C.R.S. § 35-80-106.3 — CO Code / Title 35 / Article 80 / Section 35-80-106.3
35-80-106.3. Animal holding periods - disposition of unclaimed animals - immunity from action
Status: in_force

35-80-106.3. Animal holding periods - disposition of unclaimed animals - immunity from actions over disposition of a pet animal. (1) Any pet animal held by or in the custody of a licensed animal shelter, whether public or private, and not reclaimed by the owner shall be held by the animal shelter for a minimum of five days after acquisition by the animal shelter before it may become available for adoption or otherwise disposed of at the discretion of the animal shelter; except that a shelter supervisor may determine that a pet animal without identification, including but not limited to a microchip or collar, may be disposed of in three days if such shelter supervisor determines the shelter has no additional resources for such pet animal or determines that such pet animal is dangerous. For purposes of this section, "days" means days during which the shelter is open to the public. If the animal shelter acquires the pet animal from the owner or an authorized representative of the owner, the pet animal becomes the property of the animal shelter at the time of transfer of the pet animal, and the pet animal may be disposed of by and at the discretion of the animal shelter. If the pet animal is abandoned, as defined in section 18-9-201 (1), C.R.S., the pet animal becomes the property of the animal shelter upon acquisition and may be disposed of by and at the discretion of the animal shelter. The animal shelter shall be the steward of stray animals for the purposes of providing prophylactic veterinary care under the written protocol and direction of the shelter veterinarian. Pet animals, which in the opinion of a veterinarian or the animal shelter supervisor, if a veterinarian is not available, are experiencing extreme pain or suffering, may be disposed of immediately by the animal shelter through euthanasia after the animal shelter has exhausted reasonable efforts to contact the owner; however, for pet animals with identification, the animal shelter shall exhaust reasonable efforts to contact the owner for up to twenty-four hours.

(2) An animal shelter and any employee thereof that complies with the minimum holding period as set forth in subsection (1) of this section or that disposes of a pet animal in accordance with the provisions of subsection (1) of this section for owner-surrendered animals, abandoned animals, or suffering animals shall be immune from liability in a civil action brought by the owner of a pet animal for the shelter's disposition of a pet animal.

(3) Nothing in this section shall preclude a town, city, city and county, or county from adopting, maintaining, or enforcing an ordinance that exceeds the minimum holding period as set forth in subsection (1) of this section. Nothing in this section shall preclude a licensed animal shelter, whether public or private, from adopting, maintaining, or following a policy that exceeds the minimum holding period as set forth in subsection (1) of this section.
C.R.S. § 35-56-102 — CO Code / Title 35 / Article 56 / Section 35-56-102
35-56-102. Contents of register
Status: in_force

35-56-102. Contents of register. In such register shall be recorded the person's name who brings forward such animal for sale, whether or not he is the owner of the same, and if not the owner, the name of the owner, with his residence; also, the color, brand or marks, size, and age, as near as may be, of the animal so offered for sale.
C.R.S. § 35-11.5-109 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-109
35-11.5-109. Prohibited acts
Status: repealed

35-11.5-109. Prohibited acts. (Repealed)
C.R.S. § 35-65-114 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-114
35-65-114. Appropriation for maintenance
Status: in_force

35-65-114. Appropriation for maintenance. If the board of county commissioners of any county in this state elects to conduct, operate, and manage the annual fair in its county or if it elects to lease the fairgrounds and improvements thereon as provided in this article, it is authorized to appropriate from the county general fund for that purpose the amount of money necessary therefor and for the necessary improvements and repairs of said buildings and fairgrounds, and to keep the same in repair, and to pay all costs and expenses incidental to the conducting and managing for said annual fair in its county.
C.R.S. § 35-29-108 — CO Code / Title 35 / Article 29 / Section 35-29-108
35-29-108. Unlawful acts
Status: in_force

35-29-108. Unlawful acts. (1) It is unlawful for any person:

(a) To sell or offer for sale any Colorado agricultural product identified by the seal of quality which does not meet the minimum standards established by the department;

(b) To sell or offer for sale any agricultural product in any used container on which the seal of quality is printed, stamped, or affixed unless the seal of quality identification has been completely removed or obliterated;

(c) To sell or offer for sale Colorado agricultural products bearing the seal of quality label in any container which does not meet the standards established by the department;

(d) To sell or offer for sale any Colorado agricultural product in a deceptive pack or in a deceptive arrangement or deceptive display, as defined in section 35-29-102 (5) and (6);

(e) To refuse to submit any Colorado agricultural product or container for inspection, sampling, or grading.
C.R.S. § 35-45-105 — CO Code / Title 35 / Article 45 / Section 35-45-105
35-45-105. Reapportionment of range
Status: in_force

35-45-105. Reapportionment of range. (1) If any given area has been adjudged to be subject to use either as a cattle or sheep range, any person in interest may thereafter institute a supplemental proceeding in the same court which rendered the original decree, by filing a supplemental petition setting forth that such person has acquired livestock formerly grazed upon such range or ranch property adjacent to said range from an owner who formerly grazed or herded stock thereon. By reason of the change in ownership of such property the livestock theretofore grazed on said range, or part thereof, will no longer be herded or grazed thereon, and said petition may further show that said range can be apportioned and the original decree can be modified so as to permit the herding or grazing of different kinds of livestock upon a portion of said range without injury to or material interference with the rights and business of a majority of the persons then using said range and grazing the kind of livestock for which said range was originally allotted.

(2) All persons using said range shall be made parties to the proceeding, and if upon the final hearing it appears that said range can be further apportioned or that livestock of a different kind can be grazed or herded on a portion of said range theretofore used by a different kind of livestock without injury to the business of a majority of the persons running livestock under the original decree, then such change may be permitted by supplemental decree; but sufficient range shall be left subject to the terms of the original decree to meet the actual requirements of all persons still running livestock of the kind given the preferred or better right under the original decree. Notice of the provisions of said supplemental decree shall be given as in case of an original decree, and thereafter any person using the portion of range described in said supplemental decree in accordance therewith shall not be subject to fine or imprisonment for violation of any of the terms of this article.
C.R.S. § 35-65-403 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-403
35-65-403. Office of manager of the Colorado state fair authority - creation
Status: in_force

35-65-403. Office of manager of the Colorado state fair authority - creation. (1) The office of manager of the Colorado state fair authority is hereby created. The commissioner of agriculture, in consultation with the board, shall appoint and employ a manager of the Colorado state fair authority. The person appointed and employed as the manager must have knowledge of livestock, agriculture, horticulture, industry, recreation, education, and scientific facilities, processes, and products of the state of Colorado and must have experience in fair management and promotion. The manager shall serve for an indefinite term, must not hold any other public office, and must devote the manager's entire time to the service of the state in the discharge of the manager's official duties. The appointment or removal of the manager is subject to section 13 of article XII of the state constitution and the statutes enacted pursuant to that section. Notwithstanding any law to the contrary, the office of manager of the Colorado state fair authority is a position in the senior executive service for purposes of section 24-50-104 (5)(c).

(2) The manager is the chief administrative head of the Colorado state fair authority under the direction and supervision of the board; has general supervision and control of all activities, functions, and employees of the Colorado state fair authority; and shall exercise all necessary powers incident thereto. The manager shall exercise all the powers and functions of the board in the interim of its meetings and shall perform such other duties as prescribed by the board or by law. The office of manager is a type 1 entity, as defined in section 24-1-105.

(3) Any current state fair authority employee who was previously certified under the state personnel system and who is returning to the state personnel system pursuant to this part 4, as amended by House Bill 97-1342, enacted at the first regular session of the sixty-first general assembly, shall be eligible for reinstatement.
C.R.S. § 35-7-108 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-108
35-7-108. Private lands
Status: in_force

35-7-108. Private lands. Upon privately owned lands, the control of rodent pests under this part 1 shall, so far as possible, be based on voluntary cooperation of owners, lessees, or occupants. If a private landowner enters into a cooperative agreement with the county pursuant to which the county agrees to control rodent pests on the landowner's real property, the private landowner shall reimburse the county for actual expenses incurred by the county in connection with such rodent pests control operations.
C.R.S. § 35-1-102 — CO Code / Title 35 / Article 1 / Section 35-1-102
35-1-102. Definitions
Status: repealed

35-1-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Agriculture" means the science and art of production of plants and animals useful to man, including, to a variable extent, the preparation of these products for man's use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production.

(1.5) Repealed.

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

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

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

(5) "Division" means a primary subdivision of the department whose administrative head is directly responsible to the head of the department.

(6) "Livestock" means cattle, sheep, goats, swine, mules, poultry, horses, alternative livestock, as defined in section 35-41.5-102 (1), and such domesticated animals as fox, mink, marten, chinchilla, beaver, and rabbits, and all other animals raised or kept for profit.

(7) "Section" means a subdivision of a division whose administrative head is directly responsible to the head of the division.
C.R.S. § 35-1-106.8 — CO Code / Title 35 / Article 1 / Section 35-1-106.8
35-1-106.8. Biological pest control cash fund - transfer of moneys to plant health, pest con
Status: in_force

35-1-106.8. Biological pest control cash fund - transfer of moneys to plant health, pest control, and environmental protection cash fund. (1) All revenues collected in pursuit of the department's efforts to conduct its program of biological pest control shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the biological pest control cash fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(2) (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 315, § 2, effective July 1, 2009.)
C.R.S. § 35-28-120 — CO Code / Title 35 / Article 28 / Section 35-28-120
35-28-120. Deposit to defray expenses
Status: in_force

35-28-120. Deposit to defray expenses. (1) Prior to the issuance of any marketing order by the commissioner, he may require the applicants therefor to deposit with him such amount as the commissioner may deem necessary to defray the expenses of preparing and making effective such marketing order. Such funds shall be received, deposited, and disbursed by the commissioner in accordance with the provisions as set forth in section 35-28-114.

(2) The commissioner may reimburse the applicant in the amount of any such deposit from any funds received by the commissioner pursuant to the provisions of section 35-28-114.
C.R.S. § 35-21-202 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-202
35-21-202. Definitions
Status: in_force

35-21-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Business owner or operator" means any person who owns or controls the operations of a business.

(2) (a) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens to which all of the following apply:

(I) For an indoor environment, the egg-laying hens are free to roam unrestricted except by the following:

(A) Exterior walls; and

(B) Interior fencing used to contain the entire egg-laying hen flock within the building or subdivide flocks into smaller groups if farm employees can walk through each contained or subdivided area to provide care to egg-laying hens and if each egg-laying hen has the minimum amount of usable floor space described in section 35-21-203 (1)(b)(II);

(II) Egg-laying hens are provided enrichments that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and

(III) Farm employees can provide care while standing within the egg-laying hens' usable floor space.

(b) "Cage-free housing system" includes multi-tiered aviaries, partially slatted systems, and single-level all-litter floor systems.

(c) "Cage-free housing system" does not include systems commonly described as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages, or similar cage systems.

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

(4) "Egg-laying hen" means a female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of commercial egg production.

(5) (a) "Egg product" means an egg of an egg-laying hen that is separated from the shell and intended for human food, whether in liquid, solid, dried, or frozen form, whether raw or cooked, and with:

(I) The egg yolk and egg white in their natural proportions; or

(II) The egg yolk and egg white separated, mixed, or mixed and strained.

(b) "Egg product" does not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, or ice cream, that include egg as one of multiple ingredients in the product; except that merely adding sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, or similar food additives does not make an egg product a combination food product.

(6) "Enclosure" means a structure used to confine an egg-laying hen.

(7) (a) "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food.

(b) "Farm" does not include live animal markets or official plants where mandatory inspection is maintained under the federal "Egg Products Inspection Act", 21 U.S.C. sec. 1031 et seq., as amended.

(8) "Farm owner or operator" means a person that owns a farm or controls the operations of a farm.

(9) "Multi-tiered aviary" means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms.

(10) "Partially slatted system" means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below the platform.

(11) "Sale" means a commercial sale by a business that sells any item covered by this part 2. "Sale" does not include any sale undertaken at an official plant where mandatory inspection is maintained under the federal "Egg Products Inspection Act", 21 U.S.C. sec. 1031 et seq., as amended.

(12) "Shell egg" means a whole egg of an egg-laying hen in its shell form, intended for use as human food.

(13) "Single-level all-litter floor system" means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms.

(14) (a) "Usable floor space":

(I) Means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the number of egg-laying hens in that enclosure; and

(II) Includes both ground space and elevated level or nearly level flat platforms upon which egg-laying hens can roost.

(b) "Usable floor space" does not include perches or ramps.
C.R.S. § 35-1-103 — CO Code / Title 35 / Article 1 / Section 35-1-103
35-1-103. Department of agriculture
Status: in_force

35-1-103. Department of agriculture. There is hereby created a department of agriculture, referred to in this article as the "department". When any law of this state refers to the state department of agriculture, said law shall be construed as referring to the department of agriculture.
C.R.S. § 35-27.5-106 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-106
35-27.5-106. Inspections
Status: in_force

35-27.5-106. Inspections. (1) Any crop for which weed free certification is sought shall be inspected in the field of origin and such inspection shall include an inspection of any ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as applicable, surrounding such field of origin.

(2) Crops which contain any weeds which have been designated as noxious pursuant to section 35-27.5-103, may be certified if certain conditions established pursuant to section 35-27.5-103 are met.
C.R.S. § 35-70-120 — CO Code / Title 35 / Article 70 / Section 35-70-120
35-70-120. Change of name
Status: in_force

35-70-120. Change of name. The term "soil erosion district" as used in "The Colorado Soil Conservation Act of 1937" and "conservation district" as used in this article shall be deemed synonymous. Districts organized after April 3, 1941, shall be known as conservation districts, and districts organized before April 3, 1941, may be known either as soil erosion districts or as conservation districts, as determined by the supervisors of such districts. The change of name permitted by this section shall not affect in any way the rights or obligations of districts or landowners or impair the obligations of any contract to which any such district is a party at the time of such change of name.
C.R.S. § 35-36-106 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-106
35-36-106. Penalties
Status: in_force

35-36-106. Penalties. (1) A person who violates section 35-36-217 (1)(a) to (1)(e) or (1)(j) or section 35-36-313 (1)(a) to (1)(e) commits a class 6 felony and shall be punished as provided in section 18-1.3-401. A person who violates section 35-36-217 (1)(f) or 35-36-313 (1)(f) or (1)(j) commits theft, as defined in section 18-4-401. A person who violates section 35-36-217 (1)(l) or 35-36-313 (1)(k) commits fraud by check, as defined in section 18-5-205. A person who violates section 35-36-217 (1)(g) to (1)(i) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(2) A person who violates any other provision of this article 36 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(3) Civil suits and criminal prosecutions arising by virtue of this article 36 may be commenced and tried either in the county in which the commodities or farm products were received by the commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent, or in the county in which the principal place of business of the commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent is located, or in the county in which the violation of this article 36 occurred. The attorney general or the district attorney for the judicial district in which the violation of this article 36 occurs shall, upon the request of any enforcing officer or other interested person, prosecute the violation.
C.R.S. § 35-25-110 — CO Code / Title 35 / Article 25 / Section 35-25-110
35-25-110. Authority to enter premises
Status: in_force

35-25-110. Authority to enter premises. The commissioner is authorized, during reasonable business hours, to enter upon or into any premises, lands, buildings, or places where bees or beekeeping appliances are kept for carrying out the provisions of this article.
C.R.S. § 35-27.5-102 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-102
35-27.5-102. Definitions
Status: repealed

35-27.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Authorized inspector" means a person qualified to identify noxious weeds according to standards adopted by the commissioner pursuant to section 35-27.5-103.

(2) Repealed.

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

(4) "Crop" means any agricultural forage crop product whether cultivated or not cultivated, irrigated or nonirrigated, planted or naturally occurring.

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

(6) "Noxious weeds" means those weeds, including any weed seed or propagative plant parts, designated by the commissioner as noxious and which are prohibited pursuant to section 35-27.5-103.

(7) "Person" means any association, corporation, firm, individual or combination of individuals, partnership, or society.

(8) "Qualified employee" means an employee of the department designated as qualified who is trained to identify noxious weeds in accordance with standards adopted by the commissioner pursuant to section 35-27.5-103.

(9) "Weed free" means any crop certified as free of noxious weeds by the commissioner pursuant to this article.

(10) "Weed free certification" means crops inspected and certified as free of noxious weeds by the commissioner pursuant to this article.
C.R.S. § 35-27-108 — CO Code / Title 35 / Article 27 / Section 35-27-108
35-27-108. Seed shipped into state
Status: in_force

35-27-108. Seed shipped into state. (1) No seed shall be brought into the state unless such seed:

(a) Has been tested and has passed all such required tests as required by the commissioner pursuant to rule and regulation; and

(b) Is in a container which meets the labeling requirements of section 35-27-105; and

(c) Meets all other requirements of this article.

(2) Tests required pursuant to paragraph (a) of subsection (1) of this section shall be developed by the commissioner through rule and regulation.
C.R.S. § 35-50-102 — CO Code / Title 35 / Article 50 / Section 35-50-102
35-50-102. Legislative declaration
Status: in_force

35-50-102. Legislative declaration. The general assembly finds and declares that the diagnosis, control, and eradication of livestock diseases are matters of statewide concern. Livestock disease control is essential to the livestock industry and the health of the economy of the state of Colorado. The provisions of this article are enacted to protect the public health, safety, and welfare.
C.R.S. § 35-5.5-119 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-119
35-5.5-119. County funding
Status: in_force

35-5.5-119. County funding. The board of county commissioners is authorized to levy a special tax, subject to the approval of the voters, upon every dollar of valuation of assessment of taxable property within the county for the purpose of creating a county fund to control noxious weeds; except that the amount raised from such levy in any one year shall not exceed the amount raised by five mills.
C.R.S. § 35-53-130 — CO Code / Title 35 / Article 53 / Section 35-53-130
35-53-130. Annual transportation permit for cattle or alternative livestock - rules
Status: in_force

35-53-130. Annual transportation permit for cattle or alternative livestock - rules. (1) Bovine livestock, as defined in section 35-41-100.3 (1.4), and alternative livestock, as defined in section 35-41.5-102 (1), shall be eligible to receive an annual transportation permit that shall be valid for both interstate and intrastate movement if positive proof of ownership is established to the state board of stock inspection commissioners or a duly authorized Colorado brand inspector. Upon completion of an application form, approved by the state board of stock inspection commissioners, which shall give a thorough physical description showing all brands, no brands, tattoos, or other characteristics carried by the animal, accompanied by a copy of the brand inspection certificate and a transportation permit fee in an amount determined by the board by rule made payable to the board, an annual hauling transportation permit shall be issued that shall be good for one year after the date of issuance unless a change of ownership takes place, in which case the permit will become void. The new owner may make application for permit by the same full compliance as the prior owner. Any person fraudulently using a transportation permit issued under this section commits a petty offense and shall be punished as provided in section 18-1.3-503.

(2) A permit issued pursuant to this section shall be in lieu of other permits required under the provisions of this article 53.
C.R.S. § 35-5-114 — CO Code / Title 35 / Article 5 / Section 35-5-114
35-5-114. Liberal construction
Status: in_force

35-5-114. Liberal construction. This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and for the security of public and private property, shall be liberally construed to effect the purpose of this article.
C.R.S. § 35-46-110 — CO Code / Title 35 / Article 46 / Section 35-46-110
35-46-110. Public highways - railways excluded
Status: in_force

35-46-110. Public highways - railways excluded. "Public highways", as used in this article, shall not be construed to include railways of any kind or railway rights-of-way of any kind.
C.R.S. § 35-13-107 — CO Code / Title 35 / Article 13 / Section 35-13-107
35-13-107. Enforcement - investigation - access to locations and records
Status: in_force

35-13-107. Enforcement - investigation - access to locations and records. (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 and of rules promulgated pursuant to this article or section 35-1-107 (5).

(2) Upon the commissioner's own motion or upon the complaint of any person, the commissioner may make any investigations necessary to ensure compliance with this article.

(3) At any time during regular business hours, upon consent or upon obtaining an administrative search warrant and for the purpose of enforcing any provision of this article or rule promulgated pursuant to this article, the commissioner shall have free and unimpeded access to:

(a) All buildings, yards, warehouses, storage facilities, tanks, tank trailers, vehicles, and any other public or private property, premises, or carriers in which anhydrous ammonia is kept, stored, handled, distributed, or transported; and

(b) All business records required to be kept that relate to the storage, use, transportation, or distribution of anhydrous ammonia. The commissioner may make copies of such records.

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

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

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

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

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

(6) Whenever the commissioner considers that a violation of any provision of this article or rule promulgated pursuant to this article has occurred or will occur, and that immediate and irreparable injury, loss, or damage will result if such violation is not immediately restrained or enjoined, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule promulgated pursuant to this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
C.R.S. § 35-75-202 — CO Code / Title 35 / Article 75 / Part 2 / Section 35-75-202
35-75-202. Definitions
Status: in_force

35-75-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Board" means the Colorado agricultural value-added development board created in section 35-75-203.

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

(3) "Development facility" means a Colorado facility that either produces goods from an agricultural commodity or uses a process to produce goods from an agricultural product.

(4) "Eligible agricultural value-added cooperative" means a cooperative association formed pursuant to article 55 or 56 of title 7, C.R.S., for the purpose of operating a development facility and that meets the eligibility criteria established by the board pursuant to section 35-75-204 (2).

(5) "Fund" means the agriculture value-added cash fund created in section 35-75-205 (1).

(6) "Member" means a resident individual or a domestic or foreign corporation subject to the provisions of part 3 of article 22 of title 39, C.R.S.

(7) "Participant" means a resident individual or a domestic or foreign corporation subject to the provisions of part 3 of article 22 of title 39, C.R.S., that contributes cash funds to the board.
C.R.S. § 35-40-107 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-107
35-40-107. Bounty on coyote, wolf
Status: repealed

35-40-107. Bounty on coyote, wolf. (Repealed)
C.R.S. § 35-75-113 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-113
35-75-113. Security for bonds and notes
Status: in_force

35-75-113. Security for bonds and notes. (1) (a) The principal and interest on any bonds or notes issued by the authority may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank located within or without this state having trust powers. Such trust indenture or the resolution providing for the issuance of such obligations may pledge or assign all or any part of the revenues or assets of the authority, including, without limitation, temporary loans, contracts, agreements, and other security or investment obligations, the fees or charges made or received by the authority, and any other moneys received or due to be received by the authority.

(b) Such trust indenture or resolution may contain such provisions for protecting and enforcing the rights and remedies of the holders of any of the bonds or notes as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the purposes to which proceeds of the bonds or notes may be applied, the disposition or pledging of the revenues or assets of the authority, the terms and conditions for the issuance of additional bonds or notes, and the custody, safeguarding, and application of all moneys. Any such trust indenture or resolution may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual right of action by any such holders.

(c) In addition any such trust indenture or resolution may contain such other provision as the authority may deem reasonable and proper for the security of the holders of any bonds or notes. All expenses incurred in carrying out the provisions of such indenture or resolution may be paid from the revenues or assets pledged or assigned to the payment of the principal of and the interest on bonds or notes or from any other funds available to the authority.

(2) (a) Any pledge made by the authority shall be valid and binding from the time when the pledge is made. The revenues and moneys so pledged and thereafter received by the authority shall immediately be subject to lien of such pledge without any physical delivery or further act, and the lien of such pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice of such lien. Neither the resolution nor any other instrument by which a pledge is created need be recorded. Each pledge, agreement, and indenture made for the benefit or security of any of the bonds of the authority shall continue to be effective until the principal of and interest on the bonds for the benefit of which the same are made has been fully paid or provision for such payment duly made.

(b) In the event of default in any such payment or in any agreements of the authority made as part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust indenture executed as security for such bonds, said payment or agreement may be enforced by suit, mandamus, or either of such remedies.
C.R.S. § 35-61-110 — CO Code / Title 35 / Article 61 / Section 35-61-110
35-61-110. Record-keeping requirements
Status: in_force

35-61-110. Record-keeping requirements. (1) Each registrant shall maintain records of all hemp plant lots acquired, produced, handled, or disposed of in the form and manner designated by the commissioner. The producer shall retain the records for three years.

(2) The commissioner may request all reports and records required as part of registration, including confidential data or business information including but not limited to information constituting trade secrets or disclosing a trade position, financial condition, or business operations. The commissioner after receipt shall keep the reports and records in the commissioner's custody or control. Confidential business information may be shared with applicable federal, state, or local law enforcement in compliance with this article 61.

(3) (a) The commissioner may deny access to personal information about persons involved with the cultivation of industrial hemp if the commissioner reasonably believes dissemination of such information will cause harm to such persons.

(b) On the grounds that disclosure would be contrary to the public interest, the commissioner may deny access to the following:

(I) Specific operational details of industrial hemp operations that constitute confidential commercial data pursuant to section 24-72-204. Such operational details include:

(A) Ownership, numbers, field locations, and movements of crops;

(B) Financial information;

(C) The purchase and sale of crops;

(D) Account numbers or unique identifiers issued by government or private entities; and

(E) Operational protocols.

(II) Information related to confidential business information that:

(A) Would identify a person or field location; or

(B) Contains confidential data, including records of ongoing investigations that pertain to industrial hemp cultivation; except that records of investigations must not be withheld if the investigation has concluded and the person being investigated is found by the commissioner to have violated any provision of this article 61 that pertains to industrial hemp.

(4) If the commissioner denies access to information pursuant to subsection (3)(a) or (3)(b) of this section, the commissioner shall redact the confidential information and make the remaining portions of the record available for disclosure. If the commissioner is unable to redact the record within the time limits established in section 24-72-203 (3), the time limits are waived and the commissioner shall redact the information and provide the redacted record as soon as is practicable.

(5) Nothing in this article 61 authorizes the commissioner to obtain information not otherwise permitted by law.

(6) Nothing in this article 61:

(a) Precludes a person in interest from accessing his or her own information;

(b) Prevents the commissioner from releasing biological industrial hemp samples to an authorized external entity for scientific testing, so long as the testing entity agrees to maintain the confidentiality of the information it receives;

(c) Prevents the commissioner from disclosing information that is otherwise permitted or required to be disclosed; or

(d) Applies when the commissioner determines that disclosure of industrial hemp cultivation information is necessary to prevent or address an immediate threat to the health and safety of a person or animal.

(7) When disclosing information pursuant to subsection (6)(d) of this section, the commissioner shall release only as much information as is necessary to address the situation.
C.R.S. § 35-73-106 — CO Code / Title 35 / Article 73 / Section 35-73-106
35-73-106. Soil health advisory committee - repeal
Status: repealed

35-73-106. Soil health advisory committee - repeal. (1) The soil health advisory committee is hereby created. The commissioner shall appoint no less than nine members to the committee.

(2) (a) The commissioner shall appoint members who:

(I) Represent the different geographic areas and demographic diversity of the state and reflect the political diversity of the state to the greatest extent possible;

(II) Include agricultural producers of diverse production systems, including diversity in size, product, irrigated systems, dryland systems, and livestock production systems; and

(III) Include:

(A) An irrigated crop producer;

(B) A dryland crop producer;

(C) A rancher;

(D) An organic producer;

(E) A crop consultant;

(F) A representative of an Indian tribe;

(G) A representative with expertise in soil carbon storage and natural climate mitigation;

(H) Two representatives who are board members of the Colorado Association of Conservation Districts or its successor organization; and

(I) At least two water users who own, lease, or represent owners of adjudicated water rights used for agricultural purposes both from west of the continental divide and east of the continental divide, one of whom must be a ditch corporation as described in section 7-42-101, an acequia ditch corporation as described in section 7-42-101.5, or a shareholder in either of these types of ditch corporations.

(b) Members on the advisory committee representing water users in accordance with subsection (2)(a)(III)(I) of this section may, but need not, be the same members that represent another person or group described in subsections (2)(a)(III)(A) to (2)(a)(III)(H) of this section.

(c) The state conservation board, created in section 35-70-103, shall appoint two representatives to be members of the advisory committee.

(d) The commissioner shall appoint one of the two representatives who are members of the state conservation board as the chair of the advisory committee.

(e) The advisory committee shall meet with the state conservation board at least four times annually.

(3) The commissioner shall appoint representatives of the following to serve as ex officio members on the advisory committee:

(a) The Colorado water conservation board created in article 60 of title 37;

(b) The natural resources conservation service in the United States department of agriculture; and

(c) Colorado state university.

(4) (a) The commissioner shall appoint approximately half of the initial members for two-year terms, but thereafter, appointments are for four-year terms unless the commissioner, in changing the number of members, determines that an appointment needs to be for less than four years to keep approximately half of the total number of the members' terms expiring every two years. Upon expiration of a member's term, the member continues to hold office until a successor has been duly appointed, but for no longer than six months.

(b) Members of the advisory committee shall not serve more than two full four-year terms. An initial two-year term is not a full term.

(5) The commissioner may remove a member of the advisory committee for misconduct, incompetence, or neglect of duty.

(6) A majority of the members that represent at least five of the people or groups described in subsections (2)(a)(III)(A) to (2)(a)(III)(H) and (2)(c) of this section constitutes a quorum of the advisory committee to take any action authorized in this section.

(7) (a) The advisory committee shall:

(I) Approve or deny any grant proposed by the department; and

(II) Make recommendations to the department concerning and assist in the development of the soil health program, including recommendations for the qualifications of eligible entities to receive grant money.

(b) The advisory committee may:

(I) Solicit input from stakeholders from each member's area of expertise and region of the state and communicate the advisory committee's recommendations to the region and stakeholders represented by each member;

(II) Solicit input, in collaboration with the department, from underserved agricultural producers;

(III) Solicit input from agricultural producers that reflect the different geographic areas and demographic diversity of the state to the greatest extent possible;

(IV) Review soil health grant proposals from grant applicants, including proposed budgets, proposed grant outcomes, and the qualifications of any eligible entities applying for grants;

(V) Review any agreements for cooperation or collaboration entered into by the department as authorized in section 35-73-105 (1)(e);

(VI) Evaluate the results and effectiveness of soil health activities and the soil health program in improving soil health; and

(VII) Recommend to the commissioner ways to enhance statewide efforts to support healthy soils throughout the state.

(8) Members of the advisory committee receive no compensation for their service on the advisory committee but may be reimbursed for actual and necessary travel and other actual expenses incurred in the performance of their official duties. The department shall adopt uniform and reasonable guidelines governing expense reimbursement.

(9) This section is repealed, effective September 1, 2031. Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 35-35-101 — CO Code / Title 35 / Article 35 / Section 35-35-101
35-35-101. System of grading
Status: in_force

35-35-101. System of grading. Any person, firm, company, association, or corporation, foreign or domestic, who makes a business of buying grain, wheat, corn, barley, oats, or rye from the producer shall be required to buy the same on the basis of federal grades, and the purchasing agent of each person, firm, company, association, or corporation dealing in grain shall inspect and grade all grain purchased in accordance with the federal grades in effect at the time of said inspection.
C.R.S. § 35-52-111.2 — CO Code / Title 35 / Article 52 / Section 35-52-111.2
35-52-111.2. Enforcement
Status: in_force

35-52-111.2. Enforcement. (1) The commissioner shall enforce the provisions of this article.

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

(3) Whenever the commissioner possesses evidence satisfactory to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
C.R.S. § 35-40-112 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-112
35-40-112. County treasurer to administer oath
Status: repealed

35-40-112. County treasurer to administer oath. (Repealed)
C.R.S. § 35-33-102 — CO Code / Title 35 / Article 33 / Part 1 / Section 35-33-102
35-33-102. Legislative declaration
Status: in_force

35-33-102. Legislative declaration. The general assembly declares that the purpose of this article is to regulate the slaughter and processing of certain animals intended for human consumption. The general assembly finds that the production, processing, and consumption of meat animals plays an important part in the economy of this state and that to maintain the integrity of this industry and to protect the public health and welfare it is essential that the slaughter and processing of these animals occur in a safe, sanitary, and nondeceptive manner. It is therefore necessary to provide for the regulation of the slaughter and processing of meat animals.
C.R.S. § 35-57-101 — CO Code / Title 35 / Article 57 / Section 35-57-101
35-57-101. Short title
Status: in_force

35-57-101. Short title. This article shall be known and may be cited as the "Colorado Beef Council Authority Act".
C.R.S. § 35-7-104 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-104
35-7-104. Cooperative agreements
Status: in_force

35-7-104. Cooperative agreements. Operations under the provisions of this part 1 for the control and eradication of rodent pests shall be in accordance with the approved procedure of the federal agency and in accordance with the terms of such agreements as shall be entered into by the department and the federal agency. To enable the department to carry out any such agreement or to perform the duties devolved upon the department in carrying out the purpose of this part 1, the department is authorized to enlist and pay the necessary expenses of volunteer agents and to employ and pay the salary and necessary expenses of such other agents as may be required to act in their behalf. To further enlarge and accelerate operation for the control of such rodent pests, the department, acting in conjunction with the federal agency, may enter into cooperative agreements with boards of county commissioners or with associations, corporations, or individuals owning land subject to or menaced by such infestations.
C.R.S. § 35-75-109 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-109
35-75-109. Authority - rules and regulations
Status: in_force

35-75-109. Authority - rules and regulations. (1) Prior to exercising its authority under section 35-75-108 (1), the authority shall promulgate rules and regulations governing its activities authorized under this article, including, but not limited to:

(a) Procedures for the submission of requests or invitations and proposals for making loans to lenders and procedures for the investment in, purchase, assignment, and sale of loans;

(b) Procedures for reinvestment by lenders of the proceeds, or an equivalent amount, from any loan to lenders and procedures for the investment in or purchase by the authority of loans or the assignment or sale to the authority of loans to finance agricultural enterprises;

(c) The number of agricultural projects, location of the projects, and other characteristics of agricultural enterprises to be financed directly or indirectly by the authority pursuant to section 35-75-108 (1), including, to the extent reasonably possible, assurance that the agricultural enterprises to be financed by an issue of bonds or series of issues will improve employment conditions or otherwise enhance the welfare of persons in the agricultural sector;

(d) Rates, fees, charges, and other terms and conditions of originating or servicing loans in order to protect against an excessive financial return or benefit by the originator or servicer;

(e) The type and amount of collateral or security to be provided to assure repayment of loans made by the authority;

(f) The type of collateral, payment bonds, performance bonds, or other security to be provided for any loans made by a lender for construction loans;

(g) The nature and amount of fees to be charged by the authority to provide for expenses and reserves of the authority;

(h) Standards and requirements for the allocation of available money among lenders and the determination of the maturities, terms, conditions, and interest rates for loans made, purchased, sold, assigned, or committed pursuant to this article;

(i) Commitment requirements for agricultural financing by lenders involving money provided directly or indirectly by the authority; or

(j) Any other matters related to the duties or exercise of the authority's powers or duties under this article.
C.R.S. § 35-60-105 — CO Code / Title 35 / Article 60 / Section 35-60-105
35-60-105. Distribution fees - reports
Status: repealed

35-60-105. Distribution fees - reports. (1) Except as provided in subsection (5) of this section, the person whose name appears on the label as the manufacturer, guarantor, or distributor shall pay distribution fees, in an amount established by the state agricultural commission, subject to the following conditions:

(a) No fee shall be paid on commercial feed if the payment has already been made by a previous distributor. If the fee has not been paid by a previous distributor, the final distributor listed on the label as the manufacturer, guarantor, or distributor shall pay the fee.

(b) No fee shall be paid on customer-formula feeds if the distribution fee has been paid on the commercial feeds that are used as ingredients in the customer-formula feeds. No feed ingredient that is supplied by a farmer or feeder to a manufacturer shall be subject to a fee when used by the manufacturer to produce a customer-formula feed for the farmer or feeder.

(c) (I) (A) For each fiscal year, commencing on July 1, fifty percent of the direct and indirect costs of administering and enforcing this article 60 must be funded from the general fund. The state agricultural commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund.

(B) Repealed.

(II) An annual distribution fee per product as established by the agricultural commission shall be paid in lieu of the distribution fee on commercial feed that is distributed in the state only in packages of ten pounds or less.

(d) The minimum total distribution fee paid shall be as established by the agricultural commission.

(2) In the case of a commercial feed that is distributed in the state both in packages of ten pounds or less, and in packages weighing over ten pounds, the distribution fee required pursuant to subsection (1) of this section shall be paid on the commercial feeds distributed in package weights over ten pounds with a minimum distribution fee established by the agricultural commission. The annual flat distribution fee required pursuant to paragraph (c) of subsection (1) of this section shall be paid on the products sold in packages of ten pounds or less.

(3) Each person who is required to pay the distribution fee set forth in subsection (1) of this section shall:

(a) File with the department each year, not later than the due date specified by the commissioner by rule, a statement that sets forth the number of net tons of commercial feeds distributed in the state and any other information required by the commissioner as set forth in rule. Distribution fees that are due in accordance with subsection (1) of this section shall be paid when the annual statement is filed. Distribution fees that have not been remitted to the department by the due date shall be assessed a penalty fee of ten percent of the amount due or a minimum fee established by the state agricultural commission, whichever amount is greater, which shall be added to the distribution fees that are due and owed. The assessment of a penalty fee is in addition to and not a substitute for any other penalties or remedies available to the commissioner under this article.

(b) Maintain records as may be required by the commissioner to accurately reflect the tonnage of commercial feed distributed in this state, and the commissioner shall have the right to examine such records to verify statements of tonnage.

(4) (a) A distributor who is subject to the distribution fees for small packages of ten pounds or less shall file with the commissioner, along with the annual statement required by paragraph (a) of subsection (3) of this section, a list of all small package items weighing ten pounds or less that are distributed in this state. New products added during the year must be submitted to the commissioner as a supplement to this list before distribution.

(b) If the list required in paragraph (a) of this subsection (4) is not received with the annual statement or by the due date specified by the commissioner, a penalty fee in an amount established by the agricultural commission shall be added to the amount due. The assessment of a penalty fee is in addition to and not a substitute for any other penalties or remedies available to the commissioner under this article.

(5) A person other than the manufacturer, guarantor, or distributor may assume liability for payment of the distribution fee pursuant to subsection (1) of this section.

(6) All fees collected under 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. § 35-26-109 — CO Code / Title 35 / Article 26 / Section 35-26-109
35-26-109. Penalties
Status: in_force

35-26-109. Penalties. (1) Any person who intentionally violates any provision of this article 26 or the rules or regulations promulgated pursuant to this article 26 commits a petty offense and shall be punished as provided in section 18-1.3-503.

(2) Any person who violates any provision of this article 26, or any rule or regulations 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.

(3) 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.

(4) If the commissioner is unable to collect such civil penalty or if any person fails to pay all of the civil penalty or a set portion 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.

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

(6) (Deleted by amendment, L. 91, p. 155, § 12, effective July 1, 1991.)
C.R.S. § 35-65-109 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-109
35-65-109. Authorization of peace officers to preserve order and protect exhibits
Status: in_force

35-65-109. Authorization of peace officers to preserve order and protect exhibits. The board of directors or executive committee of any agricultural, horticultural, or stock society of this state is authorized to contract with a city, town, county, or city and county in whose jurisdiction the grounds of said society are located to provide peace officers, as provided in section 16-2.5-101, whose duty it is to preserve order within and around the grounds of said society, to protect the property within said grounds, and to eject all persons who are improperly within the grounds of said society who are guilty of disorderly conduct or who neglect or refuse to pay the fee or observe the rules prescribed by the society. Said peace officers have the same power, during the time said exhibition continues, that a sheriff has by law to keep the peace.
C.R.S. § 35-14-103 — CO Code / Title 35 / Article 14 / Section 35-14-103
35-14-103. Systems of weights and measures - customary or metric
Status: in_force

35-14-103. Systems of weights and measures - customary or metric. The inch pound system and the metric system of weights and measures are jointly valid, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weights and measures, the tables of weights and measures, and the equivalents of weights and measures, as published by the national institute of standards and technology, are recognized and shall govern weighing and measuring equipment and transactions in this state.
C.R.S. § 35-36-213 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-213
35-36-213. Enforcement - inspection of commodity handlers' property - confidentiality
Status: in_force

35-36-213. Enforcement - inspection of commodity handlers' property - confidentiality. (1) The department has the power to inspect commodity handlers' places of business. The department shall investigate any complaint concerning the operation of any commodity handler or any person attempting or offering to act as a commodity handler, subject to this part 2.

(2) 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 and until dismissed or until notice of hearing and charges is served on a licensee, unless otherwise provided by court order.

(3) The commissioner, upon consent of the licensee or upon obtaining an administrative search warrant, has the right to inspect any commodity handler's place of business where commodities are stored, handled, or received and any records pertaining to storage obligations and commodity positions kept by the commodity handler that pertain to the operation of the place of business. The property, books, records, accounts, and papers pertaining to storage obligations and commodity positions of every commodity handler are subject to inspection and copying by the commissioner.

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

(5) The commissioner may examine the ledgers, books, accounts, memoranda, and other documents and the commodities, scales, measures, and other items in connection with the business of any licensee relating to whatever transactions may be involved.

(6) The commissioner is not required to investigate or act upon complaints regarding transactions that occurred more than one hundred twenty days before the date upon which the commissioner received the written complaint.

(7) If the investigation is against a licensee, the commissioner shall proceed to ascertain the names and addresses of all producers, dealers, or owners of commodities, together with the accounts unaccounted for or due and owing to them by the licensee, and shall request the producers, dealers, or owners to file verified statements of their respective claims with the commissioner. If a producer, dealer, or owner fails, refuses, or neglects to file a verified statement in the office of the commissioner within thirty days after the date of the request, the commissioner is relieved of any further duty or action under this part 2 on behalf of the producer, dealer, or owner.

(8) In the course of any investigation, the commissioner may attempt to effectuate a settlement between the respective parties.

(9) (a) If the commissioner determines, after concluding an investigation on any complaint, that reasonable grounds exist to believe that a licensee has violated this part 2, the commissioner shall notify the licensee that the complaint is valid and shall inform the licensee of the licensee's opportunity to request a hearing, in writing, on the complaint within ten days after the date of the notice.

(b) Upon the receipt of a request for a hearing from a licensee or if the commissioner determines that a hearing concerning any licensee is necessary, the commissioner shall cause a copy of the complaint or the grounds specified in section 35-36-205, together with a notice of the time and place of the hearing, to be served personally or by mail upon the licensee. Service shall be made at least ten days before the hearing, which shall be held in the city or town in which the business location of the licensee is situated or in which the transactions involved allegedly occurred or at any convenient place designated by the commissioner.

(c) The commissioner shall conduct the hearing pursuant to section 24-4-105. Thereafter, the commissioner shall enter a decision specifying the relevant facts established at the hearing. If the commissioner determines from the facts specified that the licensee has not violated this part 2 or section 35-36-104, the commissioner shall dismiss the complaint. If the commissioner determines from the facts specified that the licensee has violated this part 2 or section 35-36-104, and that the licensee has not yet made complete restitution to the person complaining, the commissioner shall determine the amount of damages, if any, to which the person is entitled as the result of the violation and shall enter an order directing the offender to pay the amount to the person complaining on or before the date fixed in the order. A copy of the decision shall be furnished to all the respective parties to the complaint.

(10) As a result of the hearing, the commissioner may also enter any order suspending or revoking the license of a licensee or may place the licensee on probation if the commissioner determines that the licensee has committed any of the unlawful acts specified in section 35-36-217 or that the licensee has violated this part 2 or section 35-36-104.

(11) (a) If a person against whom an order, as specified in subsection (9)(c) of this section, is made and issued fails, neglects, or refuses to obey the order within the time specified in the order, the commissioner may issue a further order to that person directing the person to show cause why the person's license should not be suspended or revoked for failure to comply with the order.

(b) In such case, a copy of the order to show cause, together with a notice of the time and place of the hearing, shall be served personally or by mail upon the person involved. Service shall be made at least ten days before the hearing, which shall be held in the city or town in which the business location of the licensee is situated or at any convenient place designated by the commissioner.

(c) The commissioner shall conduct the hearing pursuant to section 24-4-105 and thereafter shall enter an order and decision specifying the facts established at the hearing and either dismissing the order to show cause, or directing the suspension or revocation of the license held by the licensee, or making such other conditional or probationary orders as may be proper. A copy of the order and decision shall be furnished to the licensee.

(d) Nothing in this section limits the power of the commissioner to revoke or suspend a license when the commissioner is satisfied that one or more of the acts specified in section 35-36-217 was committed.

(12) Whenever the absence of records or other circumstances makes it impossible or unreasonable for the commissioner to ascertain the names and addresses of all persons specified in subsection (7) of this section, the commissioner, after exercising due diligence and making a reasonable inquiry to secure the information from all reasonable and available sources, is not liable or responsible for the claims or the handling of claims that may subsequently appear or be discovered. After ascertaining all claims, assessments, and statements in the manner set forth in subsection (7) of this section, the commissioner may then demand payment on the bond or irrevocable letter of credit on behalf of those claimants whose claims have been determined by the commissioner as valid and, in the instance of a bond, may settle or compromise the claims with the surety company on the bond and execute and deliver a release and discharge of the bond involved. Upon the refusal of the surety company to pay the demand, the commissioner may bring an action on the bond on behalf of the producer, dealer, or owner.

(13) For the purpose of this section, a transaction is deemed to have occurred:

(a) On the date that possession of commodities is transferred by a claimant; or

(b) In the case of delayed payment transactions, on the contractual date of payment or, if there is no contractual date of payment, thirty days following the transfer of title.

(14) A commodity handler or small-volume commodity handler shall maintain a public warehouse in a manner adequate to provide a convenient and safe means of ingress and egress to the various storage bins and compartments by those persons authorized to make inspections.

(15) (a) Each warehouse shall be kept open for the purpose of receiving commodities for storage and delivering commodities out of storage every business day for a period of not less than six hours between the hours of 8 a.m. and 6 p.m., except as provided in subsection (15)(b) of this section. The commodity handler or small-volume commodity handler shall post conspicuously on the door of the public entrance to the commodity handler's or small-volume commodity handler's office and to the commodity handler's or small-volume commodity handler's warehouse a notice showing the hours during which the warehouse will be kept open; except that the notice is not necessary when a warehouse is kept open continuously from 8 a.m. to 6 p.m.

(b) Whenever a warehouse is not to be kept open as required by subsection (15)(a) of this section, the notice posted as prescribed in subsection (15)(a) of this section must state the period during which the warehouse is to be closed and the name, address, and telephone number, if any, of the person who is authorized to deliver commodities stored in the warehouse upon lawful demand by the depositor of the commodity or the holder of the receipt of the commodity, as the case may be.
C.R.S. § 35-13-106 — CO Code / Title 35 / Article 13 / Section 35-13-106
35-13-106. Effect of rules and regulations - prohibitions
Status: in_force

35-13-106. Effect of rules and regulations - prohibitions. The rules and regulations promulgated pursuant to this article shall have uniform force and effect throughout the state, and no municipality or other political subdivision shall enact or enforce any ordinances, rules, or regulations which do not meet the rules and regulations promulgated pursuant to this article; except that home rule cities enforcing ordinances, rules, and regulations equal to or more stringent than those prescribed under this article may continue to perform such functions.
C.R.S. § 35-24.5-102 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-102
35-24.5-102. Legislative declaration
Status: in_force

35-24.5-102. Legislative declaration. (1) The general assembly finds and declares that it is in the interest of the people of the state that the practice of aquaculture be encouraged in order to promote agricultural diversification, augment food supplies, expand employment opportunities, promote economic activity, increase stocks of fish and other aquatic life, protect and better use and manage the land and water resources of the state, and provide other benefits to the state.

(2) The general assembly further finds and declares that aquaculture shall be considered an agricultural enterprise as defined in the "Colorado Agricultural Development Authority Act", article 75 of this title, and, for property tax assessment purposes, shall be classified pursuant to section 39-1-102 (1.6)(b), C.R.S.
C.R.S. § 35-53-129 — CO Code / Title 35 / Article 53 / Section 35-53-129
35-53-129. Permanent permit for rodeo and other horses - rules
Status: in_force

35-53-129. Permanent permit for rodeo and other horses - rules. (1) Competition horses, other than contractor-owned bucking horses, that are used in rodeo and horse show competitions, registered breed show horses, racehorses, special drill and pleasure horses, and Colorado farm or ranch work or saddle horses shall be eligible to receive a permanent transportation permit that shall be valid for both interstate and intrastate movement if positive proof of ownership is established to the state board of stock inspection commissioners or a duly authorized Colorado brand inspector. Upon completion of an application form, approved by the board, which shall give a thorough physical description showing all brands, no brands, tattoos, or other characteristics carried by the horse, accompanied by a copy of the brand inspection certificate and a transportation permit fee in an amount determined by the board by rule made payable to the state board of stock inspection commissioners, a permanent hauling transportation permit shall be issued that shall be good for the life of the horse unless a change of ownership takes place, in which case the permit will become void. The new owner may make application for permit by the same full compliance as the prior owner. Any person fraudulently using a transportation permit issued under this section commits a petty offense and shall be punished as provided in section 18-1.3-503.

(2) A permit issued pursuant to this section shall be in lieu of other permits required under the provisions of this article.
C.R.S. § 35-75-201 — CO Code / Title 35 / Article 75 / Part 2 / Section 35-75-201
35-75-201. Legislative declaration - purpose of part
Status: in_force

35-75-201. Legislative declaration - purpose of part. (1) The general assembly finds, determines, and declares that, due to current economic conditions throughout rural Colorado, it is in the best interests of the people of this state that measures be taken to encourage, promote, and stimulate agriculturally based economic development and employment in rural Colorado. To that end, it is the purpose of this part 2 to facilitate the processing of agricultural products and commodities within this state to further stimulate the economy and employment in rural Colorado and to serve as a resource for the state's agricultural industry.

(2) The general assembly further finds, determines, and declares that the public purpose served by the grants, loans and loan guarantees, and equity investments authorized by this part 2 preponderates over any individual interests incidentally served thereby.
C.R.S. § 35-61-103 — CO Code / Title 35 / Article 61 / Section 35-61-103
35-61-103. Industrial hemp advisory committee - appointments - duties - coordination with c
Status: repealed

35-61-103. Industrial hemp advisory committee - appointments - duties - coordination with commission. (1) (a) The industrial hemp advisory committee is hereby established. The state agricultural commission created in section 35-1-105 shall appoint an advisory committee to advise the commissioner on matters regarding the regulation of industrial hemp production and to assist the commissioner in promulgating rules to carry out this article 61. The commission shall appoint ten members to the industrial hemp advisory committee as follows:

(I) One member with experience in industrial hemp regulation;

(II) One member who is a farmer from a cooperative;

(III) One member who is a commercial farmer;

(IV) One member with experience in seed development and genetics;

(V) One member representing the hemp manufacturing industry;

(VI) One member representing small hemp businesses;

(VII) Repealed.

(VIII) One member who is a citizen advocate for industrial hemp;

(IX) One member who is a representative from a research institution of higher education;

(X) One member who is a representative from the cannabinoid industry; and

(XI) One member who represents certified seed growers.

(b) The term of office of members of the committee is three years; except that the members appointed pursuant to subsections (1)(a)(I) and (1)(a)(V) of this section serve initial two-year terms to ensure staggered terms of office.

(c) Each committee member holds office until his or her term of office expires or until a successor is duly appointed. If a vacancy occurs on the board, the appointing authorities shall appoint a new member meeting the qualifications of the member vacating the position to serve the remainder of the unexpired term of the member.

(d) Members of the committee shall serve without compensation but are entitled to reimbursement for actual and necessary travel and subsistence expenses incurred in the performance of their official duties as members of the committee.

(2) The committee shall provide advice to the commissioner, review proposed rules, and recommend new rules or changes to existing rules.

(3) Repealed.

(4) The committee shall meet at least once a year.
C.R.S. § 35-27-111 — CO Code / Title 35 / Article 27 / Section 35-27-111
35-27-111. Registration of custom seed conditioners, farmer seed labelers, retail seed deal
Status: in_force

35-27-111. Registration of custom seed conditioners, farmer seed labelers, retail seed dealers, and seed labelers - form - fees - renewal - rules. (1) After January 1, 1994, no person shall act as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state, except as provided in this article, if such person is not registered with the department.

(2) (a) A person may register as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler by submitting information on the form and with the registration fee prescribed by the commissioner.

(b) (I) Each registration completed pursuant to this section is effective for up to one year, subject to a renewal schedule established by the commissioner by rule.

(II) (Deleted by amendment, L. 2020.)

(c) A registrant shall report any change in the information provided in such registrant's registration form or in any report submitted to the department pursuant to this article within fifteen days of such change in the manner prescribed by the commissioner.

(3) The following persons shall be exempt from the provisions of subsections (1) and (2) of this section:

(a) Any person registered as a custom seed conditioner, farmer seed labeler, or seed labeler shall not be required to register as a retail seed dealer to sell seed at retail in Colorado;

(b) Any person registered as a seed labeler shall not be required to register as a custom seed conditioner in Colorado;

(c) Any person registered as a farmer seed labeler shall not be required to register as a custom seed conditioner if such person is only cleaning or conditioning such person's own seed; and

(d) Any person acting as a retail seed dealer selling only prepackaged seed in containers of one pound or less shall not be required to register as a retail seed dealer if the seed labeler supplying such prepackaged seed is properly registered.

(4) (a) Subject to modification by rule pursuant to subsection (4)(b) of this section, the registration fee for each registrant is as follows:

(I) For custom seed conditioners and seed labelers, five hundred nineteen dollars;

(II) For farmer seed labelers and retail seed dealers, one hundred thirty dollars; and

(III) For retail seed dealers for each separate location, forty-three dollars.

(b) The commissioner may adjust registration fees by rule; except that registration fees for:

(I) Custom seed conditioners and seed labelers must not exceed seven hundred dollars; and

(II) Farmer seed labelers and retail seed dealers must not exceed two hundred dollars.

(c) The commissioner shall, by rule, establish fees for each additional separate registration location according to the class of registrant; except that the fee for:

(I) Custom seed conditioners and seed labelers must not exceed two hundred dollars for each additional separate location; and

(II) Farmer seed labelers and retail seed dealers must not exceed two hundred dollars for each additional separate location.

(5) (a) Any person registered pursuant to this article may renew such person's registration within one year of its expiration. No registration shall be renewed if it is not renewed within one year of expiration.

(b) A registration may be renewed by a registrant by submitting a completed registration renewal form and the requisite renewal fee before such registrant's current registration expires. Such renewal forms and fees shall be prescribed by the commissioner.

(c) If a registrant does not complete the renewal process in compliance with paragraph (b) of this subsection (5), such registrant shall be required to pay a fee of an amount double the prescribed renewal fee.

(d) No renewal shall be effective until the requisite fee is received by the department.
C.R.S. § 35-49-116 — CO Code / Title 35 / Article 49 / Section 35-49-116
35-49-116. Appropriation - transfer of funds
Status: in_force

35-49-116. Appropriation - transfer of funds. The general assembly shall annually appropriate from the general fund moneys for the administration of this article.
C.R.S. § 35-23-115 — CO Code / Title 35 / Article 23 / Section 35-23-115
35-23-115. Information confidential
Status: in_force

35-23-115. Information confidential. All information obtained as the result of any inspection made under the provisions of this article shall not be open to inspection by the public; except that the commissioner shall prepare and certify to any financially interested party a copy of the original inspection certificate of any inspection upon the payment to him of his fees therefor. The commissioner is authorized to prescribe rules and regulations governing the issuance of such certificates.
C.R.S. § 35-53.5-110 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-110
35-53.5-110. Audits - inspections - complaints
Status: in_force

35-53.5-110. Audits - inspections - complaints. (1) The board or an authorized brand inspector may audit a certified feedlot at any reasonable time, with or without advance notice, to ensure compliance with this article or any rules adopted under the authority granted in this article.

(2) (a) The board shall determine the depth and frequency of any feedlot audit.

(b) The audit of a certified feedlot may include physical inspection of animals in any area of the facility and may include any document required to verify head count, valid ownership, or legal entry into the facility.

(3) (a) Any person having reasonable suspicion of a potential violation may request, directly to the brand commissioner or his or her designated agent, an inspection or audit of a specific certified feedlot or pen therein. Such request may be granted or denied based upon rules of the board governing such inspection or audit. The person requesting such audit shall be responsible for the board's fees and costs incurred in conducting the inspection or audit; except that, if any violations are proven as a result of the inspection or audit, such person shall be reimbursed from the penalties assessed pursuant to section 35-53.5-113.

(b) The owner of a certified feedlot may request an inspection of cattle held at the feedlot upon payment to the board of all applicable fees.
C.R.S. § 35-55-115 — CO Code / Title 35 / Article 55 / Section 35-55-115
35-55-115. Disposition of fees
Status: in_force

35-55-115. Disposition of fees. All license fees collected from public livestock markets shall be deposited with the state treasurer and shall be placed in the brand inspection fund by the state treasurer for use of the board in paying ordinary expenses of the state board of stock inspection commissioners.
C.R.S. § 35-54-103 — CO Code / Title 35 / Article 54 / Section 35-54-103
35-54-103. Requirements of bill of sale
Status: in_force

35-54-103. Requirements of bill of sale. (1) A duly executed bill of sale is an instrument in writing by which the legal owner or authorized agent transfers to the buyer the title of livestock therein described and guarantees to defend said title against all lawful claims. It shall definitely describe the animal sold as follows:

(a) Horses or mules, age, color, and sex, with special markings, including all iron brands carried;

(b) Registered cattle, registration number tattooed in ear, name, sex, breed, brand, and marks, if any;

(c) Range cattle, sex, age, breed, brands or earmarks, wattle or dewlap, horned or dehorned;

(d) When the sale or transfer involves neat cattle carrying one or more Colorado recorded brands, the cattle shall be tallied for brands, and the brands described in the bill of sale, giving location on the animal of all Colorado recorded brands;

(e) Sheep, number, breed class, ewes, rams, wethers, lambs, paint brands, firebrands, and earmarks.

(2) Both the seller and the buyer shall sign the bill of sale, giving the post-office address of each, in the presence of a witness, who also signs with his name and address, and who is a legal resident of the county where the transfer of the described livestock takes place. The bill of sale shall be dated the day of the transaction.
C.R.S. § 35-36-202 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-202
35-36-202. Exemptions
Status: in_force

35-36-202. Exemptions. (1) The provisions of this part 2 that apply to warehouse operators do not apply to the owner or operator of a public warehouse or other facility where the owner or operator:

(a) Operates a public warehouse in this state with a valid license issued either by the United States department of agriculture or under the "United States Warehouse Act", 7 U.S.C. sec. 241 et seq.;

(b) Receives only commodities that the owner or operator has purchased, that the owner or operator is processing or cleaning for the owners of the commodities, or that the owner or operator is maintaining for such other purposes as the department may, by rule, prescribe; and

(c) Keeps written evidence, as required by the department, that clearly shows that the warehouse operator maintains the commodities for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section. The department shall consider a commodity left or deposited with a warehouse operator whose records do not include evidence that the commodity was left or deposited for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section as a commodity deposited for storage and handling.
C.R.S. § 35-65-106 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-106
35-65-106. Revolving fund
Status: repealed

35-65-106. Revolving fund. (Repealed)
C.R.S. § 35-33-403 — CO Code / Title 35 / Article 33 / Part 4 / Section 35-33-403
35-33-403. License fees - evidence of financial responsibility
Status: repealed

35-33-403. License fees - evidence of financial responsibility. (Repealed)
C.R.S. § 35-9-102 — CO Code / Title 35 / Article 9 / Section 35-9-102
35-9-102. Legislative declaration
Status: in_force

35-9-102. Legislative declaration. The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly further finds and declares that it is the intent of this article to assure the dissemination of accurate information regarding the proper and prohibited uses of any pesticide or device. The provisions of this article are enacted to protect the public health, safety, and welfare of the people of this state.
C.R.S. § 35-55-105 — CO Code / Title 35 / Article 55 / Section 35-55-105
35-55-105. Posting licenses
Status: in_force

35-55-105. Posting licenses. A certified copy of an issued license may be procured by the holder of the original upon payment of a fee of one dollar therefor, and the original or certified copy of said license shall be posted during sale periods in a conspicuous place on the premises where the public livestock market is conducted.
C.R.S. § 35-65-107.5 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-107.5
35-65-107.5. Capital construction and controlled maintenance
Status: repealed

35-65-107.5. Capital construction and controlled maintenance. (Repealed)
C.R.S. § 35-27-120 — CO Code / Title 35 / Article 27 / Section 35-27-120
35-27-120. Reports - bulletins
Status: in_force

35-27-120. Reports - bulletins. Except as provided for in section 35-27-115 (4), the commissioner may publish bulletins or press reports setting forth results of any examination, analysis, or test conducted pursuant to this article. Bulletins may include the names of persons who have had seed lots examined, analyzed, or tested. The commissioner may also publish bulletins or press reports which set forth information on seed. Any such report or publications intended for circulation outside the executive branch shall be published and circulated in accordance with the provisions of section 24-1-136, C.R.S.
C.R.S. § 35-25-104 — CO Code / Title 35 / Article 25 / Section 35-25-104
35-25-104. Advisory committee and districts
Status: repealed

35-25-104. Advisory committee and districts. (1) There is hereby created an advisory committee to be nominated by the beekeeping industry and composed of seven members to be appointed by the commissioner. The members shall meet with and advise the commissioner concerning the needs of the beekeeping industry and shall assist in formulating rules and regulations pertaining to the administration of this article. The members shall be as follows:

(a) A beekeeper from the area of the Colorado river drainage basin, to be known as district 1;

(b) A beekeeper from the area of the Rio Grande river drainage basin and all of Chaffee county, to be known as district 2;

(c) A beekeeper from the area of the Arkansas river drainage basin, except Chaffee county, to be known as district 3;

(d) A beekeeper from the area of the Platte and Republican rivers drainage basin, to be known as district 4;

(e) The president of the Colorado beekeepers association;

(f) The extension entomologist;

(g) One member who is a beekeeper at large.

(2) Members of the advisory committee shall receive no compensation.

(3) Repealed.
C.R.S. § 35-12-114 — CO Code / Title 35 / Article 12 / Section 35-12-114
35-12-114. Rules
Status: in_force

35-12-114. Rules. The commissioner is authorized, pursuant to section 24-4-103, C.R.S., to adopt and enforce rules to implement, administer, and enforce this article. The rules shall include, but are not limited to, rules relating to sampling, analytical methods, ingredient form, availability, minimums, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling, commercial fertilizers, specialty fertilizers, soil conditioners, plant amendments, and compost, as may be necessary to carry into effect the full intent and meaning of this article. The commissioner shall not adopt any rule that is inconsistent with a rule promulgated by a state entity for any substance governed by this article.
C.R.S. § 35-21-106 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-106
35-21-106. Rules - commissioner to enforce - procedure
Status: in_force

35-21-106. Rules - commissioner to enforce - procedure. (1) The commissioner may formulate rules concerning licensing, transporting, processing, labeling, sale, storage, inspection, and record keeping for the furtherance and enforcement of this part 1 for both poultry eggs and other eggs. The commissioner shall promulgate the rules in accordance with article 4 of title 24.

(2) (a) The commissioner is responsible for enforcing this article. The commissioner or the commissioner's designee shall have access during regular business hours to business premises, facilities, vehicles, and records pertinent to activities regulated under this article.

(b) If the commissioner determines that this article 21 or the rules promulgated for the enforcement of this article 21 are being violated, the commissioner may cause "stop sale notices" to be placed on all poultry eggs or other eggs being sold or offered for sale in violation of this article 21 or the rules. A person shall not sell or otherwise dispose of poultry eggs or other eggs upon which a "stop sale notice" has been issued until the "stop sale notice" has been canceled by the commissioner or a duly authorized agent.

(3) (a) If an authorized person from the department requests to inspect poultry eggs or other eggs, it is unlawful for a person to refuse to submit for inspection the following or to refuse to stop a vehicle transporting the following:

(I) Poultry eggs;

(II) Other eggs;

(III) Poultry egg products; or

(IV) Other egg products.

(b) Any authorized agent of the department may, while enforcing this article 21, seize and hold as evidence any carton or container of poultry eggs or other eggs received, packed, stored, delivered for shipment, loaded, or in transit in violation of this article 21.
C.R.S. § 35-36-206 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-206
35-36-206. Bailment of commodities
Status: in_force

35-36-206. Bailment of commodities. (1) Acceptance of commodities for storage by a warehouse operator constitutes a bailment and not a sale. Stored commodities are not subject to seizure upon process of a court in an action against the bailee, except upon action by owners of the stored commodities or the commissioner to enforce the terms of the bailment; but, in the event of the failure or insolvency of a bailee, commodities shall be first applied exclusively to the settlement on an equal basis of all outstanding negotiable warehouse receipts and other open storage obligations for commodities so stored with the bailee.

(2) Forwarded commodities shall be used only to meet the storage obligation to the forwarding warehouse operator.

(3) The purchase of a commodity does not constitute a bailment.
C.R.S. § 35-52-107 — CO Code / Title 35 / Article 52 / Section 35-52-107
35-52-107. Chutes and yards disinfected
Status: repealed

35-52-107. Chutes and yards disinfected. (Repealed)
C.R.S. § 35-60-107 — CO Code / Title 35 / Article 60 / Section 35-60-107
35-60-107. Adulteration and misbranding
Status: in_force

35-60-107. Adulteration and misbranding. (1) (a) No person may manufacture or distribute in this state any feed that is adulterated or misbranded.

(b) No person may use any feed that is adulterated for any cattle, sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food.

(2) A feed is adulterated if any of the following apply:

(a) The feed bears or contains any poisonous or deleterious substance that may render the feed harmful to health; except that, if the poisonous or deleterious substance is not an added substance, a feed shall not be considered adulterated under this subsection (2) if the quantity of such substance in the feed does not ordinarily render it harmful to health.

(b) The feed bears or contains any added poisonous, deleterious, or nonnutritive substance that is unsafe within the meaning of section 406 of the "Federal Food, Drug, and Cosmetic Act", as amended. This paragraph (b) is not applicable to:

(I) A pesticide used according to label directions on a raw agricultural commodity contained in the feed; or

(II) A food additive that complies with 40 CFR 180.

(c) The feed is a raw agricultural commodity and it bears or contains pesticide residue that is unsafe within the meaning of section 408 (a) of the "Federal Food, Drug, and Cosmetic Act", unless all of the following apply:

(I) The pesticide chemical was applied to the raw agricultural commodity according to an exemption or tolerance under section 408 of the "Federal Food, Drug, and Cosmetic Act";

(II) The raw agricultural commodity has been processed by canning, cooking, freezing, dehydrating, milling, or other processing procedure;

(III) The pesticide residue has been removed from the raw agricultural commodity to the greatest extent possible with good manufacturing practices; and

(IV) The pesticide residue concentration of the feed does not exceed the tolerance prescribed for that pesticide in the raw agricultural commodity.

(d) The feed, if fed to an animal, will likely cause any edible product of that animal to contain a pesticide residue that is unsafe within the meaning of section 408 of the "Federal Food, Drug, and Cosmetic Act".

(e) The feed contains any food additive that is unsafe within the meaning of section 409 of the "Federal Food, Drug, and Cosmetic Act".

(f) The feed contains any color additive that is unsafe within the meaning of section 721 of the "Federal Food, Drug, and Cosmetic Act".

(g) The feed contains any new animal drug that is unsafe within the meaning of section 512 of the "Federal Food, Drug, and Cosmetic Act".

(h) The feed contains any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed.

(i) The feed is manufactured, packaged, or held under unsanitary conditions that may contaminate it with filth or make it harmful to health.

(j) The feed is, in whole or in part, the product of a diseased animal or of an animal that has died by a method other than slaughter and such method is unsafe within the meaning of section 402 (a)(1) or (2) of the "Federal Food, Drug, and Cosmetic Act".

(k) The feed container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents harmful to health.

(l) The feed has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to section 409 of the "Federal Food, Drug, and Cosmetic Act".

(m) A valuable constituent of the feed falls below or differs from that which is represented on the feed labeling.

(n) The feed contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to rules promulgated by the commissioner concerning good manufacturing practice to assure that the drug meets the requirements of this article as to safety and has the identity, strength, and meets the quality and purity characteristics that it purports or is represented to possess. In promulgating such rule, the commissioner shall adopt the current good manufacturing practice regulations for type A medicated articles and types B and C medicated feeds established under authority of the "Federal Food, Drug, and Cosmetic Act", unless the commissioner determines that such regulations are not appropriate to the conditions that exist in this state.

(o) The feed contains any germinative noxious weed seeds in amounts exceeding the limits that the commissioner shall establish by rule.

(p) The feed is manufactured or distributed or used as feed in a manner that does not conform with, or contains any substance that is prohibited by, any rules adopted by the commissioner under this article, including, but not limited to, rules pertaining to the prevention of transmissible spongiform encephalopathies.

(3) A feed is misbranded if any of the following circumstances occur:

(a) The feed labeling is false, deceptive, or misleading in any particular;

(b) The feed is sold or distributed under the name of another feed;

(c) The feed labeling violates any provision of this article;

(d) The feed purports to contain or is represented as containing a feed ingredient that does not conform to the definition of that feed ingredient prescribed by rule of the commissioner; or

(e) Any word, statement, or other information required by or under authority of this article or any rule adopted pursuant to this article to appear on the feed label or labeling is not prominently and conspicuously placed on the label and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
C.R.S. § 35-43-202 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-202
35-43-202. Brand inspections - custom processing houses - packing plants - feedlots - accep
Status: in_force

35-43-202. Brand inspections - custom processing houses - packing plants - feedlots - acceptable forms of evidence - rules. (1) The board may, during regular business hours, inspect the records, brands, bills of sale, hides, horns, and other items related to proving ownership of or ascertaining the identity of slaughtered livestock at any custom processing house or packing plant licensed by the department or by the United States department of agriculture.

(2) Pursuant to its authority under section 35-41-101 (3), the board may adopt rules in furtherance of this part 2, including rules governing record keeping, contact information, the contents of bills of sale and other records of transfers of livestock or carcasses, the mixing of inspected and uninspected livestock, hide retention, hide exhibition, and brand inspection.

(3) No person shall 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. § 35-1-121 — CO Code / Title 35 / Article 1 / Section 35-1-121
35-1-121. Agricultural behavioral health community of practice work group - creation - gra
Status: repealed

35-1-121. Agricultural behavioral health community of practice work group - creation - grant program - reporting - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Agricultural behavioral health community of practice work group" or "work group" means the agricultural behavioral health community of practice work group created in subsection (2) of this section.

(b) "Agricultural behavioral health grant program" or "grant program" means the agricultural behavioral health grant program created in subsection (3) of this section.

(c) "Behavioral health administration" means the behavioral health administration established in section 27-50-102.

(2) (a) The agricultural behavioral health community of practice work group is created in the department. The purpose of the work group is to convene a group of leaders and experts in agriculture and behavioral health care to improve access to behavioral health care for farmers, ranchers, other agricultural industry workers, and their families.

(b) (I) No later than September 1, 2024, the commissioner, or the commissioner's designee, shall appoint at least seven members to serve on the work group, which must include the agricultural and rural community behavioral health program staff liaison described in section 27-60-303 (1.5) and a designee from the office of suicide prevention created in section 25-1.5-101 (1)(w)(I). The commissioner, or the commissioner's designee, may add additional members, if necessary, to represent the diversity of the agricultural community. The commissioner, or the commissioner's designee, shall appoint members who represent:

(A) Statewide organizations or Indian tribes or tribal organizations with experience providing access, services, and resources for the behavioral health needs of those involved in agriculture;

(B) Statewide agricultural organizations that have programs focused on behavioral health issues;

(C) Statewide organizations that address mental or behavioral health issues;

(D) Veterans service organizations;

(E) Rural behavioral health providers; and

(F) Individuals who have lived experience with mental health issues, behavioral health issues, or substance use disorders and recovery.

(II) The commissioner, or the commissioner's designee, shall select a member of a statewide agricultural organization to chair, facilitate, and lead the work group meetings.

(c) No later than January 1, 2025, the work group shall convene the first meeting and establish procedures for meetings, including procedures to allow members of the work group to participate in the meetings remotely. The work group shall meet at least once a month.

(d) The chair, or the chair's designee, shall open the meetings to the public, provide advance public notice of the meetings, and allow public comments at the meetings. The chair, or the chair's designee, shall conduct outreach and encourage community participation in the public meetings.

(e) The department shall organize translation services, upon advance notice and request, for meetings held pursuant to subsections (2)(c) and (2)(d) of this section for members of the work group and members of the public who attend the meetings. The work group shall create a process for a member of the work group or a member of the public to request translation services in advance of a meeting.

(f) Members of the work group who are compensated by an organization to serve on the work group serve without compensation. Members of the work group who are not compensated by an organization to serve on the work group must receive compensation.

(g) The work group shall:

(I) Compile best practices to provide behavioral health care to farmers, ranchers, other agricultural industry workers, and their families;

(II) Identify gaps in the provision of behavioral health care to farmers, ranchers, other agricultural industry workers, and their families;

(III) Engage with other stakeholders involved in agricultural behavioral health care;

(IV) Collect data, as permitted by state and federal data privacy laws, on behavioral health-care outcomes in agricultural communities and steps taken to support farmers, ranchers, other agricultural industry workers, and their families through behavioral health initiatives and programs; and

(V) Report to the department and the behavioral health administration on the data collected pursuant to subsection (2)(g)(IV) of this section and recommend legislative or policy changes to further improve agricultural behavioral health care.

(h) This subsection (2) is repealed, effective September 1, 2029. Before the repeal, the work group is scheduled for review in accordance with section 2-3-1203.

(3) (a) The agricultural behavioral health grant program is created in the department. Subject to available appropriations, the department may administer the grant program. The purpose of the grant program is to award grant money to:

(I) Continue existing programs or create new programs that address the root causes of behavioral health issues in the agricultural industry or in rural communities;

(II) Strengthen collaborative efforts between organizations and communities in addressing the root causes of behavioral health issues in the agricultural industry or in rural communities; and

(III) Improve access to health, wellness, and behavioral health care for farmers, ranchers, other agricultural industry workers, and their families.

(b) In administering the grant program pursuant to subsection (3)(a) of this section, the department shall:

(I) Develop the grant application;

(II) Establish a disbursement timeline for the grants;

(III) Create a rubric to evaluate grant applications;

(IV) Award grant money to eligible recipients;

(V) Require grant recipients to report to the department on the progress of grant-funded projects, findings, and legislative recommendations and establish a deadline for the submittal of the report to the department; and

(VI) Collect the reports described in subsection (3)(b)(V) of this section from grant recipients on the use of grant funds.

(c) In awarding grant money pursuant to subsection (3)(b)(IV) of this section, the department shall prioritize applicants that primarily serve individuals engaged in agriculture. The maximum amount of money a grant recipient may receive annually is fifty thousand dollars.

(4) (a) The department shall contract with a statewide agricultural organization that has established programs addressing behavioral health issues to organize, manage, and convene an in-person annual summit for organizations with an interest in promoting and providing behavioral health care to agricultural communities. The statewide organization shall convene the first in-person annual summit no later than December 2025. The department shall contract with the statewide agricultural organization in accordance with the "Procurement Code", articles 101 to 112 of title 24.

(b) The statewide agricultural organization shall conduct post-event surveys of the individuals who attend the in-person annual summit.

(c) The statewide agricultural organization shall annually provide the department:

(I) Receipts documenting funds spent on the in-person annual summit; and

(II) A report describing the in-person annual summit, including:

(A) The number of attendees;

(B) The names of the organizations that attended;

(C) The results of the post-event surveys described in subsection (4)(b) of this section; and

(D) Any findings or recommendations on changes for future in-person annual summits.

(d) The statewide agricultural organization that contracts with the department is not barred from applying to the grant program.

(5) The department and the behavioral health administration shall enter into an interagency agreement to share data collected in the course of understanding and addressing the behavioral health-care issues in the agricultural industry and in rural communities. The interagency agreement must state that the data shared will be aggregated and anonymized, and data sharing must be in compliance with state and federal data privacy laws.

(6) The department may promulgate rules as necessary for the implementation of this section.

(7) (a) On or before January 1, 2026, and each January 1 thereafter, the department shall submit a report summarizing the work group report described in subsection (2)(g)(V) of this section and the grant recipient reports collected pursuant to subsection (3)(b)(VI) of this section to the agriculture, water, and natural resources committee and the health and human services committee of the house of representatives and the agriculture and natural resources committee and the health and human services committee of the senate, or their successor committees, and the behavioral health administration.

(b) As part of the January 1, 2027, report described in subsection (7)(a) of this section, and in each January 1 report thereafter, the department shall submit a report summarizing the statewide agricultural organization report collected pursuant to subsection (4)(c)(II) of this section.

(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (7) continues indefinitely.
C.R.S. § 35-75-119 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-119
35-75-119. Investment powers of authority
Status: in_force

35-75-119. Investment powers of authority. The authority has the power to invest any funds held in reserve, sinking funds, capital reserve funds, or any funds not required for immediate disbursement in property or in securities in which the state treasurer may legally invest funds subject to his control; and to sell from time to time such securities thus purchased and held; and to deposit any securities in any trust bank within or without the state. In addition, the authority has the power to invest any such funds in unsecured promissory notes of a national bank having the highest investment ratings. Any funds deposited in a banking institution shall be secured in such manner and subject to such terms and conditions as the board may determine, with or without payment of any interest on such deposit, including, without limitation, time deposits evidenced by certificates of deposit. Any commercial bank incorporated under the laws of this state which may act as a depository of any funds of the authority may issue indemnifying bonds or may pledge such securities as may be required by the board.
C.R.S. § 35-43-110 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-110
35-43-110. Proof of ownership - evidence
Status: in_force

35-43-110. Proof of ownership - evidence. In all suits at law or in equity or in any criminal proceeding when the title to animals is involved or proper to be proved, the certified copy provided for in section 35-43-106 shall be prima facie evidence of the ownership of such animal by the person whose brand it may be. Proof of the right of any person, association, or corporation to use such brand shall be made by a copy of the record of same, certified to by the state board of stock inspection commissioners by its secretary or the brand commissioner.
C.R.S. § 35-53-116 — CO Code / Title 35 / Article 53 / Section 35-53-116
35-53-116. Hides inspected - fee - seizure
Status: in_force

35-53-116. Hides inspected - fee - seizure. (1) In the event any authorized brand inspector is making an inspection of hides or the inspection of any slaughtered carcasses, the hides from all such carcasses shall be exhibited to the inspector at the time of the inspection, and if the inspector is satisfied that the person, firm, or corporation is acting within the law, the inspector, in addition to furnishing the certificate, shall tag or mark the carcasses and hides in a manner to be designated by the state board of stock inspection commissioners as evidence that the same have been inspected. In any case where the inspector has reason to doubt the ownership of any carcass or of any hide, he shall refuse to write the hide inspection certificate and shall be authorized to seize any such hide or any such carcass of beef and hold the same for proper proof of ownership and to dispose of the same as provided in sections 35-53-118 and 35-53-119.

(2) In the event that any authorized brand inspector is making any inspection of hides received at any hide house, the owner or person in charge of such hide house shall exhibit any hides in his possession and shall show proof of ownership evidenced by proper bill of sale showing the brand, if any, on the hide or by a brand inspection certificate issued by a brand inspector in the district at the point of origin of the hide. The inspector is authorized to seize and impound any hides in the possession of any hide house that are not properly cleared for ownership by a valid bill of sale or brand inspection certificate and to dispose of the same as provided by law for the disposal of estrays.
C.R.S. § 35-48-103 — CO Code / Title 35 / Article 48 / Section 35-48-103
35-48-103. Inferior bulls or rams
Status: in_force

35-48-103. Inferior bulls or rams. (1) It is unlawful for any person, firm, or corporation to permit any inferior bull over the age of one year or any inferior ram over the age of two months to run at large in this state. Any bull shall be considered an inferior bull that is not registered or eligible for registration as a purebred animal.

(2) Any person permitting cows of which he is the owner or agent of the owner to run at large upon the public ranges of this state shall furnish during breeding season at least one registered purebred bull of one of the recognized beef breeds, not less than eighteen months of age, for every twenty-five head of cows or fraction thereof over ten head so permitted to run at large in this state. No owner or agent of the owner shall permit any jersey, holstein, guernsey, ayrshire, or other bull not registered or eligible for registration as one of the recognized beef breeds to run at large in this state under any pretense whatever, and should any such bull break through any enclosure surrounded by a lawful fence, the owner of such animal shall be liable for all damages occasioned by such trespass.

(3) Any person violating any of the provisions of this section commits a civil infraction.
C.R.S. § 35-53.5-109 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-109
35-53.5-109. Movement of cattle into certified feedlots - notice - inspection
Status: in_force

35-53.5-109. Movement of cattle into certified feedlots - notice - inspection. (1) (a) All Colorado cattle arriving at a certified feedlot from origins in Colorado shall be accompanied by an inspection certificate or Colorado licensed market invoice, issued immediately prior to entry, or shall be inspected upon entry to the certified feedlot. All Colorado cattle that are inspected at the feedlot prior to entry for change of ownership or feedlot entry and that are not accompanied by a Colorado inspection certificate or purchase invoice shall be charged the regular set fees as authorized by section 35-41-104 and shall not be entitled to the discount provided in section 35-53.5-107 (1).

(b) As used in this section, "Colorado cattle" means cattle that either were born in Colorado or were unloaded in Colorado before entering the feedlot.

(2) Cattle received from another brand inspection state or province and accompanied by a current inspection certificate or licensed public livestock market purchase invoice issued immediately prior to shipment that identifies the animals by brand and that identifies the certified feedlot as the final destination shall be exempt from inspection requirements.

(3) All cattle originating from a non-brand inspection area shall be accompanied by purchase and interstate shipment documentation as required by Colorado or the state of origin of the cattle, or both. The document shall include buyer, seller, date of purchase, number of head, sex, average weight, and brands if known. The feedlot shall notify the local brand inspector within twenty-four hours after arrival, and the cattle shall be held separately by source for a maximum of forty-eight hours after such notification so that the inspector may inspect or audit-endorse purchase and shipment documentation so as to establish identity satisfactory to the inspector. No commingling of shipments shall be allowed prior to inspection. The local brand inspector shall not collect any fee for this service.

(4) Cattle received at the feedlot from any source that are rejected by the feedlot for any reason may be shipped out after proper required inspection. Cattle so rejected shall be considered Colorado cattle. These animals shall be kept totally separate from other animals, and no commingling shall be allowed.

(5) The owner of each certified feedlot shall be required to keep a formal, auditable entry log of all cattle entering the facility. This log shall contain information including, but not limited to, the legal owner of the cattle, date of entry, number of head, sex, and lot number or numbers assigned. In addition, the log shall show the brand inspection or purchase invoice that accompanied the livestock upon entry. Such log shall be for the private use of the feedlot and the brand inspector and shall not be considered a public record under the Colorado open records law, article 72 of title 24, C.R.S. The log shall be kept at the certified feedlot at all times.
C.R.S. § 35-1-107 — CO Code / Title 35 / Article 1 / Section 35-1-107
35-1-107. Commissioner of agriculture - report - publications - deputy commissioner - rule
Status: repealed

35-1-107. Commissioner of agriculture - report - publications - deputy commissioner - rules. (1) The commissioner of agriculture shall be the chief administrative officer of the department of agriculture and shall have direct control and management of its functions, subject only to the powers and duties of the commission as prescribed in this article. The commissioner shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The commissioner shall be allowed traveling and subsistence expenses actually and necessarily incurred in the performance of official duties. The commissioner shall maintain an office at the state capitol buildings group and shall be custodian of all property and records of the department.

(2) The commissioner shall require of the head of each agency assigned to the department an annual report containing such information and submitted at such time as the commissioner shall decide.

(3) The commissioner shall exercise control over publications of the department and subordinate units thereof and shall cause such publications as are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136, C.R.S.

(4) The commissioner may appoint the deputy commissioner of agriculture, pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the commissioner, the deputy commissioner shall have all the powers, duties, and responsibilities of the commissioner, as provided by law, and shall exercise such powers, duties, and responsibilities in the absence of the commissioner and when so instructed by the commissioner.

(5) The commissioner is authorized to adopt all reasonable rules for the implementation of articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35. Such rules may include, but are not limited to:

(a) The establishment of classifications and subclassifications for any license authorized under said articles; and

(b) The establishment of any penalty fees that may be assessed for violations of said articles or of rules adopted under said articles or under this section.

(6) The commissioner is authorized to accept gifts, grants, and donations of any kind from any private or public source and, upon receipt, shall transmit all such gifts, grants, or donations to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.

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

(8) Repealed.
C.R.S. § 35-36-311 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-311
35-36-311. Pooled consignment
Status: in_force

35-36-311. Pooled consignment. Local produce or fruit associations or other shippers located in the neighborhood where farm products are grown may receive a reasonable compensation for loading, shipping, and securing persons to handle the products on commission in markets away from the locality where grown. Dealers receiving consignments of farm products from a number of consignors under written agreements or under written authority from them to market the products in season and prorate the net proceeds of the consignments among all consignors or to market the same in connection with other products of the same class may withhold the proportion of the net returns of sales of the consignments as may be necessary to carry out the agreements pertaining to the consignments until final sales have been made. In every case, final settlement shall be made within fifteen days after the final sale of the consignment, unless otherwise agreed to in writing by the consignor.
C.R.S. § 35-27.3-110 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-110
35-27.3-110. Violations - civil penalties
Status: in_force

35-27.3-110. Violations - civil penalties. (1) (a) Except as otherwise provided in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3.

(b) Any person who plants or distributes potatoes in violation of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty imposed by the commissioner shall be at least twenty dollars per acre but shall not exceed one hundred dollars per acre per violation.

(c) Any person who fails to maintain complete and accurate records pursuant to section 35-27.3-106 or rules promulgated pursuant to section 35-27.3-108 (1)(b)(VII) is subject to a civil penalty of at least five hundred dollars but no more than one thousand dollars, as determined by the commissioner.

(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 may bring suit in any court of competent jurisdiction to recover the penalty plus costs and attorney fees.

(4) Moneys collected from any civil penalty imposed under this article shall be paid to the state treasurer, who shall credit the same to the seed potato cash fund created in section 35-27.3-111.
C.R.S. § 35-80-106.6 — CO Code / Title 35 / Article 80 / Section 35-80-106.6
35-80-106.6. Care of dogs and cats in animal shelters and pet animal rescues - legislative de
Status: in_force

35-80-106.6. Care of dogs and cats in animal shelters and pet animal rescues - legislative declaration - requirements. (1) The general assembly finds, determines, and declares that homeless dogs and cats, other than cats that were not socialized to people during their behavioral development and therefore do not allow themselves to be handled, deserve appropriate shelter, care, and enrichment by animal shelters and pet animal rescues.

(2) Each animal shelter and pet animal rescue shall provide each dog and cat held in its custody with timely veterinary care to address and prevent unnecessary or unjustifiable pain and suffering.

(3) Each animal shelter and pet animal rescue shall address the behavioral needs of each dog and cat held in its custody to ensure that the dog or cat is not housed or kept in a manner that fosters stereotypic or self-mutilating behavior.

(4) Nothing in this section limits other available potential live outcomes for dogs or cats in the custody of an animal shelter or pet animal rescue.
C.R.S. § 35-56-105 — CO Code / Title 35 / Article 56 / Section 35-56-105
35-56-105. Record kept by auctioneers
Status: in_force

35-56-105. Record kept by auctioneers. All auctioneers, commission merchants, and other persons who keep a place or stand for publicly vending horses, mules, and horned cattle, or any of them, in a book kept for that purpose, shall keep a true and faithful record of all the animals purchased or sold by them, or under their control, which record shall contain a brief description of the animal, including its age, value, marks, brands, and date of purchase and sale, and the name and residence of the seller and purchaser in each case.
C.R.S. § 35-9-115 — CO Code / Title 35 / Article 9 / Section 35-9-115
35-9-115. Pesticide dealer license - requirements - application - fees - expiration
Status: in_force

35-9-115. Pesticide dealer license - requirements - application - fees - expiration. (1) Each applicant for a pesticide dealer license shall make application to the commissioner providing all information in the form and manner the commissioner shall designate.

(2) Each applicant for a pesticide dealer license shall pay a fee in an amount determined by the commissioner.

(3) Each pesticide dealer license shall expire on January 1 of each year.

(4) Each licensee shall 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 such reports previously submitted, within fifteen days of such change.
C.R.S. § 35-29-107 — CO Code / Title 35 / Article 29 / Section 35-29-107
35-29-107. Financing
Status: in_force

35-29-107. Financing. To defray the expense of establishing the seal of quality program, the department is authorized to produce and sell labels, decals, stamps, mats, streamers, plates, or other forms of identification or advertising containing the seal of quality to be used by those persons marketing Colorado agricultural products under the seal of quality program. Any moneys received shall be placed in a revolving fund and shall only be used to replenish supplies and for advertising the seal of quality program, but the total net assets of the revolving fund, including accounts receivable, inventories, and cash balances, shall not exceed ten thousand dollars. Any net assets in excess of the limit established in this section for the revolving fund on hand at the close of each fiscal period shall be transferred to the general fund.
C.R.S. § 35-11.5-114 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-114
35-11.5-114. Advisory board
Status: in_force

35-11.5-114. Advisory board. (1) Effective July 1, 2010, for the purpose of assisting the commissioner in formulating rules for carrying out the provisions of this article, there is hereby created an organic certification advisory board, to be composed of twelve members appointed by the commissioner, as follows: Nine shall represent certified organic operations; one shall be a consumer representing the general public; one shall be a representative from the Colorado cooperative extension service; and one shall be a representative from the Colorado agricultural experiment station. The nine advisory board members representing certified organic operations shall represent the following four categories of organic certification, in proportion to the number of organic operations certified in each category:

(a) Crop production;

(b) Livestock production;

(c) Processing/handling; and

(d) Wild crop handling.

(2) The members of the organic certification advisory board shall serve terms of three years and may be reappointed.

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

(4) (Deleted by amendment, L. 93, p. 675, § 11, effective May 1, 1993.)
C.R.S. § 35-55-107 — CO Code / Title 35 / Article 55 / Section 35-55-107
35-55-107. Discipline of licensees
Status: in_force

35-55-107. Discipline of licensees. (1) Any violation of the provisions of this article 55 or of any rule adopted and published by the state board of stock inspection commissioners is deemed sufficient cause for the state board of stock inspection commissioners to revoke or suspend the license of the offending operator of the public livestock market or to place on probation the licensee, and the following are specific grounds for the imposition of any of the disciplinary actions specified in this introductory portion:

(a) If the state board of stock inspection commissioners finds the licensee has violated any law of the state of Colorado or official rule or regulation made pursuant thereto governing the intrastate or interstate movement, shipment, or transportation of livestock, or the requirements for brand or health inspection thereof;

(b) If the state board of stock inspection commissioners finds that said licensee has been guilty of fraud or misrepresentation as to the title, brands, or ownership;

(c) If the state board of stock inspection commissioners finds the licensee guilty of buying, receiving, or offering for sale any livestock known by him to be diseased or to have been exposed to infectious or contagious disease;

(d) If the licensee has failed or refused to practice measures of sanitation and inspection as required by law concerning premises or vehicles used for the stabling, yarding, housing, holding, or transporting of animals in the operation of the licensee's public livestock market;

(e) If the state board of stock inspection commissioners finds that the licensee has neglected or refused to keep records and forms of consignment cards, consignors account of sale, and buyers account of sale and bill of sale approved by the state board of stock inspection commissioners required by this article, or rules or regulations made pursuant thereto, or fails or refuses to permit inspection of such records by any authorized agent of said board;

(f) If the state board of stock inspection commissioners finds that the licensee has failed or refused to withhold sale proceeds of any livestock designated by the authorized brand inspector as livestock of which the title is questionable in accordance with section 35-55-114, or if the board finds that the licensee has failed or refused to transmit promptly to said board, after the expiration of thirty days, the proceeds of all livestock to which ownership has not been established in accordance with section 35-55-114;

(g) If the state board of stock inspection commissioners finds that the licensee has issued a company account of purchase which establishes ownership of or transfers title to any cattle, horses, or mules which have not been inspected for brands and ownership or title verified by an authorized Colorado brand inspector immediately prior to or on the licensee's market day designated by the board;

(h) If the state board of stock inspection commissioners finds that the licensee attempted to obtain or obtained a livestock market license by fraud or misrepresentation;

(i) If the state board of stock inspection commissioners finds that the licensee is engaging in or has engaged in advertising which is misleading, deceptive, or false;

(j) If the state board of stock inspection commissioners finds that the licensee has violated or has aided or abetted in the violation of any order of the state board of stock inspection commissioners;

(k) If the state board of stock inspection commissioners finds that the licensee has aided or abetted in the violation of any provision of this article or of any rule or regulation adopted by the state board of stock inspection commissioners pursuant to this article;

(l) If the state board of stock inspection commissioners finds that the licensee has violated or has aided or abetted in the violation of the federal "Packers and Stockyards Act, 1921", as amended (7 U.S.C. sec. 181 et seq.);

(m) If the state board of stock inspection commissioners finds that the licensee has been convicted of or has entered a plea of nolo contendere to a felony for an offense related to the conduct regulated by this article.

(2) When a complaint or an investigation discloses an instance of misconduct which, in the opinion of the state board of stock inspection commissioners, does not warrant formal action but which should not be dismissed as being without merit, the board may send a letter of admonition to any licensed public livestock market operator. Such letter shall be sent to the licensee by certified mail, and a copy thereof sent to the complainant, advising the operator that the operator may, within twenty days after receipt of the letter, make a written request to the board to institute a formal hearing pursuant to section 35-55-108 to determine the propriety of the alleged misconduct. If such request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal proceedings.
C.R.S. § 35-53.5-107 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-107
35-53.5-107. Per-head fees
Status: in_force

35-53.5-107. Per-head fees. (1) The per-head inspection fee for a certified feedlot shall be fifteen cents less than the fee set by the board pursuant to section 35-41-104 for direct-to-slaughter cattle and seventeen cents less than such fee for all other cattle. All such fees shall be due and payable to the board by the fifth day of each month based on the number of animals shipped during the previous calendar month.

(2) Each month, the owner of a certified feedlot shall remit two separate checks, each made payable to the board. One of such checks shall be in the amount of the per-head fee specified in subsection (1) of this section, and the other in the amount required to cover the Colorado beef board fee, the national beef promotion fee assessed pursuant to 7 CFR 1260.172, or both. Any payment received over ten days late shall result in the assessment of a penalty of ten percent of the amount originally due, not to exceed fifty dollars per late payment, plus interest at the legal rate specified in section 5-12-102 (1)(b), C.R.S., until paid.
C.R.S. § 35-55-109 — CO Code / Title 35 / Article 55 / Section 35-55-109
35-55-109. Sanitary conditions
Status: in_force

35-55-109. Sanitary conditions. Every public livestock market shall be maintained in a sanitary condition.
C.R.S. § 35-57-105 — CO Code / Title 35 / Article 57 / Section 35-57-105
35-57-105. Colorado beef council authority - board of directors
Status: in_force

35-57-105. Colorado beef council authority - board of directors. (1) The powers of the authority shall be vested in the board of directors of the Colorado beef council authority, which shall be composed of:

(a) Two persons who raise, breed, or grow cattle or calves for beef production;

(b) Two persons who are actively engaged in the business of feeding cattle and operating a feedlot;

(c) Two persons actively engaged in the processing, slaughtering, handling, or marketing of beef;

(d) One person engaged in the production, on a dairy farm, of fluid milk and the selling of dairy cattle for beef;

(e) One person actively engaged in the processing and distribution of beef or beef products.

(2) The governor shall appoint the members of the board. In making such appointments, the governor shall take into consideration nominations and recommendations made to the governor by organizations who represent, or who are engaged in, the same type of production or business as the person so nominated or recommended for appointment as a member of the board. Each member shall continue in office until such member's successor is appointed and qualified. The terms of no two members from the same industry shall expire on the same year.

(3) (Deleted by amendment, L. 93, p. 1850, § 1, effective July 1, 1993.)
C.R.S. § 35-53-133 — CO Code / Title 35 / Article 53 / Section 35-53-133
35-53-133. Inspection fee - range movements
Status: in_force

35-53-133. Inspection fee - range movements. (1) In addition to the moneys now provided by law to provide the board with sufficient moneys with which to meet and defray expenses, it is the duty of brand inspectors appointed by the board to collect a fee, in an amount determined by the board by rule, on each sheep inspected in sheep inspection districts. The fee collected shall be reported and transmitted to the board, at such time and in such way as the board's rules may require.

(2) Whenever fifty-one percent of the holders of sheep permits on public lands petition the state board of stock inspection commissioners to make inspection of sheep using such public lands, the board shall authorize an inspector of the board to inspect sheep on range-to-range movements for brands or earmarks. Any owner of sheep using such public lands shall notify the board seven days in advance of such intended movement of sheep, and such inspector shall designate the most convenient available corral on the route taken by such transitory bands.
C.R.S. § 35-21-103 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-103
35-21-103. Refrigeration - transportation
Status: repealed

35-21-103. Refrigeration - transportation.

(1) Repealed.

(2) All eggs shall be kept under adequate refrigeration. The refrigeration shall be such that the temperature of the eggs does not exceed the temperature established in rules adopted by the commissioner pursuant to section 35-21-106 (1).

(3) Every vehicle used to transport eggs shall be maintained in a sanitary condition and shall be enclosed to protect eggs from extreme heat or cold.

(4) to (9) (Deleted by amendment, L. 95, p. 699, § 16, effective May 23, 1995.)
C.R.S. § 35-4-114.5 — CO Code / Title 35 / Article 4 / Section 35-4-114.5
35-4-114.5. Civil penalties
Status: in_force

35-4-114.5. Civil penalties. (1) Any person who violates any provision of this article or any rule or quarantine declared 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.

(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 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 in any court of competent jurisdiction to recover such amount plus costs and attorney fees.

(4) Before imposing any civil penalty, the commissioner may consider the financial hardship such penalty may cause to the business of the person charged.

(5) Any civil penalty recovered pursuant to this section shall be credited to the general fund.
C.R.S. § 35-1-101 — CO Code / Title 35 / Article 1 / Section 35-1-101
35-1-101. Short title
Status: in_force

35-1-101. Short title. This article shall be known and may be cited as the "State Department of Agriculture Act of 1949".
C.R.S. § 35-46-115 — CO Code / Title 35 / Article 46 / Section 35-46-115
35-46-115. Electric fences - approval by department of agriculture
Status: repealed

35-46-115. Electric fences - approval by department of agriculture. (Repealed)
C.R.S. § 35-70-118 — CO Code / Title 35 / Article 70 / Section 35-70-118
35-70-118. Dissolution - procedure - conservation fund
Status: in_force

35-70-118. Dissolution - procedure - conservation fund. (1) No proceeding for the dissolution of a conservation district shall be initiated within five years after the date of the organization of the district. Anytime after the expiration of such five-year period, proceedings to determine whether or not a conservation district shall be dissolved may be instituted by a petition addressed to the state board, which shall be signed by not less than twenty-five percent of the owners of land within the district and approved by a majority of the supervisors of such district. Such petition shall state the reasons for the dissolution and the proposed disposition of all contracts, assets, and liabilities held or owed by the district and shall request that the state board proceed to hold a hearing and call an election to determine whether or not such district shall be dissolved.

(2) Within sixty days after receipt of such petition, the state board shall give notice by publication, as specified in section 35-70-105 (6), of the filing of such petition; of the date (not less than twenty days after the date of such notice), time, and place when a hearing shall be had to determine the sufficiency of the petition and the advisability of dissolving the district; that all complaints and objections that may be made in writing concerning the sufficiency of the petition and the advisability of the dissolution of the district by the owners of any land within such district will be heard and determined before final action thereon; and that all owners of land within the district shall have the right to attend such hearing and be heard.

(3) (a) On hearing, if, in the opinion of the state board, the petition is insufficient or proper arrangements have not been made for the disposition of the contracts, assets, and liabilities of the district, the papers shall be returned to the petitioners for amendment. If, in the opinion of the state board, the dissolution of the district is not advisable, it shall so inform the petitioners, and the district shall not be dissolved; but subsequent petitions may be filed after six months have expired after the date of denial of such petition and new hearings and determinations made thereon.

(b) If, following the hearing, it is the opinion of the state board that the petition is sufficient and that the dissolution is advisable, the state board shall call an election in the manner provided for in section 35-70-105 (5) and (7), but the only question to be determined at such election shall be whether or not the district shall be dissolved.

(4) (a) If a majority of the votes cast are against dissolution of the district, the district shall continue to exist as though no petition had been filed and no election held. Thereafter, no petitions for dissolution shall be considered by the state board at intervals of less than three years.

(b) If a majority of the votes cast are for dissolution of the district, the state board shall, within sixty days after such election, certify to the division of local government in the department of local affairs a statement of such election and the result thereof. The director of said division thereupon shall execute and issue to the state board a certificate of dissolution, and thereafter the existence of the district shall cease. The state board shall forthwith cause the certificate of dissolution to be recorded in the books of the county clerk and recorder of the county in which such district was located in whole or in part.

(5) (a) Within thirty days after the division of local government has issued a certificate of dissolution, the supervisors shall proceed, as trustees, to sell the assets of the district at public or private sale, whichever may be approved by the state board. After paying any outstanding accounts of the district and the cost of such dissolution and sale, the remainder of the proceeds shall be paid over to the state board and shall be deposited with the state treasurer to the credit of such board in a fund to be known as the conservation fund. Such fund shall be expended by the state board as needed by the organizations of conservation districts and for carrying out the purposes of this article and not otherwise. If at any time after such fund is established there are no conservation districts in existence in the state, the state board shall so notify the controller, and any balance remaining in such fund shall be transferred to the general fund of the state.

(b) All contracts entered into by the district prior to dissolution shall remain in full force and effect until terminated by the terms thereof or by mutual agreement, but, in all such contracts, upon dissolution of such districts, the state board shall be substituted for the supervisors as the district's party to such contracts. The state board has the same right as the supervisors would have had to perform and require performance of such contract, sue and be sued thereon, and modify or terminate such contracts by mutual agreement or as provided in such contracts, but no member of the state board shall be subject to any personal liability therefor.

(c) Such dissolution shall not affect any lien or right of action theretofore held by the district, and the state board shall succeed to all the rights and obligations of the supervisors in such respect. Any funds coming into the hands of each county treasurer in payment of taxes or assessments levied against the lands within the district after dissolution of the district or remaining in such treasurer's hands at the time of such dissolution shall be treated as are other assets of the districts, as provided in this section.
C.R.S. § 35-46-107 — CO Code / Title 35 / Article 46 / Section 35-46-107
35-46-107. Unlawful to break fence or open gate
Status: in_force

35-46-107. Unlawful to break fence or open gate. It is unlawful for any person to willfully break down or cause to be broken down any fence or gate or to leave open any gate in such fence. This section shall not apply to the owner or occupant unless such owner or occupant causes such fence or gate to be broken down or left open with malicious intent.
C.R.S. § 35-26-115 — CO Code / Title 35 / Article 26 / Section 35-26-115
35-26-115. Termination of function - repeal of article
Status: in_force

35-26-115. Termination of function - repeal of article. (Deleted by amendment)
C.R.S. § 35-52-110 — CO Code / Title 35 / Article 52 / Section 35-52-110
35-52-110. Dead hogs burned
Status: repealed

35-52-110. Dead hogs burned. (Repealed)
C.R.S. § 35-45-101 — CO Code / Title 35 / Article 45 / Section 35-45-101
35-45-101. Determination of grazing rights
Status: in_force

35-45-101. Determination of grazing rights. To prevent dissension and breach of the peace, the question as to the kind of livestock, whether cattle or sheep, that shall have the preferred or better right to graze upon any particular portion of the public domain within this state shall be determined according to the use made thereof during the last grazing season, whether such use was as cattle or sheep range and whether the same was used as a spring, summer, fall, winter, or other kind of range; but a single instance of grazing or herding certain kind of livestock on any such range over the protest of others in prior use and occupancy thereof, who graze a different kind of livestock, will not confer a better right.
C.R.S. § 35-14-132 — CO Code / Title 35 / Article 14 / Section 35-14-132
35-14-132. Criminal penalties
Status: in_force

35-14-132. Criminal penalties. (1) Any person who willfully makes, installs, sells or offers to sell, or uses or allows to be used on his or her weights or measures any counterfeit seal, or seal of the commissioner without proper authority, commits a civil infraction and shall be punished as provided in section 18-1.3-503.

(2) The commissioner shall inform the district attorney of the proper district of any criminal violation of this article. It is the duty of each district attorney to whom the commissioner presents satisfactory evidence of any violation of this article to cause appropriate proceedings to be commenced and prosecuted in a court of competent jurisdiction. If the district attorney fails to so act within a reasonable time, the commissioner may notify and be represented by the attorney general.

(3) All criminal fines imposed and collected for violations of the provisions of this article shall be paid into the county treasury for the use of the people of the county in which the offense was committed.
C.R.S. § 35-4-120 — CO Code / Title 35 / Article 4 / Section 35-4-120
35-4-120. Quarantine of nonregulated pests
Status: in_force

35-4-120. Quarantine of nonregulated pests. The commissioner may quarantine a regulated article if the regulated article may harbor a regulated pest that has an economically unacceptable impact, as determined by the commissioner, and if the measures to control the pest may achieve an acceptable level of official control.
C.R.S. § 35-56-106 — CO Code / Title 35 / Article 56 / Section 35-56-106
35-56-106. Record open to inspection
Status: in_force

35-56-106. Record open to inspection. The record provided for in section 35-56-105 shall be open to the inspection of all persons during the ordinary business hours of the day.
C.R.S. § 35-1-104.5 — CO Code / Title 35 / Article 1 / Section 35-1-104.5
35-1-104.5. Agricultural workforce development program - legislative declaration - creation
Status: repealed

35-1-104.5. Agricultural workforce development program - legislative declaration - creation - rules - repeal. (1) The general assembly finds and declares that:

(a) Finding qualified and trained agricultural employees is a significant challenge for agricultural businesses. It is especially difficult to provide training and experience to young and beginning farmers and ranchers.

(b) The barriers to entry for young and beginning farmers and ranchers are significant. Among these barriers are access to training programs that provide real-world work experience.

(c) Internships are a recognized way to build a talent pipeline and career pathway to align education, training, and work-based learning; and

(d) By offering incentives to agricultural businesses to create internships, there will be more opportunities for students to obtain work experience in agriculture.

(2) The commissioner shall promulgate rules creating the agricultural workforce development program to provide incentives to agricultural businesses to hire interns through partial reimbursement of internship costs. The rules must specify, at a minimum:

(a) The criteria for selecting an agricultural business for participation in the program, including the ability of the business to effectively supervise an intern and the opportunity for an intern to get meaningful work experience;

(b) The criteria for an internship to qualify under the program, including the following:

(I) The internship must provide an intern at least one hundred thirty hours of work experience; and

(II) The internship cannot exceed one year in duration per intern;

(c) The criteria for an agricultural business to use in selecting qualified interns, including the required educational experience for an intern and the ability of the intern to perform meaningful work for the business;

(d) The process and timetable for selecting qualified businesses and qualified interns;

(e) The accounting requirements for tracking internship costs; and

(f) The process for a business to seek reimbursement.

(3) Subject to appropriation, the department may reimburse a qualified business an amount not to exceed fifty percent of the actual cost to the business to employ the intern. Actual cost includes the wages paid to the intern, a reasonable allocation of fixed overhead expenses, and all incidental costs directly related to the internship. Based on the annual appropriation for the program, the commissioner shall determine how many internships may be approved, the amount of reimbursement per internship, and whether a business may be reimbursed for more than one intern in the same fiscal year. However, no business may be reimbursed for more than three internships in the same fiscal year.

(4) This section is repealed, effective July 1, 2029.
C.R.S. § 35-55-116 — CO Code / Title 35 / Article 55 / Section 35-55-116
35-55-116. Dispersal sales
Status: in_force

35-55-116. Dispersal sales. All dispersal sales made at public livestock markets shall meet the requirements prescribed for other livestock passing through such markets.
C.R.S. § 35-10-116 — CO Code / Title 35 / Article 10 / Section 35-10-116
35-10-116. Qualified supervisor and certified operator licenses - expiration - renewal of l
Status: in_force

35-10-116. Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement. (1) Licenses issued pursuant to section 35-10-115 shall be valid for a period determined by the commissioner, but the duration of such license shall not exceed three years.

(2) A licensee licensed pursuant to section 35-10-115 may have the option to apply to renew a license without further examination if he has completed, within the previous three years, the competency requirements established by the commissioner.

(3) A licensee shall submit a renewal application in the form and manner designated by the commissioner on or before the termination date of such license and shall pay a renewal fee in an amount determined by the commissioner.

(4) If the application for renewal of any license issued pursuant to section 35-10-115 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 and added to the renewal fee. No license shall be renewed until the total renewal fee is paid.

(5) If the application and fee for renewal of any license issued pursuant to section 35-10-115 are not received on or before the thirtieth day following the expiration date of the license, the license shall not be renewed and the licensee shall apply for a new license.

(6) Notwithstanding subsection (5) of this section, any license issued pursuant to this section that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:

(a) Application and payment of a reinstatement fee as determined by the commissioner; and

(b) Proof that all renewal requirements have been satisfied as of the expiration date of the license.

(7) Licenses not reinstated within one hundred eighty days after the expiration date shall not be reinstated. The former holder of such a license who wishes to be licensed shall apply for a new license.
C.R.S. § 35-80-102 — CO Code / Title 35 / Article 80 / Section 35-80-102
35-80-102. Definitions
Status: in_force

35-80-102. Definitions. As used in this article 80, unless the context otherwise requires:

(1) "Animal shelter" means a public or private facility licensed pursuant to this article and the rules and regulations adopted pursuant thereto.

(1.5) "Bird hobby breeder facility" means any facility engaged in the operation of breeding and raising birds for the purpose of personal enjoyment that does not transfer more than thirty birds per year.

(2) "Canine hobby breeder facility" means any facility which transfers no more than twenty-four dogs per year or breeds no more than two litters per year, whichever is greater.

(2.5) (Deleted by amendment, L. 2000, p. 1398, § 4, effective May 30, 2000.)

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

(4) "Commissioner" means the commissioner of agriculture, or the designee of the commissioner.

(5) "Committee" means the pet animal advisory committee created in section 35-80-115.

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

(6.3) "Dispose" or "disposition" means adoption of a pet animal, return of a pet animal to the owner, release of a pet animal to a rescue group licensed pursuant to this article, release of a pet animal to another pet animal facility licensed pursuant to this article or to a rehabilitator licensed by the division of parks and wildlife or the United States fish and wildlife service, or euthanasia.

(6.5) "Dog breeder" means any person that engages in the operation of breeding and raising dogs for the purpose of selling, trading, bartering, giving away, or otherwise transferring the dogs.

(6.6) "Dog breeder, large scale operation" or "large scale operation dog breeder" means a dog breeder that transfers at least one hundred dogs per year.

(6.7) "Dog breeder, small scale operation" or "small scale operation dog breeder" means a dog breeder that transfers more than the number of dogs permitted for a canine hobby breeder facility but no more than ninety-nine dogs per year.

(7) "Euthanasia" means to produce a humane death by techniques accepted by the American veterinary medical association.

(8) "Feline hobby breeder facility" means any facility that produces or transfers no more than twenty-four cats per year or breeds no more than three litters per year.

(8.7) "Licensed veterinarian" means a person who is licensed to practice veterinary medicine in this state pursuant to article 315 of title 12.

(9) "Livestock" means cattle, horses, mules, burros, sheep, poultry, swine, llama, and goats, regardless of use, and any animal that is used for working purposes on a farm or ranch, and any other animal designated by the commissioner, which animal is raised for food or fiber production.

(9.3) (a) "Offer for sale" means to advertise a potential sale by a pet store.

(b) "Offer for sale" includes:

(I) The display of a live dog or cat for sale; and

(II) A verbal or written offer to sell a dog or cat.

(10) "Pet animal" means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats, gerbils, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any other species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet, except livestock, as defined in subsection (9) of this section. "Pet animal" does not include an animal that is used for working purposes on a farm or ranch.

(11) "Pet animal facility" means any place or premise used in whole or in part, which part is used for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading, or otherwise transferring such animals. "Pet animal facility" also includes any individual animals kept by such a facility as breeding stock, such licensing of individual breeding stock to be inclusive in the pet animal facility license. "Pet animal facility" shall not mean a common carrier engaged in intrastate or interstate commerce. For purposes of this article, two or more animal facilities that have the same or a similar purpose and operate from one place or premises shall be considered a single pet animal facility.

(11.2) "Pet animal rescue" means any person licensed pursuant to this article who accepts pet animals for the purpose of finding permanent adoptive homes for animals and does not maintain a central facility for keeping animals, but rather uses a system of fostering in private homes or boarding or keeping pets in licensed pet animal facilities.

(11.3) "Pet store" means a retail establishment where pet animals are sold or offered for sale to the general public. "Pet store" does not include an animal shelter, pet animal rescue, cat breeder, or dog breeder.

(11.4) "Prospective owner" means a person who has no prior rights of ownership to the pet animal to be adopted.

(11.6) "Release" means adoption, sale, or other transfer to the permanent custody of an owner by an animal shelter or pet animal rescue.

(11.7) "Sale" or "sell" means the exchange of a pet animal for anything of value, including property or money. "Sale" or "sell" does not include an adoption transaction between an animal shelter or pet animal rescue and a person who adopts a pet animal.

(11.8) "Small animal breeder facility" means any facility that transfers more small mammals than the maximum number established by the commissioner by rule for each particular species.

(12) "Small animal hobby breeder facility" means any facility that transfers a number of small mammals that is less than the maximum number established by the commissioner by rule for each particular species.

(13) (Deleted by amendment, L. 2000, p. 1398, § 4, effective May 30, 2000.)

(14) "Sterilization" means the act of permanently rendering an animal incapable of reproduction. The term applies to surgical methods, including the procedures commonly referred to as spay and neuter, and nonsurgical methods and technologies approved by the United States food and drug administration, the United States department of agriculture, or other appropriate designated federal authority.
C.R.S. § 35-42-103 — CO Code / Title 35 / Article 42 / Section 35-42-103
35-42-103. Definitions
Status: in_force

35-42-103. Definitions. As used in this article 42, unless the context otherwise requires:

(1) "Abandon" means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.

(2) "Accepted animal husbandry" means practices generally recognized as appropriate in the care of animals consistent with the species, breed, and type of animal.

(3) "Animal" means any living dumb creature.

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

(5) "Companion animal" means domestic dogs, domestic cats, small pet birds, and other nonlivestock species.

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

(7) "Division" means the division of animal welfare of the department.

(8) "Livestock" means cattle, swine, sheep, goats, and such horses, mules, asses, and other animals used in the farm or ranch production of food, fiber, or other products defined by the commissioner as agricultural products.

(9) "Mistreat" means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

(10) "Neglect" means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.
C.R.S. § 35-28-102 — CO Code / Title 35 / Article 28 / Section 35-28-102
35-28-102. Legislative declaration
Status: in_force

35-28-102. Legislative declaration. (1) It is declared that the marketing of agricultural commodities in Colorado, in excess of reasonable and normal market demand therefor; disorderly marketing of such commodities; improper preparation for market and lack of uniform grading and classification of agricultural commodities; unfair methods of competition in the marketing of such commodities; and the inability of individual producers to develop new and larger markets for Colorado grown agricultural commodities, result in an unreasonable and unnecessary economic waste of the agricultural wealth of this state. Such conditions and the accompanying waste jeopardize the future continued production of adequate food supplies for the people of this and other states, and prevent agricultural producers from obtaining a fair return from their labor, their farms, and the agricultural commodities which they produce. As a consequence, the purchasing power of such producers has been in the past, and may continue to be in the future, unless such conditions are remedied, low in relation to that of persons engaged in other gainful occupations. Colorado agricultural producers are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and educational functions, thus tending to increase unfairly the tax burdens of other citizens of this state.

(2) These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is declared to be the policy of this state to aid agricultural producers in preventing economic waste in the marketing of their agricultural commodities, to develop more efficient and equitable methods in the marketing of agricultural commodities, and to aid agricultural producers in restoring and maintaining their purchasing power at a more adequate, equitable, and reasonable level.

(3) The marketing of agricultural commodities is declared to be affected with a public interest. The provisions of this article are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
C.R.S. § 35-73-104 — CO Code / Title 35 / Article 73 / Section 35-73-104
35-73-104. Program development - programs, grants, systems, and inventories and platforms
Status: in_force

35-73-104. Program development - programs, grants, systems, and inventories and platforms. (1) In consultation with the advisory committee and in accordance with subsection (4) of this section, the department shall establish the following if financial resources are available:

(a) A grant program for eligible entities to engage in soil health activities;

(b) A system for monitoring the agricultural, environmental, or economic benefits of soil health practices as demonstrated by implementation experience, research projects, demonstration projects, or soil health activities;

(c) A state soil health inventory and platform;

(d) A soil health testing program; and

(e) Other programs the department deems appropriate or necessary to promote soil health practices.

(2) (a) In establishing programs in accordance with subsection (1) of this section, the department may prioritize the establishment of programs based on its determination of agricultural producer need and support, the availability of money and staffing, emerging areas of scientific inquiry and research, the degree of environmental benefits, or other considerations deemed appropriate to promote soil health practices.

(b) The department shall not make a grant unless the advisory committee approves the grant, including the amount, recipient, and purpose.

(3) All programs established under subsection (1) of this section are voluntary and incentive based. The department shall not require:

(a) Eligible entities to participate in the soil health program; or

(b) Nonparticipating entities to implement soil health practices.

(4) Before establishing a program, the department shall provide public notice on the department's official website. The department shall give the public no less than forty-five days to submit written comments after the date of publication on its official website.
C.R.S. § 35-75-112 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-112
35-75-112. Negotiability of bonds
Status: in_force

35-75-112. Negotiability of bonds. All bonds and the interest coupons applicable to such bonds are hereby declared and shall be construed to be negotiable instruments.
C.R.S. § 35-29.5-105 — CO Code / Title 35 / Article 29.5 / Section 35-29.5-105
35-29.5-105. Colorado wine industry development fund - use of money
Status: in_force

35-29.5-105. Colorado wine industry development fund - use of money. (1) There is hereby created in the state treasury the Colorado wine industry development fund. The fund shall consist of money credited thereto pursuant to section 44-3-503 (1)(c) and (1)(d). All money in the fund is hereby continuously appropriated to the board for the expenses of the board in implementing the provisions of this article 29.5.

(2) In any fiscal year, the board shall budget from moneys in the fund at least one-third toward research and development and at least one-third toward promotion and marketing of the Colorado wine industry, including any administrative costs associated therewith. Any revenue generated by research may be deducted from the amount budgeted for research.
C.R.S. § 35-52-105 — CO Code / Title 35 / Article 52 / Section 35-52-105
35-52-105. Cars placarded
Status: repealed

35-52-105. Cars placarded. (Repealed)
C.R.S. § 35-14-133 — CO Code / Title 35 / Article 14 / Section 35-14-133
35-14-133. Enforcement
Status: in_force

35-14-133. Enforcement. (1) The commissioner or the commissioner's designee shall enforce this article.

(2) Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule promulgated pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at the person's discretion, a hearing to be held within a reasonable period of time to determine whether such violation has occurred. Such hearing shall be conducted pursuant to article 4 of title 24, C.R.S., and shall be determined promptly.

(3) Whenever the commissioner possesses sufficient evidence satisfactory to him or her indicating that a person has engaged in or is about to engage in an act or practice constituting a violation of this article or any rule or order adopted pursuant to this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order adopted pursuant to this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
C.R.S. § 35-4-108 — CO Code / Title 35 / Article 4 / Section 35-4-108
35-4-108. Unlawful to transport pests
Status: in_force

35-4-108. Unlawful to transport pests. (1) It is unlawful for any person, by any means whatsoever, to knowingly transport, into or in Colorado, live pests or host material which may be injurious to agriculture or horticulture in this state, without permission from the commissioner.

(2) The commissioner may issue and enforce a hold order against any person who owns or controls any nursery stock, agricultural crop, or other plant material that is suspected of harboring a plant pest or disease, for the purpose of isolating the material, restricting its movement, and specifying appropriate sanitary measures pending completion of testing to confirm the presence of such pest or disease.
C.R.S. § 35-24.5-104 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-104
35-24.5-104. Aquaculture board
Status: in_force

35-24.5-104. Aquaculture board. (1) There is hereby created and established in the department an aquaculture board, which shall consist of the following:

(a) The five persons who make up the fish health board as established in section 33-5.5-101, C.R.S.; and

(b) Two additional members, to be appointed by the commissioner, who are familiar with the commercial marketing or processing of aquatic organisms and their products or with the financing of commercial aquaculture.

(2) The term of office of the two additional members shall be three years. Each of these members shall serve until his or her successor has been appointed and qualified, and either member shall be eligible for reappointment. They shall serve without compensation except for actual and necessary traveling expenses.

(3) The board shall annually select a chairman and a vice-chairman, who may be the same as the chairman and vice-chairman of the fish health board.

(4) A majority of the board shall constitute a quorum, and, if a quorum is present, in person or by telephone, the board may act upon a vote of a majority of those present.

(5) The board shall constitute a "public entity" and each member and employee of the board shall constitute a "public employee" within the meaning of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.

(6) The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article 24.5 under the department and the executive director thereof.
C.R.S. § 35-52-109 — CO Code / Title 35 / Article 52 / Section 35-52-109
35-52-109. Handling at destination
Status: repealed

35-52-109. Handling at destination. (Repealed)
C.R.S. § 35-36-103 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-103
35-36-103. Commissioner - rules - delegation of powers and duties
Status: repealed

35-36-103. Commissioner - rules - delegation of powers and duties. (1) (a) The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding:

(I) Financial assurance requirements, including a schedule for applicants to file a bond with the commissioner;

(II) Requirements for maintaining records;

(III) Initial and renewal license requirements;

(IV) Requirements for credit sale contracts;

(V) Requirements for warehouse operations; and

(VI) The capacity of animal feeding operations for purposes of this article 36.

(b) Repealed.

(2) The commissioner is the enforcing authority of this article 36, and the commissioner or the commissioner's authorized representative has free and unimpeded access to all places of business and all business records of a licensee licensed under part 2 or part 3 of this article 36 that are pertinent to any proper inquiry in the administration of this article 36. Any person in whom the enforcement of this article 36 is vested has the power of a peace officer as to the enforcement.

(3) The commissioner may delegate the commissioner's powers and duties set forth in this article 36 to qualified employees of the department.
C.R.S. § 35-2-103 — CO Code / Title 35 / Article 2 / Section 35-2-103
35-2-103. Cooperation with secretary of agriculture
Status: in_force

35-2-103. Cooperation with secretary of agriculture. To facilitate the work of collecting agricultural and livestock statistics required by this article, the commissioner of agriculture is empowered to enter into a cooperative agreement with the secretary of agriculture of the United States, or his accredited representatives, under which the facilities and information of the bureau of crop estimates of the United States department of agriculture relating to the state of Colorado are made available for the use of the state agricultural commission, and the facilities and information of said state agricultural commission are likewise made available for the use of said bureau of crop estimates.
C.R.S. § 35-49-115 — CO Code / Title 35 / Article 49 / Section 35-49-115
35-49-115. Penalty
Status: in_force

35-49-115. Penalty. The owner of any dam or reservoir failing to comply with the provisions of this article shall be subject to a penalty of not more than twenty-five dollars nor less than five dollars, to be recovered and disposed of as are fines for violations of section 37-87-114, C.R.S.
C.R.S. § 35-4-103 — CO Code / Title 35 / Article 4 / Section 35-4-103
35-4-103. Administration
Status: in_force

35-4-103. Administration. (1) The commissioner shall administer this article. A board of county commissioners shall concurrently administer this article and shall have full authority for the proper enforcement thereof by county pest inspectors employed by said board of county commissioners.

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

(b) At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted promptly and shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S.

(3) Whenever the commissioner possesses sufficient evidence satisfactory to the commissioner indicating that a person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or rule, order, or quarantine, the commissioner may apply to any court of competent jurisdiction for an order to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule, quarantine, 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.

(4) The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of a witness to obey a 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 the court order shall be punishable as a contempt of court.
C.R.S. § 35-11.5-117 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-117
35-11.5-117. Conflict with federal law
Status: in_force

35-11.5-117. Conflict with federal law. If the secretary or a court of competent jurisdiction determines that there is a conflict between this article and any provisions of the federal "Organic Foods Production Act of 1990", 7 U.S.C. sec. 6501 et seq. or 7 CFR 205, the provisions of the federal act and rules shall control, and the commissioner shall perform the duties and discharge the obligations contained in the federal act. If such a determination is made, the commissioner shall submit a report to the general assembly explaining the conflict.
C.R.S. § 35-57-114 — CO Code / Title 35 / Article 57 / Section 35-57-114
35-57-114. Acceptance of grants and gifts
Status: in_force

35-57-114. Acceptance of grants and gifts. The board may accept grants, donations, contributions, or gifts from any source for expenditures for any purpose consistent with the powers conferred on the board.
C.R.S. § 35-36-303 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-303
35-36-303. License fee - renewal - rules
Status: in_force

35-36-303. License fee - renewal - rules. (1) (a) For filing the application described in section 35-36-302, each applicant for a license in each of the following categories shall pay to the commissioner a fee as determined by the commission, which fee shall be transmitted to the state treasurer for credit to the inspection and consumer services cash fund created in section 35-1-106.5:

(I) Dealers; except that a dealer who signs an affidavit stating that the dealer will make payment in cash or by one of the other means specified in section 35-36-304 (1)(e) for each transaction for farm products shall pay the same application fee as a small-volume dealer;

(II) Agents; and

(III) Small-volume dealers.

(b) For each fiscal year, commencing on July 1, twenty-five percent of the direct and indirect costs of administering and enforcing this part 3 must be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund.

(2) If a licensee fails for any reason to apply for the renewal of a license before an annual date specified by the commissioner by rule, the licensee shall, upon application for a renewal license and before the license is issued, pay a penalty as established by the commission, which penalty is in addition to the license fee.

(3) The commissioner shall not issue a license to any person against whose surety a claim has been collected or any person against whom an irrevocable letter of credit has been drawn by the commissioner in accordance with this part 3 during the period of three years after the date of the collection; except that the commissioner may, in the commissioner's discretion and consistent with the purpose of this part 3, issue a temporary license to the person for the period, subject to such restrictions as the commissioner deems reasonable and necessary.

(4) The commissioner shall not issue a renewal license to a licensee who is the subject of a pending verified complaint until the complaint has been settled to the satisfaction of the commissioner.

(5) Upon the failure of an applicant to file a bond or an irrevocable letter of credit meeting the requirements of section 11-35-101.5, within ninety days after the date of application, the application will be rendered void, and the license fee will not be refunded. Any subsequent application for a license requires a new license fee.

(6) Whenever the commissioner deems it appropriate, the commissioner may require a licensee or an applicant for an initial or renewal license to submit a financial statement or an audit prepared according to generally accepted accounting principles or any other information to determine whether the person is in an adequate financial position to carry out the person's duties as a licensee.
C.R.S. § 35-5.5-108.5 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-108.5
35-5.5-108.5. Responsibilities related to eradication of designated noxious weeds - commission
Status: in_force

35-5.5-108.5. Responsibilities related to eradication of designated noxious weeds - commissioner - local governing bodies - affected landowners. (1) This section shall apply to noxious weeds that have been classified as list A species and to populations of list B species designated for eradication pursuant to section 35-5.5-108 (2)(a). This section shall govern the responsibilities of the commissioner, local governing bodies, and affected landowners.

(2) Duties of commissioner. (a) The commissioner may enforce the provisions of this section as necessary to ensure the cooperation of local governing bodies and affected landowners.

(b) The commissioner shall provide:

(I) Educational resources to local governing bodies and affected landowners regarding the eradication of list A species and populations of list B species designated for eradication. Such education shall include an explanation of why the species has been listed for eradication, the prescribed techniques for eradication in the most cost-effective manner, and the duties of the local governing body and affected landowner regarding such eradication.

(II) Financial or in-kind resources to local governing bodies or affected landowners to eradicate list A species and populations of list B species designated for eradication from the available moneys in the noxious weed management fund created in section 35-5.5-116. Such financial or in-kind resource allocation shall be determined by the commissioner according to the identified benefits to the citizens of Colorado, the surrounding community, and the affected landowners.

(III) The inventory and mapping infrastructure necessary to facilitate the classification of state noxious weeds and the development and implementation of state noxious weed management plans.

(3) Duties of local governing bodies. (a) In compliance with the rules promulgated by the commissioner, a local governing body shall initiate and maintain communications with landowners who are affected by list A species and populations of list B species designated for eradication by the commissioner.

(b) In addition to the existing powers and duties of a local governing body provided in this article a local governing body shall:

(I) Provide affected land owners with technical assistance for the eradication of list A species and populations of list B species designated for eradication by the commissioner;

(II) Carry out sufficient measures, including project oversight and enforcement, as may be necessary to ensure the eradication of list A species and populations of list B species designated for eradication by the commissioner;

(III) Provide the commissioner with assistance in disseminating financial resources to affected landowners and mapping data pursuant to rules promulgated by the commissioner; and

(IV) Determine the cost of eradication to be borne by affected landowners.

(c) Local governing bodies may apply to the commissioner for a waiver of compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).

(d) If the commissioner determines, in consultation with the local governing body, that the most cost-effective manner to eradicate designated noxious weeds is for the commissioner to implement an eradication program, the commissioner may implement the eradication program directly.

(4) Duties of affected landowners or occupants. Except as provided pursuant to section 35-5.5-104.5 (1)(a), an affected landowner or occupant whose property may be affected by list A species or by populations of list B species designated for eradication shall allow the commissioner or local weed control officials access to such property for the purpose of immediate inspection and eradication when at least one of the following events has occurred:

(a) The affected landowner or occupant has requested the inspection;

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

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

(5) (a) If verbal permission to inspect the land by the affected landowner is not obtained, no entry upon any premises, lands, or places shall be permitted until the local governing body has notified the affected landowner that such inspection is pending by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. Where possible, inspections shall be scheduled and conducted with the concurrence of the affected landowner or occupant. A local governing body may notify an affected landowner in an electronic format, in addition to notice by certified mail.

(b) (I) If, after ten days with no response from the affected landowner or upon denial of access before the expiration of ten days, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body of an affidavit stating:

(A) The information that gives the inspector reasonable cause to believe that any provision of this section, section 35-5.5-104.5, or section 35-5.5-108, is being or has been violated;

(B) The affected landowner has failed to respond or the landowner or occupant has denied access to the inspector; and

(C) A general description of the location of the affected land.

(II) No affected landowner or occupant shall deny access to an authorized agent of the local governing body or the commissioner in possession of an inspection warrant.

(6) An affected landowner shall notify a lessee or occupant of affected lands of all notices of inspection and eradication efforts on such lands as soon as practicable.

(7) The local governing body of the county or municipality having jurisdiction over private and public lands on which list A species or populations of list B species designated for eradication are found shall notify the affected landowner or occupant of such lands by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. The notice shall name the noxious weeds, identify eradication as the required management objective, advise the affected landowner or occupant to commence eradication efforts within a specified period or condition, and state the integrated weed management techniques prescribed by the commissioner for eradication. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the eradication of noxious weeds on the premises or land.

(8) Within five days after the local governing body mails notification, the landowner shall comply with the terms of the notification or submit an acceptable plan and schedule for the completion of the management objective.

(9) (a) In the event the affected landowner or occupant fails to comply with the notice to eradicate the identified noxious weeds and implement an appropriate eradication program, the local governing body having authority over the public or private land shall:

(I) Provide for and complete the eradication of such noxious weeds at such time, upon such notice, and in such manner consistent with achieving the management objective as the local governing body deems appropriate; and

(II) Do one of the following:

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

(B) In the event the state board, department, or agency fails to comply with the notice to eradicate the identified noxious weeds, the local governing body in whose jurisdiction the infestation is located may enter upon such lands and undertake the management of such noxious weeds or cause the same to be done. The expenses associated with inspection and eradication shall be paid by the state board, department, or agency that has jurisdiction over the lands. An agreement for reimbursement shall be reached within two weeks after the date such statement of expense for eradication is submitted by the local governing body. Such reimbursement agreement shall be in writing. If no reimbursement agreement has been reached or the amount reflected in the agreement is not paid upon presentation, the amount in the agreement shall be submitted to the state controller, who shall treat such amount as an encumbrance on the budget of the state board, department, or agency involved or such charge may be recovered in any court with jurisdiction over such lands. The expense associated with eradication may be recovered in any court with jurisdiction over such infested land.

(b) No local governing body shall provide for or compel the eradication of list A species and populations of list B species designated for eradication or list B noxious weeds on private or public property pursuant to this subsection (9) without first applying the same measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the property.

(10) The local governing body, through its delegates, agents, or employees, shall have the right to enter upon any premises, lands, or places during reasonable business hours for the purpose of ensuring compliance with the requirements of this section concerning noxious weed eradication.

(11) No agent, employee, or delegate of a local governing body shall have a cause of action against an affected landowner or occupant for personal injury or property damages while on private or public land for purposes of eradication of noxious weeds except when such damages were the result of gross negligence, recklessness, or intentional action by the landowner.

(12) If, in the opinion of the commissioner, any local governing body fails to adequately perform any of the duties set forth in this section, the commissioner is authorized to conduct any of the functions or duties of a local governing body pursuant to this section.

(13) The commissioner or the local governing body may require the affected landowner to pay a portion of the costs associated with eradication of the noxious weeds.

(14) An affected landowner may apply to the commissioner for a waiver of compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).

(15) For the purposes of this section, an "occupant" shall not include the owner of an easement or right-of-way.
C.R.S. § 35-33-401 — CO Code / Title 35 / Article 33 / Part 4 / Section 35-33-401
35-33-401. License required - application
Status: repealed

35-33-401. License required - application. (Repealed)
C.R.S. § 35-53-111 — CO Code / Title 35 / Article 53 / Section 35-53-111
35-53-111. Sanitary rules as to movement of livestock - quarantine - penalty
Status: in_force

35-53-111. Sanitary rules as to movement of livestock - quarantine - penalty. (1) The state agricultural commission may make and adopt such quarantine and sanitary regulations affecting the movement of livestock into and out of the state of Colorado and within the borders of said state as may from time to time be necessary to prevent the introduction into the state or the spread within the state of any contagious or infectious disease, and the expense of such quarantine measures and the carrying out of such regulations shall be made by the imposition of a fee of three cents per head on all cattle and horses and one and one-half cents per head on all sheep entering the state of Colorado from any quarantine or infected territory. Whenever the state agricultural commission knows or has good reason to believe that any contagious or infectious disease exists in any locality in any other state, territory, or country or that there are conditions which render domestic animals from such infected district liable to bring such disease into this state, it may report the same to the governor of the state of Colorado whereupon, by proclamation, he shall prohibit the importation of any such livestock into this state, unless accompanied by a certificate of health given by the state veterinarian or sanitary inspectors appointed by the state agricultural commission, which veterinarian or sanitary inspectors shall carefully examine all such livestock previous to the giving of such certificate.

(2) All fees connected with such examinations are to be paid by the owner of such stock so examined; but no fee shall be collected from the owner of any animals entering this state by railroad, in direct route to other states or territories, which do not remain in the state of Colorado for a longer period than is required for feeding and watering in transit. Any person, firm, or corporation who violates or disregards any of the provisions of a proclamation issued by the governor in compliance with this section commits a class 2 misdemeanor.

(3) Notwithstanding the amount specified for any fee in subsection (1) of this section, the state agricultural commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state agricultural commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
C.R.S. § 35-60-114 — CO Code / Title 35 / Article 60 / Section 35-60-114
35-60-114. Cooperation with other entities
Status: in_force

35-60-114. Cooperation with other entities. The commissioner may cooperate and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this article.