C.R.S. § 35-21-107 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-107
35-21-107. Penalty
Status: in_force

35-21-107. Penalty. (1) Any person who violates any of the provisions of this part 1 is guilty of a misdemeanor. It is the duty of the commissioner to notify the district attorney of the judicial district in which a violation occurs, and the district attorney of said district shall conduct such proceedings as may be necessary with the cooperation of the commissioner. Upon conviction in any court of competent jurisdiction, any person in violation of this part 1 shall be punished by a fine of not more than five hundred dollars. Each calendar day on which such a violation occurs shall constitute a separate violation. Fines and penalties imposed under this part 1 shall be collected and remitted as provided by law.

(2) After proper hearing as provided in article 4 of title 24, the commissioner may deny an application for licensure, place a licensee on probation, or restrict, suspend, revoke, or refuse to renew the license of a person who violates this part 1 or any rule adopted under this part 1. The restriction, revocation, or suspension of or refusal to renew a license may be in addition to, or in lieu of, any penalties or fines imposed in subsection (1) of this section.
C.R.S. § 35-81-102 — CO Code / Title 35 / Article 81 / Section 35-81-102
35-81-102. Study of hybrid animals
Status: in_force

35-81-102. Study of hybrid animals. (1) The commissioner of the department of agriculture is hereby authorized to appoint and convene an advisory group to study the behavior of hybrid canids and felines including, but not limited to, wolf hybrids, which study shall include a review of any incidents involving property damage and personal injury caused by such animals. The advisory group shall consist of the commissioner of the department of agriculture or the commissioner's designee, a veterinarian, representatives from the division of parks and wildlife, wolf-refuge owners, hybrid canid or feline breeders, animal-welfare agencies, and the agricultural and environmental communities.

(2) No later than January 15, 1998, the department shall present legislative committees of reference with a summary of its findings, including, if necessary, proposals for legislation.

(3) For purposes of section 35-81-101 and this section, a "hybrid canid or feline" means an animal produced by breeding a wild canid or feline with a domestic canid or feline, and that animal's progeny. "Wolf hybrid" means an animal produced by breeding a wolf with a domestic canine, and that animal's progeny.
C.R.S. § 35-46-108 — CO Code / Title 35 / Article 46 / Section 35-46-108
35-46-108. Lien for trespass and care
Status: in_force

35-46-108. Lien for trespass and care. Any party taking into custody animals under the provisions of this article shall have a lien upon such animals for the damages occasioned by the trespass of such animals and for a reasonable compensation for their feed and care while in the possession of the party, if damages are recovered.
C.R.S. § 35-41.5-114 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-114
35-41.5-114. Civil penalties
Status: in_force

35-41.5-114. Civil penalties. (1) Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the board. The maximum penalty shall not exceed one thousand dollars per violation.

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

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

(4) Before imposing any civil penalty, the board may consider the effect of such penalty on the ability of the person charged to stay in business.
C.R.S. § 35-40-111 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-111
35-40-111. Scalp taken out of state - penalty
Status: repealed

35-40-111. Scalp taken out of state - penalty. (Repealed)
C.R.S. § 35-57.5-111 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-111
35-57.5-111. Meeting place
Status: in_force

35-57.5-111. Meeting place. The board shall establish a meeting place anywhere within this state, but the selection of the location shall be guided by consideration for the convenience of a majority of those most likely to have business with the board or to be affected by its acts.
C.R.S. § 35-11.5-115 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-115
35-11.5-115. Liability
Status: in_force

35-11.5-115. Liability. The state assumes no liability for persons who misrepresent any agricultural product under the authority of this article.
C.R.S. § 35-27-123 — CO Code / Title 35 / Article 27 / Section 35-27-123
35-27-123. Requirement and effect of arbitration
Status: in_force

35-27-123. Requirement and effect of arbitration. (1) (a) If a buyer of seed suffers damage because such seed does not produce or perform in conformance with the labeling or warranty or because of negligence by the seller, the buyer shall submit such buyer's claim to arbitration pursuant to this section and section 35-27-122. Such submittal shall be a prerequisite to such buyer's right to maintain any legal action against the seller of such seed. Any statute of limitations shall be tolled until ten days after the filing of the arbitration report.

(b) No claim may be asserted as a counterclaim or defense in any action brought pursuant to paragraph (a) of this subsection (1) by a seller against a buyer, if the buyer has not submitted such claim to arbitration. After the buyer files a written notice of intention to assert a claim as a counterclaim or defense in such action, accompanied by a copy of the buyer's complaint filed under section 35-27-122 (2)(a), the statute of limitations shall be tolled for such claim until ten days after the filing of the arbitration report pursuant to section 35-27-122 (2)(d).

(2) (a) Every label required pursuant to section 35-27-105 shall include clear language that arbitration is required for claims arising out of the sale of seed; except that arbitration shall not be required if the notice required pursuant to this paragraph (a) is not included.

(b) A notice in the following form or equivalent language shall be sufficient to comply with paragraph (a) of this subsection (2):

NOTICE OF REQUIRED ARBITRATION

UNDER THE "COLORADO SEED ACT", ARTICLE 27 OF TITLE 35, COLORADO REVISED STATUTES, ARBITRATION IS REQUIRED AS A PREREQUISITE TO CERTAIN LEGAL ACTIONS, COUNTERCLAIMS, OR DEFENSES AGAINST A SELLER OF SEED. INFORMATION ABOUT THIS REQUIREMENT MAY BE OBTAINED FROM THE COLORADO COMMISSIONER OF AGRICULTURE.

(3) (a) An arbitration report filed pursuant to section 35-27-122 (2)(d) shall be binding upon all parties to the extent agreed upon in any contract governing the sale which was the subject of the arbitration.

(b) In the absence of an agreement to be bound by arbitration, a buyer may bring legal action against a seller or assert such claim as a counterclaim or defense in any action brought by the seller at any time after the arbitration report has been filed.

(c) During litigation involving a complaint which has been arbitrated pursuant to this section, any party who was subject to such arbitration may introduce the arbitration report as evidence of the facts found in the report if the party against whom the report is offered was also subject to the arbitration. The court may give such weight to the council's findings and conclusions of law and recommendations as to damages and costs as the court sees fit based upon all the evidence before the court. The court may also take into account any finding of the arbitration council of any failure of any party to cooperate in such arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim or answer upon the ability of the arbitration council to determine the facts of the case.
C.R.S. § 35-29-104 — CO Code / Title 35 / Article 29 / Section 35-29-104
35-29-104. Standards of quality
Status: in_force

35-29-104. Standards of quality. (1) The department shall establish minimum standards of quality for all agricultural products to be marketed under the seal of quality.

(2) The quality standards may be changed from time to time by the department, but any producer, packer, distributor, or retailer affected by the changes shall be notified by the department at least thirty days prior to the effective date of the changes in standards.

(3) The seal of quality shall not be used in the marketing of any agricultural product which does not meet the minimum standards established by the department.

(4) The commissioner shall prescribe methods and procedures of sampling, inspecting, and grading Colorado agricultural products.

(5) Inspectors or representatives of the department shall use such methods and procedures in sampling, checking, and inspecting products to determine the grade, quality, or condition of the product being marketed under the seal of quality.

(6) Any product being marketed under the seal of quality which does not meet the standards of quality established by the department shall be immediately removed from sale until the seal of quality has been removed from the product, label, or container. The department shall be the authority in making the decision to remove the product from sale. Any person refusing or failing to remove the seal of quality from a product, label, or container after being notified by the department shall be deemed in violation of this article.
C.R.S. § 35-42-107 — CO Code / Title 35 / Article 42 / Section 35-42-107
35-42-107. Bureau personnel - appointment
Status: in_force

35-42-107. Bureau personnel - appointment. (1) Subject to the provisions of section 13 of article XII of the state constitution, the commissioner shall appoint such animal protection agents as are necessary to carry out the provisions of this article.

(2) The commissioner may appoint agents who are employees of the state, Colorado-based nonprofit corporations, municipal corporations, counties, cities, cities and counties, or any other local governmental entity or political subdivision of the state.

(3) When agents who are employees of nonprofit corporations are appointed, the corporation shall furnish evidence of minimum liability insurance covering said agent in the amount of one hundred thousand dollars. The state shall not be liable for the actions of such agents. Agents of the bureau shall submit to training as specified by the commissioner.

(4) Agents of the bureau who have completed training as specified by the commissioner are vested with the power to conduct investigations and issue summonses and complaints to enforce the provisions of part 2 of article 9 of title 18 and article 80 of this title 35 as granted peace officers pursuant to section 16-2-104, and are designated as peace officers, as described in sections 16-2.5-101 and 16-2.5-118.

(5) The commissioner may, in his discretion, revoke the commission of any agent.

(6) The commissioner may in his discretion determine classifications and subclassifications for commissions of agent.

(7) Agents authorized to investigate cases involving livestock shall be employees of the division, the division of animal health, or the division of brand inspection of the department or any sheriffs when appointed and within their jurisdiction.

(8) All commissions issued by the commissioner shall expire on the anniversary date of issuance.

(9) A commission may, in the discretion of the commissioner, be renewed.

(10) All commissions shall be approved by the state agricultural commission.
C.R.S. § 35-28-107 — CO Code / Title 35 / Article 28 / Section 35-28-107
35-28-107. Board of control
Status: in_force

35-28-107. Board of control. (1) Any marketing order pursuant to this article shall provide for the establishment of a board of control to administer such order in accordance with its terms and provisions. The members of the board shall be appointed by the commissioner from nominations submitted by the industry and shall hold office until the expiration of their term or until such appointment is withdrawn by the commissioner for cause. All nominations for board members submitted by the industry affected by the marketing order affecting wheat shall be submitted to the commissioner prior to the beginning of the fiscal year for such industry established pursuant to section 35-28-113 (4) or by rule. If the marketing order affects directly only producers of a particular commodity, the members of the board shall be producers. If the marketing order affects directly only handlers of a particular commodity, the members of the board shall be handlers. If the marketing order affects directly both producers and handlers of a particular commodity such board shall be composed of both producers and handlers. The number of producers or handlers upon any such board shall be such number of producers or handlers as the commissioner finds is necessary to properly administer such order.

(2) No member of any such board shall receive a salary but each shall be entitled to his actual expenses incurred while engaged in performing his duties authorized in this article. The commissioner may authorize such board to employ necessary personnel, including an attorney approved by the attorney general, fix their compensation and terms of employment, and to incur such expenses, to be paid by the commissioner from moneys collected as provided in sections 35-28-113 and 35-28-114, as the commissioner may deem necessary and proper to enable such board properly to perform such of its duties as are authorized in this article. The duties of any such board shall be administrative only and may include only the following:

(a) Subject to the approval of the commissioner to administer such marketing agreement or order;

(b) To recommend to the commissioner administrative rules and regulations relating to the marketing agreement or order;

(c) To receive and report to the commissioner complaints of violations of the marketing agreement or order;

(d) To recommend to the commissioner amendments to the marketing agreement or order;

(e) To submit to the commissioner for his approval an estimated budget of expense necessary for the operation of any marketing agreement or order established by authority of this article and also to submit for approval a method of assessing and collecting such funds, as the commissioner may find necessary for the administration of such marketing agreement or order;

(f) To assist the commissioner in the collection of such necessary information and data as the commissioner may deem necessary to the proper administration of this article;

(g) To cooperate with colleges and universities, other research institutions, or groups for the purpose of seeking methods of greater utilization of wheat and wheat products.
C.R.S. § 35-53-126 — CO Code / Title 35 / Article 53 / Section 35-53-126
35-53-126. Inspection at market - penalty
Status: in_force

35-53-126. Inspection at market - penalty. All cattle that are subject to inspection in the state by virtue of any law or regulation, on arrival at any market, shall be inspected by a duly authorized brand inspector, whether or not they have been previously inspected at the point of origin, before they are taken to the scales for weighing or are weighed at such market unless such cattle are released by an authorized brand inspector. Any person, whether acting in his or her own behalf or as an agent, servant, officer, or employee of any person, firm, corporation, or association, who violates any provisions of this section commits a civil infraction.
C.R.S. § 35-50-109.5 — CO Code / Title 35 / Article 50 / Section 35-50-109.5
35-50-109.5. Investigations - access - administrative subpoena
Status: in_force

35-50-109.5. Investigations - access - administrative subpoena. (1) The commissioner may investigate as necessary to ensure compliance with this article 50.

(2) (a) At any reasonable time during regular business hours, upon consent or upon obtaining an administrative search warrant, the commissioner shall have access to all buildings, yards, pens, pastures, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out this article 50 or any rule promulgated pursuant to this article 50.

(b) (I) The commissioner is authorized to:

(A) Administer oaths and take statements;

(B) Issue administrative subpoenas requiring the attendance of witnesses and the production of all books, memoranda, papers, and other documents, articles, or instruments; and

(C) Compel the disclosure by witnesses of all facts known to them that are relevant to the matters under investigation.

(II) Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court to compel, and, upon a proper showing, the court may enter an order compelling, the witness to appear and testify or to produce documentary evidence. Failure to obey such an order of the court is punishable as a contempt of court.

(3) Complaints of record made to the commissioner and the results of the commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection during the investigatory period, except as provided by court order.
C.R.S. § 35-49-113 — CO Code / Title 35 / Article 49 / Section 35-49-113
35-49-113. Assignment of priority number
Status: repealed

35-49-113. Assignment of priority number. (Repealed)
C.R.S. § 35-26-106 — CO Code / Title 35 / Article 26 / Section 35-26-106
35-26-106. Registration - plant health, pest control, and environmental protection cash fun
Status: in_force

35-26-106. Registration - plant health, pest control, and environmental protection cash fund - fees - rules. (1) A person shall not engage in the business of selling nursery stock in this state, nor shall the person advertise with the intent and purpose of selling nursery stock in this state, without having first obtained a registration issued by the commissioner. The registration expires on December 31 of each year. Application for registration must be submitted on a form prescribed by the commissioner. The commissioner shall, by rule, establish a registration fee for each place of business. The fee must not exceed three hundred dollars. Applicants for a registration who were registered at any time during the calendar year immediately preceding the year for which application is made must apply for a registration by March 1 or pay an amount double the registration fee. A registration is not transferable. All registrants shall inform the commissioner in writing of any change of address prior to the change. All registrants shall meet the requirements of this article 26 and the rules promulgated pursuant to this article 26.

(2) Collectors shall produce upon demand written evidence of authorization to have collected any and all nursery stock held or offered for sale. Such evidence of authorization shall provide information as required by rule and regulation promulgated pursuant to this article.

(3) A charge for the actual cost incurred in making inspections shall be collected to defray the costs of inspections made pursuant to this article. The commissioner shall, by rule or regulation, establish a minimum charge per inspection, and shall determine the actual cost incurred in making inspections and establish the charge therefor.

(4) All fees and charges collected pursuant to this article shall be transmitted to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado nursery fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
C.R.S. § 35-46-105 — CO Code / Title 35 / Article 46 / Section 35-46-105
35-46-105. Grazing on roads and in municipalities - penalty
Status: in_force

35-46-105. Grazing on roads and in municipalities - penalty. (1) It is unlawful for the owner or any person in charge of any livestock knowingly to cause or permit such livestock to graze or run at large in any incorporated or unincorporated municipality, lane, road, or public highway if the same is separated from the land or range of such owner or person in charge by a fence or other barrier sufficient to keep livestock from reaching such municipality, lane, road, or public highway. In case any such livestock so running at large is killed or injured by any vehicle, the owner, driver, or person in charge of such vehicle shall not be liable therefor if the killing or injury is not malicious, willful, or wanton. Nothing in this section shall be applicable to livestock having a person in charge when such livestock are being driven on or through such municipalities, lanes, roads, or public highways or when range livestock being ranged on their usual range or allotments have broken through maintained drift fences or cattle guards and are on the premises unknown to the owners.

(2) Any person violating this section commits a civil infraction. It is the duty of every Colorado state trooper, sheriff, or other peace officer to prefer charges against any person violating this section and take custody of such livestock and place them on feed and water. Such livestock may be placed by such officer in the custody of a responsible person who shall care for the same pending disposition of any court action under this section. The livestock may be held in case of conviction of the owner or other person in charge for the payment of any reasonable costs of handling, care, and feed and of court and for the payment of all fines which may be levied against said owner or other person in charge. In the event such costs and fine are not paid within ten days after the entry of judgment, such court, after reasonable notice to such owner and any known persons in interest as determined by the court, may order sufficient numbers of such livestock sold to pay such costs and fine.

(3) In cases where such livestock are horses, mules, or burros of inferior quality and of the apparent value of less than thirty-five dollars per head and the owner or any other person in interest cannot be found after reasonable search and inquiry, the state board of stock inspection commissioners, or its duly authorized representative, after posting of notice at a conspicuous place at the courthouse of the county where such livestock are found for a period of ten days, may sell such livestock at private or public sale as stated in said notice, and the proceeds of such sale remaining after the payment of all reasonable costs shall be held for the owner or other person in interest when found as is provided by law for estray funds.
C.R.S. § 35-33-101 — CO Code / Title 35 / Article 33 / Part 1 / Section 35-33-101
35-33-101. Short title
Status: in_force

35-33-101. Short title. This article shall be known and may be cited as the "Custom Processing of Meat Animals Act".
C.R.S. § 35-29-102 — CO Code / Title 35 / Article 29 / Section 35-29-102
35-29-102. Definitions
Status: in_force

35-29-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Colorado agricultural products" means any agricultural, horticultural, viticultural, or vegetable products or poultry or poultry products grown or produced in the state of Colorado.

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

(3) "Consumer" means any person who buys Colorado agricultural products for personal use and not for resale.

(4) "Container" means any box, carton, crate, bag, wrap, or other process or device used to hold and protect Colorado agricultural products. "Subcontainer" means any container being used within another container.

(5) "Deceptive arrangement" or "deceptive display" means any bulk lot, arrangement, or display of products which has in the exposed surface products which are in quality, size, condition, or any other respect so superior to those which are concealed as to materially misrepresent the bulk lot, arrangement, or display.

(6) "Deceptive pack" means any container or subcontainer which has in the outer layer or any exposed surface any products which are in quality, size, condition, or any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents.

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

(8) "Distributor" means any person selling, marketing, or distributing Colorado agricultural products.

(9) "Packer" means any person engaged in processing, packing, or preparing Colorado agricultural products for market.

(10) "Person" means any individual, firm, association, corporation, or partnership.

(11) "Producer" means any person engaged within this state in the business of producing or causing to be produced for market any agricultural commodity.

(12) "Retailer" means any person buying Colorado agricultural products from producers, packers, or distributors and selling to consumers.

(13) "Seal of quality" means the design approved by the commissioner, as provided in section 35-29-103 (2), as the Colorado "seal of quality" and which, when imprinted or affixed on labels, packages, or products or used in advertising or in any manner, shall signify the standards of quality provided in section 35-29-104.
C.R.S. § 35-42-106 — CO Code / Title 35 / Article 42 / Section 35-42-106
35-42-106. Powers and duties of the commissioner
Status: in_force

35-42-106. Powers and duties of the commissioner. The commissioner has the power to administer and enforce the provisions of this article, appoint agents and establish the qualifications of such agents, promulgate rules and regulations, enter into contracts, and implement training, procedures, and rules and regulations of recommended standards for animal control officers.
C.R.S. § 35-7-202 — CO Code / Title 35 / Article 7 / Part 2 / Section 35-7-202
35-7-202. Control and eradication of predatory animals
Status: in_force

35-7-202. Control and eradication of predatory animals. (1) The boards of county commissioners of the several counties of the state are authorized to purchase materials and equipment and to employ one or more suitable persons to control coyotes or other injurious predatory animals within the limits of their respective counties. Any materials and equipment so purchased and compensation for such services shall be paid out of the general fund or a specially designated fund of such county.

(2) The boards of county commissioners of the several counties of the state are authorized to levy such taxes as are necessary to pay the obligations for such predatory animal control work as authorized by this section and to put into operation any plan of procedure for the eradication of such predatory animals within their jurisdictions as in their discretion is deemed advisable.

(3) Control operations under the provisions of this section shall be in accordance with the approved procedure of the federal agency. The boards of county commissioners may solicit cooperation from the state board of stock inspection commissioners and the federal agency for the conduct of such predatory animal control work and may enter into cooperative agreements with the state board of stock inspection commissioners and the federal agency for the furtherance of the predatory animal control work authorized under this section.
C.R.S. § 35-40-207 — CO Code / Title 35 / Article 40 / Part 2 / Section 35-40-207
35-40-207. Program to be in addition to present program
Status: in_force

35-40-207. Program to be in addition to present program. The program established by this part 2 shall be in addition to the predatory animal control program established by part 1 of this article.
C.R.S. § 35-11-108 — CO Code / Title 35 / Article 11 / Section 35-11-108
35-11-108. Affidavit in lieu of permit
Status: in_force

35-11-108. Affidavit in lieu of permit. For the calendar year beginning January 1, 1990, and for each calendar year thereafter, the owner of an irrigation system who does not intend to utilize chemigation during the calendar year shall notify the department of such intent. Notification shall be by an affidavit provided by the department.
C.R.S. § 35-65-408 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-408
35-65-408. Applicability of other laws
Status: in_force

35-65-408. Applicability of other laws. (1) Notwithstanding any law to the contrary:

(a) Until March 1, 1998, the Colorado state fair authority shall not be subject to the provisions of part 14 of article 30 of title 24, C.R.S. On and after March 1, 1998, the Colorado state fair authority shall be subject to the provisions of part 14 of article 30 of title 24, C.R.S.; and

(b) The Colorado state fair authority shall not be subject to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.

(2) (Deleted by amendment, L. 99, p. 293, § 2, effective April 14, 1999.)
C.R.S. § 35-43-128 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-128
35-43-128. Theft of certain animals - penalty
Status: in_force

35-43-128. Theft of certain animals - penalty. Any person who commits theft of, or knowingly kills, sells, drives, leads, transports, or rides away, or in any manner deprives the owner of the immediate possession of any cattle, horses, mules, sheep, goats, swine, or asses, either live or slaughtered, or any portion of the slaughtered carcass thereof, or any person who commits theft of, or knowingly kills, sells, drives, leads, transports, or rides away, or in any manner applies to the person's own use any cattle, horses, mules, goats, sheep, asses, or swine, either live or slaughtered, or any portion of the slaughtered carcass thereof, the owner of which is unknown, or any person who knowingly purchases from anyone not having the lawful right to sell and dispose of the same any cattle, horses, mules, sheep, goats, swine, or asses, either live or slaughtered, or any portion of the slaughtered carcass thereof, commits a class 4 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 35-41.5-104 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-104
35-41.5-104. Alternative livestock farm license required
Status: in_force

35-41.5-104. Alternative livestock farm license required. Any person operating a farm or ranch at which alternative livestock are raised shall obtain a valid alternative livestock farm license issued by the board pursuant to this article and any rules promulgated pursuant thereto. Such license shall be issued for a specific class or subclass of alternative livestock.
C.R.S. § 35-52-108 — CO Code / Title 35 / Article 52 / Section 35-52-108
35-52-108. Local shipments treated as interstate
Status: repealed

35-52-108. Local shipments treated as interstate. (Repealed)
C.R.S. § 35-77-102 — CO Code / Title 35 / Article 77 / Section 35-77-102
35-77-102. Definitions
Status: in_force

35-77-102. Definitions. As used in this article 77, unless the context otherwise requires:

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

(2) "Covered activity" has the same meaning as set forth in 21 CFR 112.3.

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

(4) "Farm" has the same meaning as set forth in 21 CFR 112.3.

(5) "FDA" means the United States food and drug administration.

(6) "Produce" has the same meaning as set forth in 21 CFR 112.3.
C.R.S. § 35-14-101 — CO Code / Title 35 / Article 14 / Section 35-14-101
35-14-101. Short title
Status: in_force

35-14-101. Short title. This article shall be known and may be cited as the "Measurement Standards Act of 1983".
C.R.S. § 35-1.2-104 — CO Code / Title 35 / Article 1.2 / Section 35-1.2-104
35-1.2-104. Report
Status: in_force

35-1.2-104. Report. Notwithstanding section 24-1-136 (11)(a)(I), on or before December 15, 2021, and on or before December 15 each year thereafter, the department shall submit a summarized report to the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees, concerning the loan program.
C.R.S. § 35-56-101 — CO Code / Title 35 / Article 56 / Section 35-56-101
35-56-101. Stock register
Status: in_force

35-56-101. Stock register. Any person licensed in this state to keep an auction, where horses, mules, or cattle are sold at auction, shall maintain a book called a stock register, in which he shall describe minutely every animal he offers for sale.
C.R.S. § 35-55-113 — CO Code / Title 35 / Article 55 / Section 35-55-113
35-55-113. Veterinary inspection - rules
Status: repealed

35-55-113. Veterinary inspection - rules. (1) (a) An accredited and licensed veterinarian shall inspect all livestock consigned and delivered on the premises of any licensed public livestock market before the livestock are offered for sale. The veterinarian shall inspect or test, as indicated or required, animals consigned to the public livestock market for the purpose of determining their condition of health and freedom from infectious or contagious animal diseases. If, in the opinion of the inspecting veterinarian, the animals are free of clinical signs of infectious or contagious diseases and have not, to the best of the veterinarian's knowledge, been exposed to any infectious or contagious diseases, the veterinarian shall issue a signed certificate of veterinary inspection to any purchaser who so requests. The veterinarian shall deliver the certificate of veterinary inspection to the purchaser at the time of rendering the account of sale or bill of sale.

(b) In addition to the requirements of this subsection (1) for all interstate movements, livestock must meet federal interstate and state of destination requirements. The veterinarian and the public livestock market shall immediately isolate and hold all animals affected with any recognized infectious or contagious diseases in conformity with the health requirements of Colorado law and the rules of the department of agriculture. The operator of the public livestock market shall pay all fees or taxes for veterinary services. The buyer or the person who intends to ship through interstate commerce shall pay the expenses for inspections or tests that are required by the United States department of agriculture and that can only be made by an approved and licensed veterinarian.

(2) (a) Swine may be moved from a public livestock market if, upon inspection, the swine are found free of clinical signs of contagious, infectious, or communicable diseases and in a condition of health.

(b) Repealed.

(3) Feeding swine and breeding swine that are being moved from a market to a farm must be identified by an approved ear tag, individual tattoo, or ear notch as each is required by 9 CFR 71.19. Sows and boars that are being sent to slaughter must be identified in accordance with the market swine identification program as prescribed in the swine brucellosis control/eradication state-federal-industry uniform methods and rules published by the U.S.D.A. animal plant health inspection service agency (APHIS 91-55-042).

(4) No animal may be sold or offered for sale at a public livestock market if the animal is injured, disabled, or diseased beyond recovery, or if such injury or disease permanently renders the animal unfit for human consumption. This subsection (4) includes, but is not limited to, any animal with severe neoplasia, any animal that is unable to rise to its feet by itself, and any animal with obviously fractured long bones.

(5) If, in the judgment of an accredited and licensed veterinarian, an animal presented at a public livestock market is injured, disabled, or diseased beyond recovery, the veterinarian shall humanely euthanize the animal or direct the consignor to immediately remove the animal from the premises of the public livestock market. The consignor is responsible for all expenses incurred for euthanasia and disposal of an animal under this subsection (5). The consignee is not responsible for collection of expenses.

(6) The commissioner of agriculture shall adopt reasonable rules for the administration and enforcement of this section, including, but not limited to, rules designating any disease as a disease that renders livestock permanently disabled or the carcasses thereof permanently unfit for human consumption. The commissioner shall promulgate all such rules in accordance with existing antemortem inspection guidelines of the United States department of agriculture food safety inspection service.
C.R.S. § 35-36-210 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-210
35-36-210. Use of scale tickets and negotiable warehouse receipts
Status: in_force

35-36-210. Use of scale tickets and negotiable warehouse receipts. (1) It is unlawful to issue paper negotiable warehouse receipts other than those furnished by the department. A licensee shall issue these receipts consecutively, as numbered, and each receipt must state the date on which it is actually issued.

(2) Nothing in this part 2 prevents the issuance of nonnegotiable scale tickets or other nonnegotiable evidence of a similar nature showing the date on which the commodities were received, the quantities received, and the condition of the commodities upon their delivery.

(3) When partial withdrawal of a commodity is made by an owner, the warehouse operator shall make an appropriate notation of the partial withdrawal on the depositor's nonnegotiable warehouse receipt or on such other records as may be prescribed by the department. If, before the partial withdrawal of the commodity, the warehouse operator has issued a negotiable warehouse receipt to the owner, the warehouse operator shall claim, cancel, and replace it with a new negotiable warehouse receipt, showing the amount of the owner's commodity remaining in the public warehouse.

(4) Every commodity handler or small-volume commodity handler receiving commodities for storage or handling shall immediately, upon receipt of each load, issue to every person delivering the commodity a scale ticket, which must contain the net weight of each separate draft or load of the commodity and the dockage, if any, to be levied at the time of delivery, and such other information as may be required by the department.

(5) Acceptance of commodities for storage by a warehouse operator for which a negotiable warehouse receipt is issued constitutes a bailment process and not a sale. If a warehouse operator fails to claim and cancel a negotiable warehouse receipt issued on delivery for commodities stored in the warehouse operator's public warehouse and the negotiation of which would transfer the right of possession of that commodity, the warehouse operator is liable, to a good faith purchaser for value, for the warehouse operator's failure to deliver to the purchaser all the commodities specified in the receipt. This liability applies whether the purchaser acquired title to the negotiable warehouse receipt before, on, or after the delivery of any part of the commodity by the warehouse operator.
C.R.S. § 35-55-119 — CO Code / Title 35 / Article 55 / Section 35-55-119
35-55-119. Repeal of article - review of functions
Status: repealed

35-55-119. Repeal of article - review of functions. This article 55 is repealed, effective September 1, 2034. Before the repeal, the licensing of public livestock markets is scheduled for review in accordance with section 24-34-104.
C.R.S. § 35-7-112 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-112
35-7-112. Eradication contracts required - procedure without contracts
Status: in_force

35-7-112. Eradication contracts required - procedure without contracts. (1) In case a majority of resident landowners in a prescribed district have signed a cooperative agreement to destroy rodents on their lands, public notice may be given by publication by the boards of county commissioners wherein the lands are located at least once in a newspaper of general circulation in the counties affected to the effect that lands within the boundaries of such prescribed area, lying in one or more counties, are infested by said pests, or some kind thereof, in such numbers that in the opinion of the said department the same are liable to materially injure and imperil agricultural or horticultural crops within such area, and that such lands are about to be treated, under the provisions of this part 1, for the control and eradication of the pests. If, within thirty days after the publication of such notice, any owner of lands infested by the pests within the prescribed area fails to destroy the same, or to enter into a cooperative agreement for their control or eradication, then, at the time operations are instituted on such lands, it is the duty of the department, or its agents, to enter upon the lands and to destroy the pests thereon at the expense of the owner of such lands.

(2) If the owner, after ten days' written notice to him in person or by mail to his last-known post office address, fails, neglects, or refuses to reimburse the department, or its agents, in the amount of such expenses, the department shall certify an itemized statement thereof, together with a description of such lands sufficient to identify the same to the board of county commissioners of the county wherein the same is situated. Thereupon, such an account shall be audited, allowed, and paid in like manner as provided in section 35-7-110. Public notices in this section provided for shall designate as accurately as may be the boundaries of the area to be treated; shall make specific reference to this statute and shall call upon all owners, known or unknown, of lands within the prescribed area to proceed at once to destroy the pests mentioned in such notice or to enter into cooperative agreements for their control or eradication; and shall designate reasonable times and places within or near such area where and when the federal agency, or other agents, and the department, or its agents, will be present for the purpose of entering into such cooperative agreements and proceeding with their execution.
C.R.S. § 35-55-114 — CO Code / Title 35 / Article 55 / Section 35-55-114
35-55-114. Title
Status: in_force

35-55-114. Title. The operator of each public livestock market in this state shall warrant to the purchaser thereof the title of all livestock sold through his public livestock market and shall be liable to the rightful owner thereof for the net proceeds in cash received for such livestock so sold. It is the further duty of such operator, when notified by the authorized brand inspector that there is a question as to whether any designated livestock sold through said market is lawfully owned by the consignor thereof, to hold the proceeds received from the sale of said livestock for a reasonable time, not to exceed thirty days, to permit the consignor to establish ownership and if at expiration of that time, the consignor fails to establish his lawful ownership of such livestock, said proceeds shall be released by such operator to the state board of stock inspection commissioners, which board has authority to dispose of said proceeds in accordance with Colorado's estray laws relating to the distribution of estray money, and the board's receipt therefor shall relieve said operator from further responsibility for said proceeds. Proof of ownership and an account of all sales of livestock shall be transmitted by the authorized brand inspector to the state board of stock inspection commissioners.
C.R.S. § 35-65-116 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-116
35-65-116. Race meets - dates - licenses - fees
Status: in_force

35-65-116. Race meets - dates - licenses - fees. (1) The board is authorized to obtain a license to conduct horse race meets at the Colorado state fair and industrial exposition pursuant to article 32 of title 44. For the purposes of this section, the limitations in section 44-32-512 shall not apply, and the horse race meets shall be conducted as approved by the Colorado racing commission at the Colorado state fair and industrial exposition during its duration.

(2) In lieu of obtaining a license to conduct a horse race meet, the board is authorized to contract for the conduct of horse race meets at the Colorado state fair and industrial exposition with a private, nonprofit person licensed to conduct horse race meets within forty miles of the state fair grounds, subject to authorization by the Colorado racing commission pursuant to section 44-32-512. The meet and the race days of the meet conducted at the Colorado state fair and industrial exposition shall be in addition to the number of meets and race days permitted the licensee pursuant to section 44-32-603.
C.R.S. § 35-50-112 — CO Code / Title 35 / Article 50 / Section 35-50-112
35-50-112. Importation of livestock - pet animal health certificates
Status: in_force

35-50-112. Importation of livestock - pet animal health certificates. (1) It is unlawful for any person, firm, or corporation to ship or drive into Colorado any livestock unless such livestock are accompanied by an official health certificate, except as may be set forth in rules promulgated by the commissioner. Such health certificate shall be in the form and manner as prescribed by the commissioner. No livestock known to be affected with, or exposed to, any infectious or contagious disease may be imported into Colorado except as authorized by rule. Livestock shall also meet all federal interstate requirements.

(2) The commissioner may promulgate rules creating and requiring pet animal health certificates. For the purposes of this section, "pet animal" means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any other species of wild, domestic, or hybrid animal kept as a household pet, except livestock as defined in section 35-50-103 (7).
C.R.S. § 35-1-106.4 — CO Code / Title 35 / Article 1 / Section 35-1-106.4
35-1-106.4. Emergency invasive-pest response fund
Status: in_force

35-1-106.4. Emergency invasive-pest response fund. (1) The emergency invasive-pest response fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of:

(a) Money transferred to the fund in accordance with section 35-1-106.3 (4);

(b) Money from remuneration authorized in section 35-4-118;

(c) Gifts, grants, and donations received under subsection (4) of this section; and

(d) Any other money that the general assembly may appropriate or transfer to the fund.

(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(3) Subject to annual appropriation by the general assembly, the commissioner may expend money from the fund to:

(a) Implement sections 35-4-118 and 35-4-119; and

(b) Implement emergency measures to control or eradicate invasive pests.

(4) The commissioner may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(5) The department shall report annually the amount and source of money received under this section in the prior fiscal year at the hearing required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.
C.R.S. § 35-57.8-104 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-104
35-57.8-104. Colorado horse development authority - board of directors - members - terms
Status: in_force

35-57.8-104. Colorado horse development authority - board of directors - members - terms. (1) (a) The powers of the authority shall be vested in a board of directors, which shall be composed of:

(I) Five representatives of five different horse organizations in this state;

(II) One representative of a state horse show association;

(III) One representative of a state veterinary association;

(IV) One representative of a university equine extension service;

(V) Two representatives of an organization that operates statewide to promote and protect the interests of horses and that represents all types of horse uses and horse breeds;

(VI) Four representatives of horse industry support services.

(b) At least two representatives shall be from the western slope.

(2) The commissioner shall appoint the board members to three-year terms. The terms of no more than five members shall expire on the same year. Each member serves at the pleasure of the commissioner and shall continue in office until the member's successor is appointed and qualified. The members of the board who are in office on September 1, 1998, shall comprise the original board of directors of the authority, and their initial terms on the board shall end at the same time as the terms to which they were appointed on the Colorado horse development board prior to September 1, 1998.

(3) On the expiration of the term of a member of the board, that member's successor shall be appointed by the commissioner for a term of three years; except that, in the case of a vacancy, the commissioner shall appoint a person who shall serve for the unexpired term.
C.R.S. § 35-52-112 — CO Code / Title 35 / Article 52 / Section 35-52-112
35-52-112. Selling, distributing, and using virulent virus
Status: repealed

35-52-112. Selling, distributing, and using virulent virus. (Repealed)
C.R.S. § 35-41.5-116 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-116
35-41.5-116. Alternative livestock farm cash fund - creation - fees
Status: in_force

35-41.5-116. Alternative livestock farm cash fund - creation - fees. All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer who shall credit the same to the alternative livestock farm cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall be a part of this fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. The general assembly shall make annual appropriations from such fund to the department to carry out the purposes of this article. The board is authorized to expend a maximum of three and six-tenths percent, or actual costs, whichever is less, of the base appropriation allocated to the brand inspection division to offset the indirect costs of the board.
C.R.S. § 35-11.5-101 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-101
35-11.5-101. Short title
Status: in_force

35-11.5-101. Short title. This article shall be known and may be cited as the "Organic Certification Act".
C.R.S. § 35-4-116 — CO Code / Title 35 / Article 4 / Section 35-4-116
35-4-116. Rules and regulations
Status: in_force

35-4-116. Rules and regulations. The commissioner may promulgate such rules and regulations as he deems necessary for the administration and enforcement of this article. Such rules and regulations shall be promulgated in accordance with article 4 of title 24, C.R.S.
C.R.S. § 35-43-205 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-205
35-43-205. Exemption - limitation
Status: in_force

35-43-205. Exemption - limitation. Every person carrying on the trade or business of a slaughterer of livestock in this state who is exempt from section 35-43-203 (1)(g) shall not slaughter any livestock purchased in Colorado that have not been inspected for brands by an authorized Colorado brand inspector immediately prior to slaughter.
C.R.S. § 35-1-107.7 — CO Code / Title 35 / Article 1 / Section 35-1-107.7
35-1-107.7. Support for national western stock show - administration by commissioner - repor
Status: repealed

35-1-107.7. Support for national western stock show - administration by commissioner - report - repeal. (Repealed)
C.R.S. § 35-60-101 — CO Code / Title 35 / Article 60 / Section 35-60-101
35-60-101. Short title
Status: in_force

35-60-101. Short title. This article shall be known and may be cited as the "Colorado Feed Law".
C.R.S. § 35-40-202 — CO Code / Title 35 / Article 40 / Part 2 / Section 35-40-202
35-40-202. Sheep program
Status: in_force

35-40-202. Sheep program. For the protection of sheep against predatory animals, the board of county commissioners of any county, upon the recommendation of an association of sheep growers in the county, has power, either alone or in conjunction with other counties, to conduct a predatory animal control program for the protection of sheep in such county.
C.R.S. § 35-53-112 — CO Code / Title 35 / Article 53 / Section 35-53-112
35-53-112. Shipping prior to inspection - penalty
Status: in_force

35-53-112. Shipping prior to inspection - penalty. (1) Any person, firm, association, partnership, or corporation, or any employee thereof, who willfully violates any provision of sections 35-53-101 to 35-53-112, except as otherwise provided in said sections, or who moves or causes to be moved any single head or any herd of cattle, horses, or mules within this state or beyond the boundaries of this state without having had the same inspected and cleared by a Colorado brand inspector commits a class 2 misdemeanor.

(2) It is the duty of the district attorney of the judicial district in this state in which any such violation occurs to initiate criminal proceedings and prosecute the same to effectively enforce the provisions of this section.
C.R.S. § 35-57.8-105 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-105
35-57.8-105. Qualifications of members
Status: in_force

35-57.8-105. Qualifications of members. (1) Each board member shall meet the following qualifications at the time of appointment and throughout the member's term of office:

(a) Citizenship of the United States;

(b) Residency in this state;

(c) Demonstration of an active interest in the development of the horse industry in Colorado.

(2) The commissioner shall immediately declare the office of any member of the board vacant whenever the commissioner finds that the member is not qualified under this section or that the member is unable to perform the duties of the office.
C.R.S. § 35-53.5-108 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-108
35-53.5-108. Movement of cattle from certified feedlots - notice - inspection
Status: in_force

35-53.5-108. Movement of cattle from certified feedlots - notice - inspection. (1) The board shall supply each certified feedlot with appropriate movement certificates in triplicate. One copy of each certificate shall accompany the slaughter animals to the packing facility, one copy shall be retained by the certified feedlot, and one copy shall be sent to the board together with the appropriate fees. The feedlot shall retain copies of the direct-to-slaughter certificates in a separate file, in numeric order, for audit purposes.

(2) All certified feedlots shall notify the local brand inspector of all anticipated shipments going directly to slaughter, giving the inspector ample notice to inspect or audit the shipment at his or her discretion during daylight hours.

(3) Any certified feedlot that has animals inspected immediately prior to shipment to slaughter and an inspection certificate issued by an authorized Colorado inspector shall be charged the applicable per-head fees, Colorado beef board fees, and national beef promotion fees. The certified feedlot per-head fee will not be charged in addition to the inspection fee. One copy of the inspection certificate shall be filed with feedlot copies of the slaughter movement certificates. The feedlot shall be responsible for the inspection fee, which shall be payable at the time of inspection on all animals inspected.
C.R.S. § 35-42-114 — CO Code / Title 35 / Article 42 / Section 35-42-114
35-42-114. Local regulation
Status: in_force

35-42-114. Local regulation. The provisions of this article shall not be construed to limit or preempt additional regulation by any city, town, or city and county. Nothing in this article shall interfere with the authority of the department of public health and environment in the enforcement of part 7 of article 4 of title 25, C.R.S., or the department of agriculture in the enforcement of article 80 of this title.
C.R.S. § 35-24.5-111 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-111
35-24.5-111. Aquaculture fund created
Status: in_force

35-24.5-111. Aquaculture fund created. All fees and penalties collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the aquaculture cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the direct and indirect costs of the administration of this article.
C.R.S. § 35-66-106 — CO Code / Title 35 / Article 66 / Section 35-66-106
35-66-106. Wild horse stewardship program
Status: in_force

35-66-106. Wild horse stewardship program. (1) The wild horse stewardship program is created to coordinate and assist in managing and supporting the well-being of Colorado wild horse herds and wild horse rangeland, including herds within federal herd management areas, to ensure the long-term sustainability of wild horse herds and wild horse range health by:

(a) Supporting the management of range health;

(b) In partnership with the bureau and with permission from the bureau, building, repairing, and maintaining range infrastructure, such as fencing, natural feed sources, or natural water sources, on public land for the benefit of the wild horse herds, the wild horse rangeland, and the resident populations; and

(c) Coordinating with local organizations associated with a herd management area.

(2) (a) The director shall annually report to the department on the actions taken to meet the requirements of this section. The report must include the activities performed and accomplished in accordance with the stewardship program.

(b) The director may rescind a grant for:

(I) Failure of the grant recipient to perform the duties to accomplish the purpose for which the grant was made;

(II) Lack of effectiveness of the grant recipient's actions concerning the purposes for which the grant was made; and

(III) A lack of consistency with the expectations of the wild horse project in making the grant.

(3) The wild horse project shall begin implementing this section by July 31, 2024.
C.R.S. § 35-38-109 — CO Code / Title 35 / Article 38 / Section 35-38-109
35-38-109. Cause of action - remedies
Status: in_force

35-38-109. Cause of action - remedies. (1) An equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation of the provisions of this article. The dealer may also recover costs and reasonable attorney fees.

(2) An equipment dealer may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or change in competitive circumstances.

(3) The remedies provided by this section are in addition to any other remedies permitted by law and shall not affect laws relating to product liability actions.
C.R.S. § 35-57.8-106 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-106
35-57.8-106. Expenses - rules
Status: in_force

35-57.8-106. Expenses - rules. Members shall serve without compensation except for their actual and necessary travel and other expenses incurred in the performance of their official duties. Employees of the board may receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The board shall adopt reasonable rules governing the incurrence and payment of expenses.
C.R.S. § 35-75-126 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-126
35-75-126. Powers of authority not restricted
Status: in_force

35-75-126. Powers of authority not restricted. This article shall not be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state but shall be construed as cumulative of any such powers. Nothing in this article shall be construed to deprive the state and its political subdivisions of their respective police powers over properties of the authority or to impair any power over such properties of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.
C.R.S. § 35-46-113 — CO Code / Title 35 / Article 46 / Section 35-46-113
35-46-113. Cost and repair - how recovered
Status: in_force

35-46-113. Cost and repair - how recovered. Partition fences between agricultural and grazing land shall be erected and also kept in repair at the joint cost of the owners of the respective adjoining tracts, except as otherwise agreed by such owners. If after thirty days written notice, served personally or by registered mail by either the owner or tenant of one tract upon the owner or tenant of the other tract, such other owner neglects or refuses to erect or repair one-half of the partition fence, the person giving notice may proceed to erect or repair the entire partition fence and collect by a civil action at law one-half the entire cost thereof from the other owner. Any judgment obtained against the owner of any land for the value of his share of any such partition fence or the repair thereof shall be a lien upon such owner's land to which such fence is appurtenant, and a special execution may issue and be levied upon the land to which such fence is appurtenant as in the manner now prescribed for the levying of an execution under the foreclosure of a mortgage upon real property. Such land may be sold under sheriff's sale for the purpose of satisfying such special execution in the same manner as is now provided for the foreclosure of mortgages on real property.
C.R.S. § 35-38-107 — CO Code / Title 35 / Article 38 / Section 35-38-107
35-38-107. Repurchase - title - security interest
Status: in_force

35-38-107. Repurchase - title - security interest. Upon paying the equipment dealer, the title and right to possession of the repurchased inventory shall transfer to the supplier and the equipment dealer shall have a continuing perfected security interest in the inventory. Upon such payment, the security interest of the supplier shall be perfected without the filing of a financing statement for a period of six years.
C.R.S. § 35-65-307 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-307
35-65-307. Validity of bonds
Status: in_force

35-65-307. Validity of bonds. (1) Bonds issued under this part 3 and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that, before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to be officers of the board.

(2) The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the construction, acquisition, improvement, reconstruction, or extension of the facilities of the Colorado state fair and industrial exposition financed by the bonds or done in connection therewith.
C.R.S. § 35-33-201 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-201
35-33-201. Processing facilities - operation - rules
Status: in_force

35-33-201. Processing facilities - operation - rules. (1) Each processing facility licensed under this article must be operated and maintained in a manner sufficient to prevent the creation of unsanitary conditions and to ensure that meat or meat products are not adulterated.

(2) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 513, § 10, effective April 16, 2009.)

(3) All persons coming in contact with meat or meat products shall wear clean garments and a suitable head covering and shall keep their hands clean. No person with infected cuts or a communicable disease shall be allowed to handle meat or meat products.

(4) and (5) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 513, § 10, effective April 16, 2009.)

(6) Unpackaged or uncovered meat or meat products shall not be moved through the slaughter, holding, or refuse rooms or areas.

(7) and (8) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 513, § 10, effective April 16, 2009.)

(9) (a) Adulterated or inedible meat shall be decharacterized so as to unequivocally preclude its use for human food and shall be disposed of by methods approved by the commissioner.

(b) Decharacterization of adulterated or inedible meat shall be accomplished by freely slashing and covering all exposed surfaces with an edible green dye, charcoal, or such other methods as may be approved by the commissioner.

(10) All meat and meat products, except poultry, resulting from the processing or slaughter of uninspected animals:

(a) Shall, as soon as is practicable, be marked or coded with the owner's name and marked "NOT FOR SALE" in letters not less than three-eighths of an inch in height;

(b) Shall, when packaged, be marked or coded with the owner's name, the date of wrapping of the package, and the package contents, and labeled "NOT FOR SALE"; and

(c) Shall be returned to the owner or decharacterized and disposed of by methods approved by the commissioner, except for unclaimed meat from wildlife subject to the jurisdiction of the Colorado division of parks and wildlife, which shall be donated or disposed of in accordance with any applicable state or federal health or wildlife laws.

(11) All poultry and poultry products must be marked as required by the commissioner by rule.
C.R.S. § 35-23-106 — CO Code / Title 35 / Article 23 / Section 35-23-106
35-23-106. Establishment of regulations and grades
Status: in_force

35-23-106. Establishment of regulations and grades. The commissioner is empowered to establish and enforce such grades, grading rules, and regulations in addition to those established by this article, in no event less than the minimum requirements prescribed by this article, as he may deem necessary on fruits, vegetables, and other agricultural products, which shall not conflict with any provisions of this article, after a thorough investigation has been made of the needs of the particular fruit, vegetable, or other agricultural product for which grades, grading rules, and regulations are contemplated; but, whenever it is deemed advisable by the commissioner, such grades shall be the same as the grades promulgated by the United States department of agriculture. Such grades, grading rules, and regulations, before they become effective, shall be submitted for approval at one or more public meetings called for that purpose and attended by representative growers and shippers of the localities interested in the industry affected. Such meetings shall be advertised at least once in a newspaper published in such localities, one week or more prior to the meeting. Said meeting shall be presided over by the commissioner or any of his duly authorized deputies and, insofar as possible and practicable, shall be conducted at such places as can be conveniently reached by representatives of the affected industry. Grades, grading rules, and regulations, established in accordance with the provisions of this section, shall not be modified during the current shipping season of the fruit, vegetable, or other agricultural product for which they are established. In like manner the commissioner may provide for standard packages for all fruits, vegetables, and other agricultural products, but no standard packages shall be eliminated or changed without two years' notice to the industry involved.
C.R.S. § 35-73-101 — CO Code / Title 35 / Article 73 / Section 35-73-101
35-73-101. Short title
Status: in_force

35-73-101. Short title. The short title of this article 73 is the "Voluntary Soil Health Program Act".
C.R.S. § 35-14-106 — CO Code / Title 35 / Article 14 / Section 35-14-106
35-14-106. Administration
Status: in_force

35-14-106. Administration. The commissioner shall administer and enforce the provisions of this article and shall have and may exercise any and all of the administrative powers conferred upon the head of a department of the state. The commissioner is authorized to employ, pursuant to section 13 of article XII of the state constitution, such deputies and inspectors as he may deem necessary for the proper enforcement of this article, subject to the constitution and laws of the state. The powers and duties given to and imposed upon the commissioner are also given to and imposed upon the deputies and inspectors when acting under the instructions and at the direction of the commissioner.
C.R.S. § 35-3-107 — CO Code / Title 35 / Article 3 / Section 35-3-107
35-3-107. Powers and duties of state agency
Status: in_force

35-3-107. Powers and duties of state agency. (1) The department shall utilize such available services and assistance of other state agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or calculated to assist substantially in the effective administration of this article.

(2) The department has authority to make such rules and regulations, consistent with the provisions of this article, and to do any and all other acts consistent with the provisions of this article, which it finds to be necessary or proper for the effective administration of this article.

(3) The department has the authority to obtain, by lease or purchase, such equipment, office accommodations, facilities, services, and supplies, and to employ, pursuant to section 13 of article XII of the state constitution, such technical or legal experts or assistants and such other employees, including clerical and stenographic help, as it determines to be necessary or proper to carry out the provisions of this article, and to determine the qualifications, duties, and compensation of such experts, assistants, and other employees.

(4) All other agencies of this state are authorized to assist said department in carrying out the provisions of this article, upon written request of the department, in any manner determined by the department to be necessary or appropriate for the effective administration of this article.
C.R.S. § 35-66-107 — CO Code / Title 35 / Article 66 / Section 35-66-107
35-66-107. Wild horse fertility control program - annual reporting
Status: in_force

35-66-107. Wild horse fertility control program - annual reporting. (1) The wild horse fertility control program is created to provide statewide support and coordination in the management of Colorado wild horse herds, including herds within federal herd management areas, using humane fertility control methods to ensure the long-term sustainability of wild horse herds. Subject to obtaining approval from the bureau when necessary, the wild horse project shall, in operating the fertility control program:

(a) Coordinate and assist in the management of wild horse herd populations;

(b) Make proposals to the bureau;

(c) Coordinate with and enter into contracts or memoranda of understanding with the bureau;

(d) Coordinate with and enter into contracts or partnerships with volunteers, interested groups, and nonprofit entities;

(e) Recruit, train, and facilitate federal training for volunteers, contractors, and staff to perform the functions described in this section;

(f) Collaborate with government agencies that have an interest in wild horses or that may provide resources, including people, to perform the functions described in this section;

(g) Obtain resources to implement the fertility control program; and

(h) Collaborate with, coordinate with, and support local herd management area organizations in performing fertility control or other on-range activities.

(2) For the purposes of this section and section 35-66-106, the wild horse project may:

(a) Seek, accept, and expend gifts, grants, or donations in accordance with section 35-66-104 (4);

(b) Create and administer grant programs to implement the fertility control program and the stewardship program;

(c) Exercise the powers granted in sections 35-66-102 (3) and 35-66-106; and

(d) Form technical, expert, stakeholder, or other advisory committees.

(3) In operating the fertility control program, the wild horse project shall:

(a) Use only humane, proven, nonlethal, and safe fertility control methods that are or are substantially similar to immunocontraceptive fertility control vaccines;

(b) Not use or authorize lethal population management methods; and

(c) Not surgically sterilize or authorize the surgical sterilization of wild horses.

(4) (a) The director shall annually report to the department on the actions taken to meet the requirements of this section. The report must include the activities performed and accomplished in accordance with the fertility control program.

(b) The director may rescind a grant for:

(I) Failure of the grant recipient to perform the duties to accomplish the purpose for which the grant was made;

(II) Lack of effectiveness of the grant recipient's actions concerning the purposes for which the grant was made; and

(III) A lack of consistency with the expectations of the wild horse project in making the grant.

(5) The wild horse project shall begin implementing this section by July 31, 2024.
C.R.S. § 35-7-109 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-109
35-7-109. Agreements with landowners
Status: in_force

35-7-109. Agreements with landowners. Owners of private lands may arrange, under written cooperative agreements with the department and the federal agency in charge of operations, for the control and eradication of rodent pests on their lands.
C.R.S. § 35-53.5-115 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-115
35-53.5-115. Prohibited acts - no liability of state
Status: in_force

35-53.5-115. Prohibited acts - no liability of state. (1) It shall be unlawful for any unauthorized person to reproduce, produce a facsimile of, or use a feedlot certificate in any fashion. Any person who violates this subsection (1) may be subject to appropriate civil or administrative proceedings or both.

(2) The state assumes no liability for persons who misrepresent any product under the authority of this article.
C.R.S. § 35-72-106 — CO Code / Title 35 / Article 72 / Section 35-72-106
35-72-106. Judicial review
Status: in_force

35-72-106. Judicial review. Any landowner aggrieved at the amount of the assessment against his land may bring an action in the district court of the county in which the land is situated to test the validity of the assessment or to enjoin its collection, but such action must be brought within thirty days after the assessment is made and the copy of the resolution of the board is mailed as provided in section 35-72-105 and cannot be brought thereafter.
C.R.S. § 35-10-112.5 — CO Code / Title 35 / Article 10 / Section 35-10-112.5
35-10-112.5. Statewide uniformity of pesticide control and regulation - exceptions
Status: in_force

35-10-112.5. Statewide uniformity of pesticide control and regulation - exceptions. (1) The general assembly hereby determines that:

(a) The citizens of this state benefit from a system of safe, effective, and scientifically sound pesticide regulation;

(b) A system of pesticide regulation that is consistent and coordinated, that creates statewide uniform standards, and that conforms with both state and federal technical standards and requirements is essential to the public health, safety, and welfare, and finds that local regulation of pesticides that is inconsistent with and adopts different standards from federal and state requirements does not assist in achieving these benefits;

(c) Through statute and regulation, the state has created a system of pesticide regulation based upon scientific standards that protects the citizens of this state;

(d) Although the cultivation of marijuana is illegal under federal law and so the use of pesticides in cultivating marijuana is not specifically allowed by any pesticide's label, the cultivation of marijuana is specifically allowed and regulated by Colorado law, and the use of pesticides should be regulated pursuant to this article and rules promulgated pursuant to this article rather than pursuant to local laws; and

(e) Pesticide regulation is a matter of statewide concern.

(2) A local government shall not adopt or continue in effect any ordinance, rule, resolution, charter provision, or statute regarding the use of any pesticide by persons regulated by this article or federal law and pertaining to:

(a) Any labeling or registration requirements for pesticides, including requirements regarding the name of the product, the name and address of the manufacturer, and any applicable registration numbers;

(b) (I) The use and application of pesticides by persons regulated by this article or federal law, including but not limited to, directions for use, classification of pesticides as general or restricted use, mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker specifications, container storage and disposal, required intervals between application and harvest of food or feed crops, rotational crop restrictions, and warnings against use on certain crops, animals, or objects or against use in or adjacent to certain areas.

(II) Subparagraph (I) of this paragraph (b) applies to the use and application of pesticides by persons regulated by this article or federal law in connection with the cultivation of marijuana.

(c) Except as specifically provided in this article, any warnings and precautionary statements, notifications, or statements of practical treatment; or

(d) Licensure, training, or certification requirements for persons regulated under this article, including any insurance and record-keeping requirements.

(3) (a) Nothing in this article may be construed to limit the authority of a local government as defined by state law to:

(I) Zone for the sale or storage of any pesticide, provide or designate sites for disposal of any pesticide or pesticide container, adopt or enforce building and fire code requirements, regulate the transportation of pesticides consistently with and in no more strict of a manner than state and federal law, adopt regulations pursuant to a storm water management program that is consistent with federal or state law, or adopt regulations to protect surface or groundwater drinking water supplies consistent with state or federal law concerning the protection of drinking water supplies;

(II) Take any action specifically authorized or required by any federal or state law or regulation with respect to pesticides, or to take any action otherwise prohibited by this article in order to comply with any specific federal or state requirement or in order to avoid a fine or other penalty under federal or state law;

(III) Regulate the use of pesticides on property owned or leased by the local government;

(IV) Issue local general occupational licenses to persons regulated by this article.

(b) This subsection (3) does not authorize a local government to utilize the police power or the authority to zone, to provide or designate disposal sites, to adopt and enforce building and fire codes, or to regulate the transportation of pesticides as described in paragraph (a) of this subsection (3) to directly or indirectly regulate or prohibit the application of pesticides by persons regulated by this article or by federal law, including in connection with the cultivation of marijuana.

(c) Nothing in this article shall be construed to be an implicit grant of authority to a local government that is not otherwise granted by state law.

(4) Any local government that promulgates an ordinance that concerns pesticides, that is promulgated pursuant to section 31-15-707 (1)(b), C.R.S., or that is promulgated pursuant to any authority described in paragraph (a) of subsection (3) of this section concerning pesticides shall file the following with the department of agriculture:

(a) A certified copy of the ordinance; and

(b) A map or legal description of the geographic area that the local government intends to regulate under the ordinance.
C.R.S. § 35-36-207 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-207
35-36-207. Credit sale contracts - rules
Status: in_force

35-36-207. Credit sale contracts - rules. (1) When a commodity handler purchases commodities for which payment has not been made, the commodity handler, within thirty days after the receipt of the commodities, shall provide the producer or owner of the commodities with the credit sale contract. The credit sale contract must contain the following information:

(a) The class, grade, and quantity of the commodities purchased, and the date of the purchase;

(b) The charges for handling, if any;

(c) The name and address of the producer or owner and the signature of the commodity handler;

(d) The contract number;

(e) The words "not a storage contract" printed in block capital letters in bold-faced type, conspicuously on the first page of the contract;

(f) One or more statements specified by the commissioner by rule, including one that warns a producer that entering into a credit sale contract entails a risk that the bond may not completely protect the producer from loss in the event of a failure of the commodity handler.

(2) (a) A commodity handler or a small-volume commodity handler shall retain records for a period of two years and shall keep the records at the commodity handler's or the small-volume commodity handler's place of business at all times.

(b) (I) With respect to a credit sale contract, a commodity handler shall retain records for a period of two years after the date of completion of the credit sale contract.

(II) The records must reflect those credit sale contracts that have been canceled and those that are still open and be kept at the commodity handler's place of business at all times.

(3) The commissioner shall require an annual report of the status of the credit sale contracts along with the financial statement required in section 35-36-204 (1)(b).

(4) A commodity handler or small-volume commodity handler shall consecutively number all credit sale contracts entered into by the commodity handler and make available copies of the credit sale contracts for inspection and examination by the commissioner or the commissioner's authorized agents.

(5) A commodity handler issuing credit sale contracts shall maintain allowable net assets of not less than twenty-five thousand dollars and shall maintain reserves in an amount equaling or exceeding one hundred percent of the value of all of that commodity handler's open credit sale contracts, which value shall be determined with reference to the daily bid price. The reserves may be in the form of any one or a combination of the following:

(a) Cash;

(b) Commodity assets, including commodities and warehouse receipts or other evidence of storage of commodities;

(c) Credit sale contracts with other commodity handlers licensed by the department; or

(d) An irrevocable letter of credit in favor of the commissioner, which letter of credit is subject to section 35-36-216.

(6) A small-volume commodity handler shall not enter into or offer to enter into a credit sale contract.
C.R.S. § 35-25-109 — CO Code / Title 35 / Article 25 / Section 35-25-109
35-25-109. Labeling of adulterated or artificial products - enforcement
Status: repealed

35-25-109. Labeling of adulterated or artificial products - enforcement. (Repealed)
C.R.S. § 35-70-122 — CO Code / Title 35 / Article 70 / Section 35-70-122
35-70-122. Contributions for purposes of inclusion of conservation districts in the risk ma
Status: in_force

35-70-122. Contributions for purposes of inclusion of conservation districts in the risk management fund. Each conservation district shall contribute moneys, which shall be deposited in the risk management fund, for the conservation district's proportionate share, as determined by the executive director of the department of personnel, of potential claims arising from conservation districts.
C.R.S. § 35-10-122 — CO Code / Title 35 / Article 10 / Section 35-10-122
35-10-122. Civil penalties
Status: in_force

35-10-122. Civil penalties. (1) Any person who violates this article 10 or any rule adopted pursuant to this article 10 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty is two thousand five hundred dollars per violation; except that the penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule for the second time.

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

(3) If the commissioner is unable to collect 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.

(4) Before imposing any civil penalty, the commissioner or a court of competent jurisdiction may consider the effect of such penalty on the ability of the person charged to stay in business.
C.R.S. § 35-2-105 — CO Code / Title 35 / Article 2 / Section 35-2-105
35-2-105. Failure to give information to assessor - penalty
Status: in_force

35-2-105. Failure to give information to assessor - penalty. Any person who is required by this article to give information to the county assessor concerning farm operations, crop production, agricultural resources, livestock, or other matters covered by this article, and who, upon proper request being made, fails, refuses, or neglects to do so, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars and shall pay all costs of the prosecution. All fines and penalties collected under the provisions of this article shall be paid into the school funds of the county in which such conviction is had.
C.R.S. § 35-55-110 — CO Code / Title 35 / Article 55 / Section 35-55-110
35-55-110. Scales
Status: in_force

35-55-110. Scales. All scales used in the operation of public livestock markets shall come under and be controlled by Colorado's weights and measures laws.
C.R.S. § 35-10-115 — CO Code / Title 35 / Article 10 / Section 35-10-115
35-10-115. Qualified supervisor, certified operator, and private applicator licenses - exam
Status: in_force

35-10-115. Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees. (1) Each applicant for a qualified supervisor, certified operator, or private applicator license shall:

(a) Pass a written examination in each class or subclass of pesticide application, or device use, in which he or she wishes to be licensed;

(b) Possess the degree of experience and any other qualifications which may be required by the commissioner for licensure under this section; and

(c) If he wishes to be licensed to engage in aerial application of pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.

(2) Each applicant for licensure under this section shall submit an application providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that such applicant has complied with subsection (1) of this section.

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

(4) Each applicant for a license issued under this section shall pay a license fee in an amount determined by the commissioner, after review by the advisory committee created in section 35-10-125.

(5) The commissioner shall issue licenses to qualified private applicators on and after January 1, 2007. A license issued in Colorado by the United States environmental protection agency, issued to a private applicator before January 1, 2007, shall remain valid for purposes of this article through the expiration date of such license.
C.R.S. § 35-35-105 — CO Code / Title 35 / Article 35 / Section 35-35-105
35-35-105. Right of action for damages
Status: in_force

35-35-105. Right of action for damages. In addition to the penalties provided for in section 35-35-104, a right of action is hereby given to every such seller of cereal products, as damages from any purchaser of such cereal products, the value of all such screenings so wrongfully detained by any such corporation, partnership, association, or individual.
C.R.S. § 35-53-131 — CO Code / Title 35 / Article 53 / Section 35-53-131
35-53-131. Sheep inspection districts
Status: in_force

35-53-131. Sheep inspection districts. (1) The board of county commissioners of any county, upon petition of at least fifty-one percent of the sheep growers of the county, shall request the board to designate such county as a sheep inspection district. The board shall duly authorize a brand inspector to inspect sheep moving from range to range, or any migratory movement of sheep, through such counties.

(2) The authorized brand inspector shall inspect such transitory sheep for a brand or earmarks, and the owner of sheep so inspected shall be given an inspection certificate stating the time and place of inspection.

(3) Any sheep owner in a county designated as a sheep inspection district shall notify the board, or its duly authorized inspector, seven days in advance of any movement of sheep from one range to another. Such inspector shall then designate a corral, convenient to the route to be taken by such band of sheep, where inspection shall be made.
C.R.S. § 35-46-103 — CO Code / Title 35 / Article 46 / Section 35-46-103
35-46-103. Board of arbitration
Status: in_force

35-46-103. Board of arbitration. When any person is trespassed upon or damaged by any livestock or takes into his custody any livestock under section 35-46-102, the claim for damages occasioned by said livestock may be arbitrated by a board of three arbitrators, at the option of the party aggrieved selecting one, the owner of the livestock selecting a second, and the two thus chosen selecting a third. Said arbitrators so chosen shall meet and act as a board of arbitration within five days after a written application is made therefor by either party and written notice given to the other party. It is the duty of the person so taking into custody such livestock to notify in writing within five days after the taking into custody thereof the owner or person in charge of such livestock. If the owner or person in charge of such livestock is not known to the person taking the livestock into custody or cannot be found after diligent search and inquiry, then the person so taking custody of such livestock shall publish within one week a notice containing a full description of such livestock, including all marks and brands as nearly as can be ascertained, in a paper published nearest the place where the alleged damage occurred. In the event the owner of such livestock cannot be found within ten days after the date of the publication of such notice, the livestock shall be an estray and the state board of stock inspection commissioners shall be entitled to said livestock subject to the lien for damage sustained and cost and care and feeding of the same by the person taking such livestock into custody. Such person shall deliver the same to the owner thereof whenever such owner furnishes the person so damaged by such livestock a bond in double the amount of the damage claimed, executed by two responsible persons, said bond to be satisfactory to such damaged party or approved by a county judge or district judge of such county, conditioned upon the payment to the person taking custody of such livestock all damages and costs, if any such damages or costs are awarded.
C.R.S. § 35-9-127 — CO Code / Title 35 / Article 9 / Section 35-9-127
35-9-127. Advisory committee
Status: in_force

35-9-127. Advisory committee. An advisory committee, as established pursuant to article 10 of this title, shall assist the commissioner as set forth therein and in developing rules and regulations to carry out the provision of this article.
C.R.S. § 35-14-113 — CO Code / Title 35 / Article 14 / Section 35-14-113
35-14-113. Method of sale - special food products
Status: repealed

35-14-113. Method of sale - special food products. (Repealed)
C.R.S. § 35-80-106 — CO Code / Title 35 / Article 80 / Section 35-80-106
35-80-106. Pet animal facility license - renewal
Status: in_force

35-80-106. Pet animal facility license - renewal. (1) Each pet animal facility shall apply to renew its license on or before the expiration date of the license. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the required renewal fee.

(2) If the application for renewal is not postmarked on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed. No license shall be renewed until the renewal fee and any penalty fee are paid.

(3) If the application and fee for renewal are postmarked later than one calendar month after the expiration date of the license, the license shall not be renewed and the pet animal facility shall apply for a new license.

(4) The commissioner may refuse to renew a license pursuant to this section for failure to pay an outstanding civil penalty imposed under section 35-80-113.
C.R.S. § 35-53.5-106 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-106
35-53.5-106. Application - fees - rules
Status: in_force

35-53.5-106. Application - fees - rules. (1) Each person seeking certification of a feedlot shall make application to the board on forms prescribed and furnished by the board. The board may reject any applicant who does not meet the minimum requirements for certification as set forth in rules of the board.

(2) An annual certification fee in an amount determined by the board by rule shall accompany the application.
C.R.S. § 35-5-105 — CO Code / Title 35 / Article 5 / Section 35-5-105
35-5-105. Advisory committee
Status: in_force

35-5-105. Advisory committee. After the formation of a pest control district and before any weed or pest control program has been initiated by the county pest inspector, the board of county commissioners shall appoint an advisory committee of five or more members, who shall serve at the pleasure of the board of county commissioners. Should a vacancy occur, the board of county commissioners shall fill the vacancy by appointment within thirty days. The committee members may be resident landowners or resident lessees and, insofar as is practical, shall have a practical knowledge of weed and pest control and shall geographically represent the district.
C.R.S. § 35-11-105 — CO Code / Title 35 / Article 11 / Section 35-11-105
35-11-105. Issuance of provisional chemigation permit - fees
Status: in_force

35-11-105. Issuance of provisional chemigation permit - fees. (1) On and after July 1, 1987, and before January 1, 1990, any person who intends to utilize chemigation may, before commencing, file with the department an application for a provisional chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department.

(2) The applicant for a provisional chemigation permit shall, on the application, certify that the irrigation system for which he is seeking a permit includes properly installed and functioning equipment in compliance with section 35-11-107.

(3) Upon receipt of a complete application for a provisional chemigation permit, the department may issue a provisional chemigation permit to the applicant for a specific irrigation system. The permit holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.

(4) The fee for a provisional chemigation permit and the annual renewal permit shall be established by rule and regulation of the commissioner and shall reflect all direct and indirect costs for the administration of this article but shall not exceed fifty dollars. The inspection fee for a provisional chemigation permit shall be established by the commissioner and shall reflect all direct and indirect costs of the inspection but shall not exceed forty dollars. A provisional chemigation permit shall expire on March 31 of the year subsequent to the date the provisional chemigation permit was issued. The reinstatement fee for an expired provisional chemigation permit shall be double the amount of the fee for a provisional chemigation permit. A provisional chemigation permit shall not be assignable. The amount of indirect costs assessed under this subsection (4) shall be based on the number of FTE in the program expressed as a percentage of the total FTE in the department. In no case shall the indirect costs assessment exceed this percentage.

(5) In the event that a ground water management district contracts with the department for the enforcement of the provisions of this article pursuant to the provisions of section 35-11-113, the amount of the provisional fee and the annual renewal fee for persons utilizing chemigation within such district shall be in an amount up to twenty dollars, as established by the commissioner. There shall be no state inspection fee for inspections made within such district.
C.R.S. § 35-27.3-106 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-106
35-27.3-106. Record-keeping requirements - annual record reviews
Status: repealed

35-27.3-106. Record-keeping requirements - annual record reviews. (1) Each person growing potatoes in this state in lots of one acre or greater shall keep and maintain records, by cultivar and by field, of the hundredweight of potato cultivar or cultivars planted per field. The records shall contain the information required for an independent records review conducted pursuant to paragraph (b) of subsection (2) of this section. Growers shall maintain the records for a period of at least two years at the grower's business address.

(2) (a) The commissioner shall select a qualified department employee to perform a records review on at least ten percent of potato growers subject to this article 27.3 once every seed potato crop cycle. The commissioner shall determine a method for the annual random selection of growers. The area committee for 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 35, shall pay the actual costs of such records reviews.

(b) A records review performed pursuant to this section shall verify records that trace back the grower's potatoes, including records that evidence the following:

(I) Acreage planted by cultivar; and

(II) Hundredweight and source of the seed used to plant the acreage, with verifiable documents related to:

(A) For seed potatoes purchased, the documents described in section 35-27.3-104 (2) and (3); or

(B) For seed potatoes planted pursuant to section 35-27.3-105 (2), the testing history and seed potatoes used to replant the grower's own operations.

(3) Repealed.
C.R.S. § 35-26-111 — CO Code / Title 35 / Article 26 / Section 35-26-111
35-26-111. Rules and regulations
Status: in_force

35-26-111. Rules and regulations. The commissioner is hereby authorized and directed to promulgate such rules and regulations as he may deem necessary and proper for the furtherance and enforcement of the provisions of this article. Such rules and regulations shall be promulgated in accordance with applicable provisions of article 4 of title 24, C.R.S.
C.R.S. § 35-55-103 — CO Code / Title 35 / Article 55 / Section 35-55-103
35-55-103. License fee - rules
Status: in_force

35-55-103. License fee - rules. No person shall engage in the operation of a public livestock market within the state of Colorado without first procuring a license from the state board of stock inspection commissioners and paying a fee prescribed by the board in an amount sufficient to cover the administrative costs of the licensing provisions of this article. The license may be renewed by eligible applicants in accordance with an expiration and renewal schedule established in rules promulgated by the commissioner of agriculture. An application for a license to establish and operate public livestock markets shall be in writing upon a blank form to be furnished by the board and shall be accompanied by the fee prescribed by the board pursuant to this section. If the board does not issue a license or renewal, the fee must be returned to the applicant.
C.R.S. § 35-3-106 — CO Code / Title 35 / Article 3 / Section 35-3-106
35-3-106. Administration of funds
Status: in_force

35-3-106. Administration of funds. (1) The department is authorized to receive on behalf of this state all grants of money or other aid made available from any source to assist the state in carrying out the policy and purposes of this article. All such money or other aid, together with any moneys appropriated or other provision made by this state for such purpose, shall be forthwith available to said department as the agency of the state subject, in the case of any funds or other aid received upon conditions, to the conditions upon which such funds or other aid has been received, for the purpose of administering this article and may be expended by the department in carrying out such state plans or in otherwise effectuating the purposes and policies of this article, but shall not be expended or disposed of for any other purposes, nor shall any funds made available to the department for purposes other than the administration of this article be expended or otherwise disposed of in connection with the administration of this article except in providing services and assistance in the administration of this article pursuant to the provisions of section 35-3-104 and in such case only to the extent that such funds are properly available for such purpose and subject in such cases to reimbursement of the funds so expended pursuant to the provisions of section 35-3-107.

(2) Subject to any conditions upon which any such money or other aid is made available to the state and to the terms of any applicable plan made effective pursuant to this article, such expenditures may include, but need not be limited to, expenditures for administrative expenses, equipment, cost of research and investigation, cost of educational activities, compensation and expenses of members of the state advisory committee, reimbursement to other state agencies or to voluntary committees or associations of agricultural producers for costs to such agencies, committees, or associations of assistance in the administration of this article, requested in writing by the department and rendered to the department, reimbursement of any other fund from which it has made expenditures in providing services in the administration of this article pursuant to the provisions of section 35-3-104, payments to agricultural producers provided for in any plan made effective pursuant to this article, salaries of employees, and all other expenditures requisite to carrying out the provisions and purposes of this article.

(3) The department shall provide for the keeping of full and accurate accounts as such state agency, separate from its accounts kept in its other capacities, showing all receipts and expenditures of moneys, securities, or other property received, held, or expended under the provisions of this article and shall provide for the auditing of all such accounts and for the execution of surety bonds for all employees entrusted with moneys or securities under the provisions of this article.
C.R.S. § 35-28-104 — CO Code / Title 35 / Article 28 / Section 35-28-104
35-28-104. Definitions
Status: in_force

35-28-104. Definitions. As used in this article 28, unless the context otherwise requires:

(1) (a) "Agricultural commodity" means any agricultural, horticultural, floricultural, viticultural, and vegetable products, livestock and livestock products, wheat, hay, corn, millet, bees and honey, poultry and poultry products, and milk and milk products, either in their natural state or as processed, including any marketable agricultural product, but does not include sugar beets, timber and timber products, oats, malting barley, barley, hops, rice, milo, and other feed grains. These exceptions are the sole exemptions, irrespective of any other exemptions provided by law, and particularly as set forth in section 35-28-122.

(b) Nothing in paragraph (a) of this subsection (1), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a floricultural operation.

(2) "Commissioner" means the commissioner of agriculture or his duly authorized representative.

(3) "Distributor" means any person engaged in the operation of selling, offering for sale, marketing, or distributing an agricultural commodity which he has produced, purchased, or acquired from a producer, handler, or other distributor, or which he is marketing in behalf of a producer, handler, or other distributor, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this section except a retailer who purchases or acquires from, or handles on behalf of any producer, handler, or other distributor an agricultural commodity not theretofore subject to regulation by the marketing order covering such commodity.

(4) "Grade" means the official United States or Colorado terminology applied to agricultural commodities as determined by the presence or absence of certain quality and other factors.

(5) "Handler" means any person engaged in the operation of purchasing, packing, grading, selling, offering for sale, or marketing any marketable agricultural product; or any person who, as the producer, owner, agent, or otherwise, ships or causes an agricultural product to be shipped; or any governmental entity that obtains from a producer any interest in an agricultural commodity covered by a marketing agreement or order in connection with a governmental agricultural commodity program. The commissioner shall have the power to determine or specify who is a "handler" with respect to an agricultural commodity under a marketing agreement or order.

(6) "Marketable agricultural product" is a product which meets the requirements for regulation under any marketing order, marketing agreement, or regulation in effect in the area in which the same is produced, handled, or distributed.

(7) "Marketing agreement" means a voluntary agreement between producers, handlers, processors, or distributors and the commissioner of agriculture in which the producers, handlers, processors, or distributors who sign such agreement agree to follow certain rules set forth by the agreement.

(8) "Marketing order" means an order issued by the commissioner of agriculture pursuant to this article, prescribing rules and regulations governing the processing, distributing, sale of, or handling in any manner of any agricultural commodity in Colorado during any specified period or periods.

(9) "Person" means an individual, firm, corporation, association, or any other business unit.

(10) "Processor" means any person engaged in the operation of producing for processing, or in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of an agricultural product for the purpose of marketing such commodity, but shall not include a person engaged in manufacturing from an agricultural commodity, so changed in form, another and different product.

(11) "Producer" means any person engaged within this state in the business of producing, or causing to be produced for market, any agricultural commodity.

(12) "Product" means an agricultural commodity which has been placed in condition for sale or distribution.

(13) "Retailer" means any person who purchases or acquires any agricultural commodity for resale at retail to the general public at a fixed business location in the state for consumption off such premises, but such person shall also be included within the definition of distributor, as set forth in this section, to the extent that he engages in the business of a distributor as defined in this section.

(14) "To distribute" means to engage in the business of a distributor as defined in this section.

(15) "To handle" means to engage in the business of a handler as defined in this section.

(16) "To process" means to engage in the business of a processor as defined in this section.

(17) "Unfair competition" means the use of unfair methods of competition and unfair or deceptive practices in business for the purpose of, or having the natural and probable effect of, eliminating or injuring competition, and shall include, but not be limited to: Sales below cost, except those made in good faith to meet a legal price of a competitor; discriminatory pricing; discriminatory discounting and rebating, either direct or indirect; unreasonable extensions of credit; subsidizing of customers; misleading labeling or advertising; and solicitation by misleading or false statements.
C.R.S. § 35-57-110 — CO Code / Title 35 / Article 57 / Section 35-57-110
35-57-110. Expenses of members
Status: in_force

35-57-110. Expenses of members. Members, officers, and employees of the board may receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The board shall adopt uniform and reasonable regulations governing the incurring and paying of such expenses.
C.R.S. § 35-33-406 — CO Code / Title 35 / Article 33 / Part 4 / Section 35-33-406
35-33-406. Violations - criminal penalty
Status: in_force

35-33-406. Violations - criminal penalty. Any person who violates this article 33 or any rule promulgated under this article 33 commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 35-38-108 — CO Code / Title 35 / Article 38 / Section 35-38-108
35-38-108. Death or incapacitation of equipment dealer
Status: in_force

35-38-108. Death or incapacitation of equipment dealer. (1) If an equipment dealer dies or becomes incapacitated, the supplier shall repurchase the inventory from the estate pursuant to the inventory repurchase provision of section 35-38-104 as if the supplier had terminated the dealer agreement. The guardian, the executor, or, if the dealer dies intestate, the heirs shall have six months from the date of the dealers incapacity or death to submit inventory for repurchase.

(2) Nothing in this section shall be construed to require a supplier to repurchase inventory if the supplier and a dealer's family member have entered into a new dealer agreement.

(3) Nothing in this section shall be construed to entitle a guardian, heir, or personal representative of an incapacitated or deceased dealer to operate a dealership for more than six months after the dealer's incapacity or death without the consent of the supplier.

(4) This section shall be supplemental to an agreement between the dealer and the supplier that covers the return of equipment, attachments, and repair parts.

(5) Nothing in this section shall be construed to limit the right of a supplier to charge back to the dealer's account amounts previously paid or credited as a discount pertaining to the equipment dealer's purchase of equipment.

(6) For the purposes of this section, "dealer" means an owner, an equal or majority partner, or the majority stockholder of a corporation who operates as an equipment dealer.
C.R.S. § 35-13-105 — CO Code / Title 35 / Article 13 / Section 35-13-105
35-13-105. Restriction of use of containers
Status: in_force

35-13-105. Restriction of use of containers. (1) No person, firm, or corporation, other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver, or permit to be delivered, or use in any manner any anhydrous ammonia storage tank, mobile transportation tank, or tank-mounted applicator for any other purpose whatsoever.

(2) No person shall fill, refill, deliver, or permit to be delivered any anhydrous ammonia storage tank, mobile transportation tank, or tank-mounted applicator that has not been registered in compliance with the provisions of this article and rules promulgated pursuant to this article.
C.R.S. § 35-24.5-107 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-107
35-24.5-107. Powers and duties of the commissioner
Status: in_force

35-24.5-107. Powers and duties of the commissioner. (1) To carry out the provisions of this article, the commissioner is authorized to adopt appropriate rules pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:

(a) Fees to fund all direct and indirect costs of the administration and enforcement of this article and article 5.5 of title 33, C.R.S.;

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

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

(2) Nothing in this section diminishes or supersedes the authority of the division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.

(3) The commissioner shall institute appropriate programs to assist in the protection, growth, and promotion of the aquaculture industry in the state.

(4) The commissioner shall provide facilities and support to the board for use in carrying out its duties.

(5) The commissioner shall provide for the issuance of permits for aquaculture facilities and shall establish permit fees to offset the costs of regulating the aquaculture industry.

(6) The commissioner shall enforce all rules and regulations concerning aquaculture except those which relate to fish health, or to the spread of aquatic diseases, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which rules and regulations shall be enforced by the division.

(7) The commissioner may contract for the services of any certified aquatic disease laboratory or certified aquatic disease specialist in this state or in any other state, or with any other government agency, through intergovernmental agreement, contract, or memorandum of understanding to implement and enforce the rules and regulations of the commissioner.

(8) The commissioner may quarantine aquaculture facilities subject to the review of the aquaculture board pursuant to section 35-24.5-105 (3).

(9) Nothing in this section shall be construed to conflict with or to supersede the authority of the Colorado department of public health and environment to regulate the growing, harvesting, and shipping of molluskan shellfish or any other processed fish or seafood products intended for human consumption.
C.R.S. § 35-7-114 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-114
35-7-114. Charges against landowner - lien rights
Status: in_force

35-7-114. Charges against landowner - lien rights. Whenever any county has been required to pay any expense charged against any landowners, under a cooperative agreement or otherwise, on account of such pest control operations conducted upon or for the benefit of his or her lands, such county shall have a lien upon such lands for the amount so paid or for such lesser amount as such landowner shall be adjudged to pay after a hearing before the board of county commissioners.
C.R.S. § 35-43-211 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-211
35-43-211. Grounds for search warrant
Status: in_force

35-43-211. Grounds for search warrant. If a person who, within thirty days, has killed any livestock or, in that person's absence, the person in charge of the premises where the livestock was killed fails or refuses to produce the hide of the livestock, any sheriff, deputy, or regular brand inspector may seize and take possession of the meat of such livestock and hold the meat until the hide is produced and, before or after the seizure of the meat, may seek a search warrant for the theft of livestock and the meat thereof as the property of an unknown owner. The failure to produce such hide upon demand shall be sufficient grounds upon which to base the affidavit for the search warrant, and the procedure on complaint for a search warrant shall be as provided in part 3 of article 3 of title 16, C.R.S.
C.R.S. § 35-10-128 — CO Code / Title 35 / Article 10 / Section 35-10-128
35-10-128. Repeal of article - review of functions
Status: repealed

35-10-128. Repeal of article - review of functions. This article 10 is repealed, effective September 1, 2034. Before the repeal, this article 10 is scheduled for review in accordance with section 24-34-104. As part of its review, the department of regulatory agencies shall report on the extent of local regulation of pesticides pursuant to section 31-15-707 (1)(b) or under the police power of any political subdivision of the state.
C.R.S. § 35-5-106 — CO Code / Title 35 / Article 5 / Section 35-5-106
35-5-106. Pest inspector, deputies, and employees
Status: in_force

35-5-106. Pest inspector, deputies, and employees. The board of county commissioners of the county concerned may appoint a qualified person, subject to the approval of the commissioner and district advisory committee, as county pest inspector. It is the duty of said inspector to carry out his duties as provided in this article under the direction of the board and the commissioner. The inspector, with the approval of the board, may employ such deputies and employees as are necessary to perform his duties under this article. The salary of the inspector and of his deputies and employees shall be determined by the board.
C.R.S. § 35-80-116 — CO Code / Title 35 / Article 80 / Section 35-80-116
35-80-116. Pet animal care and facility fund - fees - fines
Status: in_force

35-80-116. Pet animal care and facility fund - fees - fines. (1) All fees collected pursuant to this article 80 shall be transmitted to the state treasurer who shall credit the fee to the pet animal care and facility fund, which fund is hereby created. All money credited to the fund is a part of the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. Notwithstanding the provisions of this section to the contrary, all interest derived from the deposit and investment of this fund shall be credited to the general fund, in accordance with section 24-36-114. The general assembly shall make annual appropriations from the fund to the department of agriculture for direct and indirect expenses incurred in carrying out the purposes of this section.

(2) All civil fines collected pursuant to this article 80 shall be transmitted to the state treasurer, who shall credit them to the general fund.
C.R.S. § 35-72-102 — CO Code / Title 35 / Article 72 / Section 35-72-102
35-72-102. Duty of landowner - liability for damage
Status: in_force

35-72-102. Duty of landowner - liability for damage. (1) To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil.

(2) Any owner or occupier who sustains damages to his property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of any other owner or occupier of other land to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction.

(3) Any unit of state government or any agency of the state or federal government which sustains damages to any of its property, including but not limited to roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from such owner or occupier by bringing an action in any court of competent jurisdiction.

(4) Such recourse to the court may be taken only upon demonstration that such owner, occupier, unit, or agency of government allegedly sustaining damages has submitted a written report of soil blowing to the board pursuant to section 35-72-103.

(5) In any action brought under this section, any preventive practice followed by an owner or occupier pursuant to a citation issued by a board pursuant to the provisions of section 35-72-103 is not an admission of tort liability, in any such action, and no determination of the board shall give rise to a presumption of negligence or lack of negligence of an owner or occupier.

(6) The provisions of this section shall not apply to any land less than one acre in area.
C.R.S. § 35-1-115 — CO Code / Title 35 / Article 1 / Section 35-1-115
35-1-115. Agriculture and drought resilience - cash fund - legislative declaration - repea
Status: repealed

35-1-115. Agriculture and drought resilience - cash fund - legislative declaration - repeal. (Repealed)
C.R.S. § 35-1-119 — CO Code / Title 35 / Article 1 / Section 35-1-119
35-1-119. Wild horse population management - repeal
Status: repealed

35-1-119. Wild horse population management - repeal. (1) Subject to obtaining approval from the United States bureau of land management in the department of the interior, the department may assist with managing wild horse populations using fertility control management methods that are or are substantially similar to immunocontraceptive fertility control vaccines. The department may also support on-range stewardship and management to ensure the sustainability of wild horses and wild horse ranges. In implementing this subsection (1), the department may:

(a) Enter into contracts or interagency agreements with private entities, individuals, tribes, local governments, or the United States bureau of land management in the department of the interior; and

(b) Cooperate with:

(I) The United States bureau of land management in the department of the interior;

(II) The Southern Ute Tribe;

(III) The Ute Mountain Ute Tribe;

(IV) Local governments;

(V) Other state agencies;

(VI) Volunteers;

(VII) Contractors; and

(VIII) Interested groups or individuals.

(2) This section is repealed, effective December 31, 2025.
C.R.S. § 35-72-103 — CO Code / Title 35 / Article 72 / Section 35-72-103
35-72-103. Action by county commissioners - emergency conditions
Status: in_force

35-72-103. Action by county commissioners - emergency conditions. (1) (a) When the board of a county of the state is advised in writing or otherwise informed that soil is blowing from land in the county; the board is supplied with a description of the land; and it appears that private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or roads, barrow ditches, fences or other public property is being damaged by the blowing soil, the board shall as soon as practicable:

(I) Give notice of the complaint to the owner or occupier of the land from which soil is blowing; and

(II) Inspect or order the inspection of the land.

(b) If the board finds, after consultation with the local district board of directors, the state conservation board, or an extension agent with expertise in soil conservation or soil science, and after consultation with local owners or occupiers, including the owner or occupier of the land from which soil is blowing, that soil is blowing from the land in sufficient quantity to be injurious to private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, barrow ditches, fences, or other public property because of soil being blown thereon, the board shall determine what, if anything, can be done to prevent or materially lessen the blowing of soil from the land. If the board determines, after the consultation, that the complaint lodged with it falls under article 3.5 of this title, the board shall not take further action. If the board finds, after the consultation, that an emergency exists, that the blowing is occurring, that property damage appears to be resulting from the blowing soil, and that it can be prevented or materially lessened by treatment of the soil, the board shall issue a citation to the owner as listed upon the records of the county assessor and to the occupier, if known to the board, specifying the nature of the treatment required and the extent thereof, the date by which the treatment is to be commenced, and the date it is to be completed.

(2) Notice of such citation shall be given by personal communication, if possible, and by mailing a copy thereof by registered mail addressed to each of the persons to whom the citation is directed at the address as shown on the records of the county assessor; otherwise, service of such citation shall be made as provided by the Colorado rules of civil procedure for the service of summons. Such citation shall also be posted in a public place in the county courthouse in the county in which said land is located. If such treatment is not commenced on or before three days or within such greater time as may be specified in such citation after the date of such personal communication, mailing, and posting or the service of notice as provided in this subsection (2), or if the treatment is not performed in the manner and to the extent specified in the citation and in a workmanlike manner and with due diligence, or if, prior to the expiration of the date fixed in said citation, the persons to whom said citation is directed advise the board that they do not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation.

(3) The provisions of this section shall not apply to any land less than one acre in area.
C.R.S. § 35-40-115 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-115
35-40-115. Enforcement
Status: repealed

35-40-115. Enforcement. (1) to (3) Repealed.

(4) Whenever it appears to the commissioner, upon sufficient evidence satisfactory to the commissioner, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this part 1 or of any rule or of any order promulgated under this part 1, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order 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.

(5) (a) Any person who violates any provision of this part 1 or any regulation made pursuant to this part 1 is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.

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

(c) If the 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 recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(d) Whenever the commissioner is found to have lacked substantial justification to impose a civil penalty, the person charged may recover his costs and attorney fees from the department of agriculture.

(e) Moneys collected from any civil penalties under the provisions of this section shall be paid to the state treasurer, who shall credit the same to the general fund.

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

(6) The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey 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.
C.R.S. § 35-25-105 — CO Code / Title 35 / Article 25 / Section 35-25-105
35-25-105. Rules and regulations
Status: in_force

35-25-105. Rules and regulations. (1) The commissioner is authorized to adopt rules and regulations pursuant to the provisions of article 4 of title 24, C.R.S., for the administration of this article.

(2) The powers and duties of the commissioner under this article may be delegated by the commissioner to employees of the department of agriculture designated by him.
C.R.S. § 35-7-113 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-113
35-7-113. Itemized accounts
Status: in_force

35-7-113. Itemized accounts. The department shall keep itemized accounts of the actual expenses of materials and labor in connection with the control and eradication of rodent pests, whether such work is done under cooperative agreements with owners, lessees, or contract holders or otherwise.
C.R.S. § 35-23-112 — CO Code / Title 35 / Article 23 / Section 35-23-112
35-23-112. Appeal of inspection
Status: in_force

35-23-112. Appeal of inspection. Any interested party, who is dissatisfied with any classification of grades of any fruits, vegetables, or other agricultural products made as the result of inspection under this article, within such time after the inspection and in such manner as shall be prescribed by the commissioner, may appeal to the commissioner, and the commissioner is directed to promulgate rules and regulations governing the time and manner of such appeal. Upon such appeal to him being regularly taken, the commissioner shall cause such investigation to be made and such tests to be applied as he may deem necessary to determine the true grade or classification in the particular case in question and shall issue a finding determining the true grade or classification in the particular case. Whenever an appeal to the commissioner is taken, he shall fix and assess, and collect or cause to be collected, the established fee for an original inspection for each such appeal, which shall be uniform and which shall be refunded to the person paying the same, if the findings of the commissioner on appeal are to the effect that the grade or classification as determined and certified on the original inspection was erroneous and a new or different grade or classification is determined by the commissioner. Any reinspection certificate issued as the result of an appeal shall supersede the original inspection certificate.
C.R.S. § 35-31-102 — CO Code / Title 35 / Article 31 / Part 1 / Section 35-31-102
35-31-102. Applicable to unmatured foods
Status: in_force

35-31-102. Applicable to unmatured foods. This part 1 shall apply to the destruction of unripe or unmatured food products or articles as well as to the destruction of the same when matured or ready for marketing.
C.R.S. § 35-11-111 — CO Code / Title 35 / Article 11 / Section 35-11-111
35-11-111. Inspections - entry upon land
Status: in_force

35-11-111. Inspections - entry upon land. (1) Each irrigation system for which a permit has been issued may be inspected once every two years.

(2) Prior to an inspection, the inspector shall notify a permit holder of the time and date of an inspection. The inspector shall inform the permit holder that he is entitled to be present at the inspection. If a permit holder denies access to an inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the permit holder's land is located. The court shall issue such inspection warrant upon presentation by the inspector of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being violated or has been violated, or the information showing that such entry and inspection is required in order to determine whether the provisions of this article are being complied with, as the case may be, that the inspector notified the permit holder of an inspection, that the inspector was denied access by the permit holder, and a general description of the location of the affected land.

(3) Each irrigation system subject to the provisions of this article which has not been issued a permit pursuant to the provisions of this article may be inspected, without prior notice, by an inspector who has information which gives him reasonable cause to believe that any provision of this article is being violated. If the landowner denies access to the inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the landowner's land is located. The district court shall issue such inspection warrant upon presentation by an inspector of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being violated or has been violated, that the landowner has denied access to the inspector, and a general description of the location of the affected land.

(4) Except as otherwise provided in section 35-11-113, inspectors shall be employees of the department.
C.R.S. § 35-25-103 — CO Code / Title 35 / Article 25 / Section 35-25-103
35-25-103. Enforcement
Status: in_force

35-25-103. Enforcement. (1) The commissioner or his authorized agents are authorized and directed to enforce the provisions of this article.

(2) (a) If it appears to the commissioner after examination of the facts that a violation of any provision of this article has occurred, he may refer the facts to the district attorney for the county in which the violation occurred.

(b) Nothing in this article shall be construed as requiring the commissioner to report for prosecution minor violations of this article or rules and regulations when the commissioner believes that the public interest will best be served by a suitable notice of warning in writing.

(3) Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted in any competent court without delay.

(4) The commissioner may, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this article.

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

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

(c) If the commissioner is unable to collect 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 recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(d) Whenever the commissioner is found to have lacked substantial justification to impose a civil penalty, the person charged may recover his costs and attorney fees from the department of agriculture.

(e) Moneys collected from any civil penalties under the provisions of this section shall be paid to the state treasurer, who shall credit the same to the bee inspection fund.

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

(6) The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey 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.
C.R.S. § 35-65-405 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-405
35-65-405. Colorado state fair authority - board of commissioners - enterprise status
Status: in_force

35-65-405. Colorado state fair authority - board of commissioners - enterprise status. (1) The Colorado state fair authority and the board of commissioners of the Colorado state fair authority, created pursuant to section 35-65-401, shall constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as the board retains the authority to issue revenue bonds and the Colorado state fair authority receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), C.R.S., from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (1), the authority and the board shall not be subject to any provisions of section 20 of article X of the state constitution.

(2) For purposes of part 2 of article 72 of title 24, C.R.S., the records of the Colorado state fair authority and the board of commissioners of the Colorado state fair authority shall be public records, as defined in section 24-72-202 (6), C.R.S., regardless of whether the authority and the board constitute an enterprise pursuant to subsection (1) of this section.
C.R.S. § 35-5.5-104.5 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-104.5
35-5.5-104.5. Intentional introduction, cultivation, or sale of noxious weeds - costs
Status: in_force

35-5.5-104.5. Intentional introduction, cultivation, or sale of noxious weeds - costs. (1) (a) It shall be unlawful to intentionally introduce, cultivate, sell, offer for sale, or knowingly allow to grow in violation of this article or any rule promulgated hereunder in this state any noxious weed designated pursuant to section 35-5.5-108 (2)(a); except that this prohibition shall not apply to:

(I) Research sanctioned by a state or federal agency or an accredited university or college;

(II) Activities specifically permitted by the commissioner;

(III) Noxious weed management plans that are part of an approved reclamation plan pursuant to section 34-32-116 (7) or 34-32.5-116 (4), C.R.S.;

(IV) Noxious weed management activities that are conducted on disturbed lands as part of an approved reclamation plan pursuant to section 34-33-111 (1), C.R.S.; or

(V) Noxious weed management activities that are part of activities conducted on disturbed lands pursuant to section 34-60-106 (12), C.R.S.

(b) It shall not be a violation of this section for a person to knowingly allow to grow a state noxious weed that is being properly managed in accordance with the rules promulgated by the commissioner.

(2) Any entity or person that violates the provisions of this section shall be responsible for the costs associated with remediation of the noxious weeds. In assessing the cost of remediation, the commissioner may include both actual immediate and estimated future costs to achieve specified management objectives.
C.R.S. § 35-33-204 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-204
35-33-204. Sale of adulterated or diseased meat
Status: repealed

35-33-204. Sale of adulterated or diseased meat. (Repealed)
C.R.S. § 35-27-116 — CO Code / Title 35 / Article 27 / Section 35-27-116
35-27-116. Enforcement
Status: in_force

35-27-116. Enforcement. (1) The commissioner, pursuant to the provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S., shall enforce the provisions of this article. After an investigation, the commissioner may, through the attorney general, enforce any of the provisions of this article, including recovering any money due the department or any penalty assessed pursuant to this article, and defend any suit or action brought against the commissioner or the department under this article.

(2) (a) If the commissioner has reasonable cause to believe a violation of this article is occurring and determines that immediate action is necessary, the commissioner may issue a cease-and-desist order. Such cease-and-desist order shall be issued to the alleged violator and shall set forth the alleged violation, the facts which constitute such violation, and an order that all such violative conduct immediately cease.

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

(c) No stay of a cease-and-desist order shall be issued before a hearing has been held at which both parties have had an opportunity to appear.

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

(3) (a) If the commissioner determines that a person has engaged in or is about to engage in any act or practice violating any provision of this article, any rule or regulation, or any order issued under this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain such person or enjoin the violative practice.

(b) In any action taken pursuant to paragraph (a) of this subsection (3), the court shall not require the commissioner to:

(I) Plead or prove irreparable injury or inadequacy of a remedy at law; or

(II) Post a bond.

(4) (a) Any lot of seed which is sold, offered or exposed for sale, bartered, or distributed in violation of this article shall be subject to embargo on complaint of the commissioner to a court of competent jurisdiction for the area in which such lot of seed is located.

(b) If the court finds, pursuant to paragraph (a) of this subsection (4), seed to be in violation of this article and orders the embargo and condemnation of such seed, such seed shall be, pursuant to court order, conditioned, denatured, destroyed, relabeled, or otherwise disposed of in a manner consistent with the quality of such seed.
C.R.S. § 35-11-107 — CO Code / Title 35 / Article 11 / Section 35-11-107
35-11-107. Equipment and installation requirements
Status: in_force

35-11-107. Equipment and installation requirements. (1) An irrigation system utilizing chemigation on and after January 1, 1990, or an irrigation system which has been issued a provisional chemigation permit shall have, as component parts thereof, a properly installed and functioning:

(a) Backflow prevention check valve and vacuum relief valve between the main check valve and the irrigation pump;

(b) Inspection port to check the performance of the check valve on the irrigation pipeline;

(c) Automatic low-pressure drain placed between the main check valve and the irrigation pump so that a chemical will drain away from the source of water supply;

(d) Check valve in the chemical injection line; and

(e) Simultaneous interlock device between the power system of the chemical injection unit and the irrigation pumping plant to protect the water supply from contamination in the event such pumping plant ceases to operate.

(2) An irrigation system which would otherwise be subject to all of the requirements of subsection (1) of this section may be exempted from one or more of such requirements if the owner of such irrigation system can demonstrate that the possibility of the source of water from which the irrigation system draws its water cannot be polluted or contaminated as the result of utilizing such irrigation system for chemigation.
C.R.S. § 35-2-104 — CO Code / Title 35 / Article 2 / Section 35-2-104
35-2-104. Failure to give information to commission - penalty
Status: in_force

35-2-104. Failure to give information to commission - penalty. Any person having in his possession information necessary to carrying out the purposes of this article, who fails or refuses to furnish such information to the state agricultural commission upon proper request by the commissioner of agriculture, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars and costs of prosecution. Any county or state official who fails or refuses to collect or compile for the state agricultural commission such information as he is required by this article to collect and compile, when properly requested by the commissioner of agriculture so to do, and who is supplied with proper blanks for collecting and compiling the same, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars and costs of prosecution.
C.R.S. § 35-27-118 — CO Code / Title 35 / Article 27 / Section 35-27-118
35-27-118. Civil penalties
Status: in_force

35-27-118. Civil penalties. (1) (a) Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner.

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

(II) The commissioner may request advice from the arbitration council in assessing a fine pursuant to this section.

(c) The maximum penalty imposed by the commissioner shall not exceed two thousand five hundred dollars per violation.

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

(3) If the commissioner is unable to collect a civil penalty or if any person fails to pay all or a set portion of such civil penalty, the commissioner is authorized to retain the attorney general pursuant to section 35-27-116 to bring suit to recover such penalty. In any action brought pursuant to this section the commissioner shall be entitled to recover costs and reasonable attorney fees.
C.R.S. § 35-14-124 — CO Code / Title 35 / Article 14 / Section 35-14-124
35-14-124. Inaccurate devices - stickers - tags - wire seals - rules
Status: in_force

35-14-124. Inaccurate devices - stickers - tags - wire seals - rules. [See editor's note following this section] (1) A blue tag indicating "Work Order" shall be placed on any commercial weighing or measuring device that in the judgment of the commissioner is out of tolerance or in need of minor repairs. Repairs shall be made within thirty days, and, if not so made, the device shall be removed from commercial use. If the repairs cannot be completed or the device cannot be placed into service due to delay in obtaining parts or other justified circumstances, the commissioner may extend the time limit for repair or placing in service for a reasonable time.

(2) A red tag indicating "CONDEMNED" shall be placed on any commercial weighing or measuring device that is to be removed from use. A wire seal may be so placed as to make the device unusable in any form. A device that has been condemned pursuant to this subsection (2) shall not be used for any commercial purpose.

(3) (a) A tag indicating "no license fee paid" shall be placed on any commercial weighing or measuring device that the owner is not licensed to operate. A wire seal may be so placed as to make the device unusable in any form. A device on which a "no license fee paid" tag has been placed shall not be used for any commercial purpose. A "no license fee paid" tag need not be placed on devices that are being held for resale and are not being used.

(b) When a weighing or measuring device is found in a commercial establishment, it shall be prima facie evidence that said device is being used or employed. If the owner of any such device does not have a license for its use, the device shall have a "no license fee paid" or "not approved for commercial use" tag attached.

(4) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 333, § 19, effective April 2, 2009.)

(5) The commissioner shall promulgate rules to clarify the circumstances under which a blue or red tag should be issued.
C.R.S. § 35-60-113 — CO Code / Title 35 / Article 60 / Section 35-60-113
35-60-113. Civil penalties
Status: in_force

35-60-113. Civil penalties. (1) (a) Any person who violates any provision of this article or any rule promulgated pursuant thereto may be subject to a civil penalty as determined by the commissioner. Such civil penalty is in addition to and not a substitution for other penalties or remedies set forth in this article.

(b) Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such violation, and the presence or absence of a pattern of similar violations by the distributor.

(c) The maximum civil penalty imposed by the commissioner shall not exceed seven hundred fifty dollars per day per violation.

(2) Before the commissioner imposes any civil penalty, the person charged shall be provided with a notice of the violation and an opportunity for a hearing in accordance with article 4 of title 24, C.R.S.

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

(4) All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.
C.R.S. § 35-12-101 — CO Code / Title 35 / Article 12 / Section 35-12-101
35-12-101. Short title
Status: in_force

35-12-101. Short title. This article shall be known and may be cited as the "Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act".
C.R.S. § 35-25-115 — CO Code / Title 35 / Article 25 / Section 35-25-115
35-25-115. Alfalfa leaf-cutter bees - importation - possession - enforcement - penalties
Status: repealed

35-25-115. Alfalfa leaf-cutter bees - importation - possession - enforcement - penalties. (Repealed)
C.R.S. § 35-7-117 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-117
35-7-117. Record of poison purchased
Status: in_force

35-7-117. Record of poison purchased. The department, when acting in cooperation with the federal agency in rodent control operations through its officers, members, or authorized agents, may purchase and sell to landowners, lessees, contract holders, boards of county commissioners, and other cooperators strychnine and other poisons and supplies for rodent control. The department or its agents shall make and keep a record of all such sales made by showing the name and address of purchaser, date of purchase, and kind and amount of poison or rodent supplies purchased.
C.R.S. § 35-4-112 — CO Code / Title 35 / Article 4 / Section 35-4-112
35-4-112. Right of entry
Status: in_force

35-4-112. Right of entry. Except as provided in section 35-4-107, the commissioner and any authorized agent thereof and county pest inspectors employed under this article, together with such help as they may need in the prosecution of their work, are authorized upon consent or upon obtaining an administrative search warrant, during reasonable business hours, to enter upon or into any premises, land, buildings, or other places of business for the purpose of carrying out the provisions of this article.
C.R.S. § 35-13-104 — CO Code / Title 35 / Article 13 / Section 35-13-104
35-13-104. Condition of equipment
Status: in_force

35-13-104. Condition of equipment. All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations adopted under section 35-13-103.
C.R.S. § 35-10-105 — CO Code / Title 35 / Article 10 / Section 35-10-105
35-10-105. Commercial applicator - business license required
Status: in_force

35-10-105. Commercial applicator - business license required. Any person acting as a commercial applicator must possess a valid commercial applicator business license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. A commercial applicator business license may only be issued for the class or subclass of pesticide application in which the qualified supervisor employed or otherwise retained by the commercial applicator is licensed.
C.R.S. § 35-5.5-102 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-102
35-5.5-102. Legislative declaration - rule of construction
Status: in_force

35-5.5-102. Legislative declaration - rule of construction. (1) In enacting this article the general assembly finds and declares that there is a need to ensure that all the lands of the state of Colorado, whether in private or public ownership, are protected by and subject to the jurisdiction of a local government empowered to manage undesirable plants as designated by the state of Colorado and the local governing body. In making such determination the general assembly hereby finds and declares that certain undesirable plants constitute a present threat to the continued economic and environmental value of the lands of the state and if present in any area of the state must be managed. It is the intent of the general assembly that the advisory commissions appointed by counties and municipalities under this article, in developing undesirable plant management plans, consider the elements of integrated management as defined in this article, as well as all appropriate and available control and management methods, seeking those methods which are least environmentally damaging and which are practical and economically reasonable.

(1.5) The general assembly hereby finds and declares that:

(a) Noxious weeds have become a threat to the natural resources of Colorado, as thousands of acres of crop, rangeland, and habitat for wildlife and native plant communities are being destroyed by noxious weeds each year;

(b) An organized and coordinated effort must be made to stop the spread of noxious weeds and that such an effort can best be facilitated by a state coordinator who will assist in building local coalitions and coordinate the efforts of state, federal, local, and private landowners in developing plans for the control of noxious weeds without unnecessarily disrupting the development of such lands;

(c) The designation and classification of noxious weeds into categories for immediate eradication, containment, and suppression will further assist the state in coordinating efforts to stop the spread of noxious weeds;

(d) Because the spread of noxious weeds can largely be attributed to the movement of seed and plant parts on motor vehicles, and because noxious weeds are becoming an increasing maintenance problem on highway right-of-ways in this state, additional resources are needed to fight the spread of noxious weeds; and

(e) The use of moneys in the noxious weed management fund to assist local governing bodies and affected landowners in the eradication, containment, or suppression of noxious weeds best serves the citizens of Colorado.

(2) This article is in addition to article 5 of this title and is intended to be an expansion of, not a substitution for, the provisions of said article 5.
C.R.S. § 35-46-111 — CO Code / Title 35 / Article 46 / Section 35-46-111
35-46-111. Right-of-way fences
Status: in_force

35-46-111. Right-of-way fences. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1) and subsection (4) of this section, it is the duty of the department of transportation to maintain right-of-way fences constructed as of June 1, 1994, by the department at or near the boundary of the department's highway property in agriculturally zoned areas along and adjacent to all federal aid highways where such highways are maintained by the department. The department shall make repairs to such right-of-way fences when necessary only upon actual notice to the department. Neither the department nor the landowner is liable for any damages caused by the failure to adequately construct, maintain, or repair the right-of-way fence unless actual notice is given to the department.

(b) If the department removes a right-of-way fence in an agriculturally zoned area during a construction project, the department shall replace and maintain said fence unless the landowner and the department agree that said fence shall not be replaced.

(2) In nonagriculturally zoned areas, the department may erect a right-of-way fence where the highway has been declared a freeway pursuant to section 43-3-101, C.R.S., or in areas that the landowner and the department agree that said fence be erected. If the department erects a right-of-way fence or has previously erected a right-of-way fence where the highway has been declared a freeway, the department shall maintain and repair said fence when necessary upon actual notice to the department. Neither the department nor the landowner is liable for any damages caused by the failure to adequately construct, maintain, or repair the right-of-way fence unless actual notice is given to the department.

(3) Upon actual notice, the department shall maintain right-of-way fences constructed by the department, where highways are maintained by the department, at or near the boundary of the department's highway property adjacent to properties owned by municipalities unless otherwise agreed to in writing by the department and the municipality.

(4) If, in both agriculturally and nonagriculturally zoned areas, the landowner adjacent to an existing right-of-way fence and the department agree that said fence shall be removed, the right-of-way fence shall be removed by the department at its expense. If the landowner removes or causes the removal of the right-of-way fence without agreement by the department, the department shall not be required to reimburse the landowner for such removal, and the landowner shall be liable for any and all damages caused by the unauthorized removal of the fence.

(5) If a right-of-way fence is either removed or not replaced pursuant to subsection (1) or (4) of this section and the landowner who agreed that the fence be removed or not replaced or any subsequent landowner of property adjacent to the right-of-way later desires to erect a right-of-way fence, said fence may be erected by the landowner at the landowner's expense, but only upon prior agreement by the department. Such right-of-way fence shall be constructed in accordance with the standards applicable to the department at the time such fence is erected, and the department is required to make repairs to such right-of-way fence upon actual notice to the department. Liability for any damages caused by failure to adequately construct the right-of-way fence shall be borne by the landowner at the time the damages are incurred.

(6) All agreements required pursuant to subsections (1) to (5) of this section shall be in writing, be recorded by the department in the office of the county clerk and recorder of each county where the real property adjacent to the right-of-way is located, and be binding upon and notice to all persons or classes of persons claiming any interest in said property.

(7) If a landowner and the department agree to either remove or not replace a right-of-way fence pursuant to subsections (1) to (5) of this section and the landowner at the time of the agreement or any subsequent landowner does not maintain livestock, as defined in section 35-46-101 (2), on the land adjacent to a highway right-of-way, any livestock that enters the highway right-of-way through that land shall not be a dangerous condition pursuant to section 24-10-106 (1)(d), C.R.S. Neither the landowner nor the department shall be liable for any damages caused by such livestock because of the absence of such right-of-way fence.

(8) If a person herds livestock along a highway adjacent to property from which a fence has been removed pursuant to this section and any of the livestock strays onto that property, the landowner may not recover damages for trespass and injury to grass, garden or vegetable products, or other crops from the owner of the livestock unless the landowner can prove the person herding the livestock allowed the livestock to enter the property without making an effort to remove the livestock. Nothing in this section is intended to change the status of open range law and statutes relating to fences in Colorado.

(9) Notwithstanding any other provision of this section, the department may erect and maintain a right-of-way fence in any area at the department's expense, in its sole discretion, but the department has no duty to erect and maintain any fence at its expense.
C.R.S. § 35-80-117 — CO Code / Title 35 / Article 80 / Section 35-80-117
35-80-117. Repeal of article - sunset review - report to general assembly
Status: repealed

35-80-117. Repeal of article - sunset review - report to general assembly. (1) This article 80 is repealed, effective September 1, 2026.

(2) Before the repeal, the licensing functions of the commissioner are scheduled for review in accordance with section 24-34-104.

(3) On or before February 1, 2018, the commissioner shall provide a written report to the agriculture, livestock, and natural resources committee and the finance committee of the house of representatives and the agriculture, natural resources, and energy committee and the finance committee of the senate, or their successor committees, containing the following information, as of September 1, 2013, and September 1, 2017:

(a) A schedule of the fees charged for all classes of licenses issued under this article and for renewal of those licenses;

(b) The total revenue received by the department as a result of the fees charged for licenses and renewals under this article; and

(c) The total number of personnel employed by the department to administer this article.

(4) On or before February 1, 2015, and annually thereafter, the commissioner shall provide a written report to the executive committee of the legislative council, the agriculture, livestock, and natural resources committee of the house of representatives, and the agriculture, natural resources, and energy committee of the senate, or their successor committees, explaining the need for and purposes of any increase in the fee charged for any class of licenses issued under this article or for renewal of those licenses, including without limitation a statement of the number of inspections performed per month before and after the increase.
C.R.S. § 35-13-102 — CO Code / Title 35 / Article 13 / Section 35-13-102
35-13-102. Definitions
Status: in_force

35-13-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Anhydrous ammonia" means the compound formed by the combination of the two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume in compressed and liquefied form.

(2) "Commissioner" means the commissioner of agriculture.
C.R.S. § 35-1-106.9 — CO Code / Title 35 / Article 1 / Section 35-1-106.9
35-1-106.9. Agriculture management fund - creation
Status: in_force

35-1-106.9. Agriculture management fund - creation. There is hereby created in the state treasury the agriculture management fund. The fund shall consist of money transferred pursuant to section 38-13-801.5 (3), any money realized from the sale of the inspection and consumer services division facility and other real property associated with that facility that are all located in the Highlands neighborhood of Denver, Colorado, and any money realized from the sale of the warehouse and storage facility located at 5000 Packing House Road, Denver, Colorado. The department shall use such money to fund agricultural efforts approved by the commissioner, including, but not limited to, funding additional department employees necessary to implement and manage approved programs. Money may be used for direct assistance or grant assistance for conservation districts created pursuant to article 70 of this title 35. Money in the fund may be used for expenses related to the department's office consolidation as authorized by House Bill 13-1234, enacted in 2013, and as authorized by House Bill 16-1460, enacted in 2016. Money in the fund is subject to annual appropriation to the department. Any money not expended or encumbered from any appropriation at the end of any fiscal year shall remain available for expenditure in the next fiscal year without further appropriation. All interest derived from the deposit and investment of money in the fund shall be credited to the fund and shall not be transferred or credited to the general fund or any other fund.
C.R.S. § 35-53.5-112 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-112
35-53.5-112. Disciplinary actions - suspension or revocation of certificate - grounds
Status: in_force

35-53.5-112. Disciplinary actions - suspension or revocation of certificate - grounds. (1) The board, acting in accordance with article 4 of title 24, C.R.S., may deny, suspend, refuse to renew, or revoke any certification if the applicant or certificate holder has violated any provision of article 43, 44, 53, or 54 of this title or has entered a plea of guilty or nolo contendere to or been convicted of any criminal act under title 18, C.R.S.

(2) The owner of any feedlot whose certification has been suspended or revoked shall, upon notice, cause all animals leaving the facility to be inspected pursuant to section 35-53-105 and shall pay all required inspection fees at the time of inspection.

(3) Upon the suspension or revocation of a certificate, all or part of the annual certification fee may be forfeited as determined by the board.

(4) The owner of a feedlot whose certification has been revoked may reapply for certification at any time after the expiration of two years from the date of revocation and upon the payment of all required fees.
C.R.S. § 35-70-107 — CO Code / Title 35 / Article 70 / Section 35-70-107
35-70-107. Board of supervisors - election - term
Status: in_force

35-70-107. Board of supervisors - election - term. (1) (a) (I) The governing body of the district shall consist of a board of supervisors, referred to in this article as "supervisors", who shall be elected by the qualified electors of the district at an election conducted as provided in section 35-70-105. Each board shall consist of not less than five and not more than eleven supervisors, which number shall be specified in the bylaws of the district.

(II) At least sixty-six percent of the supervisors of each district shall be agricultural producers who are landowners in the district; except that, if the district cannot find the requisite percentage of agricultural producers, the district may petition the state board for an exemption from the percentage requirement.

(III) Each supervisor shall serve for a term of four years; except that each district's board shall provide for the staggering of supervisorial terms so that the terms of no more than a simple majority of supervisors expire at any one time. Supervisors serving on July 1, 1995, shall continue to serve the terms for which they were elected or appointed.

(b) Subject to the provisions of paragraph (a) of this subsection (1), no one shall be eligible to become a candidate for election as a member of the board of supervisors of any such district unless such person is a landowner in and a qualified elector of the district, including a renter or manager of the landowner's land pursuant to section 35-70-104 (4), or the duly authorized representative of a corporation owning lands within the district.

(2) The business of the district shall be transacted by the supervisors as provided in this article and in the district's bylaws. All special and regular meetings of the board of supervisors shall be held at locations which are within the boundaries of the district or which are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this subsection (2) governing the location of meetings may be waived only if the following criteria are met:

(a) The proposed change of location of a meeting of the board appears on the agenda of a regular or special meeting of the board; and

(b) A resolution is adopted by the board stating the reason for which a meeting of the board is to be held in a location other than under the provisions of this subsection (2) and further stating the date, time, and place of such meeting.

(3) Members of the board of supervisors shall be entitled to travel and other expenses necessarily incurred in the discharge of their duties, such reimbursement to be payable only from the income of the district. No supervisor shall be personally liable for the consequences of his official acts; nor shall he receive, by virtue of his office, any benefits from the conduct of the affairs of the district other than the benefits any landowner may be entitled to receive from the operation of the district.

(4) If a vacancy occurs on the board of supervisors, the remaining supervisors shall appoint a successor for the remainder of the term of the seat vacated. In the event any supervisor ceases to be a qualified voter of and landowner in the district or the corporation which he represents ceases to be an owner of lands within the district, the supervisors shall thereupon declare a vacancy and proceed to appoint a successor.
C.R.S. § 35-41.5-110 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-110
35-41.5-110. Inspections - investigations - access - subpoena
Status: in_force

35-41.5-110. Inspections - investigations - access - subpoena. (1) The board, upon its own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article.

(2) (a) Appropriate division of parks and wildlife personnel may accompany the board on any inspection and may request an inspection of any licensed alternative livestock farm.

(b) The board shall perform any such requested inspection within seventy-two hours after receipt of such request, excluding weekends and legal holidays.

(c) If the board is unable to perform any such requested inspection within seventy-two hours after receipt of such request, excluding weekends and legal holidays, the division of parks and wildlife shall be authorized to perform such requested inspection.

(d) The actual cost for, plus mileage for, any inspection requested by the division of parks and wildlife shall be paid for by the division of parks and wildlife.

(3) Complaints of record made to the board and the results of the board's investigations may, in the discretion of the board, 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 the person in interest.

(4) For purposes of carrying out the provisions of this article and rules promulgated pursuant thereto, at any reasonable time during regular business hours, the board shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant to:

(a) All buildings, yards, pens, pastures, and other areas in which any alternative livestock is kept, handled, or transported; and

(b) All records required to be kept and to make copies of such records.

(5) (a) The board shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses and the production of 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.

(b) Upon failure or refusal of any witness to obey any subpoena, the board 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.

(6) As part of any inspection for the licensing or renewal of an alternative livestock farm, any change of ownership of any alternative livestock, and any movement of alternative livestock, the board shall require:

(a) Proof that the alternative livestock farm has maintained the purity of the alternative livestock herds by preventing the introduction of red deer or hybrid nonnative species either by the importation of untested live animals, gametes, eggs, sperm, or other genetic material into alternative livestock herds in Colorado;

(b) Proof that each alternative livestock animal originates from a legal source; and

(c) Records to be kept and animals to be marked so as to identify individual animals.
C.R.S. § 35-54-106 — CO Code / Title 35 / Article 54 / Section 35-54-106
35-54-106. Partido contracts recorded
Status: in_force

35-54-106. Partido contracts recorded. No partido or share contract, whereby livestock is delivered to be kept on shares for a period of time at the end of which they, or an equal or similar number, or any number thereof, are to be returned, whatever the specific terms of said contract may be, shall be valid, except as between the parties to said contract, unless such contract is filed or recorded in the office of the county clerk and recorder of deeds of the county wherein such livestock is to be kept.
C.R.S. § 35-27-114 — CO Code / Title 35 / Article 27 / Section 35-27-114
35-27-114. Powers and duties of commissioner
Status: repealed

35-27-114. Powers and duties of commissioner. (1) In addition to any other duties in this article, the commissioner shall:

(a) Administer and enforce the provisions of this article;

(b) Adopt rules and regulations necessary for the administration and enforcement of this article including but not limited to rules and regulations which:

(I) Set forth the methods to inspect, sample, analyze, and test seed, including defining the tolerances to be followed during such processes pursuant to section 35-27-106;

(II) Amend the lists of prohibited and restricted noxious weed seed;

(III) Establish procedures and standards including defining allowable tolerances to be used for the inspection and approval of seed beans that are within allowable tolerances pursuant to section 35-27-109;

(IV) Establish standards for the sale of any seed including but not limited to standards for the acceptable content of pathogens, biotic contaminant, insects, plant pests, and endophytes in such seeds;

(V) Establish procedures and standards to embargo seed pursuant to section 35-27-119;

(VI) Establish procedures for the reinstatement of any registration authorized pursuant to this article;

(VII) Enforce any disciplinary actions authorized pursuant to this article including but not limited to letters of admonition or the denial, suspension, or revocation of any registration;

(VIII) Establish the amounts of the registration fees pursuant to section 35-27-111;

(c) Promptly notify any person who transported, sold, bartered, or distributed the seed or offered or exposed the seed for sale which does not test in compliance with the provisions of this article;

(d) Inspect, sample, analyze, and test seed pursuant to this article.

(2) In addition to any other powers conferred in this article, the commissioner may:

(a) Inspect, sample, analyze, and test seed pursuant to paragraph (d) of subsection (1) of this section at such time and place and to such extent as the commissioner deems necessary to determine compliance with this article;

(b) Appoint such qualified employees of the department as necessary to carry out the provisions of this article;

(c) Cooperate with the United States department of agriculture to enforce federal seed law;

(d) (I) Conduct any hearings required by this article pursuant to article 4 of title 24, C.R.S.; or

(II) Repealed.

(III) Subject to appropriations made to the department, employ administrative law judges on a full- or part-time basis to conduct such hearings;

(e) Conduct investigations pursuant to section 35-27-115.

(f) Repealed.
C.R.S. § 35-80-107 — CO Code / Title 35 / Article 80 / Section 35-80-107
35-80-107. Record-keeping requirements
Status: in_force

35-80-107. Record-keeping requirements. Each pet animal facility shall keep and maintain records in the form and manner designated by the commissioner. Such records shall be retained for a period of two years and shall be kept at the address specified in the license application for the pet animal facility.
C.R.S. § 35-70-102.5 — CO Code / Title 35 / Article 70 / Section 35-70-102.5
35-70-102.5. Legislative declaration - change of name - continuity of existence
Status: in_force

35-70-102.5. Legislative declaration - change of name - continuity of existence. (1) The general assembly hereby finds and declares that:

(a) Upon creation in this article, the name "soil conservation district" best reflected the activities of such districts throughout this state;

(b) To better reflect the current activities of the soil conservation districts in this state, each such district should be referred to as a "conservation district"; and

(c) The name of the state board governing all such districts should accordingly be changed from the "soil conservation board" to the "conservation board".

(2) (a) On and after July 1, 2002, the conservation board shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the soil conservation board prior to July 1, 2002, and all employees of the soil conservation board shall be transferred to the conservation board 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 and regulations.

(b) On July 1, 2002, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the soil conservation board are transferred to the conservation board and shall become the property thereof.

(c) Whenever the soil conservation board is referred to or designated by any contract or other document, such reference or designation shall be deemed to apply to the conservation board. All contracts entered into by the soil conservation board prior to July 1, 2002, are hereby validated, with the conservation board succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the conservation board for the payment of such obligations.

(d) Each soil conservation district duly organized pursuant to this article prior to July 1, 2002, is hereby recognized as a duly organized conservation district, and its existence shall be deemed to have been continuous. Whenever a soil conservation district is referred to or designated by any contract or other document, such reference or designation shall be deemed to apply to the conservation district. All contracts entered into by such soil conservation district prior to July 1, 2002, are hereby validated, with the conservation district succeeding to all the rights and obligations of such contracts.

(3) On and after July 1, 2002, when any provision of the Colorado Revised Statutes refers to the soil conservation board or to a soil conservation district, said law shall be construed as referring to the conservation board or to a conservation district, respectively. The revisor of statutes is authorized to change all references in the Colorado Revised Statutes to the soil conservation board and to soil conservation districts to refer to the conservation board and conservation districts.
C.R.S. § 35-12-120 — CO Code / Title 35 / Article 12 / Section 35-12-120
35-12-120. Exchange between manufacturers
Status: in_force

35-12-120. Exchange between manufacturers. (Deleted by amendment)
C.R.S. § 35-57-113 — CO Code / Title 35 / Article 57 / Section 35-57-113
35-57-113. Duties and powers of the board
Status: in_force

35-57-113. Duties and powers of the board. (1) The board may:

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

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

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

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

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

(f) Borrow money, not in excess of its estimate of its revenue from the current year's contributions;

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

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

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

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

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

(l) Enter into contracts for the promotion of beef and develop new markets through such promotion;

(m) Receive and hold funds for and on behalf of the national beef promotion and research board as a qualified state beef council pursuant to the beef promotion and research order, 7 CFR 1260.172.

(2) The board's powers and duties, as set forth in subsection (1) of this section, and its activities pursuant to this article are consistent with those of a qualified state beef council pursuant to 7 CFR 1260.172 to 1260.181.
C.R.S. § 35-23-108 — CO Code / Title 35 / Article 23 / Section 35-23-108
35-23-108. Power of regulation
Status: in_force

35-23-108. Power of regulation. The commissioner, with the concurrence of the state agricultural commission, is authorized to promulgate such rules and regulations relative to the proper marking of containers, the issue of certificates of inspection, the tagging of the vehicle of transportation, and such other rules and regulations as he deems necessary for the improvement of the quality of marketing of all fruits, vegetables, or other agricultural products.
C.R.S. § 35-11.5-107 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-107
35-11.5-107. Organic producer certification - application - fees
Status: repealed

35-11.5-107. Organic producer certification - application - fees. (Repealed)
C.R.S. § 35-38-105 — CO Code / Title 35 / Article 38 / Section 35-38-105
35-38-105. Surplus parts inventory - credits
Status: in_force

35-38-105. Surplus parts inventory - credits. (1) (a) Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, but no less than once every twelve months, return a portion of the dealer's surplus parts inventory for credit.

(b) The supplier shall notify the dealer of a time period during which a dealer may submit the dealer's surplus parts list and return inventory. A supplier may stagger return periods for its dealers.

(2) If a supplier has not notified its dealer of a specific time period for returning surplus parts within the preceding twelve-month period, it shall allow the dealer to return surplus parts within sixty days of receiving the dealer's request to make such return.

(3) (a) A supplier shall allow surplus-parts return on a dollar value of parts equal to ten percent of the total dollar value of all parts purchased by the dealer from the supplier during either the twelve-month period immediately preceding the supplier's notification to the dealer of the supplier's return program or, if subsection (2) of this section applies, the month the dealer makes a return request.

(b) The dealer may elect to return a dollar value of the surplus parts equal to less than ten percent of the total dollar value of the parts the dealer purchased during the preceding twelve months.

(4) A dealer may not return obsolete parts; except that a dealer may return a part for credit if such part is found in the supplier's current returnable parts list or any superseded part that is not the subject of the supplier's parts return program as of the date of termination.

(5) A dealer shall return only new and unused parts to the supplier of such parts.

(6) The minimum credit allowed for returned parts is ninety-five percent of the net price as listed in the supplier's current returnable parts list as of the date that the supplier provides notice of its return program or, if subsection (2) of this section applies, the date that the dealer submits a request for return.

(7) A supplier shall issue credit within ninety days after receiving a return part.

(8) Nothing in this section shall be construed to prevent a supplier from charging back to the dealer's account amounts previously paid or credited as a discounted incident to the dealer's purchase of equipment.
C.R.S. § 35-14-124.5 — CO Code / Title 35 / Article 14 / Section 35-14-124.5
35-14-124.5. Disciplinary powers
Status: in_force

35-14-124.5. Disciplinary powers. [See editor's note following this section] (1) The commissioner may deny an application for, refuse to renew, revoke, or suspend a license or certificate or place a licensee or certificate holder on probation, if such person has:

(a) Violated any provision of this article or of any rule adopted by the commissioner under this article;

(b) Been convicted of a felony under any state or federal law; except that, in considering a conviction of a felony, the commissioner shall be governed by section 24-5-101, C.R.S.;

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

(d) Failed to comply with a lawful order of the commissioner concerning the administration of this article;

(e) Been convicted of deceptive trade practices under any state or federal law;

(f) Used a commercial weighing or measuring device or moisture-testing device in deceptive trade practices in violation of any state or federal law.

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

(3) Any previous violation of this article by an applicant or associate of the applicant shall be sufficient grounds for denial of a license. For purposes of this subsection (3), "associate" means:

(a) A person associated with the applicant in the business for which such applicant seeks to be licensed or certified;

(b) A partner, officer, director, or stockholder of more than thirty percent of the outstanding shares of a partnership or corporation, when such partnership or corporation is the applicant.
C.R.S. § 35-43-201 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-201
35-43-201. Definitions
Status: in_force

35-43-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Board" means the state board of stock inspection commissioners, created in section 35-41-101.

(2) "Department" means the Colorado department of agriculture, created in section 24-1-123, C.R.S.

(3) "Livestock" means all cattle, calves, horses, mules, and donkeys.
C.R.S. § 35-77-106 — CO Code / Title 35 / Article 77 / Section 35-77-106
35-77-106. Commissioner duties and authority - rules
Status: in_force

35-77-106. Commissioner duties and authority - rules. (1) The commissioner may:

(a) Adopt any rule reasonably necessary to implement this article 77; and

(b) Administer and enforce this article 77 and any rules adopted under this article 77.

(2) In accordance with article 4 of title 24, the commissioner shall conduct hearings required by this article 77 and, at the commissioner's discretion, use administrative law judges to conduct the hearings.
C.R.S. § 35-30-102 — CO Code / Title 35 / Article 30 / Section 35-30-102
35-30-102. Powers of governor
Status: in_force

35-30-102. Powers of governor. The governor of the state of Colorado is vested with all police and regulatory powers regarding the production, storage, refrigeration, manufacture, distribution, handling, dealing in, or sale of foodstuffs or food products and other necessities of life, whether in the raw state or in manufactured form, or any article used or capable of use as food for man or beast, which are vested in the president or any other executive officer of the United States; but the rules, regulations, and orders promulgated by the governor in the exercise of the power conferred in this section shall not be more drastic than nor in conflict with the rules, regulations, and orders of the president and executive officers of the United States government.
C.R.S. § 35-1.2-102 — CO Code / Title 35 / Article 1.2 / Section 35-1.2-102
35-1.2-102. Definitions
Status: in_force

35-1.2-102. Definitions. As used in this article 1.2, unless the context otherwise requires:

(1) "Agricultural processing" means the transforming, packaging, sorting, storage, or grading of Colorado livestock, livestock products, agricultural commodities, plants, or plant products.

(2) "Agriculture" has the same meaning as set forth in section 35-1-102 (1).

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

(4) "Department" means the department of agriculture created in section 35-1-103.

(5) "Eligible business" means a business that:

(a) Earns or will earn a majority of its revenue from agricultural processing or from developing or manufacturing technology designed to benefit Colorado farmers and ranchers; and

(b) In the judgment of the department:

(I) Has managers and employees who possess sufficient education, training, and experience to operate the business; and

(II) Provides an economic benefit to Colorado farmers or ranchers.

(6) "Eligible farmer or rancher" means an individual who:

(a) Is at least eighteen years of age;

(b) Is a resident of Colorado;

(c) Is or will be an owner or operator in fact of a farm or ranch; and

(d) In the judgment of the department:

(I) Possesses sufficient education, training, and experience to operate the farm or ranch; and

(II) Possesses or has access to sufficient working capital, farm machinery, livestock, or land to operate the farm or ranch.

(7) "Farm-to-market infrastructure grant" means a grant of money from the fund, which money is used for agricultural processing.

(8) (a) "Farm-to-market infrastructure loan" means a loan from the loan program, which loan is used for the purpose of agricultural processing or the development or manufacturing of technology designed to benefit Colorado farmers or ranchers.

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

(9) "Financial entity" means a bank, nondeposit community development financial institution, business development corporation, or other entity with agricultural lending experience and with which the department contracts to help administer the loan program.

(10) "Fund" means the Colorado agricultural future loan program cash fund created in section 35-1.2-105.

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

(12) "Loan program" means the Colorado agricultural future loan program created in section 35-1.2-103.