock paper. It is the duty of the state board of stock inspection commissioners to designate a livestock newspaper, of general circulation among the cattle and horse owners of the state, as the official state livestock paper, wherein all estray notices and advertisements of estrays may be legally made. In case of a change being made in the selection of such paper, the paper then publishing these notices shall publish a notice of said change for at least thirty days.
C.R.S. § 35-60-103 — CO Code / Title 35 / Article 60 / Section 35-60-103
35-60-103. Commercial feed registration - rules
Status: in_force

35-60-103. Commercial feed registration - rules. (1) No person shall manufacture commercial feed within the state, or allow his or her name to appear on the label of a commercial feed as guarantor, without first registering with the department. Such registration shall expire on the date specified by the commissioner by rule and may be renewed annually.

(2) Nothing in this article shall require a person to register with the department to do the following:

(a) Distribute packaged commercial feed in its original package if that feed was packaged and labeled by a registered manufacturer or distributor whose name and address appears on the package label;

(b) Distribute bulk commercial feed that is:

(I) Distributed in the same form, but not necessarily the same quantities, in which it was received from a registered manufacturer or distributor; and

(II) Labeled with the information, except the quantity statement, that was provided by the registered manufacturer or distributor from whom the bulk commercial feed was received;

(c) Manufacture or distribute a customer-formula feed; except that the manufacturer of such customer-formula feed shall:

(I) Distribute such customer-formula feed only to the final purchaser for whom the feed was formulated;

(II) Obtain all commercial feeds used as ingredients in such customer-formula feed from registered manufacturers or distributors; and

(d) Manufacture or distribute commercial feed as an employee of a person registered pursuant to subsection (1) of this section.
C.R.S. § 35-27.5-103 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-103
35-27.5-103. Rules and regulations
Status: in_force

35-27.5-103. Rules and regulations. (1) The commissioner shall adopt reasonable and necessary rules and regulations to carry out the provisions of this article in compliance with section 24-4-103, C.R.S., and subject to the requirements of section 35-27.5-107.

(2) Rules and regulations adopted pursuant to subsection (1) of this section shall include but shall not be limited to rules and regulations concerning the following:

(a) Designation of weeds as noxious and prohibited;

(b) Procedures for certification of weed free crops;

(c) Qualification standards for persons seeking designation as authorized inspectors or as qualified employees;

(d) Crop inspection procedures;

(e) Treatment procedures for the eradication of viable noxious weeds from crops; and

(f) Procedures for identifying and tracking certified weed free crops.
C.R.S. § 35-9-114 — CO Code / Title 35 / Article 9 / Section 35-9-114
35-9-114. Pesticide dealer license - required
Status: in_force

35-9-114. Pesticide dealer license - required. (1) Effective January 1, 1992, any person who acts as a pesticide dealer must possess a valid pesticide dealer license issued by the commissioner in accordance with this article and any rules or regulations adopted pursuant thereto.

(2) Each business location, including branch offices, and each business name must be licensed.
C.R.S. § 35-26-107 — CO Code / Title 35 / Article 26 / Section 35-26-107
35-26-107. Advisory committee - sunset review
Status: repealed

35-26-107. Advisory committee - sunset review. (Repealed)
C.R.S. § 35-53.5-113 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-113
35-53.5-113. Civil penalties
Status: in_force

35-53.5-113. Civil penalties. (1) (a) Any person who violates any provision of this article or of any rule adopted pursuant to this article is subject to a civil penalty, not to exceed one thousand dollars per violation, as determined by the board or a court of competent jurisdiction.

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

(c) All civil penalties levied and collected pursuant to this article shall be credited to the brand inspection fund created in section 35-41-102. All moneys credited to such fund pursuant to this article, together with any interest earned thereon, shall be retained in the fund and shall not revert to the general fund or any other fund except as may be directed by the general assembly, acting by bill.

(2) Nothing in this article shall be construed to limit the authority of the board or any other law enforcement agency to investigate or prosecute violations of local, state, or federal law except as otherwise specifically provided.

(3) Nothing in this article shall be construed to immunize any person from civil liability.
C.R.S. § 35-36-216 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-216
35-36-216. Bonds or irrevocable letters of credit - exemptions
Status: in_force

35-36-216. Bonds or irrevocable letters of credit - exemptions. (1) (a) Before any license is issued to a commodity handler, the applicant shall file with the commissioner a bond executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as a surety or an irrevocable letter of credit meeting the requirements of section 11-35-101.5, in the sum of not less than ten thousand dollars nor more than one million dollars, at the discretion of the commissioner.

(b) The bond or irrevocable letter of credit must be conditioned upon compliance with this part 2 and section 35-36-104 and upon the faithful and honest handling of commodities in accordance with this part 2 and section 35-36-104 and must cover any inspection fees due the department by the commodity handler and all costs and reasonable attorney fees incident to any suit upon the bond or irrevocable letter of credit. The bond or irrevocable letter of credit must be to the department in favor of every producer or owner and, in the instance of a bond, must remain in full force and effect until canceled by the surety upon thirty days' prior written notice to the commissioner.

(c) (I) A producer or owner within the state of Colorado claiming to be injured by the fraud, deceit, or willful negligence of, or failure to comply with this part 2 and section 35-36-104 by, a commodity handler may request the department, as beneficiary, to demand payment on the irrevocable letter of credit or surety bond to recover the damages caused by the fraud, deceit, willful negligence, or failure to comply with this part 2 and section 35-36-104.

(II) The surety on the bond or the issuer of the letter of credit is not liable to pay any claim pursuant to an action brought under this part 2 if the action is not commenced within five hundred forty-eight days, which is approximately eighteen months, after the date of the transaction, as that term is described in section 35-36-213 (13), on which the claim is based, or the date of the loss, whichever is later.

(d) When an action is commenced on the bond or irrevocable letter of credit, the commissioner may require the filing of a new bond or irrevocable letter of credit, and the commodity handler's failure to file the new bond or irrevocable letter of credit within ten days after the commencement of the action constitutes grounds for the suspension or revocation of the commodity handler's license.

(e) A person licensed pursuant to part 3 of this article 36 may apply for a license as a commodity handler and is not subject to the license fee required by section 35-36-203. The bond or irrevocable letter of credit required by section 35-36-304 applies to the person's activities as a commodity handler and is subject to this section and section 35-36-213.

(2) Whenever the commissioner determines that a previously approved bond or irrevocable letter of credit is or for any cause has become insufficient, the commissioner may require that a commodity handler provide an additional bond or irrevocable letter of credit or other evidence of financial responsibility to conform to the requirements of this part 2 and section 35-36-104 or any rule promulgated pursuant to this article 36 regarding commodity handlers. The commodity handler's failure to comply with the commissioner's requirement within thirty days after written demand for compliance constitutes grounds for the suspension or revocation of the commodity handler's license.

(3) This section does not apply to small-volume commodity handlers.
C.R.S. § 35-55-111 — CO Code / Title 35 / Article 55 / Section 35-55-111
35-55-111. Records
Status: in_force

35-55-111. Records. Operators of all public livestock markets shall keep on file an accurate record of the date on which a consignment of animals was received and sold, together with the name and address of the buyer and seller, the number and species of the animals received and sold, and the marks and brands on each animal. Said records together with the gross selling prices, commission, and other proper care, handling, and sale charges on each consignment shall be available for inspection by the executive officer of the state board of stock inspection commissioners, his deputy, or authorized inspector. All records of sales during preceding months shall be kept readily accessible for immediate examination.
C.R.S. § 35-73-108 — CO Code / Title 35 / Article 73 / Section 35-73-108
35-73-108. Reporting requirement
Status: in_force

35-73-108. Reporting requirement. (1) No later than January 31 of each year, the department shall prepare and make available to the public a report on its official website that must contain the following information for the previous year:

(a) An accounting of all money received and spent for the soil health program;

(b) A description of activities undertaken, including the number and type of grant-funded projects and the educational and stakeholder engagement activities; and

(c) A summary of the activities and recommendations of the advisory committee.

(2) Notwithstanding section 24-1-136 (11)(a)(I), no later than January 31 of each year, the department shall submit the report prepared in accordance with subsection (1) of this section to the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees.

(3) Notwithstanding section 24-1-136 (11)(a)(I), the department shall annually report each gift, grant, or donation, including the identity of the donor, in its budget request for the state fiscal year to the joint budget committee and at the hearing required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.
C.R.S. § 35-42-105 — CO Code / Title 35 / Article 42 / Section 35-42-105
35-42-105. State bureau of animal protection - creation
Status: in_force

35-42-105. State bureau of animal protection - creation. There is created in the department of agriculture the state bureau of animal protection, referred to in this article 42 as the "bureau". The bureau is a type 2 entity, as defined in section 24-1-105.
C.R.S. § 35-57.8-111 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-111
35-57.8-111. Refunds
Status: in_force

35-57.8-111. Refunds. (1) Any person who has paid an assessment at the time of brand inspection as required by section 35-57.8-109 shall, upon request, be entitled to a refund of such assessment from the board within a reasonable time; except that a person who has purchased a Colorado horse development authority assessment card shall not be entitled to a refund pursuant to this section.

(2) Notwithstanding any other laws to the contrary, and to carry out the intent of this section to ensure a refund, the board, except as provided by subsection (3) of this section, is authorized to process claims for refund and may make such refunds without the necessity of verification of payment by the applicant. The refund shall be based only on the signed statement of the refund claim and other information as is contained thereon unless other information or verification is required by subsection (3) of this section.

(3) The board, before processing and making a refund, may require any additional information or verification it deems necessary to determine the validity of the claim for refund. The board may file an action to recover from any person a refund of assessments illegally obtained.

(4) A claim for refund shall be signed by the person who paid the contribution. Any person who files a fraudulent or false claim for refund, who, by any false pretenses, obtains or attempts to obtain a refund not legally due such person, or who signs a claim for refund in the name of and for another person commits theft, as defined in section 18-4-401, C.R.S., and shall be punished accordingly.
C.R.S. § 35-28-111 — CO Code / Title 35 / Article 28 / Section 35-28-111
35-28-111. Termination of marketing order
Status: in_force

35-28-111. Termination of marketing order. The commissioner shall suspend, amend, or terminate any marketing order, or any provision of any marketing order, whenever he finds that such provision or order does not tend to effectuate the declared purposes of this article within the standards and subject to the limitations and restrictions imposed in this article, but such suspension or termination shall not be effective until the expiration of the current marketing season. If the commissioner finds that the termination of any marketing order is requested in writing by more than fifty percent of the producers, who are engaged within the designated production area in the production for market of the commodity specified in such marketing order, or who produce for market more than fifty percent of the volume of such commodity produced within the designated production area for market, the commissioner shall terminate or suspend for a specified period such marketing order or provision thereof, but such termination shall be effective only if announced on or before such date, as may be specified in such order.
C.R.S. § 35-80-116.5 — CO Code / Title 35 / Article 80 / Section 35-80-116.5
35-80-116.5. Pet overpopulation authority - creation - duties and powers - pet overpopulation
Status: in_force

35-80-116.5. Pet overpopulation authority - creation - duties and powers - pet overpopulation fund. (1) There is hereby created the Colorado pet overpopulation authority, also referred to in this section as the "authority", which shall be a body corporate and a political subdivision of the state. The authority is not an agency of state government and is not subject to administrative direction by any state agency except as provided in this article.

(2) (a) The powers of the Colorado pet overpopulation authority shall be vested in a board of directors consisting of the following:

(I) One representative of the animal assistance foundation or its successor organization;

(II) One representative of the Colorado federation of animal welfare agencies or its successor organization;

(III) One representative of a state veterinary medical association;

(IV) One representative of an association organized for Colorado animal control officers;

(V) One representative from the department of agriculture;

(VI) One member from an animal rescue organization;

(VII) One member of the general public with an interest in animal welfare; and

(VIII) One representative of western Colorado.

(b) The commissioner shall appoint the board members to three-year terms; except that three of the members appointed on September 1, 2001, shall serve an initial term of two years. Each member shall serve at the pleasure of the commissioner and shall continue in office until the member's successor is appointed and qualified. Initial members of the authority shall be appointed no later than September 1, 2001.

(c) On the expiration of the term of a member of the board, that member's successor shall be appointed by the commissioner for a term of three years; except that, in the case of a vacancy, the commissioner shall appoint a person who shall serve for the unexpired term.

(3) (a) Each board member shall meet the following qualifications at the time of appointment and throughout the member's term of office:

(I) Residency in this state; and

(II) Demonstration of an active interest in the education of the community regarding the benefits of pet overpopulation control in Colorado.

(b) The commissioner shall immediately declare the office of any member of the board vacant whenever the commissioner finds that the member is not qualified under this subsection (3) or that the member is unable to perform the duties of the office.

(c) Members shall serve without compensation for any service provided to the Colorado pet overpopulation authority. Members shall not receive any reimbursement from the board for any expenses incurred fulfilling their responsibilities pursuant to this section.

(4) The board may:

(a) Adopt an education program concerning pet overpopulation with emphasis on the importance of spaying and neutering to control pet overpopulation;

(b) Develop, adopt, and implement a process to fund and expend moneys for the activities and responsibilities of the board. Funding for the board includes the moneys available in the pet overpopulation fund created in subsection (5) of this section.

(c) Accept gifts, grants, and donations, including personal services, for the activities and responsibilities of the board. Any gift, grant, or donation other than personal services shall be deposited into the pet overpopulation fund created in subsection (5) of this section.

(d) Develop, adopt, and implement a cooperative process to work with local veterinarians, licensed animal shelters, and local communities concerning animal sheltering and pet overpopulation control in this state.

(5) (a) Donations collected pursuant to subsection (4) of this section and section 39-22-2201, C.R.S., shall be transmitted to the state treasurer and credited to the pet overpopulation fund, which fund is hereby created in the state treasury. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.

(b) All unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and not revert back to the general fund or any other fund or be used for any purpose other than the purposes set forth in this section. Such moneys shall be appropriated continually to the state treasurer, who shall transfer all available moneys in the pet overpopulation fund to the pet overpopulation authority at least quarterly unless the board expressly requests otherwise. The board shall expend moneys from the pet overpopulation fund for the implementation of this section.

(c) When expending funds to implement this section, the Colorado pet overpopulation authority shall give priority to the areas that have an insufficient number of pet animal veterinary resources to adequately meet local needs.

(d) There is hereby created in the pet overpopulation fund the adopt a shelter pet account, which consists of moneys donated to qualify for the adopt a shelter pet special license plate pursuant to section 42-3-234, C.R.S.

(e) The authority shall use the moneys in the adopt a shelter pet account to support the spay and neutering and other medical costs of animals in animal shelters and rescues or to support overpopulation education programs; except that up to ten percent of the moneys in the adopt a shelter pet account may be used for the administration of the account.

(6) Except as provided in section 42-3-234, C.R.S., the Colorado pet overpopulation authority, created pursuant to this section, shall not be funded by or through any state agency.

(7) Nothing in this section shall be construed to authorize the Colorado pet overpopulation authority to promulgate rules to implement this section.
C.R.S. § 35-1-111 — CO Code / Title 35 / Article 1 / Section 35-1-111
35-1-111. Records of receipts and expenditures - appropriations
Status: in_force

35-1-111. Records of receipts and expenditures - appropriations. (1) The department shall maintain records, in the manner prescribed by the controller, on all receipts and expenditures made with respect to each service for which moneys are credited to the general fund under the provisions of articles 1 to 13, 26, and 27 of this title and article 24 of title 30, C.R.S.

(2) The general assembly shall appropriate moneys from the general fund for the administration of the services rendered by the department for which moneys are credited to the general fund under the provisions of articles 1 to 13, 26, and 27 of this title and article 24 of title 30, C.R.S.
C.R.S. § 35-12-109 — CO Code / Title 35 / Article 12 / Section 35-12-109
35-12-109. Deviation from guaranteed analysis - penalties
Status: in_force

35-12-109. Deviation from guaranteed analysis - penalties. (Deleted by amendment)
C.R.S. § 35-28-124 — CO Code / Title 35 / Article 28 / Section 35-28-124
35-28-124. Agricultural commodities - preferences - promotion - task force - legislative de
Status: repealed

35-28-124. Agricultural commodities - preferences - promotion - task force - legislative declaration - repeal. (Repealed)
C.R.S. § 35-44-106 — CO Code / Title 35 / Article 44 / Section 35-44-106
35-44-106. Proceeds of sale - rules
Status: in_force

35-44-106. Proceeds of sale - rules. The brand inspector making the sale of such estray shall return the proceeds of such sale to the state board of stock inspection commissioners, who shall pay the expenses incurred in taking into custody, holding, advertising, and selling such animal, and place the balance in the estray fund of said board, making a record of the same, showing the marks and brands and other means of identification of said animal, and giving the amount realized from the sale of same, which record shall be open to the inspection of the public. Should the owner of any estray that has been sold be found within three years after the sale of such animal, the net amount received from the sale of said estray, less a sum determined by the board by rule, for each estray, to be retained by the board, shall be paid to said owner upon the owner proving ownership to the satisfaction of the board.
C.R.S. § 35-43-129 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-129
35-43-129. Branding of calves required - exceptions
Status: in_force

35-43-129. Branding of calves required - exceptions. (1) It is unlawful for any person, company, or corporation to sell, offer for sale, slaughter, or move, either within the state or to a destination outside of Colorado, any calf under weaning age that is not branded with a Colorado recorded brand of the owner of the mother cow. A brand upon any calf shall be past the peeling state at the time that a calf is sold, offered for sale, slaughtered, or moved, except in the following cases:

(a) When the calf is accompanied by its branded ownership-proven mother;

(b) When the calf is accompanied by a current brand certificate issued by a duly authorized Colorado brand inspector after inspection at a time when such calf is with its branded ownership-proven mother;

(c) When the calf is a registered purebred breed or pure dairy breed, but this exception shall not apply to a crossbred calf.

(2) Any person, company, or corporation whose principal operation consists of feeding cattle for slaughter or operating a dairy may apply to the state board of stock inspection commissioners for a permit authorizing such person, company, or corporation to sell or offer for sale a calf under ten days old, which was born at the dairy or in the feed lot, without meeting the requirements of subsection (1) of this section. Such application shall be accompanied by a description of the operation. Upon determining that the applicant is qualified, the board shall issue a numbered permit to the applicant. Any calf under ten days old which is sold or offered for sale shall have affixed an eartag, supplied by the board, which bears the applicant's permit number. A calf sold under the provisions of this subsection (2) shall be accompanied by a duly executed bill of sale containing the owner's permit number and signed by the dairy owner or the feed lot owner.

(3) If a Colorado brand inspector is called to inspect an unbranded or freshly branded calf with its mother, any mileage expense shall be paid by the owner in addition to any brand inspection fee.

(4) Any person, company, or corporation who violates any of the provisions of this section commits a class 2 misdemeanor.

(5) Unbranded calves subject to this article, when found by brand inspectors at public livestock markets or at shipping points, shall be handled as estrays or questionable ownership livestock according to sections 35-43-118 and 35-53-107.
C.R.S. § 35-57-112 — CO Code / Title 35 / Article 57 / Section 35-57-112
35-57-112. Meetings
Status: in_force

35-57-112. Meetings. The board shall elect a chairperson from among its members and a secretary-treasurer who may or may not be from among its members. It shall adopt a general statement of policy for guidance. The board shall meet regularly once each six months and at such other times as called by the chairperson. The chairperson may call special meetings at any time and shall call a special meeting when requested by four or more members of the board.
C.R.S. § 35-26-114 — CO Code / Title 35 / Article 26 / Section 35-26-114
35-26-114. Enforcement
Status: in_force

35-26-114. Enforcement. (1) After an investigation, the commissioner may, through the attorney general, institute and prosecute the proper proceedings for the enforcement of any of the provisions of this article, or for the recovery of any money due the department, or any penalty provided for in this article, and shall defend in like manner all suits, actions, or proceedings brought against the commissioner or the department.

(2) The commissioner may deny, suspend, or revoke a registration if the applicant or holder thereof does not engage in the sale of nursery stock.

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

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

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

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

(4) The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before him 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 an administrative subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.

(5) Whenever it appears to the commissioner, upon sufficient evidence satisfactory to the commissioner, 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, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order promulgated 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.

(6) 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 and until dismissed or until notice of hearing and charges are served on a registrant.

(7) The commissioner may deny, revoke, or suspend any registration for any of the following:

(a) If the party has violated any provision of this article or any rules promulgated pursuant to this article;

(b) If the party has had a felony conviction related to the conduct regulated by this article;

(c) If there has been fraud or deception in the procurement or attempted procurement of a registration;

(d) If the party has failed to comply with a lawful order of the commissioner;

(e) If the party has knowingly misrepresented information on his application;

(f) If the party has had an equivalent registration or license revoked or suspended by any authority; and

(g) If the party has forged or otherwise falsified a certificate of inspection.
C.R.S. § 35-4-101.5 — CO Code / Title 35 / Article 4 / Section 35-4-101.5
35-4-101.5. Legislative declaration
Status: in_force

35-4-101.5. Legislative declaration. The general assembly hereby finds and declares that there is a need to prevent the introduction into Colorado and the dissemination within this state of plant pests through the movement of plant products and other plant material. This act provides for the regulation of the movement of plant products, materials, and pests in Colorado and establishes provisions under which such plant products and materials may legally enter or leave the state. This act also provides for the establishment of interstate and intrastate quarantines to restrict the movement of plant products, materials, and pests. To this end, the commissioner of agriculture is hereby directed and authorized to control and prevent, by such means as shall be prescribed and provided by law, rule, or order of the commissioner, all contagious, infectious, and plant pests destructive to the state's agricultural, forestry, or horticultural interests or to the state's general environmental quality.
C.R.S. § 35-38-110 — CO Code / Title 35 / Article 38 / Section 35-38-110
35-38-110. Current agreements - effect of law - void provisions
Status: in_force

35-38-110. Current agreements - effect of law - void provisions. (1) Effective July 1, 1995, this article shall apply to dealer agreements at the time such agreements are extended, revised, modified, or changed in any manner and shall apply to all dealer agreements entered into or renewed on or after July 1, 1995.

(2) A provision in any contract or agreement with respect to a supplier that requires jurisdiction or venue outside of this state or requires the application of the laws of another state or country is void with respect to a claim otherwise enforceable under this article.
C.R.S. § 35-29.5-103 — CO Code / Title 35 / Article 29.5 / Section 35-29.5-103
35-29.5-103. Colorado wine industry development board - creation - members
Status: repealed

35-29.5-103. Colorado wine industry development board - creation - members. (1) There is established a Colorado wine industry development board in the department of agriculture for the purpose of encouraging and promoting viticultural and enological research and experimentation to develop maximum yields and quality from Colorado lands suitable to the production of grapes for commercial wine production, to promote the marketing of wines and wine grapes produced in Colorado, to promote the responsible consumption of all wines, to promote the integration of the Colorado wine industry as a component of the state's tourism program, and to serve as a resource for the entire wine industry of Colorado. The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified by this article 29.5 under the department of agriculture.

(2) (a) The board shall consist of nine members appointed by the governor. In making appointments, the governor shall take into consideration any nominations or recommendations made by the wine industry organization in Colorado.

(b) (I) Five of the appointments shall be representatives of licensed wineries in the state. Of such five appointments, one shall be a representative of licensed wineries in the western slope, one shall be a representative of licensed wineries in the grand valley viticultural area, one shall be a representative of licensed wineries in the eastern slope, and two shall be at-large representatives. The appointment of at-large members shall reflect the proportion of fees and excise taxes paid by wineries in each of the three regions. At least one of the winery representatives shall also be a grower.

(II) Two appointments shall be representatives of the wholesale wine distributors in Colorado.

(III) One appointment shall be a representative of wine grape producers.

(IV) One appointment shall be a representative of the retail wine distributors in Colorado.

(c) A representative of the board of directors of the Colorado tourism office, a representative of Colorado state university, and a member of the public must be invited to serve on the board in an ex officio capacity.

(d) Each member of the board shall be a resident of Colorado.

(e) Each member of the board shall be at least twenty-one years of age.

(3) Members of the board serve for terms of four years each to continue in office until a successor is appointed and qualified; except that, in the case of a vacancy on the board, an appointment is for the remainder of the unexpired term. The governor shall not appoint a member to more than two consecutive four-year terms; except that any member appointed for less than two years in the case of a vacancy may be appointed upon the expiration of the shorter term to serve up to two additional four-year terms. Members may continue to serve after the expiration of their terms until the appointment of a successor.

(4) Repealed.

(5) Members of the board shall receive no compensation for their service on the board, but shall be entitled to reimbursement for actual and necessary travel and other actual expenses incurred in the performance of their official duties. The board shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
C.R.S. § 35-57.9-101 — CO Code / Title 35 / Article 57.9 / Section 35-57.9-101
35-57.9-101. Short title
Status: in_force

35-57.9-101. Short title. This article shall be known and may be cited as the "Livestock Information Security Act".
C.R.S. § 35-36-314 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-314
35-36-314. Penalties for theft of farm products
Status: in_force

35-36-314. Penalties for theft of farm products. (1) If farm products are contracted for sale to an out-of-state purchaser, the purchaser is subject to the jurisdiction of the courts of this state in accordance with section 13-1-124 (1)(a). The seller is entitled to all remedies at law in seeking the return of the farm products when the purchaser takes delivery of the products but is unable or refuses to make payment for the products and the products have been physically removed to another state. The court shall give the action priority on the court's docket.

(2) If a person purchases farm products in this state and removes the products to another state and issues a check in payment for those products knowing there are insufficient funds, as defined in section 18-5-205 (1)(d), to pay for the products, the person commits theft of farm products and shall be punished as provided in section 18-4-401 (2).
C.R.S. § 35-45-104 — CO Code / Title 35 / Article 45 / Section 35-45-104
35-45-104. Contents and posting of notice - violations - penalties
Status: in_force

35-45-104. Contents and posting of notice - violations - penalties. Whenever any such portion of such public domain is decreed as a sheep or cattle range or it is decreed that the same is entitled to be used by sheep or cattle owners, as the case may be, the court shall enter an order directing the clerk of the court to give notice of the establishment of such range, which notice shall describe the area or boundaries of the range involved, pursuant to the terms of the decree, and state in substance the findings of the court. Three copies of said notice shall be posted at conspicuous places upon said range by the sheriff of the county in which said range is situated and return made to the clerk of said court, and thereafter it is unlawful for any person, whether acting in the person's own behalf or as the agent, servant, or employee of another, to graze or herd stock not entitled to be herded or grazed thereon. Each such person violating this article 45 commits a petty offense. Each day that any such person violates this article 45 constitutes a separate offense.
C.R.S. § 35-41.5-105 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-105
35-41.5-105. Powers and duties of the board
Status: in_force

35-41.5-105. Powers and duties of the board. (1) The board is hereby authorized to administer and enforce the provisions of this article and any rules adopted pursuant thereto.

(2) The board shall adopt any necessary and reasonable rules for the administration and enforcement of this article, including rules governing:

(a) Operating standards for an alternative livestock farm;

(b) Inspections of alternative livestock for purposes of licensing or renewing a license, changes of ownership of alternative livestock, and movement of alternative livestock, including requiring proof that alternative livestock meet the requirements of a tuberculosis surveillance plan adopted pursuant to section 35-1-106 (1)(o) and that such alternative livestock meet requirements concerning the control of infectious diseases as required by the commission, and requirements concerning genetic purity as required by the parks and wildlife commission;

(c) Establishing the form and manner of submission of records required for licensure and record keeping pursuant to this article;

(d) Establishing standards of practice for a licensee;

(e) Setting classifications and subclassifications of alternative livestock;

(f) Defining grounds for disciplinary action authorized under this article, including letters of admonition or the denial, suspension, revocation, or restriction of any license;

(g) Setting fees for licenses based upon the classification of an alternative livestock farm; and

(h) The disposition of any estray taken up by inspectors as determined to be proper and just and in the best interest of the owner of the estray.

(3) The board shall set licensing and inspection fees for each classification of alternative livestock based on the actual cost of administering and enforcing this article and any rules adopted pursuant thereto.

(4) The board is authorized to charge a service fee to cover the cost of administrative requirements in addition to any inspection fee.

(5) The board is authorized to conduct hearings required under sections 35-41.5-112, 35-41.5-113, and 35-41.5-114 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when the use of administrative law judges would result in a net saving of costs to the board.

(6) The board is authorized to enter into cooperative agreements with and to accept grants from any agency or political subdivision of this state or any other state, or with any agency of the United States government, subject to limitations set forth elsewhere in the Colorado Revised Statutes and the state constitution, to carry out the provisions of this article.

(7) The powers and duties vested in the board by this article may be delegated to qualified employees of the department and the division of parks and wildlife.

(8) The parks and wildlife commission may review rules concerning alternative livestock proposed by the board and may make recommendations to the board concerning such rules.

(9) The board may assign a brand to an alternative livestock farm license. Such brand shall be used as directed by the board pursuant to rule.

(10) If two or more persons claim ownership of any certain alternative livestock and the true owner is not readily ascertainable, the board may:

(a) Treat the alternative livestock as an estray pursuant to article 44 of this title; or

(b) Provide for arbitration of the claim of ownership under the supervision of the board or the designee of the board.
C.R.S. § 35-14-127 — CO Code / Title 35 / Article 14 / Section 35-14-127
35-14-127. Licenses - fees - rules - stickers - certificates
Status: repealed

35-14-127. Licenses - fees - rules - stickers - certificates. [See editor's note following this section] (1) Before operating any scale, textile meter, or cordage meter for commercial purposes, except those exempted in section 35-14-126, the owner shall first procure from the department a license for the operation of the device. All such licenses shall expire on the date established by the commissioner by rule.

(2) Any person desiring to obtain a license for the operation of a scale, textile meter, or cordage meter shall file an application with the department upon a form furnished by the commissioner, which shall contain such information as the commissioner may require. Every application for a license shall be accompanied by the proper fee. A person who fails to renew a license on or before the expiration date of the license shall pay a late fee, as established by the commission, in addition to the license fee.

(3) The commissioner shall test or cause to be tested for accuracy every scale, textile meter, or cordage meter for which the owner has been issued a license to operate at least once every twelve months or more often if necessary. Upon testing and approving a device for use, the commissioner shall affix an approval sticker to the device and may issue a device identification number. If the design, construction, or location of any scale, textile meter, or cordage meter is such as to require a testing procedure involving special equipment or accessories or an abnormal amount of labor, such equipment, accessories, and labor shall be supplied by the licensed owner of the scale, textile meter, or cordage meter as required by the commissioner. Nothing in this section shall prevent an inspector from testing a scale, textile meter, or cordage meter before the issuance of a license if the license fee is paid or is in the process of being paid.

(4) (a) (I) The commission shall establish annual license fees for the operation of commercial weighing and measuring devices based on the number, capacity, and types of devices.

(II) (Deleted by amendment, L. 2007, p. 1905, § 8, effective July 1, 2007.)

(a.5) (Deleted by amendment, L. 2007, p. 1905, § 8, effective July 1, 2007.)

(b) The capacity of a given scale shall be determined by the manufacturer's rated capacity.

(c) The annual license fee for belt conveyor and in-motion railroad scales shall be as determined by the commission.

(5) The commission shall determine the annual license fee for textile meters, cordage meters, moisture meters, grain protein analyzers, certified weighers, persons who sell or install weighing and measuring devices, and persons who service weighing and measuring devices.

(6) to (10) (Deleted by amendment, L. 2007, p. 1905, § 8, effective July 1, 2007.)

(11) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 334, § 23, effective April 2, 2009.)

(12) The fees for inspection and testing pursuant to section 35-14-107 (2) shall be as determined by the commission.

(12.5) (a) For the fiscal year commencing on July 1, 2007, and for each subsequent fiscal year, the commission shall establish fees associated with the licensing, testing, inspection, and regulation of scales with a capacity of one thousand pounds or less, cordage meters, and textile meters. Such fees shall cover the direct and indirect costs of administering and enforcing this article other than subsection (12) of this section, paragraph (b) of this subsection (12.5), and section 35-14-128 (2).

(b) (I) For each fiscal year, commencing on July 1, twenty-five percent of the direct and indirect costs associated with the licensing, testing, inspection, and regulation of certified weighers, scales with a capacity of greater than one thousand pounds, belt conveyers, in-motion railroad scales, moisture-testing devices, and grain protein analyzers must be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund.

(II) Repealed.

(13) All license fees and testing fees collected by the department under this article 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.
C.R.S. § 35-54-101 — CO Code / Title 35 / Article 54 / Section 35-54-101
35-54-101. Bills of sale given for livestock sold
Status: in_force

35-54-101. Bills of sale given for livestock sold. No person, whether as principal or agent, shall sell or otherwise dispose of any livestock, nor shall any person, whether as principal or agent, buy, purchase, or otherwise receive any such livestock, unless the person so selling or disposing of any such livestock gives, and the person buying, purchasing, or otherwise receiving any such livestock takes, a bill of sale, in writing, of the livestock so sold or disposed of, or so bought, purchased, or otherwise received.
C.R.S. § 35-3-101 — CO Code / Title 35 / Article 3 / Section 35-3-101
35-3-101. Short title
Status: in_force

35-3-101. Short title. This article shall be known and may be cited as the "Colorado Agricultural Conservation and Adjustment Act".
C.R.S. § 35-43-112 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-112
35-43-112. Other animals - earmarks
Status: in_force

35-43-112. Other animals - earmarks. Owners of animals other than sheep or hogs in this state may use earmarks, and these earmarks shall be taken in evidence in connection with the owner's recorded brand in all suits at law or in equity or in any criminal proceedings when the title to such property is involved or proper to be proved.
C.R.S. § 35-27-117 — CO Code / Title 35 / Article 27 / Section 35-27-117
35-27-117. Disciplinary actions - denial of registration
Status: in_force

35-27-117. Disciplinary actions - denial of registration. (1) The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or deny, suspend, refuse to renew, or revoke any registration authorized under this article if the registrant:

(a) Refuses or fails to comply with any provision of this article, any rule or regulation adopted under this article, or any lawful order of the commissioner;

(b) Is convicted of a felony for an offense related to the conduct regulated by this article;

(c) Has a registration or license of equivalent status denied, revoked, or suspended by any registering or licensing authority of any state or foreign country;

(d) Refuses to provide the commissioner with reasonable, complete, and accurate information regarding such person's business, if requested to do so by the commissioner; or

(e) Falsifies 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 registrant in another jurisdiction, either foreign or domestic, if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.

(3) (a) All disciplinary actions taken by the commissioner pursuant to this article shall be deemed final for purposes of judicial review.

(b) Any person aggrieved by any disciplinary action taken by the commissioner shall appeal to the Colorado court of appeals.

(4) No registrant whose registration has been revoked may apply or reapply for registration under this article within two years after the date of such revocation.
C.R.S. § 35-25-107 — CO Code / Title 35 / Article 25 / Section 35-25-107
35-25-107. Inspection of beehives for interstate movement
Status: in_force

35-25-107. Inspection of beehives for interstate movement. Any beekeeper or person requesting an inspection of beehives for contagious disease for the purpose of interstate movement shall be liable for all costs of such inspection. The beekeeper or his agent shall accompany and assist the inspector in making the inspection.
C.R.S. § 35-27-106 — CO Code / Title 35 / Article 27 / Section 35-27-106
35-27-106. Tolerances
Status: in_force

35-27-106. Tolerances. (1) Tolerances shall be recognized between:

(a) The percentages or rates of occurrence found by analysis, test, or examination; and

(b) The percentages or rates of occurrence prescribed by the commissioner.

(2) In prescribing tolerances the commissioner shall use as guides:

(a) The tolerances defined in the "Federal Seed Act", 7 U.S.C. secs. 1551 to 1610, as amended; and

(b) Rules for testing seed adopted by the association of official seed analysts.
C.R.S. § 35-57-119 — CO Code / Title 35 / Article 57 / Section 35-57-119
35-57-119. Refunds
Status: in_force

35-57-119. Refunds. (1) Any person who paid a beef board fee at the time of the brand inspection as required by section 35-57-117 shall be entitled to an eighty-five percent refund of such fee. A claim for a refund shall be made to the board of directors of the Colorado beef council authority, hereinafter referred to as the "board", within ten days after the date of the brand inspection.

(2) Only the person who paid the fee shall submit a claim for a refund to the board. A written and signed request for a refund of such fee and a copy of the Colorado brand inspection certificate shall be required for such refund. A person may submit a claim by facsimile or by mail. The postmark date or the facsimile confirmation date shall be used to determine the timeliness of a claim.

(3) The board, before processing or making a refund, may require any additional information or verification it deems necessary to determine the validity of the claim for such refund. All persons who forward claims for such refunds shall keep pertinent records for a period of at least three years and shall make such records available to the board upon request. The board may file an action to recover a refund of a fee from any person who has obtained such refund illegally.

(4) Any person who files a fraudulent or false claim for a refund, or who by any false pretenses obtains or attempts to obtain a refund not legally due to such person, or who signs a refund claim in the name of and for another person commits theft, as defined in section 18-4-401, C.R.S., and shall be punished according to law.
C.R.S. § 35-43-105 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-105
35-43-105. Fee to record brands - unlawful use - penalty
Status: in_force

35-43-105. Fee to record brands - unlawful use - penalty. (1) Any person, association, or corporation desiring to adopt a brand, not then being the recorded brand of another person, association, or corporation, shall forward to the state board of stock inspection commissioners a facsimile of the desired brand, together with a written application to adopt such brand, and shall accompany the same with a fee in an amount determined by the board by rule. Upon receipt of the facsimile and fee, the board shall record the brand, unless the brand stands of record as or is in conflict with that of some other person, association, or corporation, in which case the board shall not record the brand but shall return the facsimile to the forwarding party.

(2) It is unlawful for any person, association, or corporation to brand or cause to be branded any livestock with a brand which has not been recorded with the state board of stock inspection commissioners, as provided in subsection (1) of this section, or with a brand which has been previously recorded by another person, association, or corporation. When any owner of a recorded brand in use in this state moves his cattle, branded with his own brand, to a new and different range or locality in this state within which territory there is in use a conflicting or similar recorded brand, the state board of stock inspection commissioners may order such recorded brand owner so moving to a new range or locality to discontinue the use of his recorded brand in that locality; and the board, at its discretion, may cancel such brand ordered to be so discontinued.

(3) Any person, association, or corporation or any employee thereof who violates any of the provisions of subsection (2) of this section commits a class 2 misdemeanor.
C.R.S. § 35-44-112 — CO Code / Title 35 / Article 44 / Section 35-44-112
35-44-112. Abandoned livestock
Status: in_force

35-44-112. Abandoned livestock. (1) The state board of stock inspection commissioners shall have the charge and control of all livestock abandoned or neglected by the owners thereof, and any officer or agent of the state board of stock inspection commissioners may take charge of any such stock or animals found abandoned or neglected.

(2) The state board of stock inspection commissioners, upon taking charge of any such stock or animals, shall forthwith give notice to the owners thereof, if known, and shall care and provide for such stock or animals for a period of ten days from and after the mailing or giving of such notice to the owners of said animals or until the owners take charge of the same within said ten days. The expense of such care and provision shall be a lien upon such stock or animals and shall be paid by the owners to the said state board of stock inspection commissioners before the owners shall be entitled to the possession of the animals.

(3) Upon the owner's failure to pay said expense charges, said stock or animals or such a number thereof as may be necessary shall be sold to the best advantage by the state board of stock inspection commissioners in its discretion at public or private sale, and the proceeds of such sale shall be paid to the owners, after all expenses incurred for the care and provision of said animals and all costs of said sale are deducted. The purchaser at such sale shall be entitled to a bill of sale from the state board of stock inspection commissioners, by virtue of which the purchaser shall acquire a good and valid title; but no sale shall be made previous to the expiration of ten days from and after the date of said notice to the owners.
C.R.S. § 35-29.5-101 — CO Code / Title 35 / Article 29.5 / Section 35-29.5-101
35-29.5-101. Short title
Status: in_force

35-29.5-101. Short title. This article shall be known and may be cited as the "Colorado Wine Industry Development Act".
C.R.S. § 35-36-214 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-214
35-36-214. Procedure on shortage - refusal to submit to inspection
Status: in_force

35-36-214. Procedure on shortage - refusal to submit to inspection. (1) Whenever it appears probable after investigation that a licensed warehouse operator does not possess sufficient commodities to cover the outstanding negotiable warehouse receipts, scale tickets, or other evidence of storage liability issued or assumed by the warehouse operator, the department may give notice to the warehouse operator that the warehouse operator is required to do all or any of the following:

(a) Cover the shortage;

(b) Give an additional bond or irrevocable letter of credit;

(c) Submit to such inspection as the department may deem necessary.

(2) If the warehouse operator fails to comply with the terms of the notice within twenty-four hours after the date of its issuance or within such further time as the department may allow, the department may do all or any of the following:

(a) Issue a cease-and-desist order pursuant to section 35-36-104;

(b) Take possession of all commodities in the public warehouse owned, operated, or controlled by the warehouse operator and of all books, papers, records, and property of all kinds used in connection with the conduct or operation of the warehouse operator's public warehouse business, whether the books, papers, records, and property pertain specifically, exclusively, directly, or indirectly to that business or are related to the warehouse operator's handling, storage, or use of commodities in any other business;

(c) Apply to any court of competent jurisdiction for an order to enjoin the warehouse operator from interfering with the department in the discharge of its duties as required by this section;

(d) Petition any court of competent jurisdiction for an order requiring the warehouse operator or any person who has possession of any commodities, books, papers, records, or property of any kind used in connection with the conduct or operation of the public warehouse business who has refused to surrender possession to the department to surrender possession of the same to the department.

(3) Upon its taking possession of the commodities, the department may give written notice of its action to the holders of all negotiable warehouse receipts or other evidence of deposits issued for commodities to present their negotiable warehouse receipts or other evidence of deposits for inspection or to account for the same. Thereupon, the department shall cause an audit to be made of the affairs of the public warehouse with respect to any commodity in which there is an apparent shortage, determine the amount of the shortage, and compute the shortage as to each owner of the commodity. The department shall attempt to notify the warehouse operator of the amount of the shortage and attempt to notify each owner affected by the shortage. If the owner cannot be notified after a reasonable attempt by the department, the department is not liable for any losses incurred by the owner.

(4) The department shall retain possession of the commodity in the public warehouse and of the books, papers, records, and property of the warehouse operator until such time as the warehouse operator or the warehouse operator's bond or irrevocable letter of credit has satisfied the claims of all holders of negotiable warehouse receipts or other evidence of deposits. In case the shortage exceeds the amount of the bond or irrevocable letter of credit, the warehouse operator's bond or irrevocable letter of credit satisfies the claims pro rata. Nothing in this section prevents the department from complying with an order of a court of competent jurisdiction to surrender possession.

(5) If, during or after the audit provided for in this section or at any other time, the department is of the opinion that the warehouse operator is insolvent or in danger of becoming insolvent or is unable to satisfy the claims of all holders of negotiable warehouse receipts or other evidence of deposits, the department may petition a court of competent jurisdiction in the county for the appointment of a receiver to operate or liquidate the business of the warehouse operator in accordance with applicable law.

(6) At any time within ten days after the department takes possession of any commodities or the books, papers, records, and property of any public warehouse, the warehouse operator may apply to a court of competent jurisdiction for an order requiring the department to show cause why the commodities, books, papers, records, and property should not be restored to the warehouse operator's possession. Upon its being served notice, the department has up to ten days to respond.

(7) (a) If a court of competent jurisdiction determines that all or any part of the commodities, books, papers, records, and property should not be restored to the possession of the warehouse operator, the court may:

(I) Appoint a receiver for all or any part of the commodities, books, papers, records, and property; or

(II) Determine the disposition of the commodities, books, papers, records, and property that were in the public warehouse and seized pursuant to this part 2.

(b) Pending determination of the ownership of the commodities, any money received from the disposition of the commodities shall be placed in an interest-bearing escrow account.

(8) If the warehouse operator does not apply to a court of competent jurisdiction for a show-cause order under subsection (6) of this section, the department's action is presumed valid, and the commissioner may determine the disposition of the commodities, books, papers, records, and property that were in the public warehouse and seized pursuant to this part 2. Pending determination of the ownership of the commodities, any money received from the disposition of the commodities shall be placed in an interest-bearing escrow account.

(9) All expenses incurred by the department in carrying out this section are a first charge and lien upon the assets of the warehouse operator; and the department may bring a separate civil action through representation by the attorney general in a court in the county in which the public warehouse is located to recover the expenses, or they may be recovered at the same time and as a part of an action filed under subsection (5) of this section.

(10) As a part of the expenses incurred by the department in carrying out this section, the department or the receiver is authorized to include the cost of adequate liability insurance necessary to protect the department, its officers, and others engaged in carrying out this section.
C.R.S. § 35-50.5-102 — CO Code / Title 35 / Article 50.5 / Section 35-50.5-102
35-50.5-102. Confinement of calves raised for veal and pregnant sows - exceptions - penalty
Status: in_force

35-50.5-102. Confinement of calves raised for veal and pregnant sows - exceptions - penalty. (1) No person shall confine a calf raised for veal or gestating sow in any manner other than the following:

(a) A calf raised for veal shall be kept in a manner that allows the calf to stand up, lie down, and turn around without touching the sides of its enclosure.

(b) A gestating sow shall be kept in a manner that allows the sow to stand up, lie down, and turn around without touching the sides of its enclosure until no earlier than twelve days prior to the expected date of farrowing. At that time, a gestating sow may be kept in a farrowing unit.

(2) This section shall not apply during the following:

(a) Periods of scientific or agricultural research;

(b) Examination, testing, or individual veterinary treatment;

(c) Transportation;

(d) Exhibitions at rodeos, fairs, or youth programs; or

(e) Slaughter pursuant to article 33 of this title and rules adopted pursuant to article 33 of this title.

(3) A person who violates any provision of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
C.R.S. § 35-35-104 — CO Code / Title 35 / Article 35 / Section 35-35-104
35-35-104. Penalty
Status: in_force

35-35-104. Penalty. Any corporation, partnership, association, or individual violating any of the provisions of this article 35 commits a civil infraction.
C.R.S. § 35-33-203 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-203
35-33-203. Slaughter methods
Status: in_force

35-33-203. Slaughter methods. (1) A processor shall not shackle, hoist, or otherwise bring animals into position for slaughter, or slaughter or bleed animals, except by humane methods.

(2) The commissioner may promulgate rules that conform substantially to the rules of the secretary of agriculture of the United States pursuant to the federal "Humane Methods of Slaughter Act of 1958", as amended; but the use of a manually operated hammer, sledge, or poleax shall not be permitted.
C.R.S. § 35-14-125 — CO Code / Title 35 / Article 14 / Section 35-14-125
35-14-125. Household scales
Status: repealed

35-14-125. Household scales. (Repealed)
C.R.S. § 35-70-105 — CO Code / Title 35 / Article 70 / Section 35-70-105
35-70-105. Hearing on petition - election
Status: in_force

35-70-105. Hearing on petition - election. (1) Within sixty days after it receives a petition, the state board shall cause notice by publication to be made of the pendency of the petition. Such notice shall state:

(a) That a petition has been filed for the organization of a conservation district and the name of the proposed district;

(b) The date (not less than twenty days from the date of such notice), hour, and place that a hearing will be had to determine the sufficiency of the petition and the necessity and advisability of the formation of the proposed district;

(c) That said petition, map, or plat of the proposed district and related material are on file and may be seen and examined by any interested person at the office of the county clerk and recorder of each county in which the proposed district is located and the office of the state board or other designated place within the period between the date of the notice and the date of the hearing;

(d) That anytime after the filing of the petition for the organization of a conservation district, but no later than five days before the day fixed for the hearing thereon, the owner of any real property within the proposed district may file a petition with the state board stating reasons why said property should not be included therein and requesting that said real property be excluded therefrom. Such petition shall be duly verified and shall describe the property sought to be excluded. The state board shall hear said petition and all objections thereto at the time of the hearing on the petition for organization and shall determine whether, in the best public interest, said property should be excluded or included in the proposed district.

(2) If on hearing, in the opinion of the state board, the petition or map or plat is insufficient, the papers shall be returned to the petitioners for amendment. If, in the opinion of the state board, the organization of the district is not required for the preservation of the health, prosperity, and welfare of the state of Colorado and its people, it shall so advise the petitioners, and the district shall not be organized, but subsequent petitions covering the same or substantially the same territory may be filed after six months have expired from the date of denial of any such petition, and new hearings shall be held and determinations made thereon.

(3) If it appears upon hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice has been given or to exclude territory within the district as proposed by the petition, the state board shall determine and define by metes and bounds or by legal subdivisions the boundaries of the proposed district, making such inclusions and exclusions as may be determined desirable. The proposal to include territory within which due notice has not been given shall be considered only at an adjourned hearing to be held after due notice thereof has been given throughout the entire area considered for inclusion in the district and such adjourned hearing held.

(4) If, following the hearing, it is the opinion of the state board that the petition and accompanying map or plat are sufficient and it appears that the organization of the proposed district is feasible and practicable and is required for the preservation of the health, prosperity, and welfare of the state of Colorado and its people, the state board shall make and record such determination.

(5) (a) If it is determined that the petition and the map or plat are sufficient and the proposed district is necessary, the state board shall call an election. The state board shall select the date, time, and place for the holding of the election, such date to be not less than twenty days nor more than forty days from the time the state board's determination becomes final.

(b) The state board shall give notice by publication of the date, time, and place of such election, together with a statement of the matters which will be considered at the election. This notice shall also describe the outer boundaries of the proposed district and any exclusions of land within such boundaries, state that the qualifications of voters shall be as described in section 35-70-104 (3), state that the petition is on file at the office of the county clerk and recorder, and state the procedures for nominating supervisors and the place where absent voters' ballots can be obtained. Such publication shall be made not less than ten days nor more than thirty days before the date of such election.

(c) At such election the qualified voter shall vote for or against the organization of the conservation district.

(d) The state board shall conduct the proceedings of the election provided for in this subsection (5) and shall be the judge of all matters in connection therewith. It has the authority to appoint one or more of its own members or other proper persons to act for it and in its stead in such matters. After the organizational election, all subsequent elections and administrative actions concerning the operation of the district, except as otherwise provided in this article, shall be conducted as provided in the local district's bylaws.

(e) (I) If the canvass of votes at any organization election discloses that one-half or more of the votes cast are against organization of the district, the result of the election shall be recorded in the minutes of the state board, and the proposal shall be dismissed. If the canvass discloses that more than one-half of the votes cast are for the organization of the district, the result shall be recorded in the minutes of the state board, and the board shall proceed as provided in section 35-70-106.

(II) The candidates, according to the number of supervisors to be elected, receiving the most votes cast shall be elected. The supervisors elected shall take an oath or affirmation in accordance with section 24-12-101 and, if required by the state or local board, file a bond in the same manner as specified in section 32-1-901. Failure to take an oath or affirmation in accordance with section 24-12-101 or to furnish a bond, if required, except for good cause shown, shall create a vacancy in the office, and the vacancy shall be filled by the next candidate receiving the highest number of votes in the case of a new district or by the remaining supervisors as specified in section 35-70-107 (4).

(6) For the purposes of this section, "publication" means printing, once a week for two consecutive weeks, by two publications in one newspaper of general circulation in the proposed conservation district if there is such a newspaper, and, if not, then in a newspaper in the county in which the proposed conservation district is located. It is not necessary that publication be made on the same day of each week.

(7) (a) Except as may be otherwise provided in this article, the state board and each local district board of supervisors in the conduct of all elections shall follow, as much as practicable, the election procedures set forth in part 8 of article 1 of title 32, C.R.S.

(b) Whenever reference is made to the secretary or board of a special district, it shall be deemed to mean the secretary or board of supervisors of the local district or state board, as applicable.
C.R.S. § 35-12-110 — CO Code / Title 35 / Article 12 / Section 35-12-110
35-12-110. Commercial value
Status: in_force

35-12-110. Commercial value. (Deleted by amendment)
C.R.S. § 35-61-111 — CO Code / Title 35 / Article 61 / Section 35-61-111
35-61-111. Unlawful acts
Status: in_force

35-61-111. Unlawful acts. (1) Unless otherwise authorized by law, it is unlawful and a violation of this article 61 for any person to:

(a) Cultivate hemp without having a valid registration from the department;

(b) Harvest the industrial hemp crop in excess of the time allowed by the commissioner after sampling by an authorized sampler;

(c) Refuse to comply with a cease-and-desist order issued pursuant to section 35-61-107;

(d) Refuse or fail to comply with the provisions of this article 61;

(e) Make false, misleading, deceptive, or fraudulent representations;

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

(g) Refuse or fail to comply with any rules adopted by the commissioner pursuant to this article 61 or to any lawful order issued by the commissioner.

(2) Notwithstanding any provision of law to the contrary, no person is subject to criminal prosecution for:

(a) Failure to provide a legal description of the land on which the producer produces hemp;

(b) Failure to obtain a registration pursuant to this article 61 for the production of industrial hemp; or

(c) Producing cannabis with a THC level above three-tenths of one percent but below one percent as determined by the commissioner through rule.
C.R.S. § 35-5.5-118 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-118
35-5.5-118. Civil penalties
Status: in_force

35-5.5-118. Civil penalties. (1) (a) Any person who violates this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined that the person has violated the provision or rule more than once. No civil penalty shall be imposed unless and until the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(b) In addition to any civil penalties assessed pursuant to paragraph (a) of this subsection (1), any person who violates the provisions of section 35-5.5-104.5, 35-5.5-108, or 35-5.5-108.5, or any rule adopted to implement these sections, shall, upon an order of the commissioner, pay the cost of inspection and eradication of list A or list B noxious weed species, including, but not limited to, any immediate remediation costs, the estimated cost of future eradication, any administrative costs, and any court cost and attorney fees incurred by the commissioner in enforcing section 35-5.5-104.5, 35-5.5-108, or 35-5.5-108.5, or any rule adopted to implement these sections. The commissioner may not enforce such order unless and until the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S. All moneys due and owing pursuant to this paragraph (b) shall be payable to the department for the payment and reimbursement of enforcement and costs associated with such enforcement and are hereby continuously appropriated to the department for such purpose.

(2) If the commissioner is unable to collect a civil penalty, payment of costs imposed pursuant to subsection (1) of this section, or if the person fails to pay all or a specified portion of such penalty or payment, the department may bring suit in any court of competent jurisdiction to recover such amount plus costs and attorney fees.

(3) Before imposing any civil penalty or payment of costs, the commissioner may consider the effect of such penalty or payment of costs on the ability of the person charged to stay in business.

(4) All civil penalties and payment of costs collected pursuant to this section shall be deposited in the noxious weed management fund created in section 35-5.5-116.