C.R.S. § 35-26-110 — CO Code / Title 35 / Article 26 / Section 35-26-110
35-26-110. Out-of-state nurseries
Status: in_force

35-26-110. Out-of-state nurseries. (1) The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the commissioner a certified copy of the "state of origin" certificate of inspection of the nursery. This requirement may be satisfied by delivering to the commissioner a list of inspected and certified nurseries from the "state of origin" in lieu of individual certificates of inspection from each nursery. Each shipment of nursery stock entering the state of Colorado shall be accompanied by a certificate of inspection which states that the nursery stock has the appearance of freedom from insect pests and plant diseases.

(1.5) An out-of-state nursery advertising and selling nursery stock in Colorado and having no duly appointed resident agent in this state upon whom process may be served as provided by law shall be deemed to have appointed the secretary of state as the agent of said nursery upon whom service of process may be had in the event of any suit against said nursery. Service on the secretary of state of any such process shall be made by delivering to and leaving with him or with his deputy, an assistant, or a clerk two copies of such process. The secretary of state shall also require a statement which contains the name and address of the nonresident's home or home office. After receipt of such process the secretary of state shall forward to the defendant a copy of the process by registered mail, return receipt requested. The person so serving the secretary of state shall immediately send or give to the commissioner a notice of such service and a copy of the process. The secretary of state shall collect at the time of any service of process on him as resident agent a fee which shall be determined and collected pursuant to section 24-21-104 (3), C.R.S.

(2) (Deleted by amendment, L. 91, p. 156, § 13, effective July 1, 1991.)
C.R.S. § 35-57.5-119 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-119
35-57.5-119. Refunds
Status: in_force

35-57.5-119. Refunds. (1) Unless otherwise specified in this article, there shall be no refunds of assessments.

(2) Any sheep producer or lamb feeder who has paid an assessment as required by section 35-57.5-116 shall be entitled to a prompt refund of seventy-five percent of such assessment from the board. Claim for refund shall be made to the board within thirty days after the date of payment of the assessment or thirty days after the due date of the assessment, whichever is later, on a form furnished by the board.

(3) Notwithstanding any other laws to the contrary and to carry out the intent of this section to insure prompt refund, the board, except as provided by subsection (4) of this section, is authorized to expeditiously process claims for refund. The refund shall be based on the signed statement of the refund claim and any other information that is attached thereto unless other information or verification is required by subsection (4) of this section.

(4) 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. All persons who forward claims for refund shall keep pertinent records for a period of at least three years, which shall be available for audit by the board. The board may file an action to recover from any person a refund of assessment illegally obtained.

(5) The claim for refund shall be signed by the person who paid the assessment. Any person who files a fraudulent or false claim for refund, or who, by any false pretenses, obtains or attempts to obtain a refund not legally due him, 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 accordingly.
C.R.S. § 35-5.5-108 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-108
35-5.5-108. Designated noxious weeds - rules - legislative declaration
Status: in_force

35-5.5-108. Designated noxious weeds - rules - legislative declaration. (1) The general assembly hereby finds and declares that the noxious weeds designated by rule are a present threat to the economic and environmental value of the lands of the state of Colorado and declare it to be a matter of statewide importance that the governing bodies of counties and municipalities include plans to manage such weeds as part of their duties pursuant to this article.

(2) (a) The state list of plant species that are designated as noxious weeds shall be designated by rule and shall be managed under the provisions of this article. On and after August 6, 2003, the commissioner shall classify noxious weeds into one of a minimum of three categories, including:

(I) "List A", which means rare noxious weed species that are subject to eradication wherever detected statewide in order to protect neighboring lands and the state as a whole;

(II) "List B", which means noxious weed species with discrete statewide distributions that are subject to eradication, containment, or suppression in portions of the state designated by the commissioner in order to stop the continued spread of these species;

(III) "List C", which means widespread and well-established noxious weed species for which control is recommended but not required by the state, although local governing bodies may require management.

(b) A local governing body may adopt eradication, containment, or suppression standards that are more stringent than the standards adopted by the commissioner.

(2.1) The commissioner shall review and revise, as necessary, the state noxious weed list at least once every three years.

(2.3) The commissioner shall develop and implement by rule state noxious weed management plans for noxious weed species classified as list A or list B species. For each noxious weed species, each management plan shall designate the management objectives for all lands of the state appropriate to achieve the stated purpose of the species classification.

(2.5) The commissioner shall prescribe integrated management techniques to achieve specified management objectives for each listed species after consulting with the state noxious weed advisory committee. The prescribed management techniques shall be mandatory techniques for list A species and populations of list B species designated for eradication. The commissioner shall develop management techniques pursuant to science-based methodologies, peer reviewed studies, or any other method that is based on credible research.

(2.6) The classifications made pursuant to paragraph (a) of subsection (2) of this section shall primarily reflect the known distribution of the designated species, the feasibility of current control technologies to achieve specified management objectives, and the costs of carrying out the prescribed state weed management plan.

(2.7) (a) The commissioner shall also adopt rules for granting compliance waivers to local governing bodies and landowners; except that a waiver may not be granted to the affected landowner when a landowner has wilfully or wantonly violated the provisions of this section or section 35-5.5-104.5 or 35-5.5-108.5 attempts to delay eradication of a species without just cause.

(b) Such rules shall include:

(I) A process by which a local governing body or an affected landowner may petition the commissioner to change the management objectives specified in a state noxious weed management plan;

(II) The criteria used to evaluate such petitions; and

(III) Time frames in which the commissioner shall grant or deny such petitions.

(c) Actions sufficient to implement the management objective for a noxious weed species shall continue until the commissioner grants a waiver pursuant to this subsection (2.7).

(3) The board of county commissioners or governing body of a municipality may declare additional noxious weeds, within its jurisdictional boundaries, after a public hearing with thirty days prior notice to the public. Any declaration of additional noxious weeds pursuant to this subsection (3) shall include the management objectives for all affected landowners.
C.R.S. § 35-43-109 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-109
35-43-109. Brands personal property - recording by board - rules - effect
Status: in_force

35-43-109. Brands personal property - recording by board - rules - effect. Any brand recorded shall be the property of the person, association, or corporation causing such record to be made and shall be subject to sale, assignment, transfer, devise, and descent as personal property. Instruments of writing evidencing the sale of such brand, assignment, or transfer shall be recorded by the state board of stock inspection commissioners, and the fee for recording such sale, assignment, or transfer shall be in an amount determined by the board by rule. The recording of such instruments of writing shall have the same force and effect as to third parties as the recording of instruments affecting real estate, and a certified copy of the record of any such instrument may be introduced in evidence the same as is provided for the certified copies of instruments affecting real estate.
C.R.S. § 35-60-111 — CO Code / Title 35 / Article 60 / Section 35-60-111
35-60-111. Detained feeds
Status: in_force

35-60-111. Detained feeds. (1) Stop distribution, manufacture, or use as feed. When the commissioner has reasonable cause to believe any feed is in violation of this article or any rules promulgated pursuant to this article, the commissioner may issue and enforce a written or printed "stop distribution, manufacture, or use as feed" order, warning any distributor, manufacturer, or feeder of the feed not to distribute, use as feed, or dispose of such feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the feed subject to the order when the applicable provisions and rules have been complied with. If the distributor does not come into compliance within thirty days, the commissioner may begin, or upon request of the distributor, manufacturer, or feeder shall begin, proceedings for condemnation.

(2) Condemnation and confiscation. Any feed not in compliance with this article or rules promulgated pursuant to this article are subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the district or county where the feed is located. If the court finds the feed to be in noncompliance with this article or rules promulgated pursuant to this article and orders the condemnation of such feed, it must be disposed of in a manner consistent with the quality of the feed and the laws of this state; except that the court shall not order the disposal of the feed without first giving the distributor or other claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with this article or rules promulgated pursuant to this article.
C.R.S. § 35-49-101 — CO Code / Title 35 / Article 49 / Section 35-49-101
35-49-101. Short title
Status: in_force

35-49-101. Short title. This article shall be known and may be cited as the "Livestock Water Tank Act of Colorado".
C.R.S. § 35-11.5-108 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-108
35-11.5-108. Renewal
Status: repealed

35-11.5-108. Renewal. (Repealed)
C.R.S. § 35-43-103 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-103
35-43-103. Earmarks
Status: in_force

35-43-103. Earmarks. Any stock grower of this state may adopt and use an earmark. Such earmark shall be taken in evidence, in connection with the owner's recorded brand, in all suits at law or in equity in which the title to stock is involved. The earmark shall be made by cutting and shaping the ear of the animal so marked; but in no case shall the person so marking an animal cut off more than one-half of the ear so marked; neither shall anyone mark by cutting an ear on both sides to a point.
C.R.S. § 35-75-101 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-101
35-75-101. Short title
Status: in_force

35-75-101. Short title. This article shall be known and may be cited as the "Colorado Agricultural Development Authority Act".
C.R.S. § 35-57.5-102 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-102
35-57.5-102. Legislative declaration
Status: in_force

35-57.5-102. Legislative declaration. (1) It is hereby declared to be in the interest of the public welfare that owners of sheep be authorized and encouraged to act jointly and in cooperation in promoting and stimulating, by research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of sheep and sheep products. It is the intent and purpose of this article to authorize and provide a method and procedure for effectively correlating and encouraging the advancement of the sheep industry and the financing thereof pursuant to the powers of the general assembly as authorized by law. It is further declared that the sheep industry of this state is affected with a public interest in that the stabilization, maintenance, and expansion of the sheep industry of Colorado and of the state, nationwide, and foreign markets for its products are necessary to assure the consuming public an adequate supply of foods which are indispensable in a proper human diet and an adequate supply of animal fiber; to protect, for the state and its political subdivisions, a necessary source of tax revenue; to provide and maintain an adequate standard of living for a great segment of the population of this state; to maintain proper wage scales for those engaged in the sheep industry; and to maintain existing employment.

(2) The purpose of this article is to enable the sheep industry to effectively correlate and encourage the advancement and improvement of its commodities.
C.R.S. § 35-57-116 — CO Code / Title 35 / Article 57 / Section 35-57-116
35-57-116. Rules and regulations
Status: in_force

35-57-116. Rules and regulations. The board is authorized to promulgate regulations necessary to carry out the intent and purposes of this article.
C.R.S. § 35-26-103 — CO Code / Title 35 / Article 26 / Section 35-26-103
35-26-103. Inspections
Status: repealed

35-26-103. Inspections. (1) (a) Except as otherwise provided in this section, premises in this state on which nursery stock is kept for sale or offered for sale and all areas in this state that are sources of collected nursery stock may be inspected by the commissioner or the commissioner's authorized agents using a risk-based approach. If any person requests an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection. Inspections may also be made by the commissioner or the commissioner's authorized agents at any time deemed appropriate by the commissioner based on information known to the commissioner or based on any complaint received by the commissioner alleging failure to comply with any provision of this article or any rule promulgated pursuant to this article.

(b) Repealed.

(2) No person shall sell in this state any nursery stock except from sources available for inspection.

(3) The commissioner may promulgate rules establishing minimum standards for the qualification of individuals who are authorized to make inspections as agents of the commissioner under this article and who are not employees of the department. The commissioner may charge an annual fee for qualifying such individuals as inspectors pursuant to this subsection (3). Such fee shall be in an amount sufficient to defray the costs of qualifying inspectors pursuant to this subsection (3).

(4) On an annual basis, the commissioner shall make public the results of such inspections in order to inform the public as to the major sale sources of nursery stock found not to be of the quality permitted to be sold, and the location where such nursery stock was offered for sale. Publication of such reports shall be as provided for in sections 35-1-107 (3) and 24-1-136, C.R.S.
C.R.S. § 35-4-118 — CO Code / Title 35 / Article 4 / Section 35-4-118
35-4-118. Voluntary agreements to provide pest services
Status: in_force

35-4-118. Voluntary agreements to provide pest services. The commissioner may enter into an agreement with any person to or local government to provide pest control services, including eradication or treatment, authorized by this article 4. The department may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The commissioner shall transfer any money received under this section to the state treasurer, who shall deposit the money in the emergency invasive-pest response fund created in section 35-1-106.4.
C.R.S. § 35-27-101 — CO Code / Title 35 / Article 27 / Section 35-27-101
35-27-101. Short title
Status: in_force

35-27-101. Short title. This article shall be known and may be cited as the "Colorado Seed Act".
C.R.S. § 35-55-104 — CO Code / Title 35 / Article 55 / Section 35-55-104
35-55-104. Bond
Status: in_force

35-55-104. Bond. (1) No license or renewal of license to establish a public livestock market within the state of Colorado may be issued until the applicant has filed evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or executed and delivered to this state a surety bond approved and accepted by the state board of stock inspection commissioners upon a form prescribed by the state board. The bond shall be in a penal sum of not less than twenty-five thousand dollars, the amount to be determined by the state board based upon the dollar volume of the business, and shall be issued by a surety company approved by the state board of stock inspection commissioners. Said bond shall be conditioned upon the prompt payment to the rightful owner, upon sale of the livestock so consigned and delivered to the licensee for sale, of all moneys received, less reasonable expenses and agreed commissions chargeable by the licensee and operator of the public livestock market, and also upon full compliance with all of the terms and requirements of this article. When so approved, said bond shall be filed with the state board.

(2) Actions at law may be brought in the name of the state board of stock inspection commissioners upon any such bond, for the use and benefit of any person, firm, or corporation who may suffer loss or damage from violations thereof, but the aggregate liability of the surety for all such losses or damages shall, in no event, exceed the sum of said bond.

(3) Any such public livestock market which is registered under the provisions of the federal "Packers and Stockyards Act, 1921", as amended, and has executed a bond as provided for therein and as is required by the rules and regulations prescribed by the secretary of agriculture, is not required to execute the bond provided for in this article if such bond also guarantees payment of all brand and sanitary inspection fees due this state. Copies of any such license and bond certified by the executive officer of such board may be procured upon payment of a fee of one dollar each, and shall be received as competent evidence in any court in this state.
C.R.S. § 35-28-108 — CO Code / Title 35 / Article 28 / Section 35-28-108
35-28-108. Contents of marketing order
Status: in_force

35-28-108. Contents of marketing order. (1) In accordance with the provisions, restrictions, and limitations set forth in this article, any marketing agreement or order issued by the commissioner pursuant to this article may contain any of the following provisions for regulating, within this state, the handling, sale, and operations of processing or distributing by producers, handlers, or distributors of any agricultural commodity, but no others:

(a) Provisions for determining the existence and extent of the surplus of any agricultural commodity, or of any grade, size, species, or other classification or quality thereof, for the control and disposition of such surplus, and for equalizing the burden of such surplus elimination or control among the producers, processors, distributors, or other handlers affected;

(b) Provisions for limiting the total quantity of any agricultural commodity, or of any grade, size, species, or other classification, or quality or portions or combinations thereof, which may be processed, distributed, or otherwise handled by any persons engaged in such processing, distributing, or handling during any specified period. The total quantity of any such commodity so regulated and permitted to be processed, distributed, or otherwise handled shall not be less than the quantity which the commissioner finds is reasonably necessary to supply the market demand of consumers for such commodity.

(c) Provisions for allotting the quantity of any agricultural commodity, or of any grade, size, species, or other classification, or quality thereof, which each handler may purchase or acquire from or handle on behalf of any producers thereof during any specified period under a uniform rule, applicable to all handlers so regulated, based upon the amounts produced or sold by such producers in a prior period which the commissioner finds to be representative, or upon the current season's production or sales of such products, or both, to the end that the total quantity of such commodity, or of any grade, size, species, or other classification, or quality or portions or combinations thereof, so purchased or handled shall be apportioned equitably among the producers thereof;

(d) Provisions for allotting the quantity of any agricultural commodity, or of any grade, size, species, or other classification, or quality or portions or combinations thereof, which each handler may process, distribute, or handle under a uniform rule, applicable to all handlers so regulated, based upon quantities of such commodity or of any grades, size, species, or other classification, or quality thereof, of the current season's crop which each such handler has available for such processing, distribution, or handling, or upon the quantities of such commodity or of any grade, size, species, or other classification, or quality thereof, so processed, distributed, or handled by each such handler in a prior period which the commissioner finds to be representative, or based upon both, to the end that the total quantity of such commodity, or any grade, size, species, or other classification, or portion or combinations or quality thereof, processed, distributed, or handled during any specified period shall be equitably apportioned among all such handlers thereof;

(e) Provisions regulating the period during which any agricultural commodity, or any grade, size, species, or classification, or quality or portions or combinations of such commodity, may be processed, distributed, or otherwise marketed;

(f) Provisions for the establishment of surplus or reserve pools of any agricultural commodity, or of the representative value of such commodity, or of any grade, size, species, or other classification, or quality, or portions, or combination thereof, and providing for the sale of such surplus commodity and the equitable distribution, among the persons interested therein, of the net returns derived from the sale of such commodity or such commodity or such distribution of the representative value of such commodity;

(g) Provisions for the establishment of uniform grading and inspection of any agricultural commodity delivered by producers to handlers, processors, distributors, or others engaging in the handling, processing, or distributing thereof and for the establishment of grading standards of quality, condition, size, or pack for any agricultural commodity, and the inspection and grading of such commodity in accordance with such grading standards so established. Such grading standards for any such commodity shall not be established below any minimum standards now prescribed by law for such commodity. All inspections made necessary by such provisions shall be performed by the federal-state inspection service or by such other agent as designated by the commissioner.

(h) Provisions for the establishment of plans for advertising and sales promotion to create new or larger markets for agricultural commodities grown in the state of Colorado. The commissioner is authorized to prepare, issue, administer, and enforce plans for promoting the sale of any agricultural commodity. Any such plan shall be directed toward increasing the sale of such commodity without reference to a particular brand or trade name. No advertising or sales promotion program shall be issued by the commissioner which makes use of false or unwarranted claims on behalf of any such product, or disparages the quality, value, sale, or use of any other agricultural commodity.

(i) Provisions for price posting; but any grade, size, species, or other classification, quality, portion, or combinations thereof of any marketable agricultural product shall be sold by producers, handlers, or distributors thereof only at prices filed by such producers, handlers, or distributors in the manner provided for in such order;

(j) Provisions for requiring the labeling, marking, or branding of any agricultural commodity to be in conformity with the regulations specified in any marketing agreement or order issued under authority of this article;

(k) Provisions for establishing convenient stations for inspection, weighing, and receiving payment for any agricultural commodities sold or delivered by producers or distributors in conformity with any marketing agreement or order issued under authority of this article, and providing for the collection of expenses of operating such stations;

(l) Provisions allowing a board of control to cooperate with any other state or federal agency whose activities may be deemed beneficial to the purposes of this article;

(m) Provisions for requiring the packaging of any agricultural commodity to be in containers, and setting standards for such containers, or pack thereof, in conformity with the regulations or authority contained in any marketing agreement or order issued, adopted, or promulgated under the authority of this article;

(n) Provisions for the establishment of programs in the field of research for the improvement of production, control of insects or disease, harvesting, storing, transporting, marketing, handling, processing, or any other phase of research work which would benefit any agricultural commodity produced in Colorado;

(o) Provisions for establishing processing plants or necessary arrangements with persons or companies for the processing of agricultural products, which processing would tend to effectuate the purposes of the article;

(p) Provisions establishing methods whereby agricultural commodities and products other than marketable products may be disposed of and prohibiting dispositions thereof except as so provided;

(q) Provisions for the limitation and prevention of unfair methods of competition in the marketing of agricultural products.

(2) Notwithstanding any other provisions of law, whenever a marketing order issued by the commissioner pursuant to this article contains any terms or conditions regulating the handling, processing, or distribution of any agricultural commodity that may be marketed in the area covered by such order, the importation into the area of any such commodity shall be prohibited unless the handler, processor, or distributor of such commodity complies with such terms and conditions.
C.R.S. § 35-1-104 — CO Code / Title 35 / Article 1 / Section 35-1-104
35-1-104. Functions, powers, and duties - rules
Status: repealed

35-1-104. Functions, powers, and duties - rules. (1) The department has and shall exercise the following functions, powers, and duties:

(a) To inquire into the needs of agriculture of the state and make appropriate recommendations to the governor and the general assembly, except as to functions specifically assigned under state law to other state agencies;

(b) To perform all regulatory and inspection services relating to agriculture, except agricultural education and research and those regulatory functions relating primarily to the control of milk or milk products or assigned by law to other state agencies;

(c) To make investigations, conduct hearings, and make recommendations concerning all matters as related to the powers, duties, and functions as provided in this article;

(d) To cooperate with the United States department of agriculture in getting and disseminating production statistics, market and trade information concerning demand, supply, prevailing prices, and commercial movements of agricultural products and extent of products in storage, and cooperate with any other state or federal agency which in any manner may be helpful to agriculture;

(e) To annually fix such inspection and license fees and service charges within maximum limits provided by law as may be necessary to pay the cost of service performed and reasonable reserves for contingencies, including cost of depository, accounting, disbursement, auditing, and rental of quarters and facilities furnished by the state;

(f) To foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and marketing of agricultural products and, after investigation and public hearings thereon, acting in cooperation with the United States department of agriculture, to establish and promulgate standard grades and other standard classifications of and for agricultural products, except milk or milk products;

(g) To extend in every practicable way the distribution and sale of Colorado agricultural products throughout the markets of the world;

(h) To promote, in the interest of the producer, the distributor, and the consumer, the economical and efficient distribution of agricultural products of this state and to that end cooperate with the department of commerce of the United States and any other department or agency of the federal government;

(h.5) To promote, within existing appropriations, farmers' markets located within the state, including support or development of farmers' market organizations and working groups and the provision of education, outreach, and other assistance;

(i) To obtain and furnish information relating to the selection of shipping routes, adoption of shipping methods, or avoidance of delays in the transportation of agricultural products or helpful in the solution of other transportation problems connected with the distribution of agricultural products;

(j) To act as adviser to producers and distributors, when requested, and to assist them in the economical and efficient distribution of their agricultural product;

(k) To foster and encourage cooperation between producers and distributors in the interest of the general public;

(l) To act as a mediator or arbitrator in any controversy or issue that may arise between producers and distributors of any agricultural products concerning the grade or classification of such products;

(m) To determine for the protection of owners, buyers, creditors, or other interested parties the validity of warehouse receipts for any such products by verifying quantities, grade, and classification thereof;

(n) To enforce the state laws or regulations relating to fruit and vegetable inspection and grading; spray residue inspection and removal; the registration, inspection, and analysis of commercial feeding stuffs; the licensing of commission merchants, produce dealers, brokers, and agents handling agricultural products; the inspection and grading of poultry and eggs; the inspection of warehouses and frozen food locker plants; the inspection of commercial fertilizers; the control of plant and insect pests and diseases; the control and eradication of noxious and poisonous weeds; the inspection and sale of seeds; the control of contagious and infectious livestock diseases; and all other regulatory laws relating to agriculture;

(o) To inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any private or public place which may become infested or infected with harmful insects, plant diseases, noxious or poisonous weeds, or other agricultural pests; to establish and enforce quarantines; to issue and enforce orders and regulations for the control and eradication of said pests, wherever they may exist within the state; to perform such other duties relating to plants and plant products as may seem advisable and not contrary to law; and to inspect apiaries for diseases inimical to bees and beekeeping and enforce the laws relating thereto;

(p) to (t) Repealed.

(u) To license and inspect locker plants and enforce standards of construction and operation;

(v) To offer and award suitable premiums on livestock at the national western stock show;

(w) To take charge of the exhibition of Colorado agricultural products at international or national expositions;

(x) To cooperate with the United States department of agriculture or any other federal agency in control and eradication activities and programs involving predatory animals and rodent pests, plant diseases and insect pests, and noxious and poisonous weeds and to cooperate in the enforcement of the provisions of the federal seed act governing the movement of seeds in interstate commerce;

(y) To serve as the state agency to carry out the policies and purposes of the "Colorado Agricultural Conservation and Adjustment Act" and to promote and administer state plans for the same;

(z) Repealed.

(aa) On approval of the governor, to coordinate the management and operation of farms of state institutions and the exchange of agricultural products and equipment between state institutions;

(aa.1) To promulgate rules to specify the varieties of rapeseed, also known as canola, produced in the state and the geographical locations where each variety may be produced or stored, to establish districts and require registration of fields producing rapeseed with the appropriate district, and to enforce the provisions of this paragraph (aa.1) by requiring a producer to take appropriate action necessary to prevent cross-pollination, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.1);

(aa.2) To promulgate rules specifying the class of strawberries allowed for production of nursery stock in the state and the geographical locations where each class may be produced, establishing districts and requiring registration of fields producing strawberries with the appropriate district, and enforcing the provisions of this paragraph (aa.2) by requiring a producer to take appropriate actions necessary to prevent the introduction of diseases and pests, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.2);

(aa.3) To identify agricultural management areas in the state and to develop best management practices pursuant to section 25-8-205.5 (3), C.R.S., and to assist the commissioner in the promulgation of any rules and regulations authorized pursuant to said section;

(bb) Such other and additional functions, powers, and duties as may be provided by law;

(cc) To solicit grants, donations, and gifts for the purpose of funding noxious weed management projects, as described in section 35-5.5-116. Such moneys shall be transferred to the state treasurer, who shall credit the same to the noxious weed management fund.

(dd) For each division, section, program, or established funding source of the department, to solicit, receive, and spend grants, donations, and gifts. Such moneys shall be transmitted to the state treasurer, who shall credit the same to the particular cash fund or established funding source deemed most appropriate by the department.

(ee) and (ff) Repealed.

(gg) To promote domestic animal welfare, including providing education and outreach, creating voluntary programs, and awarding grants. Prior to creating a voluntary program or awarding grants pursuant to this subsection (1)(gg), the department shall conduct a stakeholder process to receive input from those interested in the proposed program or grant and receive approval from the commission.

(2) Whenever any law provides for issuance or renewal by the department of any license, permit, certificate, registration, or other form of authorization and such law provides for specific dates for the issuance, renewal, or expiration of the same, notwithstanding the provisions of any such laws, and in order to promote efficiency and avoid duplication of effort, the department may, by rule and regulation, establish dates for such issuance, renewal, or expiration different from those established by law; but in no case shall the department change the duration or period of time during which any license, permit, certificate, registration, or other form of authorization may be valid or effective as established by law, unless otherwise provided.

(3) Whenever a specific law provides for the renewal by the department of any license previously issued and provides a license renewal fee to be paid by the applicant therefor, upon the issuance of any such renewal license after the applicable renewal date, the applicant shall pay in addition to the renewal fee a penalty in an amount equal to the said renewal fee, but not to exceed twenty-five dollars. The provisions of this subsection (3) shall not apply to articles 14 and 21 of this title 35, nor to any other specific law that provides for a penalty for the issuance of a license, permit, or registration after the applicable renewal date.

(4) To the extent its costs are repaid by gifts, grants, or donations received pursuant to section 35-1-107 (6), and only to that extent, the department may provide educational programs and materials regarding any activity regulated under articles 12, 13, 14, 21, 33, 36, and 60 of this title 35.
C.R.S. § 35-70-104.1 — CO Code / Title 35 / Article 70 / Section 35-70-104.1
35-70-104.1. Mobile home ownership - elections and petitions
Status: in_force

35-70-104.1. Mobile home ownership - elections and petitions. Notwithstanding any other provision of this article 70 to the contrary, for all elections and petitions that require ownership of real property or land, the ownership of a mobile home as defined in section 5-1-301 (29) or 38-12-201.5 (5), or a manufactured home as defined in section 42-1-102 (48.8), is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.
C.R.S. § 35-80-105 — CO Code / Title 35 / Article 80 / Section 35-80-105
35-80-105. Pet animal facility - licensure requirements - application - fees
Status: in_force

35-80-105. Pet animal facility - licensure requirements - application - fees. (1) Each applicant for a pet animal facility license shall submit an application providing all required information in the form and manner required by the commissioner.

(2) Each location of a pet animal facility shall be separately licensed.

(3) If a pet animal facility operates under more than one business name from a single location:

(a) No additional pet animal facility license shall be required for the different business names;

(b) The pet animal facility operator must maintain separate records pursuant to section 35-80-107 for each such business name; and

(c) The name of each business providing services that are related to those of a pet animal facility shall be listed with the commissioner in the form and manner designated. The commissioner may require that a separate fee be paid for each such business name.

(4) Each applicant for a pet animal facility license shall pay an annual license fee in the amount specified by rule of the commissioner, which amount shall not exceed seven hundred dollars per license.

(5) Each pet animal facility license shall expire on a date specified by the commissioner by rule.

(6) Each licensee shall report to the commissioner, in the form and manner the commissioner shall designate, any change to the information provided in the application or reports previously submitted within fifteen days of any such change.

(7) Licenses issued pursuant to this article shall not be transferable.

(8) Each pet animal facility licensed pursuant to this article shall display in a conspicuous place signage that contains contact information for the office or other appropriate department subdivision that administers this article.
C.R.S. § 35-28-110 — CO Code / Title 35 / Article 28 / Section 35-28-110
35-28-110. Orders regulating processing
Status: in_force

35-28-110. Orders regulating processing. Subject to the provisions, restrictions, and limitations imposed in this article, the commissioner may issue marketing orders regulating within this state the processing, distributing, or handling in any manner of agricultural commodities by all persons engaged in such processing, distributing, or handling of such commodities.
C.R.S. § 35-5-115 — CO Code / Title 35 / Article 5 / Section 35-5-115
35-5-115. Dissolution of district
Status: in_force

35-5-115. Dissolution of district. The district may be dissolved by the same procedure as the district was created on petition of twenty-five percent of the resident landowners of the district upon a vote of sixty-six and two-thirds percent of those owning the land in the district under similar procedure to that of organizing the district, if a program is not in effect. On and after July 1, 1990, a district may also be dissolved when such question is presented to the resident landowners by the board of county commissioners and more than fifty percent of said landowners voting on the issue vote to dissolve the district; except that no vote is required when two or more districts are being consolidated pursuant to section 35-5-104 (6).
C.R.S. § 35-14-112 — CO Code / Title 35 / Article 14 / Section 35-14-112
35-14-112. Method of sale - general
Status: in_force

35-14-112. Method of sale - general. Except as otherwise provided by the commissioner by rule, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by measure, or by count, so long as the method of sale provides accurate quantity and pricing information.
C.R.S. § 35-57.8-103 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-103
35-57.8-103. Legislative declaration - Colorado horse development authority - creation
Status: in_force

35-57.8-103. Legislative declaration - Colorado horse development authority - creation. (1) The general assembly hereby declares that it is in the public interest and welfare that owners of horses be authorized and encouraged to act jointly and in cooperation in stimulating, by research, education, advertising, and other methods, the promotion of the horse industry in the state. It is the intent and purpose of this article to authorize and provide a method and procedure for effectively correlating and encouraging the promotion of horses and the financing thereof pursuant to the powers of the general assembly as authorized by law. It is further declared that the horse has a long established relationship with the citizens of Colorado and therefore the state is affected with a public interest to ensure the continuation of a stable and expanding horse industry by establishing policies concerning horse promotion in this state and by educating the public concerning the health, care, and welfare of horses.

(2) There is hereby created the Colorado horse development authority that is 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:

(a) As provided in this article;

(b) For purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.;

(c) For purposes of inclusion in the risk management fund and the self-insured property fund and by the department of personnel pursuant to part 15 of article 30 of title 24, C.R.S.
C.R.S. § 35-24.5-101 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-101
35-24.5-101. Short title
Status: in_force

35-24.5-101. Short title. This article shall be known and may be cited as the "Colorado Aquaculture Act".
C.R.S. § 35-61-113 — CO Code / Title 35 / Article 61 / Section 35-61-113
35-61-113. Powers and duties of commissioner - rules
Status: in_force

35-61-113. Powers and duties of commissioner - rules. (1) The commissioner may administer and enforce the provisions of this article 61 and any rules adopted pursuant thereto.

(2) The commissioner may adopt all reasonable rules for the administration and enforcement of this article 61, including but not limited to:

(a) Minimum standards of the acceptable hemp THC level;

(b) Maintenance of records concerning all hemp plant lots acquired, produced, handled, or disposed of; and

(c) Establishment of qualifications for authorized samplers.

(3) The commissioner may establish the annual date or dates on which registrations issued pursuant to this article 61 expire.

(4) The commissioner may enter into cooperative agreements with any agency or political subdivision of this state or with any agency of the United States government for the purpose of carrying out the provisions of this article 61, receiving grants-in-aid, and securing uniformity of rules.

(5) The powers and duties vested in the commissioner by this article 61 may be delegated to qualified employees of the department.
C.R.S. § 35-61-101 — CO Code / Title 35 / Article 61 / Section 35-61-101
35-61-101. Definitions
Status: in_force

35-61-101. Definitions. As used in this article 61, unless the context otherwise requires:

(1) "Acceptable hemp THC level" means when the application of the measurement of uncertainty to the reported delta-9 THC content concentration level on a dry weight basis produces a distribution or range that includes three-tenths of one percent or less.

(1.3) "Authorized sampler" means an employee of the Colorado department of agriculture or a registrant who has been authorized by the commissioner to collect and handle industrial hemp samples.

(1.5) "Certified seed" means seed certified by a seed certifying agency pursuant to article 27 of this title 35 and includes foundation and registered seed.

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

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

(4) "Committee" means the industrial hemp advisory committee established in section 35-61-103.

(4.3) "Cross-pollination" means the transfer of pollen from one plant to the flower of another plant.

(5) "Delta-9 tetrahydrocannabinols" or "delta-9 THC" has the same meaning as "tetrahydrocannabinols" as set forth in section 27-80-203 (24). Delta-9 THC is the primary psychoactive component of cannabis. For purposes of this article 61, the terms "delta-9 THC" and "THC" are interchangeable.

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

(7) "Industrial hemp" or "hemp" means the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry-weight basis.

(7.3) (a) "Key participant" means a sole proprietor, a partner in a partnership, a person with executive managerial control in a corporation, or faculty at an institution of higher education. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, or chief financial officer.

(b) "Key participant" does not include nonexecutive managers such as farm, field, or shift managers.

(7.4) "Licensed outdoor marijuana cultivation" means the licensed premises, as defined in section 44-10-103 (24), used for outdoor cultivation of marijuana.

(7.6) "Marijuana" has the same meaning as "regulated marijuana" as defined in section 44-10-103 (54).

(7.7) "Measurement of uncertainty" means the parameter associated with the results of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

(7.8) (a) "Outdoor cultivation" means:

(I) A registered outdoor hemp cultivation;

(II) A licensed outdoor marijuana cultivation;

(III) The premises for which a person applies for registration to engage in outdoor cultivation of hemp or a license to engage in outdoor cultivation of marijuana; or

(IV) The premises on which a person previously had a registered outdoor hemp cultivation or a licensed outdoor marijuana cultivation.

(b) "Outdoor cultivation", with respect to marijuana, means a licensed marijuana grow that operates seasonally within a temporary greenhouse or on an open plot of land.

(c) "Outdoor cultivation", with respect to marijuana, does not include a licensed marijuana grow that operates year-round within a constructed facility or permanent greenhouse.

(8) "Person" means any individual, natural person, corporation, company, limited liability company, partnership, association, or other legal entity.

(8.4) "Registered outdoor hemp cultivation" means the premises that are subject to registration under section 35-61-104 and are used for outdoor cultivation of hemp.

(8.7) "State licensing authority" means the state licensing authority created in section 44-10-201 for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale, and testing of marijuana in this state.

(9) "Total THC" means the molar sum of THC and tetrahydrocannabinolic acid (THCA).

(10) "Volunteer cannabis plant" means a cannabis plant growing spontaneously without direct human control or supervision.
C.R.S. § 35-36-201 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-201
35-36-201. Licenses - commodity handler - rules
Status: in_force

35-36-201. Licenses - commodity handler - rules. (1) (a) A person shall not act as a commodity handler in this state without having first obtained a license from the department.

(b) A small-volume commodity handler need not obtain a license.

(2) Every person acting as a commodity handler in this state shall, each year before the date specified by the commissioner by rule, obtain or renew a license from the department.
C.R.S. § 35-57.8-110 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-110
35-57.8-110. Collection procedure
Status: in_force

35-57.8-110. Collection procedure. (1) The operators of all stockyards and livestock auction markets shall deduct the assessment from the proceeds of sale owed by them to the respective owners of horses as authorized by section 35-57.8-109.

(2) When an operator sends or gives any written statement to an owner or the owner's agent relating to the proceeds owing the owner, the operator shall include a statement of the amount deducted from the proceeds under section 35-57.8-109.

(3) Operators shall promptly pay to the state board of stock inspection commissioners all assessments collected by them pursuant to subsection (1) of this section.
C.R.S. § 35-75-117 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-117
35-75-117. Exemption from taxation - securities law
Status: in_force

35-75-117. Exemption from taxation - securities law. The income or other revenues of the authority, all properties at any time owned by the authority, any bonds, notes, or other obligations issued pursuant to this article, the transfer of and the income, including any profit made on sale, from any such bonds, notes, or other obligations, and all trust indentures and other documents issued in connection with such bonds, notes, or other obligations shall be exempt at all times from all taxation and assessments in the state of Colorado. Bonds issued by the authority shall also be exempt from the provisions of article 51 of title 11, C.R.S.
C.R.S. § 35-27.5-105 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-105
35-27.5-105. Administration and enforcement
Status: in_force

35-27.5-105. Administration and enforcement. (1) The commissioner shall administer and enforce the provisions of this article.

(2) Upon the motion of the commissioner or upon the motion of any other person, the commissioner may make any investigations necessary to ensure compliance with or determine whether there has been a violation of this article.

(3) The commissioner shall have reasonable access during regular business hours to all pertinent documents concerning any person who has requested that a crop be inspected for purposes of certification of such crop or who has had a crop certified as weed free.

(4) (a) The commissioner may, after notice and a hearing in compliance with the provisions of article 4 of title 24, C.R.S., resulting in a finding of a violation of this article or any rule or regulation promulgated pursuant to this article, rescind any weed free certification of a crop.

(b) For purposes of paragraph (a) of this subsection (4), any action taken by the commissioner following a hearing shall be deemed final.

(c) A person aggrieved by a final decision made by the commissioner pursuant to this subsection (4) may appeal such decision to the Colorado court of appeals pursuant to section 24-4-106 (11), C.R.S.

(d) The commissioner may employ administrative law judges appointed pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings.
C.R.S. § 35-12-118 — CO Code / Title 35 / Article 12 / Section 35-12-118
35-12-118. Seizure, condemnation, and sale
Status: in_force

35-12-118. Seizure, condemnation, and sale. Any lot of commercial fertilizer, soil conditioner, plant amendment, or compost that is in violation of this article shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the county in which the product is located. In the event the court finds the product to be in violation of this article and orders the condemnation of the product, it shall be disposed of in any manner consistent with the quality of the product and the laws of this state. In no instance shall the disposition of the commercial fertilizer, soil conditioner, plant amendment, or compost be ordered by the court without first affording the owner an opportunity to apply to the court for release of the product or for permission to process or relabel the product to bring it into compliance with this article.
C.R.S. § 35-75-127 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-127
35-75-127. Repeal
Status: repealed

35-75-127. Repeal. (Repealed)
C.R.S. § 35-45-107 — CO Code / Title 35 / Article 45 / Section 35-45-107
35-45-107. How article construed
Status: in_force

35-45-107. How article construed. Nothing in sections 35-45-101 to 35-45-106 shall be construed to prohibit free transit over the public domain as provided by the acts of congress or to confer upon any individual as such an exclusive right to the use or occupancy of any part of the public domain.
C.R.S. § 35-5-112 — CO Code / Title 35 / Article 5 / Section 35-5-112
35-5-112. Pest control district on public lands - notice - charges
Status: in_force

35-5-112. Pest control district on public lands - notice - charges. (1) When an area designated as a pest control district by the board of county commissioners of any county contains public lands, it is the duty of the commissioner to notify the proper state departments which control or supervise the public lands within the area so designated that such a district has been formed. It is the duty of any such department so notified to control or eradicate all noxious weeds, insect pests, or plant diseases on any lands under its jurisdiction, and included within the boundaries of the district and for which the district was organized, using the methods prescribed by the commissioner.

(2) In case such department fails to so control or eradicate such pests, it is the duty of the inspector in the county where the infestation is located to enter upon such lands and undertake the control or eradication of such noxious weeds, insect pests, or plant diseases, or cause the same to be done, the expense thereof to be a proper charge against the department which has jurisdiction over the lands. If not paid, such charge may be recovered in an action therefor by the county in any court of competent jurisdiction; except that it is permissible for any such state department which controls or supervises lands in the designated pest control district to enter into a contract with the board of county commissioners of the county wherein the land is situated to authorize the county pest inspector to undertake the control or eradication of all noxious weeds, insect pests, or plant diseases, as provided in this article, on state-controlled land in the district on terms and conditions satisfactory to both parties.

(3) In the case of lands controlled by the state board of land commissioners, which land is included within a district and leased to a lessee, the costs incurred in controlling or eradicating noxious weeds, insect pests, or plant diseases, which would be chargeable to the owner of the land if privately owned, shall be paid by the lessee.

(4) All park land in the state, except that owned by the United States, shall be excluded from charges provided for in this article, and the board of county commissioners of the county in which any such park is located shall be billed for any and all assessments on such park lands.
C.R.S. § 35-43-206 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-206
35-43-206. Records - hides - open to public view
Status: in_force

35-43-206. Records - hides - open to public view. The record provided for in section 35-43-203 (1)(d) and also the hide shall be open to the inspection of all persons for a period of thirty days, and it is unlawful for any slaughterer to refuse to permit such inspection or examination.
C.R.S. § 35-1-107.5 — CO Code / Title 35 / Article 1 / Section 35-1-107.5
35-1-107.5. Relief program for agricultural events organizations - created - definitions - r
Status: repealed

35-1-107.5. Relief program for agricultural events organizations - created - definitions - report - repeal. (Repealed)
C.R.S. § 35-43-102 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-102
35-43-102. Branding - evidence of ownership - penalty
Status: in_force

35-43-102. Branding - evidence of ownership - penalty. Animals which are usually branded may be branded on either side with the owner's brand. No evidence of ownership by brands shall be permitted in any court in this state unless the brands are recorded as provided in section 35-43-105. Each drove of cattle or sheep which may be driven into or through any county of this state shall be plainly branded or marked with one uniform brand or mark. The cattle shall be so branded with the distinguishing ranch or road brand of the owner as to show distinctly in such places as the owner may adopt. Sheep shall be marked distinctly with such mark or device as may be sufficient to distinguish the same readily, should they become intermixed with other flocks of sheep owned in the state. Any such owner or person in charge of such drove being driven into or through the state who fails to comply with the provisions of this article shall be fined not less than fifty dollars nor more than three hundred dollars.
C.R.S. § 35-25-101 — CO Code / Title 35 / Article 25 / Section 35-25-101
35-25-101. Short title
Status: in_force

35-25-101. Short title. This article shall be known and may be cited as the "Colorado Bee Act".
C.R.S. § 35-49-104 — CO Code / Title 35 / Article 49 / Section 35-49-104
35-49-104. Statutes inapplicable
Status: in_force

35-49-104. Statutes inapplicable. The provisions of sections 37-87-101 to 37-87-108 and 37-87-114 to 37-87-115, C.R.S., shall not apply to livestock water tanks of the character defined in section 35-49-103.
C.R.S. § 35-57.5-106 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-106
35-57.5-106. Qualifications of members and alternates
Status: in_force

35-57.5-106. Qualifications of members and alternates. (1) Each member and alternate of the board shall have the following qualifications, which shall continue during such person's term of office:

(a) The person shall be a citizen of the United States.

(b) The person shall be a bona fide resident of the state of Colorado and reside or maintain a principal place of business in the district from which the person is appointed.

(c) The person shall have demonstrated, through membership in a sheep producers' organization or an organization representing this type of production or business or through public or other service, an active interest in the development of the sheep industry of Colorado.

(d) The person shall have been actively engaged in the raising, breeding, or growing of sheep for a period of at least three years and shall derive a substantial proportion of his or her income from that type of production or business.
C.R.S. § 35-50-122 — CO Code / Title 35 / Article 50 / Section 35-50-122
35-50-122. Saving clause
Status: in_force

35-50-122. Saving clause. Nothing in this article diminishes or supersedes the concurrent jurisdiction or the authorities of the parks and wildlife commission or the agriculture commission to regulate captive wildlife and alternative livestock.
C.R.S. § 35-27-109 — CO Code / Title 35 / Article 27 / Section 35-27-109
35-27-109. Seed beans - approval
Status: in_force

35-27-109. Seed beans - approval. (1) (a) For seed beans, the commissioner shall establish tolerances of seed-borne pathogens, inspection procedures and standards, and approval procedures for those seed beans which are found to be within allowable tolerances.

(b) The commissioner may designate those areas of the state in which the provisions of this section shall apply.

(2) (a) The commissioner shall establish reasonable fees for inspections performed pursuant to this section.

(b) Fees established pursuant to this subsection (2) shall be:

(I) Sufficient to offset the actual direct and indirect costs incurred by the commissioner in administering the provisions of this section; and

(II) Paid by the person selling, bartering, or distributing seed beans.

(3) The commissioner may, by contractual agreement, retain qualified persons to act as agents of the commissioner for the performance of inspections pursuant to subsection (1) of this section.
C.R.S. § 35-56-104 — CO Code / Title 35 / Article 56 / Section 35-56-104
35-56-104. Penalty
Status: in_force

35-56-104. Penalty. Any person who offers for sale at auction any animal named in section 35-56-101, without first complying with the requirements of this article 56 as to registration, commits a civil infraction and the fine must be paid into the county treasury for the use of the county.
C.R.S. § 35-41.5-113 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-113
35-41.5-113. Disciplinary actions - denial of license
Status: in_force

35-41.5-113. Disciplinary actions - denial of license. (1) The board, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article if the applicant or licensee has:

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

(b) Had an equivalent license denied, revoked, or suspended by any authority;

(c) Refused to provide the board with reasonable, complete, and accurate information regarding any alternative livestock when requested by the board;

(d) Falsified any information requested by the board;

(e) Been convicted of stealing live big game wildlife; or

(f) Had a license issued pursuant to 33-1-106, C.R.S., revoked.

(2) In any proceeding held under this section, the board may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
C.R.S. § 35-27.3-107 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-107
35-27.3-107. Advisory committee - created - members - terms - duties
Status: repealed

35-27.3-107. Advisory committee - created - members - terms - duties. (1) (a) There is hereby created the seed potato advisory committee.

(b) (I) The advisory committee consists of nine members appointed by the commissioner as follows:

(A) Four potato growers who do not grow seed potatoes and whose operations are located in area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title;

(B) One potato grower who does not grow seed potatoes and whose operation is located in area no. 3, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title;

(C) Two members of the Colorado Certified Potato Growers Association, or its successor organization;

(D) One person employed by Colorado state university; and

(E) One potato grower who does not grow seed potatoes and whose operation is located in area no. 1, area no. 2, or area no. 3, but with a preference for area no. 1, as each of these areas are established in the marketing order regulating the handling of potatoes grown in Colorado, as amended, issued under the "Colorado Agricultural Marketing Act of 1939", article 28 of this title 35.

(II) Whenever possible, the advisory committee member appointed under subsection (1)(b)(I)(D) of this section must have knowledge of or experience with seed potatoes.

(2) (a) Except as provided in subsection (2)(c) of this section, members appointed to the advisory committee shall serve for terms of three years. Members may be appointed for an unlimited number of terms; except that no member shall serve more than two terms consecutively.

(b) Repealed.

(c) In the event of a vacancy on the advisory committee prior to the completion of a member's full term, the commissioner shall appoint a person to complete the remainder of that term. The person so appointed shall represent the same group as the member he or she is replacing, as set forth in paragraph (b) of subsection (1) of this section.

(3) The members shall receive no compensation or reimbursement from the state of Colorado or the department for any expenses incurred in the exercise of their duties.

(4) The advisory committee shall advise the commissioner in establishing rules under this article 27.3, assist in the determination of availability of potatoes, recommend whether to grant permission to plant uncertified seed potatoes, and consult with the commissioner regarding the administration and enforcement of this article 27.3.

(5) Repealed.
C.R.S. § 35-46-114 — CO Code / Title 35 / Article 46 / Section 35-46-114
35-46-114. Fence may be removed - when
Status: in_force

35-46-114. Fence may be removed - when. When any person unwittingly, or by mistake, erects a fence upon the land of another and when, by a line legally determined, that fact is ascertained, such person may enter upon such premises and remove such fence at any time within one year after giving or receiving notice that the line has been run; but when the fence to be removed forms any part of a fence enclosing a field of the other party, having a crop thereon, such first person shall not remove such fence until such crop can, with reasonable diligence, be gathered and secured.
C.R.S. § 35-57-118 — CO Code / Title 35 / Article 57 / Section 35-57-118
35-57-118. Collection procedure
Status: in_force

35-57-118. Collection procedure. (1) The operators of all stockyards, slaughterhouses, packing plants, and livestock auction markets shall deduct from the proceeds of sale owed by them to the respective owners of animals the beef board fee as authorized by section 35-57-117.

(2) When an operator sends or gives any written statement to an owner or such owner's agent relating to the proceeds owing such owner, the operator shall include a statement of the amount deducted from such proceeds for board purposes under section 35-57-117 and the amount deducted from such proceeds under article 53 of this title for brand inspection.

(3) In accordance with the provisions of subsection (1) of this section, operators shall promptly pay to the state board of stock inspection commissioners all beef board fees collected by them.
C.R.S. § 35-14-119 — CO Code / Title 35 / Article 14 / Section 35-14-119
35-14-119. Misleading packages - allowances
Status: in_force

35-14-119. Misleading packages - allowances. No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the commissioner.
C.R.S. § 35-28-114 — CO Code / Title 35 / Article 28 / Section 35-28-114
35-28-114. Disposition of funds
Status: in_force

35-28-114. Disposition of funds. (1) Any moneys collected by the commissioner pursuant to this article shall be deposited in a bank or other depository approved by the state treasurer, allocated to each marketing order under which they are collected, and disbursed by the commissioner only for the necessary expenses incurred by the board of control and the commissioner and approved by the commissioner with respect to each such separate marketing order. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commissioner. All such expenditures by the commissioner shall be audited at least annually and a copy of such audit shall be delivered within thirty days after the completion thereof to the governor and the commissioner of agriculture.

(2) Any moneys remaining in such fund, allocable to any particular agricultural commodity affected by a marketing order, at the discretion of the commissioner, may be refunded at the close of any marketing season, upon a pro rata basis, to all persons from whom assessments were collected, or such portion of such moneys as may be recommended by the board of control and approved by the commissioner may be carried over into the next succeeding marketing season whenever the commissioner finds that such moneys may be required to assist in defraying the cost of operating such marketing order in such succeeding season. Upon termination by the commissioner of any marketing order, any moneys remaining, and not required by the commissioner to defray the expenses of such marketing order, shall be returned by the commissioner, upon a pro rata basis, to all persons from whom assessments were collected. If the commissioner finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons, the commissioner may use the moneys in such fund to defray the expenses incurred by him in the formulation, issuance, administration, or enforcement of any subsequent marketing order for such commodity.
C.R.S. § 35-50-103 — CO Code / Title 35 / Article 50 / Section 35-50-103
35-50-103. Definitions
Status: in_force

35-50-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Accredited veterinarian" means a veterinarian approved by the United States department of agriculture in accordance with 9 CFR 161, as may be amended from time to time.

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

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

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

(5) "Hold" means a temporary order issued by the state veterinarian when an infectious or contagious disease is suspected in livestock to isolate any specific livestock, premises, county, district, or section of the state; restrict the movement of livestock; and specify sanitary measures, pending completion of testing.

(6) "Infectious or contagious disease" means a reportable or emerging disease of livestock that poses a significant risk to the livestock industry of the state resulting from infectious agents, such as viruses, rickettsia, bacteria, fungi, protozoa, internal or external parasites, or prions, or any reportable or emerging communicable disease that is capable of being transmitted from one animal to another animal or to a human, whether communicated directly or indirectly through an intermediate plant or livestock host, a vector, or the environment.

(7) "Livestock" means cattle, sheep, goats, bison, swine, mules, poultry, horses, alternative livestock as defined in section 35-41.5-102 (1), and all other domesticated animals raised or kept for profit.

(8) "New or emerging disease" means an emerging livestock disease defined as a newly identified pathogen or strain of pathogen, a known pathogen in a new location, or a new presentation of a known pathogen.

(9) "Owner" means the person or entity owning the livestock or property and the owner's officers, members, employees, agents, attorneys, and representatives.

(10) "Quarantine" means an order issued by the commissioner when testing has confirmed the presence of an infectious or contagious disease in livestock, which order isolates specific livestock, premises, counties, districts, or sections of the state; restricts the movement of livestock; and specifies sanitary measures.

(11) "Reportable disease" means an infectious or contagious disease specified by rule as reportable to the state veterinarian.

(12) "State veterinarian" means the state veterinarian of the Colorado department of agriculture or his or her authorized representative.

(13) "Test" or "testing" means or applies to the diagnostic test or any other method approved by the state veterinarian for detecting infectious or contagious diseases in livestock.
C.R.S. § 35-57-120 — CO Code / Title 35 / Article 57 / Section 35-57-120
35-57-120. Payment of board money to authorized agent - deposits and withdrawals
Status: in_force

35-57-120. Payment of board money to authorized agent - deposits and withdrawals. Any person authorized by the board to receive or disburse funds as provided in this article shall post with the board surety bond in an amount the board determines sufficient, the cost or premium to be paid by the board.
C.R.S. § 35-53-109 — CO Code / Title 35 / Article 53 / Section 35-53-109
35-53-109. Amount received paid to owner
Status: in_force

35-53-109. Amount received paid to owner. Any person, association, or corporation establishing to the satisfaction of the state board of stock inspection commissioners the ownership of any estray animals which have been sold by said board, and the amount realized from such sale deposited in the estray fund, as provided in section 35-41-102, shall be forthwith paid the amount for which said animals were sold.
C.R.S. § 35-7-107 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-107
35-7-107. Land under contract of purchase
Status: in_force

35-7-107. Land under contract of purchase. On state land sold under contract of purchase whereunder patent has not been issued, the control shall be prosecuted, so far as possible, on a cooperative basis, pursuant to such terms as may be agreed upon with the contract holder.
C.R.S. § 35-33-208 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-208
35-33-208. Disciplinary actions - grounds
Status: in_force

35-33-208. Disciplinary actions - grounds. (1) In accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., the commissioner may deny, suspend, revoke, restrict, refuse to renew, or place on probation the license of any applicant or licensee who:

(a) Makes a false statement or misrepresentation on an application for a license or renewal;

(b) Has had a previous license or any equivalent authorization to engage in activities regulated under this article revoked, suspended, or denied by any authority authorized to grant such license or authorization in this or any other state;

(c) Has failed to comply with or violated any provision of this article or any rule promulgated by the commissioner pursuant to this article; or

(d) Fails to obey any lawful order of the commissioner.
C.R.S. § 35-45-109 — CO Code / Title 35 / Article 45 / Section 35-45-109
35-45-109. Range improvement fund - board of district advisers
Status: in_force

35-45-109. Range improvement fund - board of district advisers. (1) All moneys paid to the counties shall be deposited with the county treasurer in a special fund to be known as the range improvement fund of district no. __. The county treasurer of any county in which a district is located shall be the ex officio district treasurer and custodian of moneys received and shall be liable upon his official bond for all moneys deposited in said range improvement fund. The county treasurer, as ex officio district treasurer, shall pay out such money in said range improvement fund upon the warrant of the chairman or vice-chairman of the district grazing advisory board or a board of district advisers established pursuant to subsection (2) of this section and after consultation with the district manager of the grazing district in which county the moneys were deposited. Said district grazing advisory boards are established pursuant to Public Law 94-579 (43 U.S.C. sec. 1753) or its successor, as may be established by the secretary of the interior pursuant to the "Federal Advisory Committee Act", Public Law 92-463 (86 Stat. 770; Title 5, App.).

(2) (a) In the event that the grazing advisory boards cease to exist, the commissioner of agriculture shall establish and maintain a board of district advisers for each grazing district upon the petition of a simple majority of the livestock lessees and permittees within the jurisdiction of the district. The function of the board of district advisers shall be to determine the use of the range improvement fund in accordance with section 35-45-110.

(b) The number of advisers on each board and the number of years an adviser may serve shall be determined by the commissioner. Each board shall consist of livestock representatives who shall be lessees or permittees in the district under the board's jurisdiction and shall be chosen by the lessees and permittees in the district through an election prescribed by the commissioner. Each board of district advisers shall meet at least once annually.
C.R.S. § 35-12-103 — CO Code / Title 35 / Article 12 / Section 35-12-103
35-12-103. Definitions
Status: in_force

35-12-103. Definitions. As used in this article 12, unless the context otherwise requires:

(1) "Availability" means the immediate potential property of a plant nutrient to be utilized by a plant and have agronomic value when used according to directions.

(2) "Bulk fertilizer", "bulk soil conditioner", or "bulk plant amendment" means a commercial fertilizer, soil conditioner, or plant amendment, respectively, distributed in nonpackaged form or in a container containing more than one hundred pounds.

(3) "Commercial fertilizer" means a fertilizer or other substance containing one or more essential available plant nutrients that is distributed for its plant nutrient content and is designed for use and has value in promoting plant growth. "Commercial fertilizer" does not include untreated manures, compost and treated manure distributed without commercial fertilizer labeling, soil conditioners, plant amendments, and other products exempted by rule of the commissioner.

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

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

(6) "Compost" means a substance, derived from a process of biologically degrading organic materials, that contains one or more essential available plant nutrients and complies with the minimum standards specified by rule of the commissioner that regulate compost.

(7) "Custom mix" means a commercial fertilizer, soil conditioner, or plant amendment prepared expressly for, and according to specifications furnished by, a customer prior to mixing.

(8) "Department" means the Colorado department of agriculture and includes the state agricultural commission, the commissioner of agriculture, and all employees and agents of the department.

(9) "Distribute" means to import, consign, sell, offer to sell, barter, or otherwise supply a commercial fertilizer, soil conditioner, plant amendment, compost, or manure, for use in or shipment to this state.

(10) "Distributor" means any person who distributes a commercial fertilizer, soil conditioner, plant amendment, compost, or manure.

(11) "Essential" means necessary for the maintenance and growth of plants.

(12) "Fertilizer" means a substance or product that contains one or more essential available plant nutrients.

(13) "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash in the same terms, order, and percentages as in the guaranteed analysis.

(14) (a) "Guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form:

Total Nitrogen (N) percent

Available Phosphate (P2O5) percent

Soluble Potash (K2O) percent

(b) Guarantees for plant nutrients, other than nitrogen, phosphorus, and potassium, may be permitted or required by rule of the commissioner. The guarantees for these other nutrients shall be expressed in the form, availability, and minimum quantity of the element set by rule. The sources of nutrients, salts, chelates, and similar compounds are required to be stated on the application for registration and may be included as a parenthetical statement on the label.

(c) Guaranteed analysis of a custom mix may appear as in paragraph (a) of this subsection (14) or may include the net weight and guaranteed analysis of each plant nutrient or fertilizer in the mix.

(15) "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer, soil conditioner, or plant amendment.

(16) "Label" means the display of all written, printed, or graphic matter on the immediate container of, or a statement accompanying, a commercial fertilizer, soil conditioner, plant amendment, compost, or manure.

(17) "Labeling" means all written, printed, graphic, or verbal information on, accompanying, or used in promoting any commercial fertilizer, soil conditioner, plant amendment, compost, or manure, including advertisements, brochures, and posters and television, radio, and internet announcements.

(18) "Manufacturing facility" means any place where a commercial fertilizer, soil conditioner, plant amendment, or compost is manufactured, produced, compounded, mixed, blended, or in any way altered chemically or physically. Mobile units shall be considered a part of the manufacturing facility where the units are based.

(19) "Manure" means animal or vegetable manure and includes treated and untreated manure.

(20) "Official sample" means any sample of commercial fertilizer, soil conditioner, plant amendment, compost, or manure that is taken and designated as "official" by the department.

(21) "Packaged fertilizer", "packaged soil conditioner", or "packaged plant amendment" means a commercial fertilizer, soil conditioner, or plant amendment, respectively, that is distributed in a closed container and contains one hundred pounds or less of the commercial fertilizer, soil conditioner, or plant amendment.

(22) "Percent" or "percentage" means the percentage by weight.

(23) "Plant amendment and soil conditioner guaranteed analysis" means the percentage of each of the ingredients.

(24) "Plant amendments" means any devices or substances applied to the soil, plants, or seeds that are intended to improve germination, growth, yield, product quality, reproduction, flavor, or other desirable characteristics of plants. "Plant amendments" does not include commercial fertilizers, soil amendments, untreated manures, pesticides, plant regulators, compost and treated manures that are distributed without plant amendment labeling, or other materials exempted by rules promulgated by the commissioner.

(25) "Plant nutrients" means those chemical or organic forms of nitrogen (N), phosphorus (P2O5), potassium (K2O), other secondary and micronutrients, calcium (Ca), magnesium (Mg), sulfur (S), boron (B), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), or zinc (Zn) that are absorbed by crops and are essential to the plants.

(26) "Product" means a commercial fertilizer, plant amendment, or soil conditioner in the form in which it is intended to be distributed. For the purposes of this article, a product that differs from another product in the name of the product, composition, labeling claims or directions for use, grade, or guaranteed analysis shall be considered a separate product that requires its own registration.

(27) "Registrant" means a person who is registered or is required to be registered to manufacture or distribute commercial fertilizers, soil conditioners, plant amendments, or compost under the provisions of this article.

(28) "Sewage sludge, sewage effluents, and biosolids" means all materials resulting from domestic wastewater treatment that contain concentrations of organic or inorganic materials.

(29) "Soil conditioner" means a substance, defined by rule of the commissioner, intended to improve the chemical or physical characteristics of the soil that is sold, offered for sale, or intended for sale. It does not include commercial fertilizers, plant amendments, untreated manures, compost and treated manures that are distributed without soil conditioner labeling claims, or any other materials that may be exempted by rule of the commissioner. Soil conditioners may be sold in package or in bulk.

(30) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, parks, and cemeteries.

(31) "Ton" means a net weight of two thousand pounds avoirdupois.

(32) "Treated manures" means substances composed primarily of excreta, plant or animal material, sewage sludge, sewage effluents, and biosolids, or mixtures of such substances that have been treated in any manner, including mechanical drying, grinding, pelleting, or other means, or by adding other chemicals or substances.

(33) "Untreated manures" means substances composed primarily of excreta, plant remains, or mixtures of such substances that have not been treated in any manner, including mechanical drying, grinding, pelleting, or other means, or by adding other chemicals or substances.
C.R.S. § 35-10-110 — CO Code / Title 35 / Article 10 / Section 35-10-110
35-10-110. Registered limited commercial and registered public applicators - requirements f
Status: in_force

35-10-110. Registered limited commercial and registered public applicators - requirements for operation. (1) For each class or subclass of pesticide application a registered limited commercial or registered public applicator applies, the applicator shall employ at least one qualified supervisor who is licensed in that class or subclass of pesticide application or shall secure the services of such qualified supervisor by documented agreement.

(2) Notwithstanding subsection (1) of this section, no registered public applicator shall be required to pay licensing or certification fees for any qualified supervisor or certified operator whom the applicator may employ.

(3) Every registered limited commercial or registered public applicator shall provide verifiable training to all technicians in its employ according to standards adopted by the commissioner. Such standards shall be identical to those adopted by the commissioner with respect to commercial applicators pursuant to section 35-10-106 (1)(c).

(4) If the commissioner, pursuant to section 35-10-109, establishes a registry of limited commercial and public applicators, he or she may also require that each registered applicator report, in the form and manner the commissioner shall designate, any change to the information provided by such applicator to the registry or in any such reports previously submitted, within fifteen days after said change.
C.R.S. § 35-7-203 — CO Code / Title 35 / Article 7 / Part 2 / Section 35-7-203
35-7-203. Release of destructive rodent pests - definitions
Status: in_force

35-7-203. Release of destructive rodent pests - definitions. (1) No person shall release destructive rodent pests into a county unless the person complies with all requirements for such release imposed by the parks and wildlife commission and obtains both the prior approval of the commission and the prior approval, by resolution duly adopted, of the board of county commissioners of such county. A person need not obtain such prior approval before:

(a) Transporting destructive rodent pests through a county without releasing such destructive rodent pests; or

(b) Confining destructive rodent pests indoors or in cages or similar enclosures and using such destructive rodent pests for scientific purposes or as food for human or animal consumption; or

(c) Keeping destructive rodent pests indoors or in cages or similar enclosures as pets; or

(d) Releasing destructive rodent pests into the county in which such destructive rodent pests were originally taken into captivity.

(2) For purposes of this section, "destructive rodent pests" means one or more rodents, including but not limited to prairie dogs, ground squirrels, pocket gophers, jackrabbits, and rats, that pose a threat to agricultural, horticultural, or livestock concerns or to human health.

(3) The board of county commissioners of any county into which a person releases destructive rodent pests without the prior approval of such board may, at its discretion:

(a) Require the person who released the destructive rodent pests to eradicate the destructive rodent pests or remove the destructive rodent pests from the county; or

(b) Impose a fine upon the person who released the destructive rodent pests in an amount sufficient to compensate the county for the cost of eradicating the destructive rodent pests or removing the destructive rodent pests from the county.
C.R.S. § 35-55-118 — CO Code / Title 35 / Article 55 / Section 35-55-118
35-55-118. Denial of license - hearing
Status: in_force

35-55-118. Denial of license - hearing. (1) The state board of stock inspection commissioners is empowered to determine summarily whether an applicant for a license to establish and operate a public livestock market meets the requirements set forth in this article or whether there is probable cause to believe that an applicant has committed any of the acts set forth in section 35-55-107 as grounds for discipline. As set forth in this section, "applicant" does not include a renewal applicant.

(2) If the board determines that an applicant does not meet the requirements for licensure set forth in this article or that probable cause exists to believe that an applicant has committed any of the acts set forth in section 35-55-107, the board may withhold or deny the applicant a license. In such instance, the board shall provide such applicant with a statement in writing setting forth the basis of the board's determination.

(3) Should reasonable grounds for controversy over the board's action in issuing or refusing to issue a license develop, a hearing may be conducted by four members of the board. Following such hearing, the board shall affirm, modify, or reverse its prior action in accordance with its findings at such hearing.
C.R.S. § 35-61-104 — CO Code / Title 35 / Article 61 / Section 35-61-104
35-61-104. Registration - cultivation of industrial hemp - research and development growth
Status: repealed

35-61-104. Registration - cultivation of industrial hemp - research and development growth - hemp management plan - rules. (1) (a) A person wishing to engage in industrial hemp cultivation shall apply to the department for a registration in a form and manner determined by the commissioner prior to planting the industrial hemp. The application must include the name and address of the applicant and all key participants and the legal description, global positioning system location, and map of the land area on which the applicant plans to engage in industrial hemp cultivation. The applicant shall also submit to the department the fee required by section 35-61-106 (2). Application for registration pursuant to this section is a matter of statewide concern.

(b) Repealed.

(c) With the submission of an application for registration, each key participant shall submit a complete set of fingerprints to the Colorado bureau of investigation or the department for the purpose of conducting fingerprint-based criminal history record checks. If received by the department, the department shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the commissioner. When the results of a fingerprint-based criminal history record check reveal a record of arrest without a disposition, the department shall require a key participant to submit a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The commissioner shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether a key participant is qualified to be registered. The key participant shall pay the costs associated with the fingerprint-based criminal history record check.

(2) If a person applies for registration in accordance with subsection (1) of this section and the commissioner determines that the person has satisfied the requirements for registration pursuant to this article 61, the commissioner may issue a registration to the person.

(3) (a) A registration issued pursuant to this section is valid for one year from the date of its issuance.

(b) To continue engaging in industrial hemp cultivation or research and development growth operations in this state after a registration's expiration, a registrant must apply for renewal of its registration in accordance with rules adopted by the commissioner setting forth application renewal and review processes and setting a registration renewal fee.

(4) If the registrant wishes to alter the land area on which the registrant will conduct industrial hemp cultivation or research and development growth operations, before altering the area, the registrant shall submit to the department an updated legal description, global positioning system location, and map specifying the proposed alterations.

(5) The commissioner shall adopt rules as necessary to implement and administer this article 61.

(6) The commissioner or the commissioner's designee shall submit a hemp management plan in accordance with the requirements and timelines prescribed by the secretary of the United States department of agriculture pursuant to the "Agriculture Improvement Act of 2018", Pub.L. 115-334, as amended, for approval by the secretary.

(7) Except as otherwise prohibited by law, the commissioner may establish separate registration and waiver requirements for research and development cultivation of industrial hemp.
C.R.S. § 35-29.5-102 — CO Code / Title 35 / Article 29.5 / Section 35-29.5-102
35-29.5-102. Definitions
Status: in_force

35-29.5-102. Definitions. As used in this article 29.5, unless the context otherwise requires:

(1) "Board" means the Colorado wine industry development board, created in section 35-29.5-103.

(1.5) "Eastern slope" means the area east of the continental divide.

(2) "Fruit product" means any juice, must concentrate, or extract from fruit whether or not partially fermented.

(2.5) "Grand valley viticultural area" means the federally defined area in Mesa county in which wine grapes are grown.

(3) "Grape product" means any juice, must concentrate, or extract made from vinifera grapes, true or hybrid, whether or not partially fermented.

(3.5) "Western slope" means the area west of the continental divide, excluding the grand valley viticultural area.

(4) (a) "Wine" means any vinous liquor containing not more than twenty-one percent alcohol by volume and produced in all respects in conformity with the laws of the United States and the regulations of the bureau of alcohol, tobacco, firearms, and explosives of the United States department of justice or any of its successor agencies.

(b) "Wine" does not include hard cider as defined in section 44-3-103 (20).

(5) "Wine-growing" means the cultivation in commercial quantities of vinifera grapes in this state.

(6) "Wine-making" means the ownership and control of or the management of a licensed winery in this state.
C.R.S. § 35-3-105 — CO Code / Title 35 / Article 3 / Section 35-3-105
35-3-105. Administration of state plans
Status: in_force

35-3-105. Administration of state plans. (1) The department is authorized to formulate for each calendar year and to submit to the secretary of agriculture of the United States, for and in the name of this state, a state plan for carrying out the purposes of this article during such calendar year.

(2) The department is authorized to modify or revise any such plan in whatever manner, consistent with the terms of this article, it finds necessary to provide for more substantial furtherance of the accomplishment of the purposes of this article.

(3) Each such plan shall provide for such participation in its administration, by voluntary county and community committees or associations of agricultural producers organized for such purposes, as the department determines to be necessary or proper for the effective administration of the plan.

(4) Each such plan shall provide, through agreements with agricultural producers or through other voluntary methods, for such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities, as the department determines to be calculated to effectuate as substantial an accomplishment of the purposes of this article as may reasonably be achieved through action of this state, and for payments to agricultural producers in connection with such agreements or methods in such amounts as the department determines to be fair and reasonable and calculated to promote such accomplishment of the purposes of this article without depriving such producers of a voluntary and uncoerced choice of action.

(5) Any such plan shall provide for such educational programs as the department determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this article.

(6) Each such plan shall contain an estimate of expenditures necessary to carry out such plan, together with a statement of such amount as the department determines to be necessary to be paid by the secretary of agriculture of the United States as a grant to aid of such plan under section 7 of the "Soil Conservation and Domestic Allotment Act", in order to provide for the effective carrying out of such plan, and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the department to be necessary for carrying out such plan during such period.

(7) The department shall provide for such investigations as it finds to be necessary for the formulation and administration of such plans.
C.R.S. § 35-29-105 — CO Code / Title 35 / Article 29 / Section 35-29-105
35-29-105. Authority to enter, inspect, and take samples
Status: in_force

35-29-105. Authority to enter, inspect, and take samples. Any authorized representative of the department may enter and inspect any place where products being marketed under this article are being sold or offered for sale and take such samples as may be necessary to determine the grade, quality, or condition of the product.
C.R.S. § 35-57.5-112 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-112
35-57.5-112. Meetings
Status: in_force

35-57.5-112. Meetings. The first board appointed shall meet as soon as practicable for the purpose of organizing. It shall elect a chairman 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 and shall transact such other business as is necessary to start the work of the board. Thereafter, the board shall meet regularly once each three months or at such other times as called by the chairman. The chairman may call special meetings at any time and shall call a special meeting when requested by three or more members of the board.
C.R.S. § 35-73-105 — CO Code / Title 35 / Article 73 / Section 35-73-105
35-73-105. Powers and duties of the department
Status: in_force

35-73-105. Powers and duties of the department. (1) In carrying out this article 73, the department may:

(a) Seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this article 73, but the department shall not pledge the faith or credit of the state of Colorado or any county or other political subdivision. In connection with the gifts, grants, or donations, the department may enter into an agreement or contract.

(b) Administer and expend the following money to plan, develop, or implement programs authorized in section 35-73-104:

(I) Appropriations made by the general assembly;

(II) Money granted to or made available to the department by the United States government, an agency of the United States government, or a political subdivision of Colorado;

(III) Gifts, grants, or donations received under subsection (1)(a) of this section; or

(IV) Money derived from any other source, subject to appropriation;

(c) Provide grants, loans, and other resources to eligible entities to perform soil health activities;

(d) Unless otherwise specified by the grantor or donor, use any money received from a political subdivision of Colorado, the United States government, or an agency of or corporation of the United States government to serve as a matching fund for soil health activities; or

(e) Cooperate and collaborate, including entering into an agreement, to:

(I) Advance the scientific understanding of soil health, soil health practices, environmental outcomes, or economic outcomes;

(II) Increase monetary or nonmonetary resources to support scientific research; or

(III) Apply for grants, including applying for grants jointly, and obtain resources to support the programs authorized in section 35-73-104.

(2) In establishing a grant program, the department shall:

(a) Make money available for demonstration projects, educational projects, implementation projects, or research projects grants to eligible entities;

(b) Minimize the use of money by grant recipients for costs not directly related to grant outcomes, such as administrative expenses or other expenses related to overhead;

(c) Establish a monitoring and oversight procedure to ensure that money is being spent as intended; and

(d) Establish protocols that ensure the confidentiality, in accordance with section 35-73-107, of agricultural producer, landowner, land manager, and land information, including with respect to a state soil health inventory and platform and state soil health testing program.
C.R.S. § 35-14-122 — CO Code / Title 35 / Article 14 / Section 35-14-122
35-14-122. Public scales - requirements - weight certificates - procedures - records
Status: in_force

35-14-122. Public scales - requirements - weight certificates - procedures - records. [See editor's note following this section] (1) (a) Provision shall be made for official certified scales throughout the state for the purpose of doing public weighing if the scale owners agree to meet the requirements of this article. Such scales shall be operated only by a certified weigher. All equipment used by certified weighers shall be approved by the commissioner.

(b) The commissioner shall require the owner or operator of all certified scales to post on the outside of the scale house, where it can be conveniently observed by all persons, a sign at least twelve inches high and thirty-six inches long, stating the maximum weighing capacity of the scale. No person shall weigh or attempt to weigh any article or load having a greater weight or suspected weight greater than the rated capacity of the scale.

(2) (a) (I) It is the duty of each certified weigher to weigh upon the certified scales any load delivered at the scales for weighing when engaged to do so by any person and to issue a certificate of correct weight.

(II) The certificate of correct weight must state the gross weight of the load, the tare weight, the net weight of the load, and the date of weighing. In addition, the weight certificate must indicate:

(A) The state license number of the vehicle or other positive identification;

(B) A serial number;

(C) The name of the shipper or the owner of the load;

(D) The nature of the load;

(E) The name of the receiver of the load;

(F) Whether the driver is off or on the scale;

(G) The name of the certified weigher;

(H) The location of the certified scale; and

(I) If the vehicle is being weighed in order to be registered in accordance with article 3 of title 42, the vehicle identification number, year of manufacture, and make.

(III) For issuing a certificate, the certified weigher may charge a reasonable fee; except that no charge may be made for weighing done or for certificates issued upon the demand of the commissioner or any employee acting in an official capacity under this article 14.

(b) All certified weighers shall keep a daily register in which they shall enter every transaction by them as certified weighers, including the gross weight of each load, the weight of the vehicle, the net weight of the load, the license number of the vehicle, if any, the name of the dealer or owner, the name of the weigher, the name of the person for whom the weighing was done, and the date of weighing. The daily register shall be kept by the certified weigher and shall be open at all times to inspection by the supervisor of measurements standards and all other inspectors of the department and by any other person interested therein. Such daily registers shall be kept for a period of two years.

(3) A weighing made of any vehicle or combination of vehicles to ascertain the gross, tare, or net weight for commercial purposes or certification by a certified weigher shall not be determined by any procedure denominated as a split-weighing or fore-and-aft draft. The gross, tare, or net weight of any vehicle or combination of vehicles as a single unit shall be determined upon scales with platforms of sufficient size to accommodate the vehicle or combination of vehicles as one entire unit; except that the gross, tare, or net weight of a combination of vehicles may be determined upon a scale which will not accommodate the combination of vehicles as one entire unit if the same are separated and the weight of each member thereof can and is determined separately as an independent unit. In such cases, weight certificates shall be issued for each such separate weighing.

(4) The certified scales shall be available for use by the public each day of the year during all reasonable business hours. Sundays and other legal holidays are excepted.

(5) All persons, firms, and corporations which do public weighing for a fee shall keep a complete record of each such weighing for a period of two years, and at least one copy of each weighing certificate shall be retained on record at the place of weighing.

(6) (a) All commodities bought, sold, delivered, or in the process of changing ownership that use the weight of the content for final determination and settlement shall be weighed on a scale licensed in accordance with this article if neither the buyer nor the seller owns his or her own scale. The weigher shall issue a weight certificate containing all the information required by subsection (2) of this section to both the buyer and the seller. If the buyer or seller owns his or her own scale licensed by the department and uses such scale to determine the weight of such commodities, such party shall issue a ticket or invoice in duplicate to the other party. Said ticket or invoice shall contain all the information required by subsection (2) of this section.

(b) All commodities bought, sold, delivered, or in the process of changing ownership for which a weight certificate, ticket, or invoice has been issued pursuant to paragraph (a) of this subsection (6) and which are being hauled or transported on the streets, roads, or highways of this state shall be accompanied with a weight certificate or a ticket or invoice containing the information required by subsection (2) of this section.
C.R.S. § 35-40-103 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-103
35-40-103. Disbursements from fund
Status: repealed

35-40-103. Disbursements from fund. (Repealed)
C.R.S. § 35-52-114 — CO Code / Title 35 / Article 52 / Section 35-52-114
35-52-114. Permit to be obtained
Status: in_force

35-52-114. Permit to be obtained. Prior to the feeding of garbage to any swine located in the state of Colorado, the owner or feeder, as the case may be, shall first obtain a permit from the state agricultural commission. The applicant for a garbage feeding permit shall certify in the application that he has facilities for cooking garbage in one or more of the methods described in section 35-52-113 (2). The state agricultural commission must, within a reasonable time, ascertain that such facilities are as represented and, if the requirements of section 35-52-113 can be fulfilled, issue a permit to the applicant.
C.R.S. § 35-5-122 — CO Code / Title 35 / Article 5 / Section 35-5-122
35-5-122. Costs of control operations
Status: in_force

35-5-122. Costs of control operations. (1) The costs of grasshopper or range caterpillar control operations shall be borne as follows:

(a) Landowners and lessees in grasshopper or range caterpillar control districts shall assume one-third of the cost in those instances where the commissioner enters into an arrangement with APHIS whereby APHIS agrees to pay one-third of such costs.

(b) Landowners and lessees in grasshopper or range caterpillar control districts shall assume two-thirds of the costs in those instances where the commissioner is unable to enter into a cost-sharing arrangement with APHIS.

(c) One-third of the costs shall be paid from the governor's agricultural emergency and disaster fund.

(d) The money deposited by the landowners and lessees to control grasshoppers or range caterpillars shall be available to the commissioner to administer the control of such infestations.
C.R.S. § 35-36-107 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-107
35-36-107. Appeal
Status: in_force

35-36-107. Appeal. Any action of the commissioner with reference to the administration of this article 36 may be reviewed by any court of competent jurisdiction pursuant to section 24-4-106 only after all administrative remedies have been exhausted.
C.R.S. § 35-21-108 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-108
35-21-108. Repeal of sections - review of functions
Status: repealed

35-21-108. Repeal of sections - review of functions. Sections 35-21-104 and 35-21-107 (2) and this section are repealed, effective September 1, 2031. Before the repeal, the licensing functions of the department are scheduled for review in accordance with section 24-34-104.
C.R.S. § 35-27-124 — CO Code / Title 35 / Article 27 / Section 35-27-124
35-27-124. Fees credited to plant health, pest control, and environmental protection cash f
Status: in_force

35-27-124. Fees credited to plant health, pest control, and environmental protection cash fund. All fees and civil fines collected pursuant to this article 27 shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. The fees and fines imposed by this article 27 supplement any general fund appropriation appropriated for the purposes of this article 27.
C.R.S. § 35-77-108 — CO Code / Title 35 / Article 77 / Section 35-77-108
35-77-108. Cease-and-desist orders
Status: in_force

35-77-108. Cease-and-desist orders. (1) (a) The commissioner may issue an order to cease and desist from violating this article 77 if the commissioner determines, based upon credible evidence, that:

(I) A person is violating this article 77 or a rule adopted under this article 77; or

(II) A person is violating section 35-77-104.

(b) To issue a cease-and-desist order, the commissioner must set forth in the order the statutes or rules alleged to have been violated, the facts alleged to constitute the violation, and a requirement that the alleged violations cease and desist.

(c) To protest a cease-and-desist order, a person must request within thirty days after the date of the order a hearing on the question of whether the person has violated this article 77 or a rule adopted under this article 77. If so requested, the commissioner shall hold a hearing.

(2) A person aggrieved by a cease-and-desist order that has become final may seek judicial review of the order.

(3) (a) If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with the order, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further violation of this article 77 or a rule adopted under this article 77.

(b) If the subject of a cease-and-desist order requests that the cease-and-desist order be stayed pending an approval of the order, a court shall not stay the cease-and-desist order until after a hearing has been held at which both parties have had an opportunity to appear.

(c) A court shall give preference to matters brought before the court under this section over other matters on the calendar of the court.
C.R.S. § 35-12-104 — CO Code / Title 35 / Article 12 / Section 35-12-104
35-12-104. Registration
Status: repealed

35-12-104. Registration. (1) Each product shall be registered by the person whose name appears on the label before being distributed in, into, or for use in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner and shall be accompanied by a fee established by the commission. For each fiscal year, commencing on July 1, fifty percent of the department's direct and indirect costs of administering and enforcing this article shall be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund. All registrations shall expire annually on the date specified by rule of the commissioner. Applications for renewal of registrations must be submitted on or before such date. Each application for registration or renewal of registration shall include the following information:

(a) The name and address of the registrant;

(b) The name of the product;

(c) The grade, if a commercial fertilizer;

(d) The guaranteed analysis;

(e) The sources from which the guaranteed plant nutrients, soil conditioner, or plant amendment derive; and

(f) One copy of the label used in this state for the sale of each of the products being registered.

(1.5) Repealed.

(2) The registration requirements of subsection (1) of this section shall not apply to custom mix fertilizers, untreated manure, or compost and treated manures that are distributed without commercial fertilizer, plant amendment, or soil conditioner labeling claims.

(3) The commissioner may require proof of labeling statements and other claims made for any commercial fertilizer, soil conditioner, or plant amendment before approving any registration. If the registrant makes no claims, the commissioner may require proof of the usefulness and value of the commercial fertilizer, soil conditioner, or plant amendment. As evidence of proof, the commissioner may rely on experimental data, evaluations, or advice furnished by experts such as Colorado state university and may accept or reject additional sources of proof in evaluating any commercial fertilizer, soil conditioner, or plant amendment. In all cases, only experimental proof shall relate to those conditions in Colorado for which use the product is intended.

(4) Commercial fertilizer shall contain the minimum stipulated quantities of plant nutrients required by rules promulgated by the commissioner.

(5) The commissioner may stipulate by rule the quantities of active substances required in soil conditioners or plant amendments to be sold or distributed for use in this state.

(6) No commercial fertilizer, soil conditioner, or plant amendment shall be sold or distributed for use in this state without a current registration. Any person who fails to renew the registration of commercial fertilizer, soil conditioner, or plant amendment on or before the expiration date of the registration shall pay a late fee, as established by the commission, in addition to the registration fee.

(7) Each manufacturing facility that produces custom mixes in this state must be registered. All registrations shall expire annually on the date specified by rule of the commissioner. Applications for renewal of registrations must be submitted on or before such date.

(8) (a) Each manufacturing facility in this state producing compost that is distributed without commercial fertilizer, plant amendment, or soil conditioner claims shall register with the commissioner unless exempted by rule of the commissioner.

(b) The application for registration shall be submitted to the commissioner on forms furnished by the commissioner and shall be accompanied by a fee established by the commission. Any person who fails to renew said manufacturing facility registration shall pay a late fee, as established by the commission, in addition to the registration fee.

(c) At the time of registration, each manufacturing facility shall submit copies of all labels that will be affixed to or accompany the compost products it distributes.
C.R.S. § 35-47-103 — CO Code / Title 35 / Article 47 / Section 35-47-103
35-47-103. Penalty
Status: in_force

35-47-103. Penalty. Any person who knowingly permits any of said animals to run at large commits a civil infraction.
C.R.S. § 35-60-102 — CO Code / Title 35 / Article 60 / Section 35-60-102
35-60-102. Definitions
Status: in_force

35-60-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Brand name" means any word, name, symbol, device, or any combination thereof that identifies the commercial feed of a distributor or labeler and distinguishes it from that of other distributors or labelers.

(2) "Commercial feed" means all materials or combination of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted. "Commercial feed" does not include unmixed whole seeds or grains, as identified in the United States grain standards, and physically altered entire unmixed seeds, when such whole or physically altered seeds are not chemically changed or are not adulterated as described in section 35-60-107. The commissioner by rule may exempt from this definition, or from specific provisions of this article, commodities such as hay, straw, stover, silage, cobs, husks, hulls, meat, and other portions of animal carcasses in their raw or natural state that have not been further processed, except by denaturing, when such commodities are not intermixed with other materials and are not adulterated as described in section 35-60-107.

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

(3.5) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such person's remuneration is determined wholly or partially by feed consumption, mortality, profits, or amount or quality of product.

(4) "Customer-formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

(5) "Department" means the department of agriculture and includes the state agricultural commission, the commissioner of agriculture, and all agents and employees of the department.

(6) "Distribute" means to sell, offer to sell, exchange, barter, supply, furnish, or otherwise provide commercial feed. "Distribute" does not include sales of commercial feed by a contract feeder as a part of a custom feeding agreement.

(7) "Distributor" means any person who distributes commercial feed in this state.

(8) "Drug" means either of the following:

(a) Any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; or

(b) Any article, other than a feed, intended to affect the structure or any function of an animal's body.

(9) "Feed" means any substance that is intended for use as food for animals other than humans. "Feed" includes commercial feed and feed ingredients.

(9.5) "Feeder" means any person who provides feed directly to any cattle, sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food. "Feeder" includes a contract feeder.

(10) "Feed ingredient" means a constituent material used in the manufacture of a feed that becomes part of the feed.

(11) "Label" means a display of written, printed, or graphic matter upon or affixed to the immediate container of any feed or on the invoice or delivery slip with which a feed is distributed.

(12) "Labeling" means all labels and other written, printed, or graphic matter upon a feed or any of its containers or wrappers or that accompany the feed or are otherwise published or communicated in any manner by a distributor of such feed.

(13) "Manufacture" means to grind, mix, blend, or further process a feed.

(14) "Noxious weed seed" means the seed produced from plants that have been designated by the commissioner as being noxious due to such plants negative effects on natural and agricultural ecosystems.

(15) "Official sample" means a sample of feed taken by the commissioner in accordance with the provisions of section 35-60-110.

(16) "Person" means an individual, partnership, corporation, limited liability company, cooperative, business trust, business association, or entity.

(17) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name.

(18) "Quantity statement" means the declaration of the net weight or mass, net volume of liquid or dry material, or count.

(19) "Ton" means a net weight of two thousand pounds.
C.R.S. § 35-41-100.3 — CO Code / Title 35 / Article 41 / Section 35-41-100.3
35-41-100.3. Definitions
Status: in_force

35-41-100.3. Definitions. As used in this article, unless the context otherwise requires:

(1) "Board" means the state board of stock inspection commissioners, created by this article.

(1.4) "Bovine livestock" means:

(a) All cattle and calves; and

(b) All sheep being treated as livestock at the request of the owner thereof.

(1.5) "Division" means the division of brand inspection in the department of agriculture, created in section 24-1-123 (4)(g)(I), C.R.S.

(1.7) "Equine livestock" means all horses, mules, and burros.

(2) "Feedlot" means a lot, pen enclosure, or building where cattle are fed for warm-up or fattening purposes and which is secured by gates to prevent the livestock from movement to adjoining areas outside of feedlot.

(3) "Hide" means the skin from livestock.

(4) "Licensed slaughterhouse", "butcher", or "packing establishment" means a person, association, firm, or corporation carrying on the trade or business of slaughtering cattle, horses, mules, or burros for compensation or profit, under a license issued by the state.

(5) "Livestock" means all cattle, calves, horses, mules, and burros, or sheep may be treated as livestock for purposes of this article at the request of the owner thereof.

(6) "Public livestock market" means any place, establishment, or facility commonly known as a livestock market, conducted or operated for compensation or profit licensed in the state of Colorado, where brand inspection is normally maintained.
C.R.S. § 35-60-104 — CO Code / Title 35 / Article 60 / Section 35-60-104
35-60-104. Registration fees
Status: repealed

35-60-104. Registration fees. (1) A person registering with the department pursuant to section 35-60-103 (1) shall submit a form provided by the department that includes the following information:

(a) The name and business address of the registrant;

(b) The address of each business location in this state where the registrant engages in activities for which registration is required under section 35-60-103;

(c) The registration fee required under subsection (2) of this section;

(d) A statement that the distribution fees and feed tonnage report required under section 35-60-105 have been paid and are current;

(e) Other information required by the department.

(2) (a) (I) A person required to be registered pursuant to section 35-60-103 (1) shall pay an annual registration fee as established by the state agricultural commission. For each fiscal year, commencing on July 1, fifty percent of the direct and indirect costs of administering and enforcing this article 60 must be funded from the general fund. The state agricultural commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund.

(II) Repealed.

(b) Any person who fails to register within fifteen business days after notification of the requirement to register, or any registrant who fails to comply with the registration renewal requirements, shall pay a late fee, as established by the agricultural commission, in addition to the registration fee.

(c) Registration fees collected under paragraph (a) of this subsection (2) are nonrefundable and shall not be prorated for any part of a year.

(d) All fees collected by the department under paragraphs (a) and (b) of this subsection (2) 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.

(e) Registration pursuant to section 35-60-103 (1) is not transferrable between persons or business locations.

(3) The commissioner may at any time request, and the registrant shall provide, copies of labels and labeling to determine compliance with the provisions of this article.

(4) The commissioner, after an administrative hearing pursuant to article 4 of title 24, C.R.S., may deny registration, place a registrant on probation, or restrict, suspend, revoke, or refuse to renew the registration of a person who has violated any provision of this article or any rule of the commissioner promulgated pursuant to this article or falsified any information requested by the commissioner. The commissioner may place conditions that limit production or distribution of a particular feed on the registration of any person found to have violated any provision of this article. Such restriction, revocation, suspension, or refusal to renew a registration, or the placement of conditions on a registration, may be in addition to or in lieu of penalties or fines imposed by section 35-60-113.
C.R.S. § 35-4-106 — CO Code / Title 35 / Article 4 / Section 35-4-106
35-4-106. County pest inspectors - examination of applicants
Status: in_force

35-4-106. County pest inspectors - examination of applicants. It is the duty of a board of county commissioners to examine all applicants for the positions of county pest inspectors, and, if an applicant is found competent and fully qualified to perform the duties of the office, the board shall issue a license as county pest inspector. A person shall not act as county pest inspector without a license. The license is valid for three years.
C.R.S. § 35-40-205 — CO Code / Title 35 / Article 40 / Part 2 / Section 35-40-205
35-40-205. License fee - expenditure of funds
Status: in_force

35-40-205. License fee - expenditure of funds. (1) To defray the expense of the protection afforded by a program established under the provisions of this part 2, the board of county commissioners of any county has the power to require all owners or persons in possession of any cattle, one year old or over, to pay a license fee not exceeding thirty cents per head of cattle so owned or possessed by the owner or person in the county or brought in from another county or state and herded or grazed in the county. The assessor shall ascertain, in addition to the regular assessment for taxation purposes, all cattle which will be one year old or over as of February 1 within the county in any year in which the program is in effect, and shall keep such information in a separate record from the regular assessment, and shall include any cattle that shall be brought into the county between February 1 and January 31 of the following year to be herded or grazed for any part of the year. The board of county commissioners also has the power to require all sheep owners in the county who marketed sheep during the previous calendar year to pay a license fee not exceeding one dollar per head of sheep for which such payments were received. It is the responsibility of the Colorado sheep and wool board to provide the county assessor, by October 1 of each year, with a list containing the names and addresses of such sheep owners in the county and the number of sheep marketed during the immediately preceding twelve months. Such information shall be transmitted by the county assessor to the board of county commissioners by November 1 of each year. The board of county commissioners also has the power to require all sheep owners who herded or grazed sheep in the county to pay a license fee not exceeding one dollar per head of sheep. The board of county commissioners shall then order the license fee to be levied against all such sheep or cattle, or both, and shall adjust the fee on cattle on the basis of the number of months any cattle will be herded or grazed in the county, and shall adjust the fee on sheep on the basis of the number of months the sheep were herded or grazed in the county during the previous year.

(2) Upon the order of the board of county commissioners, such license fee shall be imposed by the entry thereof in the name of the licensee upon the property tax rolls of the county by the county assessor, and shall be payable to and collected by the county treasurer as and when county personal property taxes are by law payable and collected, and when so levied shall be a lien upon the property of the licensee enforceable under the laws provided for the collection of taxes on personal property. When collected said fees shall be placed by the county treasurer in a predatory animal control fund of the county, and all moneys credited to said fund shall be expended on order of the board of county commissioners of the county for predatory animal control only.
C.R.S. § 35-80-110 — CO Code / Title 35 / Article 80 / Section 35-80-110
35-80-110. Inspections - investigations - access - subpoena - duty to report suspected anim
Status: in_force

35-80-110. Inspections - investigations - access - subpoena - duty to report suspected animal cruelty or animal fighting - immunity. (1) The commissioner, upon his or her own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article.

(2) Complaints of record made to the commissioner and the results of his or her investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.

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

(a) To those portions of all buildings, yards, pens, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out any provision of this article or any rule promulgated pursuant to this article; and

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

(3.5) After the denial, suspension, or revocation of a license for a pet animal facility, the commissioner shall have free and unimpeded access to the areas and records that are reasonably necessary to verify that operation of such a pet animal facility has ceased. The commissioner shall have such access upon consent or upon obtaining a search warrant to the following areas and records:

(a) To those portions of all buildings, yards, pens, and other areas in which animals are suspected of being kept, handled, or transported without the appropriate license; and

(b) To all records that are equivalent to those required to be kept for the purpose of carrying out the provisions of this article. The commissioner may make copies of such records for the purpose of carrying out any provision of this article or any rule promulgated pursuant to this article.

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

(5) (a) If the commissioner or the commissioner's designee, in the course of an investigation under this article, has reasonable cause to know or suspect that an animal has been subjected to animal cruelty in violation of section 18-9-202, C.R.S., or animal fighting in violation of section 18-9-204, C.R.S., the commissioner or the commissioner's designee shall report or cause a report to be made of the animal cruelty or animal fighting to a local law enforcement agency or the state bureau of animal protection created in section 35-42-105. The commissioner or the commissioner's designee shall not knowingly make a false report.

(b) The mere filing of a complaint does not generate a requirement to report under paragraph (a) of this subsection (5).

(c) A commissioner or a commissioner's designee who willfully violates the provisions of this subsection (5) commits a petty offense, punishable as provided in section 18-1.3-503.

(d) (I) If the commissioner or the commissioner's designee in good faith reports a suspected incident of animal cruelty or animal fighting to the proper authorities in accordance with this subsection (5), he or she is immune from liability in any civil or criminal action brought in connection with the report.

(II) In a civil or criminal action brought in connection with the report, the commissioner or the commissioner's designee is presumed to have acted in good faith.
C.R.S. § 35-61-102 — CO Code / Title 35 / Article 61 / Section 35-61-102
35-61-102. Industrial hemp - permitted growth by registered persons
Status: in_force

35-61-102. Industrial hemp - permitted growth by registered persons. (1) Notwithstanding any other provision of law to the contrary, a person who holds a registration issued pursuant to section 35-61-104 may engage in industrial hemp cultivation for commercial purposes.

(2) Notwithstanding any other provision of law, a person registered pursuant to section 35-61-104 is not subject to any civil or criminal actions for engaging in the activities described in subsection (1) of this section if the person is acting in compliance with this article.
C.R.S. § 35-46-101 — CO Code / Title 35 / Article 46 / Section 35-46-101
35-46-101. Definitions
Status: in_force

35-46-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Lawful fence" is a well-constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency. Railroad right-of-way fences constructed in compliance with the statute in force on the date of construction and maintained in good condition shall be considered legal fences.

(2) "Livestock" includes horses, cattle, mules, asses, goats, sheep, swine, buffalo, and cattalo, but does not include "alternative livestock" as defined in section 35-41.5-102 (1).
C.R.S. § 35-53-107 — CO Code / Title 35 / Article 53 / Section 35-53-107
35-53-107. Disposition of stock taken by officer
Status: in_force

35-53-107. Disposition of stock taken by officer. In making any inspection of any animals prior to shipment by rail, truck, or other conveyance or removal from the state, if any inspector finds any animals bearing marks and brands other than those of the owner of the other cattle in said shipment and if said owner or shipper fails to exhibit a bill of sale or other authority for the possession of said animals in said shipment, the inspector shall forthwith declare them to be estrays and shall take possession of the same for the state board of stock inspection commissioners and dispose of the same according to the rules and regulations prescribed by said board.
C.R.S. § 35-27-121 — CO Code / Title 35 / Article 27 / Section 35-27-121
35-27-121. Advisory committee - repeal
Status: repealed

35-27-121. Advisory committee - repeal. (Repealed)
C.R.S. § 35-9-123 — CO Code / Title 35 / Article 9 / Section 35-9-123
35-9-123. Embargo
Status: in_force

35-9-123. Embargo. (1) This section shall apply whenever the commissioner finds or has reasonable cause to believe that any pesticide or device:

(a) Is adulterated or misbranded;

(b) Has not been registered under the provisions of this article;

(c) Fails to bear on its label the information required by this article; or

(d) Is in violation of any provision of this article or any rule made pursuant to this article.

(2) If any of the conditions specified in subsection (1) of this section apply, the commissioner may affix to such pesticide or device a tag or other appropriate marking giving notice thereof and stating that the pesticide or device has been detained or embargoed and warning all persons not to remove or dispose of such pesticide or device by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.

(3) Any person who removes or disposes of such detained or embargoed pesticide or device by sale or otherwise, without prior permission, or removes or alters the tag or marking commits a class 2 misdemeanor. In addition, such person may be subjected to appropriate administrative proceedings.

(4) When a pesticide or device detained or embargoed under subsection (2) of this section has been found by the commissioner to be in violation of any provision of this article or any rule promulgated pursuant to this article and if the violation has not been resolved in thirty days, the commissioner may petition a court of competent jurisdiction for a condemnation of such pesticide or device. When the commissioner has found that a pesticide or device so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.

(5) If the court finds that a detained or embargoed pesticide or device is in violation of this article or rules adopted thereunder, such pesticide or device shall after entry of the decree be destroyed at the expense of the owner, claimant, or custodian thereof, under the supervision of the commissioner, and all court costs and attorney fees and storage and other proper expenses shall be assessed against the owner, claimant, or custodian of such pesticide or device or his agent. However, if the adulteration or misbranding can be corrected by proper labeling or processing of the pesticide or device, the court, after entry of the decree and after such costs, attorney fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of such pesticide or device, may by order direct that such pesticide or device be delivered to the owner, claimant, or custodian thereof for such labeling or processing under the supervision of the commissioner. The expense of such supervision shall be paid by the owner, claimant, or custodian. The pesticide or device shall be returned to the owner, claimant, or custodian of the pesticide or device on the representation to the court by the commissioner that the pesticide or device is no longer in violation of this article and that the expenses of such supervision have been paid.
C.R.S. § 35-1-117 — CO Code / Title 35 / Article 1 / Section 35-1-117
35-1-117. Community food access program - creation - purpose - duties and responsibilities
Status: repealed

35-1-117. Community food access program - creation - purpose - duties and responsibilities - grant program - advisory committee - funding - reporting - rules - definitions - repeal. (1) There is created in the department a community food access program. The purpose of the program is to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers.

(2) (a) As part of the program, the department shall create a community food consortium for small food retailers and Colorado-owned and Colorado-operated farms that has the following duties and responsibilities:

(I) Providing technical assistance in purchasing and negotiations;

(II) Providing subsidies for pallet, pallet break, distribution, and delivery fees;

(III) Assisting with connecting small food producers to small food retailers, which ultimately supports the farm, retailer, and consumer;

(IV) Operating as a food value chain coordinator to connect small food retailers to Colorado-owned and Colorado-operated farms and small- and large-scale distributors; and

(V) Providing technical support to small food retailers who choose to participate in the consortium with negotiating pallet, pallet break, pricing, distribution, and delivery fees for better prices on wholesale products.

(b) (I) For the 2022-23 state fiscal year, the general assembly shall appropriate one million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.

(II) The department is authorized to use up to seven percent of the total money appropriated to the program for the direct and indirect costs of administering the program.

(III) The use of money appropriated pursuant to this subsection (2)(b) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(IV) The state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(V) Repealed.

(3) (a) As part of the program, the department shall create and manage the small food business recovery and resilience grant program. The department shall award grants, not to exceed fifty thousand dollars, out of the grant program, to participating small food retailers and small family farms. The department may award the owner of a small food retailer or small family farm one such grant each calendar year for every small food retailer or small family farm owned by the owner. The department shall award these grants for:

(I) Assisting with the necessary costs of operating;

(II) Purchasing costly equipment, including but not limited to cold storage, display shelving, and calibrated and certified produce scales;

(III) Providing accounting and book management support; and

(IV) Purchasing or updating point of sales systems or equipment to allow participating small food retailers to accept payment from any food incentive program.

(b) (I) The department shall create an advisory committee consisting of no more than seven members to assist with the grant program. The advisory committee may include but need not be limited to members that reflect community and nonprofit organizations that have experience relevant to subsection (4)(a) of this section, small food retailers, and small family farms that are not applying for grant funding, an individual who has participated in a supplemental food assistance benefit program, and department staff with experience in grant-making. The commissioner shall select the members of the advisory committee.

(II) The advisory committee's role is to make recommendations on and assist with:

(A) The development of the grant application;

(B) A disbursement timeline for the grants;

(C) A rubric to evaluate grant applications;

(D) The evaluation of grant applications; and

(E) Awarding grant money to eligible recipients.

(III) The department and advisory committee shall award at least thirty percent of the grants to applicants located in rural areas.

(c) (I) For the 2022-23 state fiscal year, the general assembly shall appropriate seven million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.

(II) The department is authorized to use up to ten percent of the total money appropriated to the program for the direct and indirect costs of administering the program.

(III) Money spent pursuant to this subsection (3)(c) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(IV) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(V) This subsection (3) is repealed, effective September 1, 2027.

(4) The department shall develop a strategy for outreach to Colorado-owned and Colorado-operated farms and food retailers and small farms that are interested in participating in the consortium or applying for a grant through the grant program. The outreach strategy must include:

(a) Funding for partnerships with nonprofit organizations to ensure applicants for the consortium and grant program reflect the identity and needs of their individual communities. The outreach strategy must include funding for partnerships with nonprofit organizations that have:

(I) Experience working with small food retailers and small family farms that currently accept payment from any incentive program;

(II) Experience running and supporting small food retailers and small family farms or any other food incentive program;

(III) Experience with grant-making;

(IV) Community relationships that will ensure that outreach to small food retailers and small farms reflects the identity and needs of individual communities; or

(V) A demonstrated track record of working in food access and food justice; and

(b) Working with local governments, counties, towns, and other municipalities.

(5) On or before January 30, 2027, the department shall submit a report to the agriculture, livestock, and water committee of the house of representatives and the agriculture and natural resources committee of the senate, or any successor committees, on the grant program and consortium, including information on grantees, use of grant funds, SNAP sales, and produce and stocking data.

(6) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate one million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department of human services. The department of human services shall use the appropriation for electronic benefits transfer back-end programmatic updates. The appropriation must also be used for new functionality with the contracted financial technology vendor and eligibility system that makes it possible to deposit time-limited incentive funds based on qualifying purchases back into an account by an authorized electronic benefits transfer retailer with the appropriate middleware.

(b) The department of human services is authorized to use up to ten percent of the total money appropriated to the program for the direct and indirect costs of administering the program.

(c) The use of money appropriated pursuant to this subsection (6) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department of human services shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(d) The department of human services shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(e) This subsection (6) is repealed, effective September 1, 2027.

(7) The department shall promulgate rules as necessary for the implementation of this section.

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

(a) "Consortium" means the community food consortium created in subsection (2) of this section.

(b) "Grant program" means the small food business recovery and resilience grant program created in subsection (3) of this section.

(c) "Program" means the community food access program created in subsection (1) of this section.

(d) "Small family farm" means a farm that is Colorado-owned and Colorado-operated and has an annual gross revenue below three hundred fifty thousand dollars.

(e) "Small food retailer" means:

(I) An independent or nonprofit-managed, Colorado-owned, and Colorado-operated small food retail business, defined as a food retailer with less than ten thousand square feet of retail space that carries at least three categories of federally defined staple foods, as described in the federal "Food and Nutrition Act of 2008", secs. 3 and 9; the federal "Consolidated Appropriations Act of 2017", sec. 76; and the federal "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program", 81 Fed. Reg. 90675; and be located in or provide food to local, state, or federally defined low-income, low-access neighborhoods; or

(II) A farmer's market or farm-direct operation that is already or demonstrates an intent to become SNAP and WIC-authorized where allowed.

(f) "SNAP" means the supplemental nutrition assistance program established in part 3 of article 2 of title 26.

(g) "WIC" means the special supplemental nutrition program for women, infants, and children, created pursuant to 42 U.S.C. sec. 1786.

(9) This section is repealed, effective September 1, 2031.
C.R.S. § 35-1-105 — CO Code / Title 35 / Article 1 / Section 35-1-105
35-1-105. State agricultural commission - creation - composition - public engagement - rep
Status: in_force

35-1-105. State agricultural commission - creation - composition - public engagement - reports. (1) There is created the state agricultural commission, referred to in this article 1 as the "commission", which consists of nine members appointed by the governor, with the consent of the senate, for terms of four years. Of such members, one member must be appointed from each of the four agricultural districts, as defined in subsection (3) of this section, and five members must be appointed from the state at large; except that no more than three members may be appointed from any one agricultural district. No more than five of the nine members may be affiliated with the same political party. The commission is a type 1 entity, as defined in section 24-1-105.

(2) The members of the commission shall be appointed from persons who are currently or were previously actively engaged in the business of agriculture and allied activities, but a majority of the commission shall be appointed from persons actively engaged in the business of agriculture in such a manner that representation of no agricultural commodity organization constitutes a majority of the commission. A vacancy on the commission shall be filled by the governor by the appointment of a qualified person.

(3) For the purposes of representation on the state agricultural commission, this state is divided into four agricultural districts as follows:

(a) The city and county of Denver and the counties of Adams, Arapahoe, Douglas, and Jefferson constitute the first district.

(b) The counties of Boulder, Cheyenne, Clear Creek, Elbert, Gilpin, Kit Carson, Larimer, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, and Yuma constitute the second district.

(c) The counties of Alamosa, Baca, Bent, Conejos, Costilla, Crowley, Custer, El Paso, Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, Saguache, and Teller constitute the third district.

(d) The counties of Archuleta, Chaffee, Delta, Dolores, Eagle, Garfield, Grand, Gunnison, Hinsdale, Jackson, Lake, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Park, Pitkin, Rio Blanco, Routt, San Juan, San Miguel, and Summit constitute the fourth district.

(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2025.] (a) Each year that a member serves on the commission, the member shall participate in at least two public meetings in the member's district; except that each of the five members appointed from the state at large shall participate in at least one meeting per year west of the continental divide and at least one meeting per year east of the continental divide, unless the meeting is virtual.

(b) Members are entitled to be reimbursed for reasonable costs incurred in participating in public meetings pursuant to subsection (3.5)(a) of this section.

(c) The commissioner shall:

(I) Track and report to the chair of the commission the status of each voting member's public meetings at least once per year at a time determined by the chair; and

(II) Include the data tracked under subsection (3.5)(c)(I) of this section in the department's annual "SMART Act" presentation to the general assembly pursuant to section 2-7-203.

(d) The governor may determine that a commission member's failure to participate in public meetings pursuant to this subsection (3.5) qualifies as cause for removal from the commission.

(4) The commission shall elect from its members a chair, vice-chair, and such other commission officers as it shall determine. The commissioner of agriculture, in the discretion of the commission, may serve as secretary of the commission but shall not be eligible to appointment as a member. All commission officers hold their offices at the pleasure of the commission. Regular meetings of the commission shall be held not less than once every three months at such times as may be fixed by resolution of the commission. Special meetings may be called by the chair, by the commissioner, or by a majority of members of the commission at any time on at least three days' prior notice by mail or, in cases of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business. A majority shall constitute a quorum of the commission. Members serve without compensation but are entitled to be reimbursed for their actual and necessary traveling and subsistence expenses when absent from their places of residence in attendance at meetings.
C.R.S. § 35-23-116 — CO Code / Title 35 / Article 23 / Section 35-23-116
35-23-116. Penalty
Status: in_force

35-23-116. Penalty. Any person, firm, corporation, or other organization that violates any of the provisions of this article 23 or willfully interferes with the commissioner or the commissioner's deputies, inspectors, or employees in the performance or on account of the execution of the commissioner's duties as provided by this article 23 commits a petty offense. In addition to the criminal penalty, any person convicted under this article 23 shall be punished by the revoking of the person's license by the commissioner.
C.R.S. § 35-53-119 — CO Code / Title 35 / Article 53 / Section 35-53-119
35-53-119. Livestock, carcasses, or proceeds of sale
Status: in_force

35-53-119. Livestock, carcasses, or proceeds of sale. (1) If within a period of ten days the ownership of said livestock or said carcasses is shown and established, said livestock or carcasses or proceeds of sale shall be delivered to the owner. If, however, within such period the ownership of said livestock or carcasses is not shown or established, then the same shall be sold or disposed of under the direction of the said board. Any moneys derived from the sale of said livestock or carcasses shall be placed in the estray fund in charge of the board of stock inspection commissioners as provided by law and shall be subject to the same provisions applicable to said estray fund.

(2) In all such cases the facts concerning the detention and sale of such livestock or carcasses shall be reported to the district attorney of the judicial district wherein such livestock or carcasses were detained and sold.
C.R.S. § 35-26-105 — CO Code / Title 35 / Article 26 / Section 35-26-105
35-26-105. Prohibited acts - removal from sale - advisory alerts
Status: in_force

35-26-105. Prohibited acts - removal from sale - advisory alerts. (1) A person shall not sell, offer for sale, or distribute:

(a) Nursery stock in a dead or dying condition;

(b) Nursery stock infested or infected with insect pests or plant diseases;

(c) Noxious weeds or nursery stock that is infested with noxious weeds; or

(d) Nursery stock in violation of any other provision of this article 26 or any rules promulgated pursuant to this article 26.

(2) The commissioner or his authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this article or any rules or regulations promulgated pursuant to this article. Any person receiving a stop-sale order shall remove such stock from sale immediately.

(3) Failure to comply with any stop-sale order may result in penalties as set forth in section 35-26-109.

(4) If the commissioner makes a finding, after notice and opportunity for a hearing, that substandard plant material is being sold by a nursery outside of Colorado to any nursery in this state, the commissioner may ban any products from said nursery from sale or distribution in Colorado and any further shipments of nursery stock from said nursery may be seized and destroyed. Upon such banning, the commissioner shall issue an alert to all persons registered under this article setting forth the commissioner's finding and advising registrants that the purchase of plant material from such offending nursery constitutes a violation of this article.
C.R.S. § 35-3.5-102 — CO Code / Title 35 / Article 3.5 / Section 35-3.5-102
35-3.5-102. Agricultural operation deemed not nuisance - state agricultural commission - att
Status: in_force

35-3.5-102. Agricultural operation deemed not nuisance - state agricultural commission - attorney fees - exceptions. (1) (a) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.

(b) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions:

(I) Change in ownership;

(II) Nonpermanent cessation or interruption of farming;

(III) Participation in any government sponsored agricultural program;

(IV) Employment of new technology; or

(V) Change in the type of agricultural product produced.

(2) (a) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if such agricultural operation:

(I) Was established prior to the commencement of the use of the area surrounding such agricultural operation for nonagricultural activities;

(II) Employs methods or practices that are commonly or reasonably associated with agricultural production; and

(III) Is not operating negligently.

(b) Employment of methods or practices that are commonly or reasonably associated with agricultural production shall create a rebuttable presumption that an agricultural operation is not operating negligently.

(3) The court may, pursuant to sections 13-16-122 and 13-17-102, C.R.S., award expert fees, reasonable court costs, and reasonable attorney fees to the prevailing party in any action brought to assert that an agricultural operation is a private or public nuisance. Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening in any way the provisions of sections 25-7-138 (5), C.R.S., and 25-8-501.1 (8), C.R.S.

(4) As used in this article, "agricultural operation" has the same meaning as "agriculture", as defined in section 35-1-102 (1).

(5) Any ordinance or resolution of any unit of local government that makes the operation of any agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the circumstances set forth in this section is void; except that the provisions of this subsection (5) shall not apply when an agricultural operation is located within the corporate limits of any city or town on July 1, 1981, or is located on a property that the landowner voluntarily annexes to a municipality on or after July 1, 1981.

(6) This section shall not invalidate any contracts made prior to September 1, 2000, but shall be applicable only to contracts and agreements made on or after September 1, 2000.

(7) A local government may adopt an ordinance or pass a resolution that provides additional protection for agricultural operations; except that no such ordinance or resolution shall prevent an owner from selling his or her land or prevent or hinder the owner in seeking approval to put the land into alternative use.
C.R.S. § 35-50-121 — CO Code / Title 35 / Article 50 / Section 35-50-121
35-50-121. Rights of secured parties
Status: in_force

35-50-121. Rights of secured parties. Each secured party, whose security interest in the subject livestock appears in the list of effective filings as maintained by the central filing officer pursuant to the "Central Filing of Effective Financing Statement Act", article 9.5 of title 4, C.R.S., prior to the commissioner's payment to the owner of any excess sales proceeds pursuant to section 35-50-109 (7); prior to the issuance to the owner of the state's certificate of indebtedness pursuant to section 35-50-114 (1); or prior to the commissioner's authorization of payment of indemnity pursuant to section 35-50-114 (2) shall have a right to the proceeds of any such payment or indemnity or to such certificate of indebtedness, which is prior to that of the owner, and the commissioner or the governor, as the case may be, shall cause the foregoing to be paid or issued jointly to each such secured party and to the owner.
C.R.S. § 35-41.5-117 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-117
35-41.5-117. Disposition of alternative livestock taken by officer
Status: in_force

35-41.5-117. Disposition of alternative livestock taken by officer. (1) (a) An inspector shall declare an alternative livestock is an estray, as defined in section 35-44-101, if during an inspection of the alternative livestock prior to shipment or removal from the state the inspector finds an alternative livestock bearing marks, identification tags, or brands different from those of the owner of the other alternative livestock in the shipment and the owner or shipper fails to exhibit a bill of sale or other authority for the possession of the alternative livestock.

(b) Upon declaring an alternative livestock an estray, a brand inspector shall take possession of the alternative livestock on behalf of the board and shall dispose of such alternative livestock in accordance with article 44 of this title and any rules promulgated thereto.

(2) Any person satisfying the board that such person is the owner of an estray alternative livestock that has been disposed of pursuant to paragraph (b) of subsection (1) of this section shall be forthwith paid the amount for which the alternative livestock was sold less any reasonable and necessary expenses.

(3) (a) All moneys in the estray fund created in section 35-41-102 derived from the disposal of estray alternative livestock by the board pursuant to paragraph (b) of subsection (1) of this section, that have been in the estray fund for six years or longer and for which no valid claim has been made, shall be credited to the brand inspection fund created in section 35-41-102.

(b) Any claim for moneys in the estray fund made by the owner of an alternative livestock sold as an estray pursuant to paragraph (b) of subsection (1) of this section shall be made within three years from the date of the sale of such estray alternative livestock or such claim shall be forever barred.

(4) A brand inspector shall refuse to issue a certificate authorizing the transport of alternative livestock or the carcasses thereof and shall seize the same if:

(a) The person in control of the alternative livestock or the carcasses thereof is not in possession of a duly executed bill of sale;

(b) The person in control of the alternative livestock or the carcasses thereof cannot furnish other satisfactory proof that such person is the lawful owner of the alternative livestock or the carcasses thereof; or

(c) The inspector has good reason to believe that the alternative livestock or the carcasses thereof are stolen.

(5) (a) A brand inspector or peace officer, as described in section 16-2.5-101, C.R.S., is authorized to stop and inspect any vehicle transporting or containing alternative livestock or the carcasses thereof.

(b) A brand inspector or peace officer may demand to see a bill of sale, permit, or certificate for the alternative livestock or the carcasses thereof from the person operating the vehicle.

(c) If the operator of the vehicle is unable to produce a bill of sale, permit, or certificate, the inspector or peace officer is authorized to:

(I) Arrest, with or without warrant, the vehicle operator;

(II) Seize the vehicle and the alternative livestock or carcasses thereof; and

(III) Retain possession of the vehicle and the alternative livestock or the carcasses thereof until:

(A) The vehicle operator can produce evidence satisfactory to the board that the vehicle operator or the person for whom the alternative livestock is being transported is the lawful owner thereof; or

(B) The alternative livestock, or the carcasses thereof, are disposed of pursuant to paragraph (b) of subsection (1) or subsection (6) of this section.

(d) After a vehicle seized pursuant to paragraph (c) of this subsection (5) has been unloaded by the brand inspector or peace officer at the site where the seized livestock or carcasses are being held, such vehicle shall be made available for return to the owner of such vehicle.

(6) If a brand inspector or peace officer deems it necessary to sell carcasses taken pursuant to subsection (5) of this section to prevent loss by spoiling, the brand inspector or peace officer is authorized to do so. The proceeds from the sale of the carcasses shall be credited to the estray fund created in section 35-41-102.

(7) (a) If within ten days after alternative livestock or the carcasses thereof have been seized:

(I) The ownership of such alternative livestock or carcasses is shown and established, the alternative livestock, the carcasses thereof, or the proceeds from the sale of the alternative livestock or the carcasses thereof shall be delivered to the owner; or

(II) The ownership of such alternative livestock or the carcasses thereof is not shown and established, the alternative livestock or the carcasses thereof shall be disposed of pursuant to paragraph (b) of subsection (1) of this section.

(b) Any moneys derived from the sale of alternative livestock or the carcasses thereof shall be credited to the estray fund created in section 35-41-102.

(c) The facts concerning the detention and sale of any alternative livestock or the carcasses thereof shall be reported to the district attorney of the judicial district in which such alternative livestock or carcasses were detained and sold.

(8) Unless alternative livestock required to be inspected pursuant to this article are released by a brand inspector, such alternative livestock shall be inspected by a duly authorized brand inspector on arrival at any market, regardless of whether the alternative livestock has been previously inspected at the point of origin, before such alternative livestock are weighed.
C.R.S. § 35-70-103 — CO Code / Title 35 / Article 70 / Section 35-70-103
35-70-103. State conservation board - composition - powers
Status: repealed

35-70-103. State conservation board - composition - powers. (1) (a) There is created in the department of agriculture the state conservation board, referred to in this article 70 as the "state board", which consists of nine members. The state board is a type 1 entity, as defined in section 24-1-105. One member of the state board must be a qualified elector of the state appointed by the governor from the state at large. The remaining eight positions on the state board shall be filled by elections held within the areas described in this section. The boards of supervisors of local conservation districts within each such area shall elect the number of members specified in this subsection (1). An election must be held between November 1 and December 31 of the year preceding the commencement of a new term for each position. A candidate must be or have been an elected supervisor of a local conservation district. The number of members to be elected and the areas from which they are to be elected are as follows:

(I) The White-Yampa and North Platte river watersheds, one member;

(II) The San Juan basin, one member;

(III) The Arkansas river watershed, two members, one from the upper Arkansas river watershed and one member from the lower Arkansas river watershed;

(IV) The Rio Grande watershed, one member;

(V) The Republican and South Platte river watersheds, two members, one from the upper South Platte river watershed and one member from the Republican river and lower South Platte river watersheds;

(VI) The Colorado, Gunnison, and Dolores river watersheds, one member.

(b) The state board created in paragraph (a) of this subsection (1) shall, on and after July 1, 2000, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the former state board in the department of natural resources. On July 1, 2000, all employees of the former state board whose principal duties are concerned with the duties and functions transferred to the state board created in paragraph (a) of this subsection (1) and whose employment in the former state board is deemed necessary by the commissioner of agriculture to carry out the purposes of this article shall be transferred to the state board created in paragraph (a) of this subsection (1) and shall become employees thereof. Such employees shall retain all rights to the state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.

(c) On July 1, 2000, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the former state board in the department of natural resources pertaining to the duties and functions transferred to the state board in the department of agriculture shall become the property of the state board created in paragraph (a) of this subsection (1).

(d) All contracts entered into by the former state board prior to July 1, 2000, in connection with the duties and functions transferred to the state board, created in paragraph (a) of this subsection (1), are hereby validated. Any appropriations of moneys for the fiscal year beginning July 1, 2000, and from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the state board created in paragraph (a) of this subsection (1) for the payment of such obligations.

(e) All rules, regulations, rates, orders, agreements, and awards of the state board lawfully adopted prior to July 1, 2000, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.

(2) All elected and appointed members shall hold office for terms of four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. The term of an elected member commences on January 1 following the member's election.

(3) (a) Any vacancies occurring in the elective positions on the state board shall be filled by the board by the appointment of a person who would be qualified to stand for election for the board and who is from the same area in which the vacancy occurred, and such appointee shall hold office until the expiration of the term of the office to which he was appointed.

(b) The director of extension work, the director of the state experiment station, the commissioner of agriculture, and the executive director of the department of natural resources shall serve in an advisory capacity to the state board at its request.

(4) Members of the state board shall serve without pay except for their actual traveling and living expenses while on official business of the state board.

(5) The state board has the following powers and duties:

(a) To promote and assist in the organization of conservation districts in any section of the state where erosion damage exists or is threatened;

(b) To accept petitions for the organization of conservation districts and to examine such petitions, determine their sufficiency, and find whether, in its judgment, the organization of such districts is required for the preservation of the health, prosperity, and welfare of the state of Colorado and its people. If, in the opinion of the state board, it is for the best interests of the state that such districts be organized, it shall proceed to hold a hearing and call an election of the landowners within such proposed district, as provided in section 35-70-105.

(c) To prepare and present to the qualified voters uniform bylaws for the conduct of the business of such districts; but, before such bylaws become effective as to any district, they shall first be approved by the qualified voters within each district. Any bylaws so presented and approved shall be consistent with all the provisions of this article.

(d) To act in an advisory capacity with the board of supervisors of each district and to coordinate the programs of all conservation districts;

(e) To act as the state board of appeals;

(f) To prepare a uniform and adequate system of accounting for districts, which may be adopted and used by all districts within the state;

(g) To administer and disburse any funds that may be made available to the state board for the purpose of assisting conservation districts in the conservation of soil and water resources of the state of Colorado and to defray expenses of the state board and its duly appointed or employed agents in carrying out the provisions of this article;

(h) To loan money to conservation districts to assist such districts in furthering the purposes of this article, such loans to be in such amounts and for such terms as the state board may prescribe by rule in order to fully protect the funds and interest of the state board.

(6) In addition to the powers and duties granted to the state board in other sections of this article, the board has the following powers and duties:

(a) To undertake studies of watershed planning and to undertake development of watershed flood prevention and underground water storage projects, both on its own initiative and in response to requests submitted to the board by one or more soil or water conservation districts, flood prevention or control districts, boards of county commissioners, municipalities, drainage or irrigation districts, or other legally constituted bodies having authority under state law to carry out, maintain, and operate the works of improvement;

(b) To hold public hearings at any point within or without each proposed watershed for the purpose of determining the extent of public interest, the degree of anticipated cooperation, and any other data and information needed by the state board in making decisions as to each project;

(c) To plan, in cooperation with the United States government or any of its agencies, the state of Colorado or any of its political subdivisions, and private individuals or corporations, conservation districts, and others, watershed improvement, underground water storage and flood prevention projects, conservation and erosion control practices, and other projects not inconsistent with this article;

(d) Within the limits of available funds, to administer, direct, and operate such watershed improvement, underground water storage and flood prevention projects, conservation and erosion control projects, and other similar activities;

(e) To administer and expend funds made available to the state board by the United States government or any of its agencies or by the state of Colorado or any of its political subdivisions or funds derived from any other source for the purpose of planning, developing, and putting into operation practices and projects undertaken in accordance with this subsection (6);

(f) To obtain options upon and to acquire, or acquire control of, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties, and to expend such income in carrying out the purposes and provisions of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this article;

(g) To erect suitable structures and maintain any facilities, so as to arrest or prevent the erosion of soils or lands, to improve the watershed and prevent floods, and to increase underground water reserves, with due consideration to established water rights;

(h) To accept grants, services, and materials and to borrow money from the United States or from any corporation or agency created or designed by the United States to lend or grant money, or from the state of Colorado or any of its subdivisions, or from any other source; but in no event shall the state board pledge the faith or credit of the state of Colorado or any county or other political subdivision. In connection with such grants or loans, it may enter into such agreements or contracts as may be required for such purposes.

(i) To report annually at such times and on such matters as the commissioner of agriculture may require. Publications circulated in quantity outside the executive branch are subject to the approval and control of the commissioner of agriculture.

(j) To place any funds it receives pursuant to paragraph (e) of this subsection (6) into a trust and to administer and expend any moneys in such trust.
C.R.S. § 35-10-117.5 — CO Code / Title 35 / Article 10 / Section 35-10-117.5
35-10-117.5. Unlawful acts for licensed private applicators
Status: in_force

35-10-117.5. Unlawful acts for licensed private applicators. (1) It is unlawful and a violation of this article for a licensed private applicator:

(a) To make false or misleading representations or statements of fact in any license, application, record, or report required by this article or any rules adopted pursuant thereto;

(b) To fail to maintain or submit any records or reports required by this article or any rules adopted pursuant thereto; or

(c) To permit the use of a private applicator license by any person other than the person to whom the license was issued.
C.R.S. § 35-4-121 — CO Code / Title 35 / Article 4 / Section 35-4-121
35-4-121. Emergency control and eradication of invasive pests
Status: in_force

35-4-121. Emergency control and eradication of invasive pests. (1) If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest.

(2) A board of county commissioners may declare a pest to be a public nuisance and require its control or eradication.
C.R.S. § 35-49-103 — CO Code / Title 35 / Article 49 / Section 35-49-103
35-49-103. Definitions
Status: in_force

35-49-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Livestock water tanks" includes all reservoirs created by dams constructed after April 17, 1941, on watercourses, the channels of which are normally dry as determined by the state engineer, having a capacity not exceeding ten acre feet and a vertical height not exceeding fifteen feet from the bottom of the channel to the bottom of the spillway to be used for stock watering purposes.
C.R.S. § 35-53-110 — CO Code / Title 35 / Article 53 / Section 35-53-110
35-53-110. Proceeds claimed within three years
Status: in_force

35-53-110. Proceeds claimed within three years. All moneys in the estray fund, derived from the sale of estray animals by the state board of stock inspection commissioners or any inspector acting under the authority of said board, which has been in the possession of said board of stock inspection commissioners for six years or longer from the date of sale of such estray animals and for which no valid claim has been made shall be turned into the brand inspection fund of said board, and all claims for moneys from the estray fund made by the owners of cattle sold as estrays by said board shall be made within three years from the date of sale of the same or the same shall be forever barred and no moneys shall be paid upon claims made after three years from date of such sale. The funds so transferred from the estray fund may be used by the said board, under proper vouchers, for the prosecution of persons charged with theft of livestock and for general expenses of the board.
C.R.S. § 35-38-101 — CO Code / Title 35 / Article 38 / Section 35-38-101
35-38-101. Short title
Status: in_force

35-38-101. Short title. This article shall be known and may be cited as the "Colorado Farm Equipment Fair Dealership Act".
C.R.S. § 35-24.5-110 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-110
35-24.5-110. Civil penalties - disciplinary actions
Status: in_force

35-24.5-110. Civil penalties - disciplinary actions. (1) (a) Any person that violates any of the provisions of this article or any rule or regulation promulgated by the commission pursuant to this article may be punished upon a finding of such violation by the commissioner as follows:

(I) In any first administrative proceeding, a fine of not less than one hundred dollars nor more than one thousand dollars;

(II) In any subsequent administrative proceeding against the same person, a fine of not less than one thousand dollars nor more than five thousand dollars.

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

(2) In addition to the penalties provided in subsection (1) of this section, the commissioner may withhold, deny, suspend, or revoke the aquaculture facility permit of any aquaculturist if the commissioner finds that such person has committed any of the following:

(a) Fraud or material deception in the obtaining or renewal of a permit;

(b) Failure to comply with any provision of this article or rules promulgated by the commissioner or any lawful order of the commissioner pursuant thereto;

(c) Failure to comply with any provision of section 33-6-114.5 (1) to (6), C.R.S., or with any rule or regulation of the division, or with any statutory provision relating to fish health, the spread of aquatic diseases, or the importation into the state, distribution, or management of any exotic aquatic species;

(d) Contracting with or assisting unlicensed persons to perform services or operate in a manner for which a license is required under this article.

(3) Any revocation or suspension of a permit by the commissioner shall be subject to review by the board pursuant to section 35-24.5-105 (3); except that the commissioner may issue an order to cease and desist from doing any act which is determined to present an immediate danger to other aquatic stock pending such review by the board. For the purpose of enforcing any such cease-and-desist order, the commissioner has, in addition to any other powers conferred by statute, the power to exercise such physical control over property and persons as may be necessary to protect the health of such aquatic stock or of the public.

(4) Whenever the commissioner possesses sufficient evidence satisfactory to the commissioner indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
C.R.S. § 35-14-107 — CO Code / Title 35 / Article 14 / Section 35-14-107
35-14-107. Powers and duties of commissioner - rules
Status: in_force

35-14-107. Powers and duties of commissioner - rules. (1) The commissioner shall:

(a) Maintain traceability of this state's standards to the standards of the national institute of standards and technology;

(b) Implement and carry out the provisions of this article;

(c) Establish requirements for labeling, requirements for the presentation of cost-per-unit information, standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity;

(d) Grant any exemptions from this article or any rules promulgated pursuant to this article if in the commissioner's opinion such exemption would serve the public interest;

(e) Conduct investigations to ensure compliance with this article;

(f) Delegate to appropriate personnel any responsibilities for the proper administration of this article;

(g) Test annually the standards of weights and measures used by any city or county within the state and approve the same when found to be correct; except that tuning forks used to determine the accuracy of radar guns shall not be subject to annual testing;

(h) Inspect and test weights and measures kept, offered, or exposed for sale, including prepackaged commodities;

(i) Inspect and test, to ascertain if they are correct, all commercial weighing and measuring devices for which the owner is required to be licensed under this article;

(j) Test all weights and measures used in checking the receipt or disbursement of supplies in every state institution if funds are appropriated for such maintenance;

(k) Approve for use, and may mark, such weights and measures as he or she finds to be correct and may reject and mark as rejected such weights and measures as he or she finds to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in an unauthorized manner. The commissioner may condemn and seize weights and measures found to be incorrect and that are not capable of being made correct.

(l) Weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process of delivery to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this article and the rules promulgated pursuant to this article. Accuracy of weight, measure, or count shall be determined by procedures set forth in the national institute of standards and technology handbook 133 as adopted by the national conference on weights and measures 1980, and any supplements or revisions thereto unless otherwise specified by the commissioner by rule. When the nature of the packaged commodity requires assistance in testing, the commissioner may request the person in possession of the package to furnish equipment and assistance to complete the test.

(m) Prescribe the appropriate term or unit or weight or measure to be used whenever he determines, in the case of a specific commodity, that an existing practice of declaring the quantity by weight, measure, numerical count, or combination thereof does not facilitate value comparison or is represented in any manner that tends to mislead or deceive any person;

(n) Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice, only after the commodity has entered intrastate commerce;

(o) Promulgate such rules as are necessary for the implementation and administration of this article in accordance with article 4 of title 24, C.R.S., including rules regarding the use of weights and measures, methods of sale, unit pricing, declaration of quantity, retail sales price representations for commodities and services, including requirements for cents-off and introductory offer promotions, and labeling requirements;

(p) Negotiate and enter into contracts with local governments for the implementation and enforcement of this article.

(2) The commissioner may, upon request, inspect and test any weight, measure, or standard used by a governmental entity.
C.R.S. § 35-43-114 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-114
35-43-114. Fees - disposition - report
Status: in_force

35-43-114. Fees - disposition - report. All fees and money collected by the state board of stock inspection commissioners shall be deposited in the brand inspection fund unless otherwise provided by law. The board shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S., a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the board.
C.R.S. § 35-29.5-106 — CO Code / Title 35 / Article 29.5 / Section 35-29.5-106
35-29.5-106. Use of phrase "Colorado Grown" on wine industry labeling
Status: repealed

35-29.5-106. Use of phrase "Colorado Grown" on wine industry labeling. (Repealed)
C.R.S. § 35-27.3-101 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-101
35-27.3-101. Short title
Status: in_force

35-27.3-101. Short title. This article shall be known and may be cited as the "Colorado Seed Potato Act".
C.R.S. § 35-24.5-105 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-105
35-24.5-105. Duties of the board
Status: in_force

35-24.5-105. Duties of the board. (1) The board shall consider, initiate, and recommend rules, not inconsistent with law, to the commissioner concerning the regulation of the aquaculture industry and its markets, except for rules that regulate, control, or otherwise relate to fish health, to the spread of aquatic disease, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which subjects are within the jurisdiction of the parks and wildlife commission.

(2) The board shall develop appropriate programs to assist in the protection, growth, and promotion of the aquaculture industry of the state and shall recommend policies and procedures to the commissioner and the commission for the accomplishment of such a plan.

(3) The board shall review any suspensions or revocations of aquaculture facility permits and any orders for the destruction of aquatic organisms or for quarantine of aquaculture facilities which last beyond thirty days, and all such suspensions, revocations, and orders shall be conditioned upon the board's approval; except that destruction orders may be approved by the commissioner upon a determination that a situation exists which threatens imminent danger to existing aquatic populations or to human health and safety and that no more reasonable means exist to control the situation. Destruction of aquatic organisms or quarantines shall be done in accordance with applicable regulations of the department.

(4) The board shall review aquaculture facility permitting procedures and shall make recommendations to the department concerning such procedures and any related fees and charges.
C.R.S. § 35-44-103 — CO Code / Title 35 / Article 44 / Section 35-44-103
35-44-103. When estray returned to owner
Status: in_force

35-44-103. When estray returned to owner. Upon receiving notice that any person has taken into his custody any estray animal, it is the duty of the state board of stock inspection commissioners to make or cause to be made an examination of the state brand records, and if from this record the name of the owner or probable owner can be determined, it shall forthwith notify him of the taking into custody of such estray. Upon the owner proving to the satisfaction of the state board of stock inspection commissioners that the estray animal is rightfully his, the state board shall issue to him an order to receive the same upon payment of any reasonable charges which may have been incurred in the care of said animal.