C.R.S. § 35-28-105 — CO Code / Title 35 / Article 28 / Section 35-28-105
35-28-105. Administration of article
Status: in_force

35-28-105. Administration of article. (1) The commissioner of agriculture shall administer and enforce the provisions of this article and shall have all of the administrative powers conferred upon the head of a department of the state. In order to effectuate the declared purposes of this article, the commissioner of agriculture is authorized to issue, administer, and enforce the provisions of marketing orders.

(2) Whenever the commissioner has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article with respect to any agricultural commodity, either upon his own motion or upon application of any producer or handler of such commodity, he shall give due notice of and an opportunity for a public hearing upon a proposed marketing order.

(3) Due notice of any hearing called for such purpose shall be given to all persons, who may be directly affected by any action of the commissioner pursuant to the provisions of this article, and whose names appear upon lists to be filed by such agricultural industry with the commissioner. Such hearing shall be open to the public. All testimony shall be received under oath and a full and complete record of all proceedings at any such hearing shall be made and filed by the commissioner at his office.

(4) In order to effectuate the declared policy of this article, the commissioner has the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, distributors, handlers, producers, and others engaged in the handling of any agricultural commodity, regulating the preparation, sale, and handling of such agricultural commodity, which said marketing agreement shall be binding upon the signatories thereto exclusively. The execution of such marketing agreement shall in no matter affect the issuance, administration, or enforcement of any marketing order provided for in this article. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same commodity. The commissioner, in his discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order in the manner provided for giving due notice and opportunity for hearing for a marketing order as provided in this article.
C.R.S. § 35-1-108 — CO Code / Title 35 / Article 1 / Section 35-1-108
35-1-108. Divisions created
Status: in_force

35-1-108. Divisions created. There is created in the department an administrative services division, a division of plant industry, a division of animal health, a division of animal welfare, a division of markets, and a division of inspection and consumer services. These divisions are type 2 entities, as defined in section 24-1-105.
C.R.S. § 35-4-105 — CO Code / Title 35 / Article 4 / Section 35-4-105
35-4-105. Compensation
Status: in_force

35-4-105. Compensation. A county pest inspector shall receive such compensation as may be fixed by the board of county commissioners hiring such county pest inspector. The board of county commissioners shall provide for reimbursement of the county pest inspector for actual expenses incurred in carrying out the provisions of this article.
C.R.S. § 35-57-111 — CO Code / Title 35 / Article 57 / Section 35-57-111
35-57-111. Meeting place
Status: in_force

35-57-111. Meeting place. The board shall establish a meeting place anywhere within this state, but the selection of the location shall be guided by consideration for the convenience of the majority of those most likely to have business with the board or to be affected by its acts.
C.R.S. § 35-65-306 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-306
35-65-306. Provision of bond resolution - covenants
Status: in_force

35-65-306. Provision of bond resolution - covenants. (1) A resolution pertaining to issuance of bonds under this part 3 may contain covenants as to:

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

(b) The use and disposition of the revenues of the project for which the bonds are to be issued;

(c) Such matters as are customary in the issuance of revenue bonds including without limitation the issuance and lien position of other or additional bonds, payable from the net revenue received for the operation of the additional facilities acquired or provided pursuant to this part 3 and contributions from nonstate sources for such facilities;

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

(2) Any resolution made pursuant to the terms of this part 3 shall be deemed a contract with the holders of the bonds, and the duties of the board under such resolution shall be enforceable by any appropriate action in a court of competent jurisdiction.
C.R.S. § 35-56-103 — CO Code / Title 35 / Article 56 / Section 35-56-103
35-56-103. Registration fee
Status: in_force

35-56-103. Registration fee. The keeper of such auction shall be entitled to charge and receive for the registering of each animal so entered in his register, before he offers the same for sale, the sum of twenty-five cents. All stock registers shall be open for inspection and reference to any person who may wish to examine the same, and shall be evidence in any court where the trial of the right of property may be had.
C.R.S. § 35-57.8-102 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-102
35-57.8-102. Definitions
Status: in_force

35-57.8-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Authority" means the Colorado horse development authority created by section 35-57.8-103 (2).

(2) "Board" means the board of directors of the Colorado horse development authority created by section 35-57.8-104 (1).

(3) "Commissioner" means the commissioner of agriculture.
C.R.S. § 35-28-118 — CO Code / Title 35 / Article 28 / Section 35-28-118
35-28-118. No personal liability
Status: in_force

35-28-118. No personal liability. The members of any such board of control, including employees of such board, shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of such board. The liability of the members of such board shall be several and not joint and no member shall be liable for the default of any other member.
C.R.S. § 35-27.3-103 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-103
35-27.3-103. Definitions
Status: in_force

35-27.3-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Advisory committee" means the seed potato advisory committee created in section 35-27.3-107.

(2) "Certified" means certified by a certifying authority as meeting all applicable laws and rules for certification of seed potatoes.

(3) "Certifying authority" means the potato certification service of Colorado state university or the authorized seed potato certifying agency of another state, territory, or country.

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

(5) "Community disease" means a disease or pest that can move from field to field during the potato growing season and is not confined to any single potato grower's operation. The term includes late blight and potato virus Y.

(6) "Cultivar" means unique variety.

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

(8) "Distribute" means to offer for sale, sell, barter, deliver, supply, furnish, or otherwise provide seed potatoes.

(9) "Generation" means one full seasonal growth cycle, including planting, growing, harvesting, and storing.

(10) "Hundredweight" means a unit of weight equal to one hundred pounds.

(11) "Official control", with respect to a crop of potatoes, means that the seed potatoes used to produce the crop have been derived from certified seed, qualified seed, or tested, documented sources and found to be within the legal limits for all diseases and pests of concern.

(12) "Parent" means one prior generation removed.

(13) "Person" means any individual, partnership, association, corporation, agency, or organized group of persons.

(14) "Progeny" means the offspring or daughter tubers of a potato plant.

(15) "Qualified", with respect to seed potatoes, means that the seed potatoes are derived from certified seed potatoes, have been inspected by a certifying authority and meet all applicable laws and rules for seed potato certification including official disease control standards, and are thus eligible for planting as seed.

(16) "Quarantine" means a quarantine imposed by the commissioner pursuant to section 35-4-110.

(17) "Seed potatoes" means vegetatively propagated tubers used or intended to be used for potato production.

(18) "State national harmonization program" means the state national harmonization program for seed potatoes developed by the plant protection and quarantine program of the animal and plant health inspection service in the United States department of agriculture.
C.R.S. § 35-23-101 — CO Code / Title 35 / Article 23 / Section 35-23-101
35-23-101. Legislative declaration
Status: in_force

35-23-101. Legislative declaration. The purpose of this article is to provide the means whereby producers, shippers, carriers, buyers, and sellers of fruits, vegetables, and such other agricultural products as may be mutually agreed upon, on application, may secure prompt and efficient inspection and classification of such products. The standardization of the produce industry by means of the proper classification and grading of fruits, vegetables, and other agricultural products is recognized to be beneficial to the producer, carrier, shipper, buyer, seller, and consumer. Prompt and efficient inspection, under competent authority, furnishes the producer and the shipper prima facie evidence of quality and condition of products; it guarantees the carrier and the receiver as to the quality and condition of products carried and received by them; and it assures the ultimate consumer of the quality and condition of products purchased.
C.R.S. § 35-5.5-113 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-113
35-5.5-113. Public nuisance - abatement
Status: in_force

35-5.5-113. Public nuisance - abatement. All noxious weeds, at any and all stages, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith may be declared to be a public nuisance by the local governing body having jurisdiction over the lands upon which said noxious weeds are situated. Once declared, such nuisances are subject to all laws and remedies relating to the prevention and abatement of nuisances. The local governing body, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such nuisance as in its discretion appears necessary. The remedies of this section shall be in addition to all other remedies provided by law.
C.R.S. § 35-27.3-108 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-108
35-27.3-108. Powers and duties of the commissioner - rules
Status: in_force

35-27.3-108. Powers and duties of the commissioner - rules. (1) In addition to any other duties in this article 27.3, the commissioner shall:

(a) Administer and enforce this article;

(b) Adopt rules necessary for the administration and enforcement of this article 27.3, including rules that:

(I) Establish requirements for compliance verification, testing, sampling, and inspection;

(II) Specify quality or disease standards for potatoes;

(III) Allow for the random selection of ten percent of potato growers subject to the annual records review required under section 35-27.3-106 (2);

(IV) Set standards for uncertified seed potato stock that may be planted pursuant to section 35-27.3-105 (2)(b);

(V) Establish methods for determining that bacterial ring rot or an unacceptable level of community diseases is not present in seed potatoes planted under section 35-27.3-105 (3);

(VI) Designate the type of records that must be kept by growers; and

(VII) Set a schedule of fees for services performed by the department, which fees must be billed to the committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title 35.
C.R.S. § 35-80-104 — CO Code / Title 35 / Article 80 / Section 35-80-104
35-80-104. Pet animal facility license required
Status: in_force

35-80-104. Pet animal facility license required. Any person operating a pet animal facility shall possess a valid pet animal facility license issued by the commissioner in accordance with this article and any rules and regulations adopted by the commissioner in accordance with the provisions of this article.
C.R.S. § 35-23.5-107 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-107
35-23.5-107. Penalty
Status: repealed

35-23.5-107. Penalty. (1) It is unlawful for any person to:

(a) Operate a facility for the storage of apples that is represented as being a controlled atmosphere storage facility unless it meets the standards set pursuant to rule by the commissioner under the provisions of this article;

(b) Sell, exchange, offer for sale, advertise, label, or otherwise represent that apples have been exposed to controlled atmosphere storage, unless such apples have been stored in a facility that meets the standards set pursuant to rule by the commissioner under provisions of this article.

(c) Repealed.

(2) Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each such offense. Each day of violation shall be deemed a separate offense.

(3) The commissioner may initiate an action in the proper court for injunctive relief to prevent or restrain any violation of this article or the rules adopted pursuant thereto.
C.R.S. § 35-24.5-109 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-109
35-24.5-109. Facility permit required
Status: in_force

35-24.5-109. Facility permit required. (1) On or after January 1, 1992, no person shall operate a fish production facility for the purpose of propagating, selling, trading, or transporting live fish or viable gametes unless such fish production facility possesses a valid and current aquaculture facility permit issued by the commissioner.

(2) One or more satellite stations of a fish production facility may operate under one aquaculture facility permit if all such satellite stations are listed on such facility permit.

(3) Each person seeking to obtain an aquaculture facility permit shall make application to the commissioner on forms prescribed and furnished by the commissioner.

(4) An annual facility permit fee in an amount to be established by the commissioner, not to exceed one hundred eighty dollars, shall accompany the application.

(5) No aquaculture facility permit shall be required for persons to obtain and possess live fish for aquaria or private ponds so long as such aquaria or ponds are hydrologically closed systems and are not connected to state waters and so long as live fish which have been held in such aquaria or ponds are not released into state waters.

(6) No aquaculture facility permit shall be required of any federal, state, or county agency or of any person possessing a valid scientific collecting permit who is conducting research or educational activities with lawfully acquired fish, nor shall such permit be required of any zoo accredited by the American association of zoological parks and aquariums; except that such persons and entities must adhere to all other division of parks and wildlife regulations including record-keeping and importation requirements.

(7) Any person who operates or uses an aquaculture facility, whether as owner, operator, lessee, or pursuant to any contract, or who otherwise buys, sells, trades, or acts as a broker of live fish or viable gametes, shall be subject to all applicable regulations including record-keeping and importation requirements.
C.R.S. § 35-80-113 — CO Code / Title 35 / Article 80 / Section 35-80-113
35-80-113. Civil penalties
Status: repealed

35-80-113. Civil penalties. (1) Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the 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:

(a) Bring suit to recover the amount of the civil penalty plus costs and attorney fees by action in any court of competent jurisdiction; or

(b) Refuse to renew any license authorized under this article that was issued to a person who has not paid the civil penalty pursuant to section 35-80-106 (4).

(4) Repealed.
C.R.S. § 35-11.5-104 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-104
35-11.5-104. Rules
Status: repealed

35-11.5-104. Rules. (1) To carry out the provisions of this article, the commissioner shall adopt appropriate rules pursuant to section 24-4-103, C.R.S., concerning the following:

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

(b) to (i) Repealed.

(j) The provisions of 7 U.S.C. sec. 6501 et seq. and 7 CFR 205, applicable to the certification of organic producers;

(k) Confidentiality of information and documents pursuant to section 35-11.5-105 (4);

(l) Establishment of minimum standards for the qualification of individuals who are authorized to make inspections as agents of the commissioner under this article and who are not employees of the department.
C.R.S. § 35-23.5-105 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-105
35-23.5-105. Storage in another state
Status: in_force

35-23.5-105. Storage in another state. (1) When apples have been grown and stored in another state which has laws governing controlled atmosphere storage of apples similar to the provisions in effect in this state, and the apples have been stored in compliance with those provisions, such apples may be represented as having been exposed to controlled atmosphere storage when sold in this state if the state in which they were stored permits apples which are stored in this state and in compliance with the laws of this state to be represented as having been exposed to controlled atmosphere storage when sold in that state.

(2) When apples have been grown and stored in another state which does not have laws governing controlled atmosphere storage of apples similar to provisions in effect in this state, but the apples have been stored in facilities and under conditions comparable to that required under this article and the rules adopted pursuant thereto, they may be represented as having been exposed to controlled atmosphere storage when sold in this state.
C.R.S. § 35-33-301 — CO Code / Title 35 / Article 33 / Part 3 / Section 35-33-301
35-33-301. Sale of poultry - labeling - rules
Status: repealed

35-33-301. Sale of poultry - labeling - rules. (1) A poultry producer exempted under this article 33 may sell poultry to individuals. A poultry producer licensed under this article 33 may sell poultry to retail food establishments licensed pursuant to section 25-4-1606 and to individuals.

(2) The department shall consult with the department of public health and environment to promulgate rules regarding the labeling of poultry sold pursuant to this section.

(3) (a) The commissioner may convene, as needed, a stakeholder group, including representatives from the Colorado department of public health and environment, retail food establishments, liability insurance companies, poultry farmers, poultry suppliers, processors operating under this article 33, and any other interested party.

(b) The department shall keep and maintain a list of stakeholders.

(c) to (e) Repealed.
C.R.S. § 35-9-103 — CO Code / Title 35 / Article 9 / Section 35-9-103
35-9-103. Definitions
Status: in_force

35-9-103. Definitions. As used in this article 9, unless the context otherwise requires:

(1) "Active ingredient" means:

(a) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

(b) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;

(c) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and

(d) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(2) "Adulterated" refers to:

(a) Any pesticide whose strength or purity deviates from the professed strength or purity stated on its labeling or under which it is sold; or

(b) Any pesticide whose components or their relative proportions differ from those stated on its labeling; or

(c) Any substance which has been substituted wholly or in part for a pesticide; or

(d) Any pesticide from which any valuable constituent has been wholly or partly abstracted; or

(e) Any pesticide in which any contaminant is present in an amount which is determined by the commissioner to be a hazard.

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

(4) "Dealer" means any person who distributes to any other person any restricted-use pesticide.

(5) "Device" means any instrument or contrivance, other than a firearm, intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, viruses, or other microorganisms on or in living man or other living animals); except that "device" shall not include equipment used for the application of pesticides when sold separately therefrom.

(6) "Distribute" means to advertise, offer for sale, hold for sale, sell, barter, or supply in any fashion any pesticide in this state.

(7) "EPA" means the environmental protection agency.

(8) "Inert ingredient" means an ingredient which is not active.

(9) "Limited-use pesticide" refers to any pesticide so designated by the commissioner.

(9.5) "Neonicotinoid pesticide" means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including:

(a) Acetamiprid;

(b) Clothianidin;

(c) Dinotefuran;

(d) Imidacloprid;

(e) Nitenpyram;

(f) Nithiazine;

(g) Thiacloprid; or

(h) Thiamethoxam.

(10) "Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or in other living animals) which the commissioner or the administrator of the EPA declares to be a pest.

(11) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term "pesticide" shall not include any article that is a "new animal drug" as designated by the United States food and drug administration.

(11.4) "Refill" means to transfer a pesticide for sale or distribution to a refillable container without changing the composition, formulation, or EPA registration number of the pesticide.

(11.5) "Refillable container" means a container that is intended to be filled more than once with a pesticide for sale or distribution.

(11.6) "Refiller" means a person that engages in refilling.

(12) "Restricted-use pesticide" means any pesticide designated as a restricted-use pesticide by the commissioner or the administrator of the environmental protection agency.
C.R.S. § 35-52-118 — CO Code / Title 35 / Article 52 / Section 35-52-118
35-52-118. Administration and equipment
Status: in_force

35-52-118. Administration and equipment. The department of agriculture is charged with administration and enforcement of this article in conjunction with such rules and regulations as may be promulgated by the state agricultural commission to carry out its provisions.
C.R.S. § 35-43-204 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-204
35-43-204. Investigations
Status: in_force

35-43-204. Investigations. The board may investigate possible violations of this part 2 on the basis of a complaint or when the board has other reasonable grounds to believe that any person has violated any such provision.
C.R.S. § 35-9-107 — CO Code / Title 35 / Article 9 / Section 35-9-107
35-9-107. Pesticide registration - application - fees - expiration - rules
Status: repealed

35-9-107. Pesticide registration - application - fees - expiration - rules. (1) Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate:

(a) The name and address of the applicant and, if it is different, the name and address of the person whose name will appear on the pesticide label;

(b) The name of the pesticide;

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

(d) A complete statement of each active ingredient and its percentage of the whole and, if requested by the commissioner, each inert ingredient and its percentage of the whole, which inert ingredient information shall be kept confidential as provided in section 35-9-109;

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

(f) If requested by the commissioner, analytical standards and methods of analysis for each formulation of said pesticide and analytical methods for determining any residues of said pesticide at levels suspected harmful to plants, animals, or the environment; and

(g) Any other information required by the commissioner.

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

(3) Repealed.

(4) (a) Repealed.

(b) On and after January 1, 2011, registration of a pesticide shall expire each year on a date specified by the commissioner by rule.
C.R.S. § 35-40-106 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-106
35-40-106. Hunters - how recommended
Status: in_force

35-40-106. Hunters - how recommended. All government hunters employed under sections 35-40-101 to 35-40-106 shall be employed by recommendation of local county livestock growers' associations.
C.R.S. § 35-65-308 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-308
35-65-308. Prior lien of bonds
Status: in_force

35-65-308. Prior lien of bonds. (1) Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this part 3 shall have a prior and paramount lien on the net revenues of the additional facilities acquired or provided pursuant to this part 3 for which the bonds have been issued and contributions from nonstate sources for such facilities. The board may provide for preferential security for any bonds, both principal and interest, to be issued under this part 3 to the extent deemed feasible and desirable by such board over any bonds that may be issued thereafter.

(2) Bonds of the same issue or series issued under this part 3 shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.
C.R.S. § 35-5-108 — CO Code / Title 35 / Article 5 / Section 35-5-108
35-5-108. Control or eradication methods and procedures - notice - assessments - protests
Status: in_force

35-5-108. Control or eradication methods and procedures - notice - assessments - protests. (1) The county pest inspector shall give notice by radio, newspaper, or any other means of communication to the owner, lessee, agent, or occupant of any lands within a district on which noxious weeds, insect pests, or plant diseases are found, advising them of their presence and naming the noxious weed, insect pest, or plant disease, giving both common and scientific names. Such notice shall specify the best available methods of controlling or eradicating such noxious weeds, insect pests, or plant diseases and shall require that such methods be used for control or eradication thereof. Failure to receive such notice shall not constitute a defense to the assessment of a lien against the property, as provided in this section, for the expense for the control or eradication of such pests.

(2) In case any such landowner, lessee, agent, or occupant refuses to comply with the requirements of the county pest inspector for the control or eradication of such noxious weeds, insect pests, or plant diseases, or causes the same to be done, it is the duty of the inspector to provide access to sprayers or other equipment needed and to enter upon such lands with the approval of the board of county commissioners and, as provided in this article, to effect the control or eradication of such noxious weeds, insect pests, or plant diseases.

(3) Upon completion of the work, the board of county commissioners shall notify or cause to be notified said landowner, by certified mail, at the address shown on the records of the county assessor, or by one publication in a newspaper having general circulation within the county, as to the amount due, furnishing an itemized statement of the expense of the treatment of such noxious weeds, insect pests, or plant diseases (the amount paid the inspector shall not be included), and stating that, if the amount of said statement is not paid to the county treasurer of the county wherein the real estate is located within thirty days from the date of said notice, the amount thereof will be assessed as a lien upon said real estate, but no lien shall be in excess of the valuation for assessment of said real estate.

(4) If any landowner within the district is dissatisfied with the itemized statement of expense, he may, within thirty days from the mailing or publication of the account showing such charge, file a written protest with the board of county commissioners. Not later than ten days after the filing of such protest, the board of county commissioners shall fix a time and place for hearing on the protest filed, to be held not less than ten days nor more than thirty days from the date of notice of the hearing, and immediately after such hearing the board of county commissioners shall make written findings and such changes in the assessment as may be determined to conform with such findings.

(5) A copy of said final statement of expenses shall be filed with the county assessor. If the amount of the statement is not paid within thirty days of said notice or if a protest is filed, within thirty days after the findings or determination of such protest, the county assessor shall extend the amount upon the assessment rolls, and said assessment shall thereon become a part of the general taxes and constitute a lien against the entire contiguous tract owned by such person of which the portion so treated is all or a part. The assessment shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax; but not more than five percent of the total valuation for assessment of the entire contiguous tract of land of which the portion so treated is all or a part shall be spread on the tax rolls against said land in any one year. Any amount in excess of the five percent limitation and remaining unpaid may be carried over and charged on the tax roll of the succeeding years, and any unpaid balance so carried over shall bear interest at the rate of six percent per annum until paid. All of the provisions of the general laws for the enforcement of the collection of taxes shall be applicable thereto after the extension by the county assessor. Such assessments may be paid in full at any time before general taxes become due and payable.

(6) (a) Upon completion of the work, the board of county commissioners shall notify or cause to be notified said lessee, by certified mail, at the address shown on the records of the state board of land commissioners, or by one publication in a newspaper having general circulation within the county, of the amount due, furnishing an itemized statement of the expense of the treatment of such noxious weeds, insect pests, or plant diseases (the amount paid the inspector shall not be included), and stating that, if the amount of said statement is not paid to the county treasurer of the county wherein the leased property is located within thirty days from the date of said notice, the amount thereof will be assessed as a lien upon any improvements located upon the leased property and owned by the lessee. The county shall institute civil proceedings in a court of competent jurisdiction to recover the amount of the assessment. In the event the value of said improvements is less than the amount of the assessment, the county may recover the difference by execution on such personal property of the lessee that is not exempt, as provided by law.

(b) If any lessee within the district is dissatisfied with the itemized statement of expense, he may file a written protest with the board of county commissioners as provided by subsection (4) of this section.

(c) A copy of the final statement of expense shall be filed with the county assessor. If the amount of the statement is not paid within thirty days of said notice or if a protest is filed, within thirty days after the findings or determination of such protest, the county assessor shall extend the amount upon the assessment rolls, and said assessment shall thereon become a part of the general taxes and constitute a lien against any improvements located upon the tract and owned by the lessee. If a judgment in favor of the county is not satisfied as the result of execution on the property, the county shall seek to satisfy the judgment by levying upon any personal property held by the lessee which is not exempt, as provided by law.
C.R.S. § 35-65-402 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-402
35-65-402. Retirement plans for employees of authority
Status: repealed

35-65-402. Retirement plans for employees of authority. (Repealed)
C.R.S. § 35-72-108 — CO Code / Title 35 / Article 72 / Section 35-72-108
35-72-108. Wind erosion control fund
Status: repealed

35-72-108. Wind erosion control fund. (Repealed)
C.R.S. § 35-46-109 — CO Code / Title 35 / Article 46 / Section 35-46-109
35-46-109. Taking into custody or release unlawful - penalty
Status: in_force

35-46-109. Taking into custody or release unlawful - penalty. It is unlawful for any person to take into the person's custody any livestock without complying with the provisions of sections 35-46-102 to 35-46-105 unless such taking be done in good faith. It is unlawful for any person, forcibly or by trickery, fraud, or deceit, or without the knowledge and consent of the person having possession of any livestock taken under such provisions, to remove the same from the possession of such person. Any person violating the provisions of this section commits a class 2 misdemeanor.
C.R.S. § 35-45-108 — CO Code / Title 35 / Article 45 / Section 35-45-108
35-45-108. Distribution of receipts
Status: in_force

35-45-108. Distribution of receipts. (1) All moneys received by the state treasurer as the state's share of the amounts collected by the federal government under the provisions of sections 3 and 15 of the "Taylor Grazing Act", and any act amendatory thereof, and under the provisions of Public Law 136, 82nd congress, approved August 31, 1951, shall be credited to a clearing account.

(2) Moneys received under the provisions of section 3 of the "Taylor Grazing Act" which are derived from each grazing district in the state shall be paid over to the counties in which such grazing districts are located, in the proportion that the acreage of each county lying within a particular grazing district bears to the total acreage of such grazing district, as such acreages are certified by the federal agency administering such provisions.

(3) Moneys received under the provisions of section 15 of the "Taylor Grazing Act" and under the provisions of Public Law 136, 82nd congress, shall be paid over to the several counties of the state from which such moneys were derived, as certified in reports furnished by the federal agency administering said provisions.

(4) All such payments shall be calculated by the state treasurer and shall be made to the respective county treasurers during the month of September of each year.
C.R.S. § 35-75-108 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-108
35-75-108. Authority - loans to or made by lenders
Status: in_force

35-75-108. Authority - loans to or made by lenders. (1) The authority may:

(a) Make, and undertake commitments to make, loans to lenders under terms and conditions requiring the proceeds thereof to be used by such lenders to make loans to finance agricultural enterprises. Loan commitments or actual loans shall be originated through and serviced by any bank, trust company, savings and loan association, mortgage banker, or other financial institution authorized to transact business in this state.

(b) Invest in, purchase or make commitments to invest in or purchase, or take assignments or make commitments to take assignments of loans made by lenders for the construction, rehabilitation, or purchase of agricultural enterprises. No loan shall be eligible for investment in, purchase, or assignment by the authority if the loan was made more than six months prior to the date of investment, purchase, or assignment by the authority.

(2) Prior to exercising any of the powers authorized in subsection (1) of this section, the authority shall require the lender to certify and agree that:

(a) The loan is, or if the loan has not yet been made will at the time of making be, in all respects a prudent investment; and

(b) Such lender will use the proceeds of the loan, investment, sale, or assignment within a reasonable period of time to make loans or purchase loans to finance agricultural enterprises; or, if such lender has made a commitment to make loans to finance agricultural enterprises on the basis of a commitment from the authority to purchase such loans, such lender will make and sell the loans to the authority within a reasonable period of time.

(3) Prior to exercising any of the powers under subsection (1) of this section, the authority may, but is not obligated to:

(a) Require that the loan involved be insured by a loan insurer or be guaranteed by a loan guarantor;

(b) Require any type of security that it deems reasonable and necessary; or

(c) Authorize the reservation of funds by lenders in such amount and subject to such conditions as the authority considers reasonable and necessary.
C.R.S. § 35-49-107 — CO Code / Title 35 / Article 49 / Section 35-49-107
35-49-107. Construction requirements
Status: in_force

35-49-107. Construction requirements. (1) The state engineer shall examine each application submitted and, if the state engineer approves the same, shall return one copy of each such application with the approval of the state engineer thereon to the person submitting the same and file the other copy at the office of the state engineer. If the state engineer disapproves such application, or any part thereof, the same shall be returned to the applicant for correction and revision. In cases where the state engineer deems it necessary, before approval thereof, the state engineer may inspect the proposed water tank site and make such independent investigation as necessary. Whether the state engineer approves such application, or disapproves it and returns the same for correction and revision, the state engineer shall act within fifteen days after the application is submitted. Until the approval by the state engineer of an application has been obtained, the construction of such dam is prohibited.

(2) The provisions of this section and section 35-49-112 specifying approval by the state engineer and providing a fee therefor shall not apply to dams having a vertical height not exceeding five feet from the bottom of the channel to the bottom of the spillway and which impound not more than two acre feet of water.

(3) Anyone proposing to construct a dam for the creation of a livestock water tank, as described in section 35-49-103, shall comply with section 35-49-106. Every owner of a proposed reservoir for stock watering purposes who desires to obtain a priority number for such structure shall comply fully with all pertinent provisions of this article.
C.R.S. § 35-65-305 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-305
35-65-305. Power to secure bonds
Status: in_force

35-65-305. Power to secure bonds. (1) The board, in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon, has the power, by resolution:

(a) To provide that the bonds issued under this part 3 shall be payable from and may be secured by a pledge of and lien on any or all net revenues derived from, and shall be payable from:

(I) Fees, rentals, and other charges for the use of the additional facilities acquired or provided with the proceeds of said bonds or any one or more additional facilities acquired or provided with proceeds of bonds issued pursuant to this part 3; and

(II) Contributions from nonstate sources for such facility or facilities;

(b) To covenant with or for the benefit of the holders of bonds issued under this part 3 that, so long as any of the bonds remain outstanding and unpaid, the board shall prescribe service charges, fees, and rentals and shall revise the same when necessary so that the additional facility or facilities for which the bonds are issued shall always remain self-supporting, with revenues, including donations from nonstate sources for such additional facility or facilities, sufficient:

(I) To provide for all expenses of operation, maintenance, expansion, and replacement of any facilities from which such revenues are derived;

(II) To pay, when due, all bonds and interest thereon; and

(III) To provide reasonable reserves for such purposes.
C.R.S. § 35-33-404 — CO Code / Title 35 / Article 33 / Part 4 / Section 35-33-404
35-33-404. License - denial - suspension - revocation
Status: repealed

35-33-404. License - denial - suspension - revocation. (Repealed)
C.R.S. § 35-1.5-101 — CO Code / Title 35 / Article 1.5 / Section 35-1.5-101
35-1.5-101. Scope of article
Status: in_force

35-1.5-101. Scope of article. (1) Nothing in this article shall be construed to limit the authority of a local government to:

(a) Zone for the sale or storage of any agricultural chemical, provide or designate sites for disposal of any agricultural chemical or container, regulate the discharge of any agricultural chemical into sanitary sewer systems, adopt regulations pursuant to a storm water management program that is consistent with federal or state regulation, adopt or enforce building and fire code requirements, or to protect surface or groundwater drinking water supplies in accordance with current state or federal applicable law;

(b) Comply with any federal or state law or regulation or take any action otherwise prohibited by this article in order to comply with any federal or state requirement or avoid a fine or other penalty under federal or state law;

(c) Implement a cooperative agreement with any federal or state agency;

(d) Regulate the use of agricultural chemicals on property in which the local government has a fee simple absolute ownership interest;

(e) Issue local occupational licenses.

(2) The lack of a provision in this article explicitly preempting local government regulation of any particular agricultural chemical not listed in section 35-1.5-102 (2) shall not be construed as an implicit grant of authority to a local government pursuant to this article to regulate on that subject.
C.R.S. § 35-49-114 — CO Code / Title 35 / Article 49 / Section 35-49-114
35-49-114. Approval required for reservoir
Status: repealed

35-49-114. Approval required for reservoir. (Repealed)
C.R.S. § 35-12-116 — CO Code / Title 35 / Article 12 / Section 35-12-116
35-12-116. Cancellation of registration or refusal to register
Status: in_force

35-12-116. Cancellation of registration or refusal to register. (1) The commissioner may revoke or suspend the registration of or may refuse to register any commercial fertilizer, soil conditioner, or plant amendment upon a finding supported by satisfactory evidence that the registrant or person applying for registration has violated any provision of this article or any rule adopted pursuant to this article. No registration shall be refused, suspended, or revoked until the registrant has been given the notice and opportunity of a hearing required by article 4 of title 24, C.R.S.

(2) The commissioner may revoke or suspend the registration of or may refuse to register any manufacturing facility required to be registered under section 35-12-104 (7) or (8) upon a finding that the registrant or person applying for registration has submitted false information to the commissioner or has violated any provision of this article or any rule adopted pursuant to this article. No registration shall be refused, suspended, or revoked until the registrant has been given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
C.R.S. § 35-52-111.1 — CO Code / Title 35 / Article 52 / Section 35-52-111.1
35-52-111.1. Civil penalties
Status: in_force

35-52-111.1. Civil penalties. (1) Any person who violates any provision of this article or of any rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or the commissioner. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule on at least one prior occasion occurring after March 23, 1995.

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

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

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

(5) All penalties collected pursuant to this section shall be transmitted to the general fund.
C.R.S. § 35-21-204 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-204
35-21-204. Exceptions
Status: in_force

35-21-204. Exceptions. (1) Section 35-21-203 (1) does not apply during:

(a) Medical research;

(b) Examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the direct supervision of a veterinarian licensed in accordance with article 315 of title 12;

(c) Transportation;

(d) A state or county fair exhibition, a 4-H program, and similar exhibitions;

(e) Slaughter, if done in accordance with an applicable law; or

(f) Temporary periods for animal husbandry purposes for no more than six hours in any twenty-four-hour period and no more than twenty-four hours total in any thirty-day period.

(2) This part 2 does not apply to:

(a) The production in the state, sale in the state, or transport for sale in the state of shell eggs by a farm owner or operator with annual shell egg production from three thousand or fewer egg-laying hens if all shell eggs sold in the state or transported for sale in the state by the farm owner or operator are derived from three thousand or fewer egg-laying hens; or

(b) The sale of or transport for sale of shell eggs in the state by a business owner or operator at one or more business locations in the state if all of the following conditions are met:

(I) Each business location owned by or operated by the business owner or operator sells fewer than twenty-five cases of thirty dozen shell eggs per week;

(II) All business locations owned by or operated by the business owner or operator collectively sell fewer than one hundred cases of thirty dozen shell eggs per week; and

(III) The business owner or operator is not a farm owner or operator.
C.R.S. § 35-1-109 — CO Code / Title 35 / Article 1 / Section 35-1-109
35-1-109. Employees interchangeable
Status: in_force

35-1-109. Employees interchangeable. It is the duty of the commissioner of agriculture in the administration of his department to so organize the same that all employees of the department, so far as possible, shall be interchangeable in work assignment to the end that they may be shifted within the department so as to meet seasonal and emergency demands upon any division or section of the department and the number of such help kept to a minimum possible for efficient operation.
C.R.S. § 35-53-125 — CO Code / Title 35 / Article 53 / Section 35-53-125
35-53-125. Inspection at point of origin
Status: in_force

35-53-125. Inspection at point of origin. (1) Any cattle moved from a pasture shall be inspected for brands by an authorized brand inspector at the point of origin before they are placed in a feed lot, and proof of ownership shall be shown on demand by any Colorado brand inspector or any other interested party. Any cattle found carrying questionable brands when an inspection is made shall be held and handled as estrays or questionably-owned cattle, as provided by law. Such inspections shall be made before mixing with any other cattle, and when any uninspected cattle are mixed prior to an inspection, an inspection shall be made on all the cattle so mixed, and the inspection fee shall be collected. A brand inspector shall be authorized to release the cattle to be inspected at the point of origin for an inspection to be made at any designated place where proper facilities are available.

(2) In the event that two or more parties claim ownership of questionably-owned cattle, the state board of stock inspection commissioners may provide for arbitration of the claim of ownership under the supervision of the said board or under the supervision of such officer or agent of the said board as may be designated by the said board.
C.R.S. § 35-9-101 — CO Code / Title 35 / Article 9 / Section 35-9-101
35-9-101. Short title
Status: in_force

35-9-101. Short title. This article shall be known and may be cited as the "Pesticide Act".
C.R.S. § 35-42-115 — CO Code / Title 35 / Article 42 / Section 35-42-115
35-42-115. Dangerous dog registry - created - cash fund
Status: in_force

35-42-115. Dangerous dog registry - created - cash fund. (1) The bureau shall establish a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement by veterinarians and licensed shelters in dangerous dogs pursuant to the provisions of section 18-9-204.5 (3)(e.5), C.R.S. The commissioner may promulgate such rules as may be necessary for the implementation of this section.

(2) A veterinarian or licensed shelter that implants a microchip pursuant to the provisions of section 18-9-204.5 (3)(e.5)(III), C.R.S., shall provide to the bureau a veterinary record of the microchip. The bureau shall maintain each veterinary record provided in a registry on a statewide database.

(3) Each person who is ordered to identify his or her dangerous dog through microchip implantation shall pay to the bureau a nonrefundable dangerous dog microchip license fee of fifty dollars, as required in section 18-9-204.5 (3)(e.5)(IV), C.R.S. The bureau shall transmit all fees collected pursuant to this subsection (3) to the state treasurer who shall credit the same to the dangerous dog microchip licensure cash fund, referred to in this section as the "fund", which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the bureau for the costs incurred in implementing this section. The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
C.R.S. § 35-4-113 — CO Code / Title 35 / Article 4 / Section 35-4-113
35-4-113. Authority of commissioner to enter into agreements
Status: in_force

35-4-113. Authority of commissioner to enter into agreements. (1) The commissioner may enter into agreements with other agencies of this state or of other states or any agency of the federal government and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article.

(2) The commissioner may enter into agreements with any agency of the federal government for the purposes of inspecting sites and plants and monitoring compliance with post-entry quarantine as required by the federal "Plant Protection Act", 7 U.S.C. sec. 7712 et seq., as amended, and the rules promulgated pursuant thereto. The actual costs to offset the cash funds expended by the commissioner pursuant to such agreement, including, but not limited to, promulgating any rules necessary for the administration and enforcement of such agreement and conducting inspections of sites and plants shall be recovered from the persons who have signed post-entry quarantine growing agreements covering the sites where the articles are grown or, if no such agreement exists, from the owners of the articles at the growing sites.

(3) The commissioner may enter into cooperative agreements with any other state or federal agency for the purpose of conducting inspections and issuing phytosanitary certificates pursuant to section 35-4-111.
C.R.S. § 35-25-116 — CO Code / Title 35 / Article 25 / Section 35-25-116
35-25-116. Bee inspection fund - transfer of moneys to plant health, pest control, and envi
Status: in_force

35-25-116. Bee inspection fund - transfer of moneys to plant health, pest control, and environmental protection cash fund. All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the bee inspection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
C.R.S. § 35-72-105.5 — CO Code / Title 35 / Article 72 / Section 35-72-105.5
35-72-105.5. Immunity
Status: in_force

35-72-105.5. Immunity. So long as it is engaged in the scope of activity permitted by the provisions of this article, a board or any of its members shall not be held liable in any court of competent jurisdiction for conduct associated with such tasks undertaken or assigned by it.
C.R.S. § 35-9-106 — CO Code / Title 35 / Article 9 / Section 35-9-106
35-9-106. Pesticide registration required - exemptions
Status: in_force

35-9-106. Pesticide registration required - exemptions. (1) Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article.

(2) The commissioner may exempt certain pesticides from the registration requirement consistent with the "Federal Insecticide, Fungicide, and Rodenticide Act", 7 U.S.C. sec. 136 et seq., as amended, and rules promulgated by the EPA under the "Federal Insecticide, Fungicide, and Rodenticide Act".
C.R.S. § 35-2-107 — CO Code / Title 35 / Article 2 / Section 35-2-107
35-2-107. Contracts to remain in force
Status: in_force

35-2-107. Contracts to remain in force. All existing contracts and obligations of the state agricultural commission shall remain in full force and effect and shall be performed by the state agricultural commission, and particularly that certain contract entered into on April 30, 1919, by and between the state of Colorado, by its commissioner of agriculture, and the United States, by the acting secretary of agriculture of the United States, for the establishment and maintenance of a cooperative crop and livestock reporting service.
C.R.S. § 35-65-105 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-105
35-65-105. State fair and industrial exposition
Status: repealed

35-65-105. State fair and industrial exposition. (1) (a) There is hereby established the Colorado state fair and industrial exposition, which shall be held annually at Pueblo, Colorado, for the display of livestock and agricultural, horticultural, industrial, mining, water conservation, tourist industry, recreational, educational, and scientific facilities, processes, and products of the state of Colorado. A display described in this subsection (1)(a) is referred to in this subsection (1) as an "industry display".

(b) To the extent necessary, the authority may collaborate with a state agency or an affiliate or employee of a state agency on developing an industry display or to obtain industry information and technical assistance for the industry display. State agencies are encouraged to collaborate with the authority in the development of industry displays for industries in which they have expertise.

(c) The authority may receive information from a representative of an industry described in subsection (1)(a) of this section for the purpose of developing an industry display.

(d) The board shall establish a process for approving the industry displays to ensure that the Colorado state fair and industrial exposition displays information that conforms with subsection (1)(a) of this section and is appropriate for patrons of all ages.

(2) The Colorado state fair shall be designated as the "Colorado state fair and industrial exposition"; except that the legal effect of any statute designating such fair as the Colorado state fair and all rights acquired and obligations incurred prior to April 15, 1965, under such name shall not be impaired by such change of name. The revisor of statutes is hereby directed to make such change in name as specified in this section.

(3) The Colorado state fair and industrial exposition shall be under the direction and supervision of the authority.

(4) to (6) Repealed.
C.R.S. § 35-10-111 — CO Code / Title 35 / Article 10 / Section 35-10-111
35-10-111. Record-keeping requirements
Status: in_force

35-10-111. Record-keeping requirements. (1) Each commercial, registered limited commercial, licensed private, and registered public applicator shall keep and maintain records of each pesticide application in the form and manner designated by the commissioner. The applicator shall retain the records for three years after the date of the pesticide application; except that the record retention period for private applicators is two years.

(2) The records shall be kept as follows:

(a) For a commercial applicator, at the address specified in the application for the commercial applicator's business license;

(b) For a registered limited commercial or registered public applicator, at the address specified in the registry authorized in section 35-10-109; or

(c) For a licensed private applicator, at the address of record on file with the commissioner.
C.R.S. § 35-42.5-101 — CO Code / Title 35 / Article 42.5 / Section 35-42.5-101
35-42.5-101. Duties and restrictions relating to shelters and pounds - legislative declaratio
Status: in_force

35-42.5-101. Duties and restrictions relating to shelters and pounds - legislative declaration - definitions. (1) (a) (I) As used in this section, unless the context otherwise requires, an animal "shelter or pound" means a nonprofit private or publicly owned facility where stray, abandoned, lost, or unwanted pet animals are held and which facility contains four or more pet animals at any given time. "Pound or shelter" does not mean a breeding facility maintained for the express and sole purpose of supplying pet animals to entities for research. Before selling, giving, lending, or in any other manner providing a dog or cat to any private or public facility for use in medical or any other kind of experimentation, a pound or shelter shall care for such dog or cat for a minimum of two weeks, during which time such dog or cat shall be made available for adoption while the pound or shelter makes a reasonable effort to establish the identity of the owner of such dog or cat and, if such owner is identified, gives such owner notice regarding the taking and impounding of such animal and an opportunity to reclaim such animal. Such reasonable effort shall include contacting the owner if the dog or cat is wearing an identification tag.

(II) Pounds and shelters shall not participate in the practice known as "red tagging", which, for the purposes of this section, means the isolation, without opportunity for adoption, of healthy, amiable dogs and cats for research animal buyers. No dog or cat shall be designated as a candidate for medical or any other kind of experimentation unless such dog or cat has been made available for adoption during the two-week period it is cared for by the pound or shelter.

(III) If a pound or shelter provides dogs or cats to facilities for experimentation, such pound or shelter shall inform an owner who is relinquishing his dog or cat to the pound or shelter of such practice. The pound or shelter may charge a reasonable fee for housing the dog or cat during the two-week period the animal is cared for by the pound or shelter.

(b) For purposes of this subsection (1), "experimentation" includes any research, or testing, or the use of an animal for the training of students or medical personnel.

(2) Any officer or agent of the state bureau of animal protection created in article 42 of this title, or any peace officer, as described in section 16-2.5-101, C.R.S., may enforce the provisions of this section.

(3) Any person who violates the provisions of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(4) The general assembly finds and declares that the establishment of the standards and specifications set forth in this section are a matter of statewide concern.
C.R.S. § 35-80-106.5 — CO Code / Title 35 / Article 80 / Section 35-80-106.5
35-80-106.5. Psittacine bird leg band - fee - rules
Status: in_force

35-80-106.5. Psittacine bird leg band - fee - rules. (1) Each applicant for a Colorado psittacine bird leg band shall be issued a bird leg band number by the commissioner after paying the required application fee, and each holder of a bird leg band number shall pay an annual renewal fee on or before the annual date set by the commissioner.

(2) The application, fees, and annual renewal date described in subsection (1) of this section shall be set forth in rule adopted by the commissioner.
C.R.S. § 35-12-119 — CO Code / Title 35 / Article 12 / Section 35-12-119
35-12-119. Civil penalties
Status: in_force

35-12-119. Civil penalties. (1) Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation. Each day the violation occurs shall constitute a separate 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 recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(4) Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
C.R.S. § 35-61-108.5 — CO Code / Title 35 / Article 61 / Section 35-61-108.5
35-61-108.5. Colorado industrial hemp research and development task force - legislative decla
Status: repealed

35-61-108.5. Colorado industrial hemp research and development task force - legislative declaration - definitions - reporting. (Repealed)
C.R.S. § 35-28-115 — CO Code / Title 35 / Article 28 / Section 35-28-115
35-28-115. Limitation of marketing orders
Status: in_force

35-28-115. Limitation of marketing orders. (1) Marketing orders issued by the commissioner under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective. No marketing order shall be issued by the commissioner unless it embraces all persons of a like class in a given area who are engaged in a specific and distinctive agricultural industry or trade within this state.

(2) Within the terms of this article, production or marketing areas as to peaches shall be classified as early maturing, which shall be at altitudes of less than five thousand feet, and late maturing, which shall be at altitudes of more than five thousand feet, and such areas shall be separate and distinct classes for all purposes under this article insofar as peaches are concerned.
C.R.S. § 35-60-110 — CO Code / Title 35 / Article 60 / Section 35-60-110
35-60-110. Enforcement - inspection - sampling - analysis
Status: in_force

35-60-110. Enforcement - inspection - sampling - analysis. (1) For the purpose of enforcing this article and the rules promulgated pursuant thereto, including the determination of whether or not an operation may be subject to this article, the commissioner, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized to:

(a) Enter, during normal business hours, any building, structure, land, vehicle, or other premises or property, public or private, within the state, in or on which feeds are manufactured, processed, packed, distributed, transported, stored, disposed of, or used as feed for any cattle, sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food, and to inspect such premises, property, or vehicle and all pertinent equipment, finished and unfinished materials, containers, records, and labeling in or on such premises, property, or vehicle. The inspection may include obtaining samples and the verification of records and production and control procedures as may be necessary to determine compliance with the rules adopted under section 35-60-107 (2)(n) or (2)(p).

(b) (Deleted by amendment, L. 2007, p. 997, § 11, effective May 22, 2007.)

(2) If the commissioner has obtained a sample in the course of an inspection, upon completion of the inspection and prior to leaving the premises, the commissioner shall give to the owner, operator, or agent in charge of the premises a receipt describing the samples obtained.

(3) If the owner, or the owner's agent, of any building, structure, land, vehicle, or other premises or property described in subsection (1) of this section refuses to admit the commissioner to inspect such premises, property, or vehicle, the commissioner is authorized to obtain from the district or county court for the district or county in which such premises, property, or vehicle is located a warrant to enter and inspect such premises, property, or vehicle and to sample such feeds, feed ingredients, or raw agricultural commodities according to this section prior to entry, inspection, and sampling. The district and county courts of this state are empowered to issue such warrants upon a proper showing of the need for such entry, inspection, and sampling. Any information concerning any methods, records, formulations, or processes that are entitled to protection as trade secrets under the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., and that are obtained in the course of the inspection or sampling shall be kept confidential.

(4) Sampling and analysis performed pursuant to this section shall be conducted in accordance with methods published by the international association of official analytical chemists or other generally recognized methods.

(5) The commissioner, in determining whether a feed is in violation in any component, shall be guided by the official sample as defined in section 35-60-102 (15) and obtained and analyzed in accordance with subsections (1) and (2) of this section.

(6) The results of all analyses of official samples revealing violations shall be forwarded by the commissioner to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicated a commercial feed has been adulterated or misbranded and upon request within thirty days following the receipt of the analysis, the commissioner shall furnish to the manufacturer a portion of the sample concerned.
C.R.S. § 35-33-105 — CO Code / Title 35 / Article 33 / Part 1 / Section 35-33-105
35-33-105. Injunctive relief
Status: in_force

35-33-105. Injunctive relief. Whenever the commissioner possesses sufficient evidence satisfactory to him or her indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule promulgated 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. § 35-28-121 — CO Code / Title 35 / Article 28 / Section 35-28-121
35-28-121. General provisions
Status: in_force

35-28-121. General provisions. (1) In the event the commissioner finds that it tends to effectuate the declared purposes of this article within the standards prescribed in this article, the commissioner may issue a marketing order, applicable to the marketing of any agricultural commodity containing like terms, provisions, methods, and procedures as any license or order regulating the marketing of such commodity issued by the secretary of agriculture of the United States pursuant to the provisions of any law or laws of the United States. In selecting the members of any board or other advisory agency under such marketing order, the commissioner shall utilize, insofar as practicable, the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflicting personnel.

(2) The commissioner is authorized to confer with and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, or orders. Said commissioner is authorized to conduct joint hearings and issue joint or concurrent marketing orders for the purposes and within the standards set forth in this article, and he may exercise any administrative authority prescribed by this article to effect such uniformity of administration and regulation.

(3) Nothing in this article applies to any order, rule, or regulation issued or issuable by the public utilities commission with respect to the operation of common carriers.

(4) In any civil or criminal action or proceeding for violation of any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with the provisions of this article or a marketing order issued under this article and in furtherance of the purposes and provisions of this article shall be a complete defense to such action or proceeding.
C.R.S. § 35-5-102 — CO Code / Title 35 / Article 5 / Section 35-5-102
35-5-102. Duty to control weeds
Status: in_force

35-5-102. Duty to control weeds. It is the duty of all persons owning land or any interest therein in the district, the department of transportation, the boards of county commissioners, school boards, the governing authorities of incorporated towns and cities and of railroads and ditch companies, and those persons supervising state-owned lands to use reasonable means to control the noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.
C.R.S. § 35-13-108 — CO Code / Title 35 / Article 13 / Section 35-13-108
35-13-108. Civil penalties
Status: in_force

35-13-108. Civil penalties. (1) (a) The commissioner may impose a civil penalty on any person who violates any provision of this article or any rule adopted under this article or under section 35-1-107 (5). Such penalty shall not exceed seven hundred fifty dollars per day per violation.

(b) Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.

(2) The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S.

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

(4) All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.
C.R.S. § 35-70-116 — CO Code / Title 35 / Article 70 / Section 35-70-116
35-70-116. County agents
Status: in_force

35-70-116. County agents. Any resident county extension agent whose jurisdiction lies wholly or in part in any established conservation district shall be ex officio a member of the board of supervisors of such district in an advisory capacity, but without the right to vote. Any county agent may serve in such capacity in more than one district.
C.R.S. § 35-28-106 — CO Code / Title 35 / Article 28 / Section 35-28-106
35-28-106. Marketing order issued - when
Status: in_force

35-28-106. Marketing order issued - when. (1) After such notice and hearing the commissioner may issue a marketing order if he finds and sets forth in such marketing order that such order will tend to:

(a) Reestablish or maintain prices received by producers for such agricultural commodity at a level which will give to such commodity a purchasing power, with respect to the articles and services which farmers commonly buy, equivalent to the purchasing power of such commodity in the base period. The base period shall be such period in which the commissioner finds that the volume of production of such commodity was adequate to supply the requirements of consumers thereof and the net returns to producers thereof were sufficient to provide an adequate standard of living to the farm operator and his family.

(b) Approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for such commodity;

(c) Prevent the unreasonable or unnecessary waste of agricultural wealth because of improper preparation of such agricultural commodity for market, lack of uniform grading and inspection, or excessive shipments to markets;

(d) Protect the interests of consumers of such commodity, by exercising the powers of this article only to such extent as is necessary to effectuate the declared purposes of this article;

(e) Eliminate unfair competition.

(2) In making the findings set forth in subsection (1) of this section, the commissioner shall take into consideration all facts available to him with respect to the following economic factors:

(a) The quantity of such agricultural commodity available for distribution;

(b) The quantity of such agricultural commodity normally required by consumers;

(c) The cost of producing, processing, distributing, and marketing such agricultural commodity as determined by available statistics and surveys;

(d) The purchasing power of consumers as indicated by reports and indices;

(e) The level of prices of commodities, services, and articles which the farmers commonly buy;

(f) The level of prices of other commodities which compete with or are utilized as substitutes for such agricultural commodity.
C.R.S. § 35-3.5-103 — CO Code / Title 35 / Article 3.5 / Section 35-3.5-103
35-3.5-103. Severability
Status: in_force

35-3.5-103. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
C.R.S. § 35-10-119 — CO Code / Title 35 / Article 10 / Section 35-10-119
35-10-119. Inspections - investigations - access - subpoena
Status: in_force

35-10-119. Inspections - investigations - access - subpoena. (1) The commissioner shall provide for the inspection and analysis of pesticides being used and for the inspection of equipment, devices that require licensure for use, or apparatus used for the application of pesticides, and the commissioner may require proper repairs or other changes before further use.

(2) The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article.

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

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

(a) To any land, water, or structures thereon in which any devices that require licensure for use, pesticides, containers, rinsates, or other related materials are or have been kept, used, stored, handled, processed, disposed of, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;

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

(5) The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
C.R.S. § 35-65-111 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-111
35-65-111. County fairgrounds
Status: in_force

35-65-111. County fairgrounds. The board of county commissioners of any county in this state is authorized to lease or purchase a tract of land suitable for county fair purposes, which shall be used for that purpose, in order to encourage and promote agricultural, mechanical, industrial, and livestock industries in this state.
C.R.S. § 35-49-112 — CO Code / Title 35 / Article 49 / Section 35-49-112
35-49-112. Fees deposited in general fund
Status: in_force

35-49-112. Fees deposited in general fund. Each application for a livestock water tank submitted to the state engineer under the provisions of this article shall be accompanied by a fee of fifteen dollars. This fee shall be deposited by the state engineer with the state treasurer who shall credit all such fees to the general fund of the state.
C.R.S. § 35-5.5-116 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-116
35-5.5-116. Noxious weed management fund - creation - allocation of funds
Status: in_force

35-5.5-116. Noxious weed management fund - creation - allocation of funds. (1) There is hereby created in the office of the state treasurer the noxious weed management fund. The fund consists of any civil penalties collected pursuant to section 35-5.5-118; any gifts, donations, and grants received pursuant to section 35-1-104 (1)(cc); and any moneys appropriated or transferred thereto by the general assembly. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The general assembly shall annually appropriate state moneys in the fund to the department of agriculture for the purposes specified in this section. Any unexpended and unencumbered moneys from an appropriation from the fund remain available for expenditure by the department in the next fiscal year without further appropriation.

(2) The interest earned on moneys in the noxious weed management fund and appropriated to the department of agriculture shall be expended for costs incurred by the department of agriculture in administering this article, and any moneys appropriated that exceed the amount needed for such costs may be expended for noxious weed management projects in accordance with this section.

(3) The department may expend moneys through grants or contracts to communities, weed control districts, or other entities it considers appropriate for noxious weed management projects.

(4) The department may expend moneys for the following purposes:

(a) Noxious weed management programs with local weed control districts, if expenses are shared with such districts;

(b) With the approval of the agricultural commission, the department may make special grants to local weed control districts to eradicate or contain state noxious weeds, which grants may be issued without matching funds from the district;

(c) Administrative expenses incurred by the department;

(d) Any project the agricultural commission determines will significantly contribute to the management of noxious weeds within the state;

(e) With the approval of the agricultural commission, grants to the Colorado state university cooperative extension service, the Colorado state university experiment station, and universities for weed management research, evaluation, and education;

(f) Employment of a new and innovative noxious weed management project or the development, implementation, or demonstration of any noxious weed management project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. Such expenditures shall be shared with such organizations.

(5) If a new and potentially harmful noxious weed is discovered growing in the state and its presence is verified by the department, the governor may declare a noxious weed emergency. In the absence of necessary funding from other sources, the department is authorized to allocate up to fifty thousand dollars of the principal in the noxious weed management fund to government agencies for emergency relief to manage or confine the new noxious weed species.
C.R.S. § 35-31-106 — CO Code / Title 35 / Article 31 / Part 1 / Section 35-31-106
35-31-106. Liberal construction
Status: in_force

35-31-106. Liberal construction. This part 1 shall be liberally construed to effectuate its purpose of preventing waste and of conserving and protecting the food supply available to the people of the state, to the end that the people may enjoy the benefit of any abundance or oversupply of any such food articles or products that may from time to time arise in any locality or in the state at large.
C.R.S. § 35-9-110 — CO Code / Title 35 / Article 9 / Section 35-9-110
35-9-110. Device registration - required
Status: in_force

35-9-110. Device registration - required. (1) Every device which is sold in this state and which is subject to the provisions of this article shall be registered with the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.

(2) The commissioner shall designate the classes of devices which are subject to this article.
C.R.S. § 35-40-203 — CO Code / Title 35 / Article 40 / Part 2 / Section 35-40-203
35-40-203. Cattle program
Status: in_force

35-40-203. Cattle program. For the protection of cattle against predatory animals, the board of county commissioners of any county, upon the recommendation of an association of cattle growers in the county, has power, either alone or in conjunction with other counties, to conduct a predatory animal control program for the protection of cattle in such county.
C.R.S. § 35-75-205 — CO Code / Title 35 / Article 75 / Part 2 / Section 35-75-205
35-75-205. Grants, loans and loan guarantees, and equity investments - agriculture value-ad
Status: repealed

35-75-205. Grants, loans and loan guarantees, and equity investments - agriculture value-added cash fund - created - report - definition. (1) (a) Money received by the board from public or private gifts, grants, or donations or from any other source shall be forwarded to the state treasurer and shall be credited to the agriculture value-added cash fund, which fund is hereby created. Money in the fund is continuously appropriated to the board and shall be used for the purpose of preparing criteria and reviewing applications as provided in section 35-75-204 and for financial or technical assistance to agricultural projects, project concepts, and research as approved by the board. All interest earned on the investment of money in the fund shall be credited to the fund. The board may provide or facilitate grants, loans and loan guarantees, and equity investments for agricultural projects, project concepts, or research; except that such grants, loans and loan guarantees, and equity investments shall be limited to two million dollars per project and, of the money transferred to the fund pursuant to subsection (4)(a) of this section, the board shall allocate at least one hundred fifty thousand dollars to research, guidance, technical assistance, feasibility studies, and projects related to agrivoltaics. Grants, loans and loan guarantees, and equity investments may only be provided to feasible projects and for an amount that is the least amount necessary to cause the project to occur, as determined by the board. The board may structure the grants, loans and loan guarantees, and equity investments in a way that facilitates the project and also provides for a compensatory return on investment or loan payment to the board based on the risk of the project. Any money credited to the agriculture value-added cash fund and unexpended at the end of any given fiscal year shall remain in the fund and shall not revert to the general fund or any other fund.

(b) As used in this section, "agrivoltaics" means one or more solar energy generation facilities colocated on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other production of agricultural commodities for sale in the retail or wholesale market.

(1.5) Repealed.

(2) (a) The board, upon application, may:

(I) Issue certificates of guaranty covering a first loss guarantee up to, but not more than, twenty-five percent of the loan on a declining principal basis for loans to eligible borrowers, executing a note or other evidence of a loan made for the purpose of a loan made pursuant to this part 2, but not to exceed the amount of two hundred fifty thousand dollars for any eligible borrower; and

(II) Pay from the fund to an eligible lender up to twenty-five percent of the amount, on a declining principal basis, of any loss on any guaranteed loan made pursuant to the provisions of this article in the event of default on the loan. Upon payment on the guarantee, the board shall be subrogated to all the rights of the eligible lender.

(b) The board shall charge for each loan made pursuant to this part 2 a one-time participation fee of one percent of the loan amount, which shall be collected by the eligible lender at the time of closing and paid to the board. In addition, the board may charge a special loan guarantee fee of up to one percent per annum of the outstanding principal, which fee shall be collected from the eligible borrower by the eligible lender and paid to the board. Moneys collected shall be deposited in the agriculture value-added cash fund.

(c) Moneys paid to satisfy a defaulted loan made pursuant to this part 2 shall only be paid out of the agriculture value-added cash fund.

(d) The total outstanding loans made pursuant to this part 2 shall at no time exceed an amount which, according to sound actuarial judgment, would allow immediate redemption of at least forty percent of the outstanding loans guaranteed by the fund at any one time.

(e) The board may make financial arrangements for an eligible business to purchase an existing, established development facility.

(f) The department shall, as part of the administration of the agriculture value-added development fund program created in this part 2, establish market promotion activities and may apply to the board to support such activities through disbursements from the fund.

(3) In any given year, at least ten percent of the funds granted to rural agricultural projects and project concepts shall be awarded in response to grant requests of fifty thousand dollars or less. No single rural agricultural project or project concept shall receive more than two hundred thousand dollars in grant awards from the board.

(4) Repealed.
C.R.S. § 35-57-104 — CO Code / Title 35 / Article 57 / Section 35-57-104
35-57-104. Colorado beef council authority - creation
Status: in_force

35-57-104. Colorado beef council authority - creation. (1) There is hereby created the Colorado beef council authority, which shall be a body corporate and a political subdivision of the state. The authority shall not be an agency of state government, nor shall it be subject to administrative direction by any state agency except:

(a) As provided in this article;

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

(c) For purposes of inclusion in the risk management fund and the self-insured property fund and by the department of personnel pursuant to part 15 of article 30 of title 24, C.R.S.
C.R.S. § 35-5-125 — CO Code / Title 35 / Article 5 / Section 35-5-125
35-5-125. Cooperation between districts
Status: in_force

35-5-125. Cooperation between districts. (1) When pests may be more economically, completely, or satisfactorily managed, two or more boards of county commissioners may contract with one another to manage and control pests, including, but not limited to, sharing costs and employees. A board of county commissioners shall not contract to share resources, including costs or employees, with another such board unless both boards and both district advisory committees of such boards authorize such sharing.

(2) A contract created pursuant to subsection (1) of this section shall be in writing and contain the purposes, rights, powers, responsibilities, and financial obligations of each contracting county.

(3) If other law has requirements applicable to special types of intergovernmental contracts or cooperative agreements, such law shall control.
C.R.S. § 35-25-111 — CO Code / Title 35 / Article 25 / Section 35-25-111
35-25-111. Penalties
Status: in_force

35-25-111. Penalties. In addition to civil penalties that may be imposed pursuant to section 35-25-103 (5), any person violating any provision of this article 25 commits a civil infraction and, for any offense thereafter, is guilty of a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 35-10-124 — CO Code / Title 35 / Article 10 / Section 35-10-124
35-10-124. Information - use and handling of pesticides - enforcement action - credentialin
Status: in_force

35-10-124. Information - use and handling of pesticides - enforcement action - credentialing information - definition. (1) The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to the use and handling of pesticides and conduct workshops for the purpose of informing the pesticide applicators of new developments in the field of pesticides.

(2) The commissioner shall provide internet access to finalized enforcement action information to the general public consisting of, at a minimum, the name of the violator, date of the action, city or county in which the violation occurred, nearest major intersection of roads to where the violation occurred, and final enforcement disposition. The commissioner shall publish the information in a form and manner designated by the commissioner within thirty days after the final disposition.

(3) (a) The commissioner shall:

(I) Publish and periodically update information on the department's website informing consumers about which pesticide applicators are credentialed in compliance with this article 10; and

(II) Provide the credentialing information specified in subsection (3)(a)(I) of this section in a manner that members of the public may easily access and search on the website.

(b) As used in this subsection (3), "credentialed" means having a valid license or registration issued pursuant to this article 10.
C.R.S. § 35-27-115 — CO Code / Title 35 / Article 27 / Section 35-27-115
35-27-115. Inspections - access - investigations - subpoena
Status: in_force

35-27-115. Inspections - access - investigations - subpoena. (1) The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make an investigation necessary to determine compliance with this article or to investigate a complaint for arbitration.

(2) (a) For inspection purposes pursuant to subsection (1) of this section, the commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to:

(I) Enter any building, yard, warehouse, or storage facilities in which seed or any other related material is kept, used, stored, handled, conditioned, disposed of, or transported; and

(II) Inspect any records required to be kept pursuant to this article.

(b) The commissioner is authorized to make copies of any record inspected pursuant to subparagraph (II) of paragraph (a) of this subsection (2).

(3) (a) The commissioner has full authority to administer oaths, take statements, issue subpoenas to compel the appearance of witnesses before the commissioner, issue subpoenas duces tecum for the production of any books, memoranda, papers, or other documents, articles, or instruments, and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.

(b) Upon failure or refusal of any person to obey any subpoena issued pursuant to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.

(c) Failure to obey an order of the court entered pursuant to paragraph (b) of this subsection (3) is contempt of court.

(4) Complaints of record made to the commissioner and the results of the commissioner's investigations shall be closed to public inspection, except to the person in interest as defined in section 24-72-202 (4), C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.
C.R.S. § 35-31-103 — CO Code / Title 35 / Article 31 / Part 1 / Section 35-31-103
35-31-103. Evidence
Status: in_force

35-31-103. Evidence. Evidence of the voluntary destruction or of the destruction, if unexplained, of any of the food products or articles mentioned in section 35-31-101, or of the voluntary and willful permitting of the same to decay, or of the taking, sending, or causing of the same to be transported out of this state to be destroyed or permitted to decay shall be prima facie proof of the violation of this part 1.
C.R.S. § 35-5-116 — CO Code / Title 35 / Article 5 / Section 35-5-116
35-5-116. Major grasshopper and range caterpillar infestations
Status: in_force

35-5-116. Major grasshopper and range caterpillar infestations. Authority is hereby granted the governor of the state of Colorado to declare a major grasshopper or range caterpillar infestation and to declare an emergency resulting from said major infestation. Upon said declaration, funds from the governor's agricultural emergency and disaster fund shall be made available for grasshopper or range caterpillar control.
C.R.S. § 35-57.9-103 — CO Code / Title 35 / Article 57.9 / Section 35-57.9-103
35-57.9-103. Authority of commissioner to deny access to information - redaction - exceptions
Status: in_force

35-57.9-103. Authority of commissioner to deny access to information - redaction - exceptions. (1) The commissioner may deny access to personal information about persons involved with the livestock industry if the commissioner reasonably believes dissemination of such information will cause harm to such persons.

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

(a) Specific operational details of livestock operations that constitute confidential commercial data pursuant to section 24-72-204, C.R.S. Such operational details include ownership, numbers, locations, and movements of livestock; financial information; the purchase and sale of livestock; account numbers or unique identifiers issued by government or private entities; operational protocols; and participation in an all-hazards security system.

(b) Information related to livestock disease or injury:

(I) That would identify a person or location; or

(II) That contains confidential data pursuant to the veterinary-patient-client privilege described in section 24-72-204 (3)(a)(XIV), C.R.S.;

(c) Records of ongoing investigations that pertain to livestock; however, such records shall 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 title that pertains to livestock.

(3) If the commissioner denies access to information pursuant to paragraph (a) or (b) of subsection (2) of this section, the commissioner shall redact the confidential information and make the remaining portions of such record available for disclosure. If the commissioner is unable to redact the record within the time limits established in section 24-72-203 (3), C.R.S., such time limits shall be waived and the commissioner shall redact the information and provide the redacted record as soon as is practicable.

(4) Nothing in this article shall be construed to authorize the commissioner to obtain information not otherwise permitted by law.

(5) Nothing in this article shall:

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

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

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

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

(6) When disclosing information pursuant to subsection (5) of this section, the commissioner shall release only as much information as is necessary to address the situation.
C.R.S. § 35-23.5-104 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-104
35-23.5-104. Commissioner to develop rules
Status: in_force

35-23.5-104. Commissioner to develop rules. The commissioner shall develop reasonable rules concerning the voluntary inspection of apples stored pursuant to this article and the controlled atmosphere storage of apples, including, among other factors, the following: Storage facility regulations; record keeping and reports; length of storage time, including the maximum time allowed to reach prescribed atmospheric conditions of temperature, oxygen, and carbon dioxide; quality regulations; and labeling and marketing.
C.R.S. § 35-61-109 — CO Code / Title 35 / Article 61 / Section 35-61-109
35-61-109. Repeal of article
Status: repealed

35-61-109. Repeal of article. (Repealed)
C.R.S. § 35-38-106 — CO Code / Title 35 / Article 38 / Section 35-38-106
35-38-106. Cancellation of contract - repurchase of inventory
Status: in_force

35-38-106. Cancellation of contract - repurchase of inventory. (1) If a dealer agreement is canceled or not renewed by either party or by mutual consent, the supplier shall repurchase the dealer's remaining inventory and any specific data processing hardware and software that the supplier required the dealer to purchase, including computer systems equipment the supplier required for communications purposes. The supplier shall repurchase such equipment at its fair market value.

(2) (a) The supplier shall repurchase specialized repair tools purchased by the dealer pursuant to the supplier's requirements. Such specialized repair tools must be unique to the supplier product line and in complete and usable condition.

(b) The supplier shall repurchase specialized repair tools at a price equal to seventy-five percent of the total invoice amount charged by the supplier to the dealer.

(3) The supplier shall pay the dealer one hundred percent of the net cost of all new, unsold, undamaged, and complete equipment that is resalable. The supplier may deduct a reasonable allowance for depreciation due to the dealer's usage and deterioration caused by weather conditions at the dealer's location. The supplier may also deduct all programs and discounts it previously allowed.

(4) (a) The supplier shall pay the dealer ninety-five percent of the current net price of all new, unused, and undamaged repair parts and accessories that are listed in the supplier's effective price list or catalog.

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

(5) (a) The supplier shall pay the dealer five percent of the current net price on all new, unused, and undamaged repair parts that the dealer returns to cover the cost of handling, packing, and loading.

(b) The supplier may perform the handling, packing, and loading itself instead of paying the five percent handling fee pursuant to paragraph (a) of this subsection (5). The dealer shall make available to the supplier all equipment previously purchased by the dealer. The dealer shall make such equipment available at the dealer's place of business or at those places where the equipment is located.

(6) This section does not require a supplier to repurchase any of the following:

(a) A repair part that has a limited storage life or that is subject to deterioration;

(b) A single repair part that is priced as a set of two or more items;

(c) A repair part that, because of its condition is not resalable as a new part without being repaired or reconditioned;

(d) Inventory for which the equipment dealer is unable to furnish evidence, to the supplier's satisfaction, of good title that is free and clear of all claims, liens, and encumbrances;

(e) Inventory that the dealer wants to keep, including lease or rental equipment if the dealer has a contractual right to do so;

(f) Equipment that is not in new, unused, undamaged, and complete condition;

(g) (I) Equipment that has been used by the dealer or has deteriorated because of weather conditions at the dealer's location unless the supplier receives an allowance for this usage or deterioration.

(II) For purposes of this paragraph (g), previously unsold demonstrated equipment that has less than fifty hours of use and that is equipped with an hour meter is new equipment.

(h) Repair parts that are not in new, unused, and undamaged condition;

(i) Inventory that the dealer ordered on or after the date the dealer received the notification of the supplier's termination of the dealer agreement; or

(j) Inventory that the dealer acquired from any source other than the supplier or the supplier's successor in interest.

(7) If a supplier fails or refuses to repurchase inventory as required by this section, the supplier shall be liable for:

(a) One hundred ten percent of the current net price of the inventory;

(b) Any freight charges paid by the dealer;

(c) Interest at the statutory rate from the date of shipment to the supplier; and

(d) Five percent of the inventory's current net price to cover handling, packing, and loading.
C.R.S. § 35-65-310 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-310
35-65-310. Colorado state fair authority board - bonds
Status: in_force

35-65-310. Colorado state fair authority board - bonds. On June 30, 1997, any bonds issued pursuant to this part 3 shall become an obligation of the Colorado state fair authority to the same extent that they were an obligation of the board of commissioners of the Colorado state fair authority before said date.
C.R.S. § 35-9-125 — CO Code / Title 35 / Article 9 / Section 35-9-125
35-9-125. Criminal penalties
Status: repealed

35-9-125. Criminal penalties. (1) No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(e), (1)(f), (1)(j), (1)(k), or (2)(c).

(2) Any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g) or 35-9-123 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(3) Any person who violates section 35-9-120 (1)(g), (2)(d), (2)(e), or (2)(f) commits a petty offense and shall be punished as provided in section 18-1.3-503.

(4) Repealed.
C.R.S. § 35-65-301 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-301
35-65-301. Board may issue revenue bonds
Status: in_force

35-65-301. Board may issue revenue bonds. (1) The board may authorize and issue revenue bonds to finance additional facilities for the board and the Colorado state fair and industrial exposition.

(2) Such revenue bonds shall be authorized and issued only by resolution of the board, which resolution shall conform to the requirements of section 35-65-302. Such bonds may be issued only after approval by both houses of the general assembly either acting by bill or joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution.

(3) All bonds issued pursuant to the terms of this part 3 shall provide that:

(a) No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power;

(b) The bond does not constitute a debt of the state and is payable from the net revenues from the operation of the additional facilities acquired or provided pursuant to this part 3 and from contributions by nonstate sources for such additional facilities.
C.R.S. § 35-29-101 — CO Code / Title 35 / Article 29 / Section 35-29-101
35-29-101. Legislative declaration
Status: in_force

35-29-101. Legislative declaration. The purposes of this article are to provide a means whereby the general public purchasing certain Colorado agricultural products may be assured of the quality and grade of such products; to assure Colorado producers a better return from the sale of higher quality products; to establish a method of labeling and identification of such Colorado products so that purchasers may easily recognize them; to set up standards for quality, condition, packaging, and distribution of Colorado agricultural products so that the highest quality will be maintained until the product reaches the consumer; and to extend in every practicable way the production and sale of higher quality Colorado-produced agricultural products.
C.R.S. § 35-7-102 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-102
35-7-102. Agreement with the federal government
Status: in_force

35-7-102. Agreement with the federal government. To the end that the situation may be speedily remedied, it is the duty of the department of agriculture, referred to in this part 1 as the "department", to enter into written agreements on behalf of the state with the federal agency in charge of rodent control matters, referred to in this article as the "federal agency", such agreements to define such procedure, in accordance with the provisions of this part 1, as they deem advisable and proper for the purpose of cooperating with the federal agency in the control and eradication within this state of the rodent pests mentioned in section 35-7-101.
C.R.S. § 35-33-103 — CO Code / Title 35 / Article 33 / Part 1 / Section 35-33-103
35-33-103. Definitions
Status: in_force

35-33-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Adulterated" has the meaning set forth in section 25-5-410, C.R.S.

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

(3) "Commissioner" means the commissioner of agriculture or his or her authorized agent.

(4) "Custom processing" means the slaughter or processing, for a fee or other compensation, of meat or meat products of an animal not owned by the person performing the slaughter or processing and not intended for sale by the owner of the animal.

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

(6) "Food" means all articles used for food, drink, confectionery, or condiment by humans, whether simple, mixed, or compound, and any substance used as a constituent in the manufacture thereof.

(7) "Inedible meat" means meat or meat products derived from dead, dying, disabled, diseased, or condemned animals or from animals whose meat or meat products are otherwise unsuitable for human consumption. "Inedible meat" includes meat or meat products, regardless of origin, that have deteriorated so far as to be unfit for human consumption.

(8) "Meat or meat products" means carcasses or parts of carcasses derived from any animals used for food. "Meat or meat products" includes poultry.

(8.5) "Poultry" means any domesticated bird, including chickens, turkeys, ducks, geese, guineas, or squabs, whether live or dead.

(9) "Premises" means the back, front, and side yard of property occupied by a processing facility; docks and areas where vehicles are loaded or unloaded; driveways, approaches, pens, and alleys; and buildings or portions of buildings that are part of any facility even though not used for processing.

(10) "Processing" means the slaughtering, dressing, cutting, preparing, trimming, wrapping, or packaging of an animal or of meat or meat products from an animal.

(11) "Processing facility" means any establishment where meat is slaughtered, dressed, processed, cut, trimmed, wrapped, or packaged for delivery to consumers.

(12) "Sharp freezing facility" means a facility capable of maintaining a temperature of ten degrees below zero Fahrenheit or lower on still air or contact or a temperature of zero degrees Fahrenheit or lower by forced air circulation, within a tolerance of five degrees Fahrenheit for a minimum of twelve hours after fresh food is put in such facility for freezing.

(13) "Sharp frozen" means the process of refrigeration sufficient to reduce every portion of any meat or meat product to a temperature of zero degrees Fahrenheit or less in five hours or less.

(14) "Slaughter" means any process, or the use of any process, including without limitation the process of bleeding, that causes the death of any animal intended for food.

(15) "Uninspected", in reference to any animal, meat, or meat product, means not inspected and passed by the United States department of agriculture or another authorized government agency.
C.R.S. § 35-57.5-109 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-109
35-57.5-109. Removal of member or alternate
Status: in_force

35-57.5-109. Removal of member or alternate. (1) The commissioner may remove any member or alternate of the board for inefficiency, neglect of duty, or misconduct in office. Such member or alternate shall be entitled to a public hearing before the board with the commissioner presiding, after service upon the member or alternate ten days before the hearing of a copy of the charges against the member or alternate together with a notice of the time and place of the hearing. At the hearing, the member or alternate shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer the charges and explain the facts alleged.

(2) In every case of removal, the commissioner shall file in the office of the secretary of state a complete statement of all charges against the member or alternate and the commissioner's findings thereon, together with a record of the entire proceedings had in connection therewith.
C.R.S. § 35-27.5-104 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-104
35-27.5-104. Delegation of duties - cooperative agreements
Status: in_force

35-27.5-104. Delegation of duties - cooperative agreements. (1) (a) The commissioner may delegate any powers vested in the commissioner pursuant to this article to qualified employees of the department who are designated as qualified employees pursuant to standards adopted in accordance with section 35-27.5-103.

(b) The commissioner may delegate any powers vested in the commissioner pursuant to this article that are related to the duties of authorized inspectors to persons who are designated as authorized inspectors pursuant to standards adopted in accordance with section 35-27.5-103.

(2) The commissioner may enter into cooperative agreements with Colorado state university for the purpose of training authorized employees and qualified inspectors in the identification of those plants designated as noxious weeds by the commissioner pursuant to section 35-27.5-103.

(3) For purposes of carrying out the provisions of this article and subject to any other law of this state, the commissioner may accept grants-in-aid from any agency of the federal government and may cooperate and enter into agreements with any federal agency, any agency of any other state, and any agency of this state or its political subdivisions.
C.R.S. § 35-66-102 — CO Code / Title 35 / Article 66 / Section 35-66-102
35-66-102. Wild horse project - creation - director selection - operation - repeal
Status: in_force

35-66-102. Wild horse project - creation - director selection - operation - repeal. (1) The department may create the wild horse project, which, if created, is a state-owned nonprofit entity that manages and operates the stewardship program and the fertility control program.

(2) (a) A hiring committee is established to hire the director for the wild horse project. The hiring committee consists of five members:

(I) The governor or the governor's designee, who is chair of the hiring committee;

(II) The commissioner or the commissioner's designee;

(III) The executive director of the department of natural resources or the executive director's designee;

(IV) The majority leader of the house of representatives or the majority leader's designee; and

(V) The minority leader of the senate or the minority leader's designee.

(b) The hiring committee created in this subsection (2) shall hire the director of the wild horse project on or before August 1, 2023, and within one hundred twenty days after a director resigns, otherwise leaves office, or is no longer able to perform the duties of director. The governor may appoint an interim director until the director is hired.

(c) The director serves at the pleasure of the hiring committee.

(3) To implement this article 66, the wild horse project may:

(a) Make proposals to implement this article 66 to the bureau, commissioner, and department;

(b) Enter into contracts and memoranda of understanding;

(c) Adopt and use a seal or logo;

(d) Buy, sell, acquire, lease, and own real and personal property;

(e) Exercise any legal authority or seek legal remedies necessary to implement this article 66;

(f) Hire staff; and

(g) Take any other action reasonably related to implementing this article 66.
C.R.S. § 35-21-101 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-101
35-21-101. Definitions
Status: repealed

35-21-101. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Candling" means examining the interior of an egg by use of transmitted light sufficient to view the interior of the egg.

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

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

(4) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 224, § 7, effective July 1, 2009.)

(5) "Consumer" means any person who buys eggs for household consumption and not for resale.

(6) "Dealer" means any person who is engaged in selling poultry eggs or other eggs.

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

(8) "Edible eggs" means eggs which are free from mold, blood ring, blood spot, bloody whites, filth, stuck yolk, black rot, white rot, mixed rot, or any other inedible quality as defined by the United States department of agriculture.

(9) (Deleted by amendment, L. 95, p. 699, § 15, effective May 23, 1995.)

(10) and (11) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 224, § 7, effective July 1, 2009.)

(12) Repealed.

(13) "Manufacturer" means any person engaged in the business of manufacturing or preparing any product intended for sale for human consumption in which eggs in any form or part are used.

(13.5) "Other eggs" means the eggs with a shell of any avian species, as designated by the commissioner by rule, other than the domesticated chicken.

(14) "Person" means a person, partnership, association, or corporation.

(15) "Poultry eggs", "shell eggs", or "eggs" means shell eggs of the domesticated chicken.

(16) "Producer" means any person engaged in producing poultry eggs or other eggs in this state.

(17) "Restaurant" means any person engaged in the business of catering or furnishing meals to the public.

(18) and (19) Repealed.

(20) Where applicable, the singular includes the plural; the plural, the singular; and the masculine, the feminine.
C.R.S. § 35-11.5-110 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-110
35-11.5-110. Administration and enforcement
Status: repealed

35-11.5-110. Administration and enforcement. (Repealed)
C.R.S. § 35-10-120 — CO Code / Title 35 / Article 10 / Section 35-10-120
35-10-120. Enforcement
Status: in_force

35-10-120. Enforcement. (1) The commissioner or his designee 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 a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions 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 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 sufficient evidence satisfactory to him indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
C.R.S. § 35-4-111 — CO Code / Title 35 / Article 4 / Section 35-4-111
35-4-111. Inspections - certificates - remedial measures
Status: in_force

35-4-111. Inspections - certificates - remedial measures. (1) Should any owner or bailee request an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection and shall charge the owner or bailee adequate fees to cover the cost of such inspections and certificates. The commissioner has authority to impound and prohibit movement, sale, or disposal of such crops, plant material, or other articles until such fees are paid. The release of such crops, plant material, or other articles shall also be dependent on meeting all inspection requirements.

(2) The commissioner may conduct inspections and issue phytosanitary and export certificates on plants for individual shipment to other states or foreign countries if those plants comply with the requirements or regulations of such state or foreign country. The commissioner may collect inspection and certification fees, in an amount established by the agricultural commission, to cover the direct and indirect costs of providing such services. All fees collected pursuant to this section 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 phytosanitary inspection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(3) The commission may enter into compliance agreements with producers and distributors of nursery stock, agricultural crops, and other plant materials for the purpose of certifying such plant materials as pest-free for export certification. At any time after entering into such an agreement, if the commissioner has reason to believe that the producer or distributor of the plant material that is the subject of the agreement has failed to comply with all of the terms of the agreement, the commissioner may terminate the agreement by giving the producer or distributor written notice of such termination and the grounds therefor.
C.R.S. § 35-43-210 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-210
35-43-210. Inspection of hide
Status: in_force

35-43-210. Inspection of hide. The sheriff or deputy sheriff of any county in this state and any regular or special brand inspector appointed by the board are hereby authorized and empowered to require any person who kills for his or her own use and consumption any livestock to produce for inspection the hide of any such livestock that has been killed within thirty days unless the livestock has been inspected and tagged prior to such demand for inspection. In the absence of the owner or proper corporate officer, the person in charge of the premises where the meat then is shall produce the hide for inspection upon demand.
C.R.S. § 35-73-103 — CO Code / Title 35 / Article 73 / Section 35-73-103
35-73-103. Colorado soil health program - created - purposes
Status: in_force

35-73-103. Colorado soil health program - created - purposes. The Colorado soil health program is hereby established in the department to encourage widespread adoption of soil health practices by agricultural producers, promote environmental benefits, and advance the understanding of the environmental and economic benefits of soil health practices.
C.R.S. § 35-65-101 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-101
35-65-101. Exhibits by counties - agent
Status: in_force

35-65-101. Exhibits by counties - agent. For the purpose of promoting and encouraging the organization of agricultural and mechanical fair associations in the state of Colorado, the board of county commissioners of any county in this state, for the purpose of aiding its county in making a display of the agricultural, mineral, and livestock growth and products of its county at the Colorado state fair and industrial exposition held at Pueblo or at any district fair held in any district in this state, may appropriate a sum not exceeding five hundred dollars out of the county treasury for the purpose of having its county suitably represented and may appoint a suitable person as agent to take charge of the county exhibit and represent said county at the Colorado state fair and industrial exposition.
C.R.S. § 35-10-102 — CO Code / Title 35 / Article 10 / Section 35-10-102
35-10-102. Legislative declaration
Status: in_force

35-10-102. Legislative declaration. The general assembly hereby finds and declares that pesticides perform a valuable function in controlling insects, rodents, weeds, and other forms of life which may be injurious to crops, livestock, and other desirable forms of plant and animal life, to structures, and to individuals. The general assembly further finds and declares that pesticides contain toxic substances which may pose a serious risk to the public health and safety and that regulation of pesticide use is necessary to prevent adverse effects on individuals and the environment.
C.R.S. § 35-40-113 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-113
35-40-113. Permit system for poisoning of predators
Status: in_force

35-40-113. Permit system for poisoning of predators. The commissioner, after hearing and after consideration of both the needs and concerns involved, shall adopt a permit system incorporating the policies and procedures developed by the commissioner in cooperation with the division of parks and wildlife, pursuant to which annual permits shall be issued for the use of poisons by livestock operators, owners, or their authorized agents, for the control of predatory animals on lands owned or leased by them from private parties, if the point of use is at least two hundred yards from the nearest property line or public right-of-way. Such permit system shall, as practicably and reasonably as possible, provide a balance between the need to control predators and the need for protection for human beings and other forms of life. Such permit system shall specify the type of information to be set forth in the application, including the substance or device to be used, the quantity thereof, and identification of the property where the use is desired. The permit shall similarly set forth such information and shall also set forth such instructions, conditions, and restrictions as may be appropriate in the circumstances, including posting of public notice that poisons are in use.
C.R.S. § 35-57.9-102 — CO Code / Title 35 / Article 57.9 / Section 35-57.9-102
35-57.9-102. Definitions
Status: in_force

35-57.9-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "All-hazards security system" means a comprehensive data management system administered by the department in order to prevent, detect, respond to, mitigate, and manage the recovery of any livestock health and safety issues including, but not limited to, outbreaks of disease and injury sustained as a result of natural disasters. The system may compile and use data from sources including, but not limited to, the United States department of agriculture, geographic information systems and spatial modeling, the United States department of homeland security, the state board of stock inspection commissioners, the state veterinarian, the livestock industry, and laboratory tests performed by the department or external entities.

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

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

(4) "Livestock" means cattle, sheep, goats, bison, swine, mules, poultry, horses, donkeys, alternative livestock as defined in section 35-41.5-102, and all other bovine, camelid, caprine, equine, ovine, avian, and porcine animals raised or kept for profit.

(5) "Person in interest" has the meaning set forth in section 24-72-202, C.R.S.
C.R.S. § 35-53-105 — CO Code / Title 35 / Article 53 / Section 35-53-105
35-53-105. Inspection before shipment - place
Status: in_force

35-53-105. Inspection before shipment - place. (1) Whenever any cattle, horses, or mules are to be transported from any point within this state to any point within or without this state, it is the duty of the transportation company and the person selling and delivering cattle, horses, or mules to other persons for transportation to make application to the state board of stock inspection commissioners or some duly authorized brand inspector of the board to inspect the brands and earmarks of any such cattle, horses, or mules, stating in the application the time when and the place where the animals will be ready for inspection, giving sufficient notice for the inspector to appear at the place designated in such application, and to provide adequate corrals to inspect such cattle, horses, or mules in daylight. It is the duty of such inspector, or some other inspector to be designated by the board, to appear at the place designated in such application and inspect such cattle, horses, or mules, make the necessary record, and give the necessary certificate required by the provisions of this article.

(2) Whenever any cattle, horses, or mules are to be driven from any point within this state to any point within or without this state, it is the duty of the owner or person in charge of such animals to make application to the state board of stock inspection commissioners or some duly authorized inspector of the board to have the same inspected.

(3) In all cases of cattle, horses, or mules transported by rail, the place of inspection shall be at some stockyard at the proposed point of shipment of such animals. All cattle, horses, or mules to be transported by truck or by similar conveyance within this state or beyond its boundaries shall be inspected at the point of origin or some convenient unloading point en route designated by the state board of stock inspection commissioners or one of its inspectors before being transported from the state or within the state. Cattle, horses, or mules to be driven beyond the boundaries of the state shall be inspected not less than three miles from the state line or at some convenient point designated by the state board of stock inspection commissioners or by one of its duly authorized brand inspectors before being driven from the state.

(4) This section shall not apply to:

(a) Unbranded registered purebred horses leaving a Colorado licensed race track that are accompanied by a bill of lading or statement showing the point of loading and the destination;

(b) and (c) (Deleted by amendment, L. 92, p. 161, § 1, effective April 2, 1992.)

(d) Cattle, horses, or mules being driven or transported by truck to a Colorado licensed public livestock market within the state, where Colorado brand inspection is maintained, that are accompanied by a shipper's certificate and agreement, signed by the owner or person in charge and showing the point of origin, the point of destination, and the brands on such cattle, horses, or mules being transported;

(e) Cattle being transported by truck to a Colorado licensed packing house where all of the cattle slaughtered are inspected by a Colorado brand inspector immediately prior to slaughter, accompanied by a shipper's certificate and agreement, signed by the owner, showing the point of origin, the point of destination, and the brands on such cattle being transported;

(f) Cattle, horses, or mules being driven or transported within the boundaries of the state between established ranges, pastures, and properties owned, leased, or under the control of the owner of such livestock, so long as such livestock are not being driven or transported more than seventy-five miles from the point of origin and are not changing ownership. If such livestock are being driven or transported by road, the shortest passable road route shall be used. All such cattle, horses, or mules being transported and excepted by this paragraph (f) shall be accompanied by a statement, signed by the owner or person in charge, showing the point of origin and the destination and the brands on such cattle, horses, or mules being transported.

(g) Any registered purebred beef or dairy cattle being transported to or from the national western stock show or the Colorado state fair, if such beef or dairy cattle are accompanied by registration papers identifying the legal owner;

(h) (Deleted by amendment, L. 92, p. 161, § 1, effective April 2, 1992.)

(i) Any cattle, horses, or mules which are used in rodeo competition within the state of Colorado and which are branded with the owner's state-recorded ownership brand, together with a contest number identification brand, when being transported between rodeos within the state of Colorado, but only if the same have first been inspected by an authorized brand inspector and the fees therefor paid at the beginning of the rodeo season before the cattle, horses, or mules have been moved from the owner's headquarters unless circumstances arise which will justify an inspection for brands by an authorized Colorado brand inspector. Inspection by an authorized brand inspector and collection of the brand inspection fee shall be required prior to any change of ownership or other disposal of such cattle, horses, or mules. In addition, any cattle, horses, or mules purchased for use in rodeo competition shall be inspected by a Colorado brand inspector and a Colorado brand certificate issued before any such livestock is branded with the rodeo stock owner's state-recorded ownership brand. The exemption granted by this paragraph (i) shall not apply to any cattle, horses, or mules used in rodeo competition for which the requirements of this paragraph (i) have not been met.

(5) Nothing in this section shall be construed to prevent an authorized Colorado brand inspector from investigating and inspecting any cattle, horses, or mules being driven or transported in this state to determine if the requirements of this section have been met. If no violations have occurred, no official inspection shall be deemed to have been made nor shall any brand inspection fee be charged. If any violation is found, the brand inspector may require an official inspection of such livestock and collect the fee therefor, or may seek prosecution of the offender pursuant to section 35-53-112, or both.
C.R.S. § 35-11-114 — CO Code / Title 35 / Article 11 / Section 35-11-114
35-11-114. Chemigation program management fund - transfer of moneys to plant health, pest c
Status: in_force

35-11-114. Chemigation program management fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the chemigation program management 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. 317, § 8, effective July 1, 2009.)
C.R.S. § 35-14-121 — CO Code / Title 35 / Article 14 / Section 35-14-121
35-14-121. Weigher - qualification - certification - revocation
Status: in_force

35-14-121. Weigher - qualification - certification - revocation. [See editor's note following this section] (1) A person who has sufficiently good moral character to carry on the business stated in the application, subject to section 24-5-101, C.R.S., who has the ability to weigh accurately, make correct weight certificates, and who has received from the commissioner a certificate of certified weigher may use the title of and shall be authorized to act as a certified weigher.

(2) An application for a certificate of certified weigher shall be made upon a form provided by the commissioner. The application shall include evidence that the applicant has the qualifications required by subsection (1) of this section.

(3) The commissioner may adopt rules for determining the qualifications of the applicant for a license as a certified weigher. For the purpose of determining qualifications of the applicant, the commissioner may approve the qualifications of the applicant upon the basis of the information supplied in the application or he may examine such applicant orally or in writing or both. He shall grant certificates of certified weigher to such applicants as may be found to possess the qualifications required by subsection (1) of this section. The commissioner shall keep a record of all such applicants and of all certificates issued.

(4) The commissioner may, upon request and without charge, issue a limited certification as a certified weigher to any qualified officer or employee of a municipality or county of this state or of a state commission, board, institution, or agency authorizing such officer or employee to act as a certified weigher only within the scope of his official employment.

(5) All certificates of certified weighers in existence as of June 30, 2009, shall expire five years after issuance. All certificates issued on or after July 1, 2009, shall expire on the date specified by the commissioner by rule. A certified weigher who fails to renew a certificate on or before the expiration date of the certificate shall pay a late fee, as established by the commission, in addition to the certificate fee. Renewal applications shall be in such form as the commissioner shall prescribe.

(6) The following persons shall be permitted, but shall not be required, to obtain certification as certified weigher:

(a) A weights and measures officer when acting within the scope of his official duties;

(b) A person weighing property, produce, commodities, or articles that he or his employer, if any, is buying or selling; and

(c) A person weighing property, produce, commodities, or articles in conformity with the requirements of federal law or the laws of this state relative to warehousemen or processors.

(7) The commissioner, in accordance with section 24-4-104, C.R.S., may suspend, deny, revoke, restrict, place on probation, or refuse to renew the certificate of any certified weigher or applicant for such certificate if such certified weigher or applicant has been convicted in any court of competent jurisdiction of violating any provision of this article or if the commissioner is satisfied that the person has violated any provision of this article.
C.R.S. § 35-27.3-105 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-105
35-27.3-105. Minimum standards for planting seed potatoes - scope - qualified seed potatoes -
Status: repealed

35-27.3-105. Minimum standards for planting seed potatoes - scope - qualified seed potatoes - rules. (1) (a) Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified.

(b) Seed potatoes imported to Colorado shall meet the minimum standards for certified seed set forth in the state national harmonization program and in any active applicable quarantine.

(2) (a) A potato grower in Colorado may plant uncertified potatoes if:

(I) The potatoes were grown and stored as part of that grower's farming operations and the requirements of subsection (2)(b) of this section have been met; or

(II) The uncertified potatoes are no more than one generation from certified parent potatoes or qualified parent potatoes and the potato grower submits the uncertified potato seed stock to the certifying authority of Colorado for testing.

(b) (I) A potato grower who intends to plant uncertified potatoes pursuant to this subsection (2) must submit the uncertified potato seed stock to the certifying authority of Colorado for testing prior to planting.

(II) The certifying authority of Colorado shall approve the uncertified potato seed stock for planting if it meets the standards for such stock as established by the commissioner by rule.

(3) In any year that the commissioner, after consulting with the advisory committee, determines that there is an insufficient volume of any cultivar of certified seed potatoes and seed potatoes meeting the requirements of subsection (2) of this section, potato growers may apply to the advisory committee for permission to plant uncertified seed potatoes. Upon recommendation from the advisory committee, the commissioner may grant applying growers permission to plant uncertified Colorado-grown seed potatoes. Any such permission shall be valid for only that growing season. In no event shall any seed potatoes be planted when bacterial ring rot, late blight, or an unacceptable level of community diseases is present in the seed potatoes.

(4) Repealed.
C.R.S. § 35-65-304 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-304
35-65-304. Negotiability
Status: in_force

35-65-304. Negotiability. Notwithstanding any provisions of the law to the contrary, all bonds issued pursuant to this part 3 are negotiable.
C.R.S. § 35-80-114 — CO Code / Title 35 / Article 80 / Section 35-80-114
35-80-114. Criminal penalties
Status: in_force

35-80-114. Criminal penalties. Any person who violates the provisions of section 35-80-108 (1)(a), (1)(b), (1)(c), (1)(f), or (1)(m) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
C.R.S. § 35-9-108 — CO Code / Title 35 / Article 9 / Section 35-9-108
35-9-108. Registration - review and evaluation - criteria - state limited-use or restricte
Status: in_force

35-9-108. Registration - review and evaluation - criteria - state limited-use or restricted-use pesticide - cancellation - summary suspension. (1) The commissioner shall review the information provided with respect to each pesticide to determine if it meets the claims made for it and if the pesticide and its labeling and other materials comply with the provisions of this article and the rules and regulations adopted pursuant thereto.

(2) If the commissioner determines that the pesticide, labeling, or any other materials submitted with the application do not comply with the provisions of this article, he shall notify the applicant of the particulars in which there is a lack of compliance.

(3) The commissioner shall not register the pesticide until the applicant has made the necessary corrections or amendments as specified in the notice. The applicant may request a hearing to appeal an adverse determination pursuant to section 24-4-104, C.R.S.

(4) The commissioner shall consider the following criteria to determine if a pesticide qualifies for registration:

(a) Its composition is such as to warrant the proposed claims for it;

(b) When used in accordance with generally accepted practices, it will not cause unacceptable, adverse effects on the environment;

(c) Its labeling and any other material required to be submitted pursuant to section 35-9-107 comply with the provisions of this article and any rules and regulations adopted pursuant thereto.

(5) The commissioner, in his discretion, may, at the time of registration, designate the pesticide as a state restricted-use or limited-use pesticide and may restrict or limit the distribution or use of such pesticide. The commissioner may include in said restriction the time and conditions under which the pesticide may be distributed or used and may impose any or all of the following additional requirements:

(a) The pesticide shall be purchased, possessed, or used only under permit of the commissioner;

(b) The pesticide shall be purchased, possessed, or used only under the supervision of the commissioner; and

(c) The permittee shall maintain records as to the use of such pesticide in the form and manner the commissioner shall designate.

(6) After a pesticide is registered, the commissioner may cancel the registration of said pesticide pending notice and an opportunity for hearing if he determines that:

(a) The pesticide or its labeling or packaging does not comply with the provisions of this article or any rules or regulations adopted thereunder; or

(b) The pesticide registration has been canceled or suspended by the EPA.

(7) If the commissioner has reasonable grounds to believe and finds that the registrant has been guilty of deliberate and willful violation of use or distribution restrictions imposed pursuant to this article or that the public health, safety, or welfare imperatively requires emergency action, he may summarily suspend the registration pending proceedings for suspension or cancellation of the registration.
C.R.S. § 35-70-102 — CO Code / Title 35 / Article 70 / Section 35-70-102
35-70-102. Legislative declaration
Status: in_force

35-70-102. Legislative declaration. The general assembly finds and declares that the state of Colorado, through wind and water erosion and depletion of subsurface water resources, has lost for agricultural and livestock uses approximately six million acres, or one-tenth of the total area of the state; that these losses range from severe damage to complete destruction of the topsoils of these areas; that these losses have been caused by improper farm and range practices, by increasing the rate of withdrawal from underground water reserves without adequate attention to recharging such reserves, and by failure to conserve to the full the precious rainfall and snowpacks that could help replenish underground water reserves, and that the areas of land thus destroyed will increase until and unless a constructive method of land use providing for the conservation and preservation of natural resources, including adequate underground water reserves, the control of wind and water erosion, and the reduction of damage resulting from floods, is established by law over the entire state. It is to accomplish this purpose and to insure the health, prosperity, and welfare of the state of Colorado and its people that this article is created, and it shall be construed liberally in order that the purposes expressed in this article may be accomplished.
C.R.S. § 35-65-309 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-309
35-65-309. Board of commissioners of the Colorado state fair authority - bonds
Status: repealed

35-65-309. Board of commissioners of the Colorado state fair authority - bonds. (Repealed)
C.R.S. § 35-54-105 — CO Code / Title 35 / Article 54 / Section 35-54-105
35-54-105. Selling without bill of sale - theft
Status: in_force

35-54-105. Selling without bill of sale - theft. (1) Any person who sells or offers for sale or trades any livestock upon which such person has not his recorded mark or brand, or for which the person so offering has neither bill of sale nor power of attorney from the owner of such livestock authorizing such sale, is guilty of theft, unless such person upon trial shall establish and prove that he was at the time the actual owner of the livestock so sold or traded, or offered for sale or trade, or that he acted by the direction of one proven to be the actual owner of such livestock.

(2) In prosecutions for a violation of this section, it shall not be necessary, in order to warrant a conviction for the people, to prove motive, intent, or purpose on the part of the accused, or that the accused knew that the livestock sold or traded, or offered for sale or trade, was so sold, traded, or offered in violation of this section, but the fact of such selling, trading, or offering for sale or trade contrary to the provisions of this section, when proved, shall be sufficient to authorize a conviction, unless the accused shall by testimony explain the case made by the people in a manner consistent with good faith and an innocent purpose.
C.R.S. § 35-14-118 — CO Code / Title 35 / Article 14 / Section 35-14-118
35-14-118. Declarations on packages
Status: in_force

35-14-118. Declarations on packages. (1) Except as otherwise provided in this article, any commodity in package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

(a) The net quantity of the contents in terms of weight, measure, or count; and

(b) In the case of any package not sold on the premises where packed, the name and place of business of the manufacturer, packer, or distributor;

(c) The identity of the commodity in the manner specified by rule promulgated pursuant to this article.

(2) Under paragraph (a) of subsection (1) of this section, the commissioner, by regulation, shall establish reasonable variations or tolerances to be allowed and also exemptions as to small packages.
C.R.S. § 35-43-104 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-104
35-43-104. Brand distinctions - recording office
Status: in_force

35-43-104. Brand distinctions - recording office. No brand shall be used by more than one person, association, or corporation, nor shall any brand be recorded in this state elsewhere than in the office of the state board of stock inspection commissioners, except as provided in section 35-43-107.
C.R.S. § 35-50-113 — CO Code / Title 35 / Article 50 / Section 35-50-113
35-50-113. Condemnation of livestock
Status: in_force

35-50-113. Condemnation of livestock. (1) Whenever the state veterinarian reports to the commission that there exists an outbreak of contagious or infectious disease among livestock of this state of such a character as to endanger and imperil the livestock of the state, the commission, upon approval of the governor, may issue an order of condemnation to condemn and destroy any livestock so infected or any livestock that has been exposed to or is deemed by the commission capable of communicating such contagious or infectious disease to other livestock and to condemn and destroy any barns, sheds, corrals, pens, or other property that the commission may determine is necessary to be destroyed in order to prevent the spread of such contagion or infection. Such condemnation and destruction shall take place only when in the opinion of the commission and the governor an emergency exists and such action is justified and necessary for the safety and protection of the livestock of this state.

(2) Whenever the commission finds it necessary to condemn and destroy any animals or property within this state because of any contagious or infectious disease, the animals or property shall not be destroyed until after a fair appraisal has been made of the value of the animals or property by two appraisers, one to be appointed by the commissioner and one by the owner of the property to be destroyed. The appraisers shall each make a report to the commission under oath as to their appraisals, and the commission shall forward such appraisals to the governor with such recommendation as to the proportion of such appraisement to be considered a just bill against the state of Colorado as the commission may think right. Within ninety days after receiving the appraisals and recommendation, the governor shall determine the appropriate appraisement. If the governor fails to make a determination within ninety days after receiving the appraisals and recommendation, the commission's recommended appraisal will become the determined appraisal.

(3) Any dispute or protest regarding the appraisal shall not delay destruction of the animals or property.
C.R.S. § 35-75-118 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-118
35-75-118. Fees
Status: in_force

35-75-118. Fees. All expenses of the authority incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article, and no liability shall be incurred by the authority beyond the moneys which are provided pursuant to this article. For the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided pursuant to this article, the authority may borrow such moneys as may be required for the necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided pursuant to this article.
C.R.S. § 35-53.5-111 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-111
35-53.5-111. Enforcement - hearings
Status: in_force

35-53.5-111. Enforcement - hearings. (1) The board is authorized to administer and enforce the provisions of this article and all rules adopted pursuant thereto.

(2) The board is authorized to conduct hearings in accordance with article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the board.

(3) The board and, in the exercise of delegated authority, the brand commissioner, shall have full authority to administer oaths and take statements, issue subpoenas requiring the attendance of witnesses and the production of books, records, and other documentary evidence, and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey a subpoena, the board or the brand commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
C.R.S. § 35-10-121 — CO Code / Title 35 / Article 10 / Section 35-10-121
35-10-121. Disciplinary actions - denial of license
Status: in_force

35-10-121. Disciplinary actions - denial of license. (1) The commissioner may issue letters of admonition, impose other discipline through stipulation, or restrict, impose probation on, deny, suspend, refuse to renew, or revoke any license or registration authorized under this article if the applicant, registrant, or licensee:

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

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

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

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

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

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

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

(2.5) Proceedings under this section shall be conducted pursuant to article 4 of title 24, C.R.S.; except that section 24-4-104 (3), C.R.S., shall not apply to such proceedings in cases of deliberate or willful violation; in cases of violation of labeling directions or requirements; or in cases in which the actions or omissions of the licensee or registrant in violation of this article have caused or threatened to cause substantial danger or harm to public health and safety, to property, or to the environment, as defined by the commissioner pursuant to section 35-10-118 (2). In such cases, no revocation, suspension, limitation, or modification of a license or registration shall be lawful unless the commissioner has given the licensee or registrant notice in writing regarding any facts or conduct that may warrant such action and has afforded the licensee or registrant opportunity to submit written data, views, and arguments with respect to such facts or conduct.

(3) No licensee or registrant whose license or registration has been revoked may apply or reapply for any license or registration under this article until two years after the date of such revocation.

(4) Any person aggrieved by a final disciplinary action taken by the commissioner may appeal such action to the Colorado court of appeals in accordance with section 24-4-106 (11), C.R.S.
C.R.S. § 35-61-107 — CO Code / Title 35 / Article 61 / Section 35-61-107
35-61-107. Violations - penalties - denial of registration - application
Status: in_force

35-61-107. Violations - penalties - denial of registration - application. (1) The commissioner may deny, revoke, or suspend a registration if the applicant or registrant:

(a) Violates any provision of this article or rules adopted pursuant to this article;

(b) Engages in fraud or deception in the procurement of or attempt to procure a registration under this article or provides false information on a registration application; or

(c) Fails to comply with any lawful order of the commissioner.

(2) The commissioner may impose a civil penalty, not to exceed two thousand five hundred dollars per violation, on any person who violates this article or any rule adopted under this article.

(3) The commissioner shall not impose a penalty against a person alleged to have violated this article or a rule adopted under this article until the commissioner has notified the person of the charge and has given the person an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(4) If the commissioner is unable to collect a civil penalty or if a person fails to pay all or a portion of a civil penalty imposed pursuant to this section, the commissioner may bring an action in a court of competent jurisdiction to recover the civil penalty plus attorney fees and costs.

(5) Cannabis plants exceeding the acceptable hemp THC level must be disposed of in accordance with rules established by the commissioner.

(6) Notwithstanding any other provision of this article 61, for up to three years after the effective date of the suspension, revocation, or relinquishment of a registration, the commissioner may deny an application for registration if:

(a) The applicant or any key participant is an individual who was previously listed as participating in an entity pursuant to section 35-61-104 and that individual or entity was subjected to discipline under this article 61; or

(b) The applicant or any key participant is an entity that lists an individual as participating in the entity pursuant to section 35-61-104 and the individual was previously listed as a participating person or key participant in an entity that was subjected to discipline under this article 61.

(7) If a person's registration, including any key participant to the registration, is suspended, revoked, or voluntarily relinquished for a violation of this section, the commissioner may deny a new application for registration for that person for up to three years after the effective date of the suspension, revocation, or relinquishment.
C.R.S. § 35-53-108 — CO Code / Title 35 / Article 53 / Section 35-53-108
35-53-108. Disposition of estrays
Status: in_force

35-53-108. Disposition of estrays. The state board of stock inspection commissioners is empowered to make such reasonable rules and regulations regarding the disposition of estrays taken up by inspectors, as provided in section 35-53-107, as may seem to said board to be proper and just and for the best interests of the owners of same.
C.R.S. § 35-33-202 — CO Code / Title 35 / Article 33 / Part 2 / Section 35-33-202
35-33-202. Record-keeping requirements
Status: in_force

35-33-202. Record-keeping requirements. (1) (a) Every processor shall maintain records of each customer transaction, including, at a minimum:

(I) The date of the transaction;

(II) A description of the meat or meat products processed, including species and quantity;

(III) The name and address of the owner; and

(IV) Such other information as may be required by rule of the commissioner.

(b) The records maintained pursuant to paragraph (a) of this subsection (1) shall be kept for at least two years and made available to the commissioner on demand.

(2) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 515, § 11, effective April 16, 2009.)
C.R.S. § 35-2-101 — CO Code / Title 35 / Article 2 / Section 35-2-101
35-2-101. Information furnished - by whom
Status: in_force

35-2-101. Information furnished - by whom. The commissioner of agriculture, acting under the direction of the state agricultural commission in the collection of information necessary to the performance of his or her duties as such commissioner and subject to the provisions of section 24-1-136, C.R.S., in regard to publication of such information, is authorized to call upon the several state, county, city, town, and school district officers and officers of the several state institutions of education and penal and other state institutions, and it is the duty of all such officers to furnish, upon written or printed request of the commissioner, such information as may be required for properly setting forth the resources of the state and their development, upon blanks furnished by the commissioner. Each owner, operator, or manager of any manufacturing, mining, or other business establishment operating in this state, or other person having information necessary for carrying out the purposes of this article, upon the request of the commissioner, shall furnish the same upon blanks supplied by the commission. Except as otherwise provided by law, any agricultural statistics collected by any of the several state, county, city, town, school district, or institutional officers specified in this section shall be collected in accordance with the requirements of this article.
C.R.S. § 35-1-106.3 — CO Code / Title 35 / Article 1 / Section 35-1-106.3
35-1-106.3. Plant health, pest control, and environmental protection cash fund - creation
Status: in_force

35-1-106.3. Plant health, pest control, and environmental protection cash fund - creation. (1) There is hereby created in the state treasury the plant health, pest control, and environmental protection cash fund.

(2) All revenues collected in pursuit of the department's efforts in relation to plant health, pest control, and environmental protection shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund. The commission may establish a fee schedule to cover the direct and indirect costs of the collection and distribution of beneficial insects.

(3) The plant health, pest control, and environmental protection cash fund consists of any fees, fines, or penalties collected pursuant to articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35; any fees, fines, or penalties collected pursuant to article 8 of title 25; any fees collected under article 12 of this title 35 for the purpose of funding state waters protection activities; and all revenues collected in pursuit of the department's efforts to conduct biological pest control. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of implementing, administering, and enforcing articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35 and of article 8 of title 25; except that any appropriation for the indirect costs of issuing chemigation permits pursuant to section 35-11-106 must not exceed the amount specified in section 35-11-106 (3)(b). Any money from the fund that is allocated for biological pest control must supplement any general fund money appropriated for that purpose.

(4) All interest derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund shall be credited to the fund. At the end of each fiscal year, all unexpended and unencumbered money in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund; except that the state treasurer shall transfer any unexpended and unencumbered money that is requested by the commissioner to be transferred from the plant health, pest control, and environmental protection cash fund to the emergency invasive-pest response fund created in section 35-1-106.4.

(5) In accordance with section 24-75-402 (3)(c), C.R.S., the alternative maximum reserve for the plant health, pest control, and environmental protection cash fund is fifty percent of the amount expended from the fund during each fiscal year.
C.R.S. § 35-75-120 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-120
35-75-120. Proceeds as trust funds
Status: in_force

35-75-120. Proceeds as trust funds. All moneys received pursuant to this article, whether as proceeds from the sale of bonds, notes, or other obligations or as revenues or receipts, shall be deemed to be trust funds to be held and applied solely as provided in this article. Any officer, bank, or trust company with which such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this article, subject to such regulations as the authority and the resolution authorizing the bonds, notes, or other obligations of any issue or the trust agreement securing such obligations provides.
C.R.S. § 35-57.9-104 — CO Code / Title 35 / Article 57.9 / Section 35-57.9-104
35-57.9-104. Restrictions on information in databases
Status: in_force

35-57.9-104. Restrictions on information in databases. Any database created by the department that contains specific operational details that constitute confidential commercial data pursuant to section 24-72-204, C.R.S., shall not be merged or shared with any state, federal, or foreign government, industry partner, or other database that would modify the provisions with respect to how specific operational details that constitute confidential commercial data may be disseminated pursuant to section 35-57.9-103. Such data includes ownership, numbers, locations, and movements of livestock; financial information; the purchase and sale of livestock; account numbers or unique identifiers issued by government or private entities; operational protocols; and participation in an all-hazards security system; except that data within any all-hazards security system may be shared for response to or participation in any all-hazards event limited to the scope of each individual all-hazards event and to the scope of only those agencies directly involved in the all-hazards event. As used in this section, "all-hazards event" means the occurrence of any catastrophic event or incident that is either natural, such as a blizzard, fire, flood, tornado, earthquake, or disease outbreak, or man-made and that could be of biological, chemical, radiological, nuclear, or explosive origin.
C.R.S. § 35-53-120 — CO Code / Title 35 / Article 53 / Section 35-53-120
35-53-120. Penalty
Status: in_force

35-53-120. Penalty. Any person, whether acting in the person's own behalf or as agent, servant, officer, or employee of any firm, association, or corporation, who violates any provisions of sections 35-53-113 to 35-53-119 commits a class 2 misdemeanor.
C.R.S. § 35-11.5-111 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-111
35-11.5-111. Denial - suspension - revocation
Status: repealed

35-11.5-111. Denial - suspension - revocation. (Repealed)
C.R.S. § 35-23.5-102 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-102
35-23.5-102. Definitions
Status: in_force

35-23.5-102. Definitions. As used in this article, unless the context otherwise requires:

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

(2) "Controlled atmosphere storage" means the storage of apples under conditions which comply with the provisions of this article and the rules and regulations adopted pursuant to the provisions of this article.
C.R.S. § 35-9-117 — CO Code / Title 35 / Article 9 / Section 35-9-117
35-9-117. Dealer and refiller records and reports - rules
Status: in_force

35-9-117. Dealer and refiller records and reports - rules. (1) Licensed pesticide dealers shall keep records of designated sales in the form and manner designated by the commissioner.

(2) Such records shall be kept at the address designated on the license application or on a change report as required by section 35-9-115 (4) for a period of two years from the date of the sale of such pesticide.

(3) Licensees shall submit such additional reports as may be required by the commissioner.

(4) Refillers shall keep and maintain records in the form and manner specified by the commissioner by rule.
C.R.S. § 35-28-119 — CO Code / Title 35 / Article 28 / Section 35-28-119
35-28-119. Records - information - hearings
Status: in_force

35-28-119. Records - information - hearings. (1) The commissioner may require all processors or distributors subject to the provisions of any marketing order issued pursuant to this article to maintain books and records reflecting their operations under said marketing order, and to furnish to the commissioner or his duly authorized or designated representatives such information as may be from time to time requested by them relating to operations under said marketing order, and to permit the inspection by said commissioner, or his duly authorized or designated representatives, of such portions of such books and records as relate to operations under said marketing order.

(2) Information obtained by any person under this article shall be confidential and shall not be by him disclosed to any other person save to a person with like right to obtain the same, or any attorney employed to give legal advice thereupon, or by court order.

(3) To carry out the purposes of this article, the commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. Upon failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of court shall be punishable as a contempt of court.

(4) No person shall be excused from attending and testifying or from producing documentary evidence before the commissioner in obedience to the subpoena of the commissioner on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may be so required to testify or produce evidence, documentary or otherwise, before the commissioner in obedience to a subpoena issued by him; except that no natural person so testifying shall be exempt from prosecution and punishment for perjury in the first degree committed in so testifying.
C.R.S. § 35-73-107 — CO Code / Title 35 / Article 73 / Section 35-73-107
35-73-107. Landowner, land manager, and agricultural producer information - confidentiality
Status: in_force

35-73-107. Landowner, land manager, and agricultural producer information - confidentiality. The department shall not disclose records, including analyses and maps, compiled or maintained in accordance with this article 73 that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners, land managers, agricultural producers, or parcels of land; except that the department may disclose summary or aggregated data that do not specifically identify individual landowners, land managers, agricultural producers, or parcels of land.
C.R.S. § 35-28-113 — CO Code / Title 35 / Article 28 / Section 35-28-113
35-28-113. Budgeting and collection of fees
Status: in_force

35-28-113. Budgeting and collection of fees. (1) For the purpose of providing funds to defray necessary expenses, the board of control shall prepare a budget for the administration and operating costs and expenses, including advertising and sales promotion when same are requested in any marketing agreement or order executed under this article, which budget shall be approved by the commissioner. The collection of such necessary fees and the times and conditions of payment, in no case to exceed five percent of the gross dollar volume of such sales, or five percent of the gross dollar volume of purchases or amounts handled, distributed, or processed, shall become a part of any marketing order upon adoption as provided in this article.

(2) Every person engaged in the production, processing, distributing, or handling of any marketable agricultural product produced, sold, or marketed in this state and directly affected by any marketing order issued pursuant to this article for such commodity shall pay, or collect and pay, to the commissioner at such time and in such manner as prescribed by the order as adopted an assessment covering the budget provided by this article, which assessment shall be the percentage of the gross dollar volume or amount per unit of such sales, or percentage of the gross dollar volume of purchases or amounts handled, distributed, or processed, of any commodity affected by such marketing order, as is necessary to defray the expenses of the enforcement of this article, but in no case to exceed five percent of the gross dollar volume.

(3) Except as provided in section 35-28-113.5, whenever the board of control deems it necessary to raise the amount collected under the provisions of this section for a marketing order involving wheat, the commissioner shall ask for approval of the raise by a referendum on the question of the raise, which must be favored and approved by at least two-thirds of the producers who participate in the referendum.

(4) The fiscal year for the marketing order issued pursuant to section 35-28-106 affecting wheat shall be the period so established by the commissioner by rule and regulation after consideration of recommendations by the board of control of such order.

(5) (a) Notwithstanding any other provision of this article, if requested by a board of control affecting wheat, corn, or dry edible beans, the commissioner may amend a marketing order as described in this article to require the first handler of such commodity or product in this state to pay, or collect and pay, to the commissioner an assessment at such time and in such manner as shall be prescribed by the commissioner if the commissioner, with the approval of the governor, determines that:

(I) Wheat, corn, or dry edible beans produced in another state and shipped into this state for sale or distribution tends to prevent the effectuation of the declared policy of this article with respect to such commodity or product produced in this state; and

(II) The effectuation of the declared policy of this article would be furthered by collection of assessments on such commodity or product shipped into this state.

(b) Any assessment authorized pursuant to this subsection (5) shall be equivalent to the assessment required by the provisions of the marketing order.
C.R.S. § 35-66-104 — CO Code / Title 35 / Article 66 / Section 35-66-104
35-66-104. Wild horse project fund - legislative declaration - repeal
Status: repealed

35-66-104. Wild horse project fund - legislative declaration - repeal. (1) (a) The general assembly finds and declares that any money received under this article 66 from the federal government or from gifts, grants, or donations is custodial funds and, therefore, is not subject to appropriation.

(b) The wild horse project fund is created in the state treasury. The fund consists of gifts, grants, and donations; payments from the federal government in connection with assisting in the management of wild horses; and any other money that the general assembly may appropriate or transfer to the fund.

(2) (a) State money in the fund is continuously appropriated to the department for use by the wild horse project to implement and administer this article 66.

(b) (I) State money in the fund is continuously appropriated to the department to implement and administer section 35-1-119 and this article 66.

(II) This subsection (2)(b) will be repealed when the department creates the wild horse project. The commissioner shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection (2)(b) has occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov. This subsection (2)(b) is repealed, effective upon the date identified in the notice that the department has created the wild horse project or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.

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

(4) The wild horse project may seek and accept gifts, grants, or donations from private or public sources for the purposes of this article 66. The wild horse project shall transmit all money received as gifts, grants, or donations under this subsection (4) to the state treasurer, who shall credit the money to the fund.

(5) (a) On May 20, 2023, the state treasurer shall transfer one million five hundred thousand dollars from the general fund to the fund.

(b) This subsection (5) is repealed, effective July 1, 2025.
C.R.S. § 35-77-109 — CO Code / Title 35 / Article 77 / Section 35-77-109
35-77-109. Unlawful acts
Status: in_force

35-77-109. Unlawful acts. (1) Unless authorized by law, it is unlawful for any person to:

(a) Refuse to comply with a cease-and-desist order issued under section 35-77-108; or

(b) Make a material misstatement in a registration or to the commissioner or the department during an official investigation.

(2) It is unlawful for an employee, official of the department, or person designated by the commissioner to:

(a) Use for private advantage any information derived from reports or records submitted to the department in accordance with this article 77;

(b) Disclose any information derived from reports or records submitted to the department in accordance with this article 77; except that the information may be disclosed to:

(I) A court of this or other states; or

(II) People who are authorized to receive the information, reports, or records.
C.R.S. § 35-65-115 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-115
35-65-115. District and regional fairs
Status: in_force

35-65-115. District and regional fairs. The boards of county commissioners of the various counties, for the purpose of promoting and encouraging regional or district fairs in regions or districts of which their counties are a part, may use such portions of their county fair funds as may be agreed upon by the boards of county commissioners in the various counties in the region or district to establish, operate, and conduct regional fairs at a centrally located point in said district or region. No district or regional fair shall be held on any of the days of each year on which the Colorado state fair and industrial exposition is held.
C.R.S. § 35-1-118 — CO Code / Title 35 / Article 1 / Section 35-1-118
35-1-118. Meat processing - grant and loan application assistance - definitions - legislat
Status: repealed

35-1-118. Meat processing - grant and loan application assistance - definitions - legislative declaration - repeal. (Repealed)
C.R.S. § 35-36-101 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-101
35-36-101. Short title
Status: in_force

35-36-101. Short title. The short title of this article 36 is the "Commodity Handler and Farm Products Act".
C.R.S. § 35-4-110.5 — CO Code / Title 35 / Article 4 / Section 35-4-110.5
35-4-110.5. Declaration of quarantine emergency
Status: in_force

35-4-110.5. Declaration of quarantine emergency. (1) The commissioner shall notify the governor of the necessity for declaring a quarantine emergency if all of the following conditions are met:

(a) The commissioner has declared a quarantine pursuant to section 35-4-110 (1) or (2) or both.

(b) The commissioner has determined that the pest which is the subject of the quarantine is being or may be spread.

(c) The commissioner has determined that the pest poses a serious threat of economic harm to any segment of the agricultural or horticultural industry of this state.

(2) Upon being so notified by the commissioner, the governor may declare a state of quarantine emergency to be in effect. Such state of emergency shall be in effect for no more than one hundred eighty days and may be renewed for successive periods of no more than one hundred eighty days upon certification by the commissioner to the governor that the threat from the pest continues to exist and continues to justify the emergency enforcement measures.

(3) When the governor declares a quarantine emergency, the governor is authorized to accept assistance, services, facilities, and grants tendered by federal and local governmental units or other persons.

(4) (Deleted by amendment, L. 96, p. 321, § 4, effective April 16, 1996.)
C.R.S. § 35-42-102 — CO Code / Title 35 / Article 42 / Section 35-42-102
35-42-102. Legislative declaration
Status: in_force

35-42-102. Legislative declaration. The general assembly hereby finds and declares that the protection of companion animals and livestock is a matter of statewide concern; and that it is the policy of this state that persons responsible for the care or custody of such animals be persons fit to adequately provide for the health and well-being of such animals.
C.R.S. § 35-9-128 — CO Code / Title 35 / Article 9 / Section 35-9-128
35-9-128. Information
Status: in_force

35-9-128. Information. The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to pesticides and conduct workshops for the purpose of informing pesticide dealers of new developments in the field of pesticides.
C.R.S. § 35-65-110 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-110
35-65-110. Penalty - repeal
Status: repealed

35-65-110. Penalty - repeal. (Repealed)
C.R.S. § 35-51-101 — CO Code / Title 35 / Article 51 / Section 35-51-101
35-51-101. Manufacturer required to have federal license
Status: in_force

35-51-101. Manufacturer required to have federal license. Any person, firm, or corporation operating a plant or laboratory in this state for the manufacture of animal biological products, including animal serums, vaccines, bacterins, and animal virus, offered for sale and recommended by the manufacturer for the treatment or prevention of infectious or contagious animal diseases shall secure from the United States department of agriculture, bureau of animal industry, division of serum-virus control, a federal license authorizing the manufacture of said veterinary biological products and their sale in interstate commerce. This article shall not apply to the manufacture or sale of animal biological products manufactured under United States veterinary license or produced by the United States department of agriculture, bureau of animal industry.
C.R.S. § 35-27.5-101 — CO Code / Title 35 / Article 27.5 / Section 35-27.5-101
35-27.5-101. Short title
Status: in_force

35-27.5-101. Short title. This article shall be known and may be cited as the "Weed Free Forage Crop Certification Act".
C.R.S. § 35-1-113 — CO Code / Title 35 / Article 1 / Section 35-1-113
35-1-113. Applications for licenses - authority to suspend licenses - rules
Status: in_force

35-1-113. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number.

(2) The department or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.

(3) (a) The department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.

(b) The appropriate rule-making body of the department is authorized to promulgate rules to implement the provisions of this section.

(4) For purposes of this section, "license" means any recognition, authority, or permission that the department or any authorized agent of the department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
C.R.S. § 35-1.2-105 — CO Code / Title 35 / Article 1.2 / Section 35-1.2-105
35-1.2-105. Colorado agricultural future loan program cash fund - created
Status: in_force

35-1.2-105. Colorado agricultural future loan program cash fund - created. (1) The Colorado agricultural future loan program cash fund is hereby created in the state treasury. The fund consists of:

(a) Money credited to the fund pursuant to section 35-1.2-106;

(b) Money received as loan payments on loans issued from the loan program, including interest; and

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

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

(3) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund.

(4) The money in the fund is continuously appropriated to the department to expend for the purposes of this article 1.2.
C.R.S. § 35-43-101 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-101
35-43-101. Brands on livestock - evidence
Status: in_force

35-43-101. Brands on livestock - evidence. It is lawful to mark cattle and horses with the owner's brand. When animals are brought into this state from another state or a territory in transit from beyond the boundaries of this state, the brand, or a copy thereof, duly certified to by the proper officer in each state or territory, shall be received in evidence, with like force and effect as a brand duly recorded in this state.
C.R.S. § 35-36-307 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-307
35-36-307. Credit sale contracts - rules
Status: in_force

35-36-307. Credit sale contracts - rules. (1) When a dealer or small-volume dealer purchases farm products for which payment has not been made, the dealer or small-volume dealer, within thirty days after the receipt of the farm products, shall provide the producer or owner of the farm products with a credit sale contract. The credit sale contract must contain the following information:

(a) The type and quantity of farm products purchased and the date of purchase;

(b) The charges for handling, if any;

(c) The name and address of the producer or owner and the signature of the dealer or small-volume dealer or the authorized agent of the dealer or small-volume dealer;

(d) The contract number required pursuant to subsection (4) of this section; and

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

(2) A dealer or small-volume dealer shall retain records of a dealer or small-volume dealer for a period of two years after the date of completion of the credit sale contracts, and the records must reflect those credit sale contracts that have been paid, canceled, or amended and those that are still open. The dealer or small-volume dealer shall keep the records at the dealer's or small-volume dealer's place of business at all times.

(3) The commissioner shall require an annual report of the status of all of a dealer's or small-volume dealer's credit sale contracts along with the financial statement required under section 35-36-204 (1)(b).

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

(5) A dealer or small-volume dealer issuing credit sale contracts shall maintain positive working capital and a current ratio equal to or greater than one-to-one and reserves in an amount equaling or exceeding one hundred percent of the value of all of that dealer's or small-volume dealer's open credit sale contracts, which value shall be determined with reference to the daily bid price. The reserves may be in the form of any one or a combination of the following:

(a) Cash;

(b) Farm product assets, including farm products or other evidence of storage of farm products;

(c) Credit sale contracts with other dealers or small-volume dealers licensed by the department; or

(d) An irrevocable letter of credit in favor of the commissioner, which letter of credit is subject to section 35-36-216.
C.R.S. § 35-41.5-107 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-107
35-41.5-107. Alternative livestock farm license - renewals
Status: in_force

35-41.5-107. Alternative livestock farm license - renewals. (1) An alternative livestock farm licensed pursuant to this article shall make an application to renew its license on or before June 30. Said application shall be in the form and manner prescribed by the board and shall be accompanied by the renewal fee.

(2) No license shall be renewed unless accompanied by an inspection certificate showing that the alternative livestock on the alternative livestock farm have been inspected and certified by the board for health and genetic purity during the immediately preceding ninety-day period.

(3) If the application for renewal is not postmarked on or before June 30, 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 fee is paid.

(4) If the application and fee for renewal are not postmarked on or before August 31, the license shall not be renewed, and a new license shall be required.
C.R.S. § 35-11-103 — CO Code / Title 35 / Article 11 / Section 35-11-103
35-11-103. Chemigation permit
Status: in_force

35-11-103. Chemigation permit. (1) On and after January 1, 1990, no person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a chemigation permit from the department.

(2) On and after July 1, 1987, a person may obtain, pursuant to section 35-11-105, a provisional chemigation permit from the department for the application of chemicals to land or crops through the use of chemigation.

(3) Nothing in this section shall require a person to obtain a chemigation permit to pump or divert water mixed with any chemical to or through an open discharge system.
C.R.S. § 35-80-108.5 — CO Code / Title 35 / Article 80 / Section 35-80-108.5
35-80-108.5. Dog breeders and cat breeders - pet stores - short title
Status: in_force

35-80-108.5. Dog breeders and cat breeders - pet stores - short title. (1) The short title of this section is the "Pet Store Consumer Protection Act".

(2) A pet store that sells or offers for sale dogs or cats shall:

(a) Include on all advertisements, including website postings, the purchase price of the dog or cat and any applicable federal or state license numbers for the breeder of the dog or cat;

(b) Post on the enclosure of each dog or cat the purchase price of the dog or cat and the following information on the dog's or cat's breeder: Full name; kennel name, if applicable; city; state; and any applicable state or federal license numbers; and

(c) Disclose to a prospective consumer in writing, prior to the sale of a dog or cat, the following information about the dog or cat:

(I) The purchase price of the dog or cat;

(II) The interest rate or range associated with any financing or credit card offered to the prospective purchaser; and

(III) Any applicable federal or state license numbers and an unredacted list of all violations of any federal or state law the dog or cat breeder, broker, or transporter received in the previous two years on a federal or state inspection report.

(3) Nothing in this section precludes a statutory or home rule town, city, county, or city and county from enacting laws more stringent than the requirements of this section, including a prohibition on the sale or offer for sale of dogs and cats.
C.R.S. § 35-53-128 — CO Code / Title 35 / Article 53 / Section 35-53-128
35-53-128. Brand inspectors - powers of arrest
Status: in_force

35-53-128. Brand inspectors - powers of arrest. (1) In addition to his other duties, a duly appointed brand inspector is authorized to ride the ranges, pastures, and other localities within the state to protect the livestock industry of the state from depredations and theft.

(2) Brand inspectors in the exercise of their statutory duties are vested with all the powers of arrest, with or without a warrant, conferred upon peace officers as set forth in section 16-3-101, C.R.S.

(3) The state board of stock inspection commissioners may authorize brand inspectors to equip their cars with sirens, red lights, and other devices for use in the apprehension of persons suspected of theft of livestock or violation of stock inspection laws. The board may also authorize the said stock inspectors to carry arms.