C.R.S. § 35-42-113 — CO Code / Title 35 / Article 42 / Section 35-42-113
35-42-113. Animal protection fund - creation
Status: in_force

35-42-113. Animal protection fund - creation. (1) There is hereby created an animal protection fund. Any donations collected for animal protection, any net proceeds from the sale of an animal pursuant to section 18-9-202.5 (4), C.R.S., and any moneys from restitution ordered for the expenses of the department of agriculture in selling and providing for the care of and provision for an animal disposed of under the animal cruelty laws in accordance with part 2 of article 9 of title 18, C.R.S., or this article shall be transmitted to the state treasurer, who shall credit the moneys to the animal protection fund. The general assembly shall make annual appropriations from that fund to the department of agriculture to aid in carrying out the purposes of this article; except that no such appropriations may be made for personal services.

(2) All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The moneys in the fund shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly through legislation.
C.R.S. § 35-14-126 — CO Code / Title 35 / Article 14 / Section 35-14-126
35-14-126. Commercial weighing device exemption - licensing - testing
Status: in_force

35-14-126. Commercial weighing device exemption - licensing - testing. (1) No license shall be required for the use of the following commercial weighing or measuring devices and such devices shall be exempt from testing:

(a) Person weighers also referred to as pennyweight scales;

(b) Any scale used as an in-plant scale to determine ingredients or other such services where the end product or service is determined by some means other than the in-plant scale;

(c) Those scales operated by the United States postal service;

(d) Postal scales used exclusively for determining postage fees and where final determination of weight is made by the United States postal service;

(e) A pharmacist's prescription scale having less than a four-ounce capacity;

(f) Any other device exempted by the commissioner by rule.
C.R.S. § 35-28-123 — CO Code / Title 35 / Article 28 / Section 35-28-123
35-28-123. Other laws superseded
Status: in_force

35-28-123. Other laws superseded. It is the legislative intent that the provisions of this article shall control, to the exclusion of any general law of this state in conflict therewith, and specifically shall supersede the provisions of article 23 of this title, if said article is in conflict herewith.
C.R.S. § 35-38-111 — CO Code / Title 35 / Article 38 / Section 35-38-111
35-38-111. Warranties
Status: in_force

35-38-111. Warranties. (1) A supplier shall provide a fair and reasonable warranty agreement on any new equipment that it sells and shall fairly compensate each dealer for parts and labor used in fulfilling such warranty agreement.

(2) Any claim made by a dealer related to a warranty agreement shall be:

(a) Approved or disapproved within sixty days after receipt by the supplier; and

(b) Paid within thirty days after approval by the supplier.

(3) For disapproval of any warranty claim submitted by a dealer, such dealer shall be notified in writing of the specific reasons for the disapproval and of any action necessary for approval of the claim and shall be given a reasonable time period in which to complete such action.

(4) Warranty work performed by a dealer pursuant to this section shall be compensated at a reimbursement rate that is reasonable and customary to the industry.

(5) The supplier shall have the right to adjust for errors discovered during an audit and to adjust any claims collected in error.
C.R.S. § 35-40-109 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-109
35-40-109. Bounties paid by state
Status: repealed

35-40-109. Bounties paid by state. (Repealed)
C.R.S. § 35-1-110 — CO Code / Title 35 / Article 1 / Section 35-1-110
35-1-110. Legal adviser - legal actions
Status: in_force

35-1-110. Legal adviser - legal actions. The attorney general shall be the legal adviser for the department of agriculture and shall defend it in all actions and proceedings brought against it. The district attorney of the judicial district in which a cause of action may arise shall bring any action, civil or criminal, requested by the commissioner to abate a condition which exists in violation of, or to restrain or enjoin any action which is in violation of, or to prosecute for the violation of or for the enforcement of, the agricultural laws or the standards, orders, rules, and regulations of the department established by or issued under the provisions of this article. If the district attorney fails to act, the commissioner may bring any such action and shall be represented by the attorney general or, with the approval of the commission, by special counsel.
C.R.S. § 35-12-102 — CO Code / Title 35 / Article 12 / Section 35-12-102
35-12-102. Administration of article
Status: in_force

35-12-102. Administration of article. This article shall be administered by the commissioner of agriculture or the commissioner's duly authorized representatives.
C.R.S. § 35-14-110 — CO Code / Title 35 / Article 14 / Section 35-14-110
35-14-110. Misrepresentation of quantity
Status: in_force

35-14-110. Misrepresentation of quantity. No person shall sell, offer, advertise, or expose for sale less than the quantity of commodity or service he represents nor take any more than the quantity of commodity or service he represents.
C.R.S. § 35-55-101 — CO Code / Title 35 / Article 55 / Section 35-55-101
35-55-101. Definitions
Status: in_force

35-55-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Livestock" means horses, mules, cattle, burros, swine, sheep, goats, poultry, and alternative livestock as defined in section 35-41.5-102 (1).

(2) "Public livestock market" means any place, establishment, or facility, commonly known as a livestock market, conducted or operated for compensation or profit as a public livestock market, consisting of pens, or other enclosures, and their appurtenances, in which live horses, mules, cattle, burros, swine, sheep, goats, and poultry are received, held, or assembled for either public or private sale. The person, partnership, or corporation owning or controlling premises defined as a public livestock market shall be compensated for the use of the premises and the services performed in handling the livestock in connection with the sale.
C.R.S. § 35-36-105 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-105
35-36-105. Civil penalties
Status: in_force

35-36-105. Civil penalties. (1) A person who violates this article 36 or any rule enacted pursuant to this article 36 is subject to a civil penalty as determined by the commissioner. The maximum penalty is one thousand dollars per violation per day.

(2) A civil penalty shall not be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24.

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

(4) Under circumstances where the commissioner did not have probable cause to impose a civil penalty, the person charged may recover the person's costs and attorney fees from the department.

(5) The commissioner shall transmit all money collected from civil penalties pursuant to this section to the state treasurer, who shall credit it to the inspection and consumer services cash fund created in section 35-1-106.5.

(6) Before imposing a civil penalty, the commissioner may consider the effect of the penalty on the ability of the person charged to stay in business.
C.R.S. § 35-54-104 — CO Code / Title 35 / Article 54 / Section 35-54-104
35-54-104. Purchaser must show bill of sale
Status: in_force

35-54-104. Purchaser must show bill of sale. It is the duty of any person who purchases or receives, or has in his possession, any such livestock, either for himself or for another, to exhibit, on reasonable request to any person inquiring therefor, the bill of sale of such livestock, if in his power to do so, and if not in his power to do so, to state and give the reason therefor. Any person violating or failing to comply with the provisions of this section shall be deemed guilty and liable to punishment as provided in section 35-54-102.
C.R.S. § 35-57.8-109 — CO Code / Title 35 / Article 57.8 / Section 35-57.8-109
35-57.8-109. Horse promotion authority assessment
Status: in_force

35-57.8-109. Horse promotion authority assessment. (1) (a) To carry out the provisions and intent of this article, the state board of stock inspection commissioners, by and through the brand commissioner or a designated agent thereof, shall collect an assessment on horses for which a brand inspection fee is also collected as provided in section 35-41-104. The board of directors of the authority shall determine the assessment in an amount not to exceed three dollars per horse. No person shall be assessed more than a total of one hundred dollars in a calendar year.

(b) Any person may purchase a Colorado horse development authority assessment card for one hundred dollars from the authority to provide evidence to the state board of stock inspection commissioners, by and through the brand commissioner or a designated agent thereof, at the time a brand inspection fee is collected as provided in section 35-41-104, that the assessment due pursuant to paragraph (a) of subsection (1) of this section has been collected. Such Colorado horse development authority assessment card shall be valid for a period of one calendar year.

(2) The assessment shall be directly deposited by the livestock inspectors into an account specified by the Colorado horse development authority board. The state board of stock inspection commissioners is authorized to bill the Colorado horse development authority a fee collected pursuant to agreement between the state board of stock inspection commissioners and the Colorado horse development board. Such fee shall not exceed ten percent of the assessment determined by the board pursuant to this section.
C.R.S. § 35-49-102 — CO Code / Title 35 / Article 49 / Section 35-49-102
35-49-102. Legislative declaration
Status: in_force

35-49-102. Legislative declaration. It is the policy of the state of Colorado to encourage and improve range conditions for livestock within its borders through the construction of watering tanks, to provide a system of priorities of right of use thereof, and to protect adjudicated water rights and the public interest by providing an official record and reasonable public supervision of such watering tanks.
C.R.S. § 35-7-105 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-105
35-7-105. Boundaries of infested areas defined
Status: in_force

35-7-105. Boundaries of infested areas defined. For the purpose of carrying out this part 1, the respective boards of county commissioners have the power to define the boundaries of such rodent-infested areas within their jurisdictions and to put into operation such cooperative agreements for such areas in the manner as in their discretion may be deemed advisable.
C.R.S. § 35-9-120 — CO Code / Title 35 / Article 9 / Section 35-9-120
35-9-120. Prohibited acts
Status: in_force

35-9-120. Prohibited acts. (1) It is unlawful and a violation of this article for any person:

(a) To distribute within the state or deliver for transportation in intrastate commerce or transport between points within this state through any point outside this state any of the following:

(I) Any pesticide or device which has not been registered pursuant to the provisions of this article and any rules and regulations adopted pursuant thereto;

(II) Any pesticide or device if any of the claims made for it or any of the directions for its use or any other labeling differs from the representations made in connection with its registration or reregistration; except that, at the discretion of the commissioner, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product;

(III) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container a label bearing the information required in this article and the rules adopted pursuant to this article, and, if there is an outside container or wrapper of such retail package through which the required information cannot be clearly read, there is an additional label on such container or wrapper containing such information;

(IV) Any pesticide which is adulterated or misbranded, or any device which is misbranded;

(V) Any pesticide in any container which violates rules adopted pursuant to this article or in any container which is unsafe due to damage;

(b) To distribute any pesticide to any person who is required by law or rules adopted under such law to be certified, licensed, or have a permit to use or purchase the pesticide unless such person or the person's agent, to whom sale or delivery is made, has a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered; except that, subject to conditions established by the commissioner, such permit may be obtained immediately prior to sale or delivery from any person so designated by the commissioner;

(c) To detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this article or rules adopted pursuant thereto, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this article or the rules adopted pursuant thereto;

(d) To use or cause to be used any pesticide contrary to the rules and restrictions adopted pursuant to section 35-9-118 (2)(c);

(e) To use for the person's own advantage or to reveal, other than under the authority of section 35-9-109, any information relative to formulas of products acquired by authority of section 35-9-107 (1)(d);

(f) To perform any of the acts or to hold oneself out as being qualified to perform any of the acts for which licensure as a pesticide dealer is required without possessing a valid license to do so;

(g) (I) To make false, misleading, deceptive, or fraudulent representations through any media regarding:

(A) Pesticides or any aspect of their use, including, but not limited to, representations regarding their safety and effectiveness; or

(B) Devices or any aspect of their use, including, but not limited to, representations regarding their safety and effectiveness.

(II) It is a false representation to make claims as to the safety of any pesticide or device or their components or ingredients, including, but not limited to, such claims as "safe", "noninjurious", "harmless", or "nontoxic to humans and pets", with or without such qualifying phrases as "when used as directed" and "when properly applied".

(h) To refuse or neglect to comply with the provisions of this article;

(i) To refuse or neglect to comply with any rule adopted under this article, or any lawful order of the commissioner;

(j) To impersonate any state, county, or city inspector or official;

(j.5) To make a false statement in any invoice, record, report, or application required under this article or any rule promulgated under this article; or

(k) To make any fraudulent statements in any confidentiality agreement authorized pursuant to section 35-9-109 or to violate any of the provisions of said agreement.

(2) It is unlawful and a violation of this article for any pesticide dealer:

(a) To store pesticides in a manner inconsistent with labeling directions, except as provided by law, or in a fraudulent, faulty, unsafe, or negligent manner;

(b) To dispose of empty pesticide containers or unused materials inconsistent with labeling directions or in a negligent or unsafe manner;

(c) To permit the use of his license by persons to whom the license was not issued;

(d) To fail to maintain records and file reports as required by this article or rules adopted pursuant thereto;

(e) To fail to notify the commissioner of any change of address within thirty days after said change of address;

(f) To make a false statement of fact in any invoice or any record, report, or application required by this article or by any rule adopted pursuant thereto; or

(g) To sell a pesticide without having an appropriately licensed pest control consultant supervising said sale.

(2.5) It is unlawful and a violation of this article for any refiller:

(a) To fail to maintain any records or reports required under this article or any rule promulgated under this article;

(b) To make a false statement of fact in any record or report required by this article or any rule promulgated under this article; or

(c) To fail to clean a refillable container in accordance with residue removal procedures specified by the commissioner by rule.

(3) Any violation of paragraph (a), (c), (f), or (g) of subsection (1) of this section is a deceptive trade practice and is subject to the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.
C.R.S. § 35-50-104 — CO Code / Title 35 / Article 50 / Section 35-50-104
35-50-104. State veterinarian and authorized representatives
Status: in_force

35-50-104. State veterinarian and authorized representatives. (1) Subject to section 13 of article XII of the state constitution, the commissioner is authorized to employ a licensed doctor of veterinary medicine as state veterinarian, who will be an authorized representative of the department.

(2) The commissioner may employ, as assistants and authorized representatives, accredited veterinarians who are licensed to practice in Colorado as may be necessary to assist the state veterinarian in carrying out the duties and functions set forth in this article.

(3) The commissioner may commission graduate veterinarians located in various portions of the state, to be known as commissioned state veterinarians. Such commissioned state veterinarians may be called upon by the state veterinarian to perform such special duties in all hazards arising from any livestock emergencies as may be assigned to them, and they shall report to the state veterinarian. Commissioned state veterinarians shall perform only such special duties as may be assigned to them. Such commissioned state veterinarians shall hold their commissions at the pleasure of the commissioner and may be removed at any time.

(4) The commissioner may appoint or employ competent persons to perform duties as assigned by the state veterinarian for disease control or livestock emergencies.

(5) The department shall administer an infectious or contagious disease surveillance, control, and eradication program and shall supervise or be responsible for the supervision of all personnel engaged in any county or area infectious or contagious disease control program. The service of personnel commissioned or appointed pursuant to subsections (3) and (4) of this section shall be paid for by the livestock owner unless specifically provided for by local, state, or federal funding.

(6) All persons utilized by the commissioner, the department, and the state veterinarian pursuant to this section, whether employed or volunteer, shall be deemed employees of the department for purposes of article 10 of title 24, C.R.S.
C.R.S. § 35-14-129 — CO Code / Title 35 / Article 14 / Section 35-14-129
35-14-129. Moisture-testing devices and grain protein analyzers - specifications
Status: repealed

35-14-129. Moisture-testing devices and grain protein analyzers - specifications. [See editor's note following this section] (1) Before operating any moisture-testing device or grain protein analyzer for commercial use, the owner of the device or analyzer shall first procure a license for operation of the device or analyzer from the commissioner. An application for the license must be made upon a form furnished by the commissioner. A moisture-testing device or a grain protein analyzer is considered in commercial use if the results of the device or analyzer are a factor in determining:

(a) The price of the commodity tested; or

(b) For a moisture-testing device, the drying or other processing charge based upon moisture content of the commodity.

(2) to (6) Repealed.
C.R.S. § 35-43-115 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-115
35-43-115. Assessment of brands - rules
Status: repealed

35-43-115. Assessment of brands - rules. (1) (a) To revise and disencumber the brand records of unused brands and to provide revenues with which to publish new brand books and otherwise assist in the operational cost of the division of brand inspection, the state board of stock inspection commissioners has the authority to impose an assessment and, when applicable, a late fee in an amount determined by the board by rule on every brand recorded in the office of the board on or before January 1, 2002, to cover the five-year period beginning on January 1, 2002, and ending on December 31, 2006, and like assessments covering every five years thereafter; except that, notwithstanding any other requirement of this section:

(I) The board may temporarily change the period of a brand's assessment to one, two, three, or four years so that approximately equal numbers of brands are subsequently assessed for five-year periods in each successive five-year period; and

(II) If the period of an assessment is changed pursuant to subparagraph (I) of this paragraph (a):

(A) The fee for the shortened assessment period shall be proportionately decreased; and

(B) The subsequent assessment period shall revert to five years.

(b) It is the duty of the board to notify every owner of a recorded brand of the assessment authorized by paragraph (a) of this subsection (1) through the United States mail by letter addressed to the owner at the owner's post-office address as given in the brand records. The assessment shall be due and payable within ninety days after January 1 of the assessment year. If any owner of a recorded brand fails or refuses to pay the assessment within the ninety days, the board may mail a second notice by certified mail and impose a late fee. If, within ninety days after the second mailing, any owner of a recorded brand fails or refuses to pay such assessment and late fee, the brand shall be canceled from the valid registry of livestock brands in the office of the board and may be reissued and recorded as a new brand after the expiration of three years from the date of such cancellation. The board shall give a receipt for any such payment.

(2) Repealed.

(3) As to any brand recorded prior to the beginning of any assessment period, the state board of stock inspection commissioners shall require one payment of all assessments for the entire five-year period. As to any brand recorded on or after the commencement of any assessment period, the state board of stock inspection commissioners shall make the assessment for the year or fractional part of the year in which the brand is recorded and for the remaining years within that five-year period and shall require one payment of all such assessments.

(4) All moneys collected by the state board of stock inspection commissioners from brand assessments shall be credited to a separate account within the brand inspection fund to be known as the brand assessment account. All moneys credited to such account and all interest earned on investments from moneys credited to such account shall be a part of the brand assessment account and shall be available for appropriation by the general assembly for purposes provided by law.
C.R.S. § 35-36-108 — CO Code / Title 35 / Article 36 / Part 1 / Section 35-36-108
35-36-108. Report - repeal
Status: repealed

35-36-108. Report - repeal. (Repealed)
C.R.S. § 35-40-108 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-108
35-40-108. Scalps produced, claimant
Status: repealed

35-40-108. Scalps produced, claimant. (Repealed)
C.R.S. § 35-33-402 — CO Code / Title 35 / Article 33 / Part 4 / Section 35-33-402
35-33-402. Inspection - issuance of license
Status: repealed

35-33-402. Inspection - issuance of license. (Repealed)
C.R.S. § 35-52-111 — CO Code / Title 35 / Article 52 / Section 35-52-111
35-52-111. Penalty
Status: in_force

35-52-111. Penalty. Any person, firm, partnership, or corporation violating the provisions of this article 52 commits a civil infraction.
C.R.S. § 35-53.5-101 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-101
35-53.5-101. Short title
Status: in_force

35-53.5-101. Short title. This article shall be known and may be cited as the "Feedlot Certification Act".
C.R.S. § 35-5-101 — CO Code / Title 35 / Article 5 / Section 35-5-101
35-5-101. Definitions
Status: in_force

35-5-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "APHIS" means the United States department of agriculture animal and plant health inspection, plant protection, and quarantine programs.

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

(2) "County" includes a city and county.

(3) "District" means an area as provided for in section 35-5-104.

(4) "District advisory committee" means the committee appointed as provided in section 35-5-105.

(5) "Insect pest", as determined by the commissioner, means any of the small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, and which, upon investigation by the commissioner, are found to be in epidemic proportions.

(6) "Inspector" means a county pest inspector.

(7) "Landowner" means a person who owns five or more acres of land within the boundaries of the proposed district.

(7.1) "Lessee" means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district.

(8) "Noxious weeds", as determined by the commissioner, means those weeds which are especially troublesome and detrimental and which may cause damage or loss to a considerable portion of the land or livestock of a community.

(9) "Person" includes person, firm, corporation, or association.

(10) "Pest", as determined by the commissioner, means a noxious, destructive, or troublesome plant, insect, or plant disease, when found to be in epidemic proportions and of sufficient economic importance to threaten the public welfare.

(11) "Plant diseases", as determined by the commissioner, means injurious action caused by the continuous or intermittent damage of all plants by any causal agent and expressed through symptoms.

(12) "Resident landowner" means a person who owns five or more acres of land within the boundaries of the proposed district and has his legal residence within the county where the proposed district is located or within an adjacent county.

(12.1) "Resident lessee" means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district and having his legal residence within the county where the proposed district is located or within an adjacent county.
C.R.S. § 35-40-204 — CO Code / Title 35 / Article 40 / Part 2 / Section 35-40-204
35-40-204. Establishment of program - continuance or discontinuance - license fees
Status: in_force

35-40-204. Establishment of program - continuance or discontinuance - license fees. (1) (a) The owners of at least fifty-one percent of the sheep, or the owners of at least fifty-one percent of the cattle, or the owners of at least fifty-one percent of both sheep and cattle acting jointly in the county, as shown by the assessment rolls of the last preceding assessment, may petition the board of county commissioners to establish a predatory animal control program as provided for in this part 2.

(b) The petition shall be filed on or before the first of November in any year at a regularly scheduled meeting of the board of county commissioners. After examination of the petition, if the board finds the petition in order and properly signed by the owners of at least fifty-one percent of the sheep or cattle, or both, in the county, the board shall establish the predatory animal control program provided for in this part 2 to commence the following calendar year on the first of February of said year; but the license fee as fixed under the provisions of section 35-40-205 shall be assessed only against the owners of sheep if only said owners of sheep petition for the establishment of said program, and only against the owners of cattle if only said owners of cattle so petition, and against both the owners of sheep and cattle if both said owners of sheep and cattle, acting jointly, so petition.

(c) Likewise, the question of an increase or decrease in the license fee, or the question of the discontinuance of the program, as provided in subsection (2) of this section, shall be determined only by the owners of sheep if they petitioned the establishment of the program, and only by the owners of cattle if they petitioned the establishment of the program, and jointly by the owners of both sheep and cattle if they, acting jointly, petitioned the establishment of the program.

(2) The license fee to defray the cost of any program established under the provisions of this part 2, as fixed by the board of county commissioners under the provisions of section 35-40-205, shall remain in full force and effect from year to year without change, unless there is filed with the board a petition signed by the owners of at least fifty-one percent of the sheep, or the owners of at least fifty-one percent of the cattle, or the owners of at least fifty-one percent of both the sheep and cattle acting jointly, in the county, requesting repeal of said license fee in total and discontinuance of the program, or for an increase in said license fee, subject to the limits provided in section 35-40-205, or for a decrease in said license fee, in either of which events, the board of county commissioners shall fix a new license fee to continue from year to year and provide for the continuation of the program within the limits of the aggregate amount of the license fees as collected from year to year.
C.R.S. § 35-52-116 — CO Code / Title 35 / Article 52 / Section 35-52-116
35-52-116. Premises sanitation
Status: in_force

35-52-116. Premises sanitation. Premises shall be free of collections of unused garbage and waste materials. Rat and fly control measures shall be practiced as a further means of prevention of the spread of diseases.
C.R.S. § 35-57-107 — CO Code / Title 35 / Article 57 / Section 35-57-107
35-57-107. Terms of members
Status: in_force

35-57-107. Terms of members. (1) The members of the Colorado beef board who are in office on July 1, 1993, shall comprise the original board of the beef council authority, and their initial terms on the beef council authority shall end at the same time as the terms to which they were appointed on the Colorado beef board prior to July 1, 1993.

(2) On the expiration of the term of a member of the board, that member's successor shall be appointed by the governor for a term of four years; except that, in case of a vacancy, the governor shall appoint a person who shall serve for the unexpired term.
C.R.S. § 35-41.5-108 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-108
35-41.5-108. Record-keeping requirements
Status: in_force

35-41.5-108. Record-keeping requirements. (1) Each alternative livestock farm licensee shall keep and maintain records in the form and manner designated by the board.

(2) Records maintained pursuant to subsection (1) of this section shall be retained at the licensee's address of record:

(a) For a period of three years after the death or sale of an animal if such record pertains to an alternative livestock; or

(b) For a period of three years if such record does not pertain to an alternative livestock.
C.R.S. § 35-5-113 — CO Code / Title 35 / Article 5 / Section 35-5-113
35-5-113. Deputy or agent may exercise power
Status: in_force

35-5-113. Deputy or agent may exercise power. Whenever any power or authority is given by any provisions of this article to any person, it may be exercised by any deputy or agent duly authorized by him.
C.R.S. § 35-5-123 — CO Code / Title 35 / Article 5 / Section 35-5-123
35-5-123. Rules and regulations
Status: in_force

35-5-123. Rules and regulations. (1) The commissioner is authorized, after opportunity for hearing and in accordance with article 4 of title 24, C.R.S., to promulgate appropriate rules and regulations concerning:

(a) Payment of costs by landowners and lessees, APHIS, and the governor's agricultural emergency and disaster fund;

(b) Procedures for awarding contracts for grasshopper and range caterpillar control operations, which procedures shall follow as nearly as practicable the procedures for awarding contracts of the department of personnel, the terms and conditions of such contracts, bonding requirements, and qualifications of those contracting to do the control work;

(c) Methods and materials of control to be used in grasshopper and range caterpillar control operations;

(d) Protection of the environment, businesses, and industries located in grasshopper and range caterpillar control districts.

(2) The commissioner is further empowered to make and publish such reasonable rules and regulations as are proper and necessary to put into effect the provisions of this article.
C.R.S. § 35-66-105 — CO Code / Title 35 / Article 66 / Section 35-66-105
35-66-105. Working group for long-term solutions for off-range horses - repeal
Status: repealed

35-66-105. Working group for long-term solutions for off-range horses - repeal. (1) (a) A wild horse working group is created in the department. The wild horse working group shall identify and pursue:

(I) Humane, nonlethal alternatives for wild horses that are taken off-range in Colorado or held in federal holding facilities, including:

(A) A state wild horse preserve;

(B) Wild horse sanctuaries or creative collaborations with wild horse sanctuaries; and

(C) Opportunities for partnerships with the state, including programs created by the governor's commission on community service, any department of corrections program, and any creative partnerships with state programs;

(II) Opportunities for long-term care and management of nonfederal wild or unclaimed horses currently in Colorado; and

(III) Partnerships and opportunities to ensure the success of adoptions and localized quality assurance when supporting adoption networks within Colorado.

(b) The working group shall not consider outcomes that involve the creation of an easement or the transfer of land, grazing rights, or other similar private holdings if either is against the will of the landowner or grazing rights holder.

(2) The wild horse working group consists of at least fourteen members, including the following representation:

(a) (I) The governor shall appoint:

(A) A representative of the governor's office;

(B) A representative of the department of natural resources;

(C) A representative of the Colorado tourism office; and

(D) A representative of the department of agriculture;

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

(III) The minority leader of the house of representatives or the minority leader's designee;

(IV) The majority leader of the house of representatives shall appoint:

(A) Two representatives of nonprofit wild horse advocacy organizations;

(B) A resident of the western slope; and

(C) A nonprofit environmental conservation organization;

(V) The minority leader of the house of representatives shall appoint:

(A) Two representatives of the ranching and grazing permit holder community; and

(B) A representative from each of the local on-range wild horse organizations that maintain memoranda of understanding with the bureau to conduct on-range activities;

(VI) The executive director of the department of natural resources shall appoint a representative of the state board of land commissioners; and

(b) (I) The Colorado state director of the bureau may represent the bureau or may appoint a representative of the bureau;

(II) The Southern Ute Tribe may appoint a representative of the tribe;

(III) The Ute Mountain Ute Tribe may appoint a representative of the tribe; and

(IV) The region two regional forester of the United States forest service may appoint a representative of the United States forest service.

(3) (a) Not later than one hundred twenty days after May 20, 2023, the appointing authorities shall appoint members to the wild horse working group in accordance with subsection (2) of this section.

(b) The members of the wild horse working group serve without compensation from the state; except that members who are state employees may be compensated as state employees.

(4) (a) The working group shall make recommendations to the governor and general assembly regarding solutions to the issues described in this section.

(b) The working group shall attempt to make legislative recommendations by November 1, 2024, but shall make the recommendations by November 1, 2025.

(c) The working group shall make recommendations not requiring legislative action and regarding solutions to the issues described in this section to the appropriate entity in a timely manner and include the recommendations in the annual report required in section 35-66-103.

(5) This section is repealed, effective July 1, 2026.
C.R.S. § 35-49-105 — CO Code / Title 35 / Article 49 / Section 35-49-105
35-49-105. Not used for irrigation
Status: in_force

35-49-105. Not used for irrigation. No livestock water tanks constructed under the provisions of this article shall be used for irrigation purposes, and nothing contained in this article shall be construed as conferring upon the owner of any such livestock water tank a priority of use superior to any vested water right or to an adjudicated appropriation of water pursuant to state laws. Unless built upon an intermittent or perennial main stream, dams creating such livestock water tanks shall be deemed to have a rebuttable presumption that there is no injury to adjudicated water rights when built pursuant to the specifications set forth in section 35-49-103. If used solely for watering of livestock in areas known to be deficient in windmill water, having a pumping capacity of less than five gallons per minute, dams of greater capacity than those designated in section 35-49-103 may be constructed on any ephemeral stream, but in such event, the state engineer may require the construction of drainage facilities to reduce the water impounded in the reservoir to the capacity prescribed in section 35-49-103, within a thirty-six hour period.
C.R.S. § 35-33-405 — CO Code / Title 35 / Article 33 / Part 4 / Section 35-33-405
35-33-405. Violations - civil penalties - disposition
Status: repealed

35-33-405. Violations - civil penalties - disposition.

(1) Repealed.

(2) In addition to the criminal penalty prescribed in section 35-33-406, any person who violates this article 33 or any rule promulgated under this article 33 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty shall not exceed seven hundred fifty dollars per violation; except that the penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule for the second or subsequent time. Each day the violation occurs constitutes a separate violation.

(3) 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.

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

(5) Before imposing any civil penalty, the commissioner or a court of competent jurisdiction may consider the effect of such penalty on the business.

(6) Any penalty collected under this section is credited to the general fund in accordance with section 24-75-201.
C.R.S. § 35-10-114.5 — CO Code / Title 35 / Article 10 / Section 35-10-114.5
35-10-114.5. Private applicator - license required
Status: in_force

35-10-114.5. Private applicator - license required. Any private applicator who uses or supervises the use of a restricted-use pesticide shall possess a valid private applicator license issued by the commissioner in accordance with this article and any rules adopted pursuant to this article. An unlicensed private applicator may use a restricted-use pesticide under the supervision of a licensed private applicator for uses authorized by the licensed private applicator's license.
C.R.S. § 35-5-109 — CO Code / Title 35 / Article 5 / Section 35-5-109
35-5-109. Owner or lessee refuses action
Status: in_force

35-5-109. Owner or lessee refuses action. When noxious weeds, insect pests, or plant diseases are found on a property not listed on the tax rolls of the county and the owner or lessee of the property refuses or fails to take the necessary action to control or eradicate such noxious weeds, insect pests, or plant diseases, after notice as prescribed in section 35-5-108, the county pest inspector shall treat the same as though listed on the tax rolls, and the expense thereof may be recovered by the county in an action therefor in any court of competent jurisdiction. The control or eradication of noxious weeds, insect pests, or plant diseases on county property may be contracted for by the inspector, with the approval of the board of county commissioners, at county expense.
C.R.S. § 35-14-131 — CO Code / Title 35 / Article 14 / Section 35-14-131
35-14-131. Civil penalties
Status: in_force

35-14-131. Civil penalties. (1) A 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 or a court of competent jurisdiction. The maximum penalty shall not exceed seven hundred fifty 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 for the second time. Each day the violation occurs shall constitute a separate violation.

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

(3) If the commissioner is unable to collect such civil penalty or if a 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 a court of competent jurisdiction.

(4) Before imposing a civil penalty, the commissioner or a court of competent jurisdiction may consider the effect of such penalty on the business.

(5) It is a violation for any person to:

(a) Sell, offer, or expose for sale or hire or have in his or her possession for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure;

(b) Use, or possess for current use or for hire, in the buying or selling of any commodity or thing, in the computation of any basic charge or payment for services rendered on the basis of weight or measurement, or in the determination of weight or measurement when a charge is made for such determination, any weight or measure that is not approved by the commissioner or the commissioner's designated agent, unless specific written permission to use such weight or measure has been received from the commissioner;

(c) Dispose of any rejected or condemned weight or measure in a manner contrary to law or rule;

(d) [See editor's note following this section] Remove, break, or deface, contrary to law or rule, any tag, seal, or mark placed on any weight or measure pursuant to this article, except in the case of the commissioner or a service person, certified pursuant to section 35-14-123, performing duties provided for in this article or any rule adopted pursuant thereto;

(e) Sell, or offer or expose for sale, less than the quantity such person represents of any commodity, thing, or service;

(f) Take more than the quantity such person represents of any commodity, thing, or service when, as a buyer, such person furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined;

(g) Keep for the purpose of sale, advertise or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner contrary to the requirements of this article;

(h) Use in retail trade, except in the preparation of packages put up in advance of sale and medical prescriptions, a weight or measure that is so positioned that its indications may not be accurately read and the weighing or measuring operation observed from some position that may reasonably be assumed by a customer; except that this paragraph (h) shall not apply to livestock scales used in any licensed yard selling livestock;

(i) Violate any provision of this article or any rule promulgated under this article for which a specific penalty has not been prescribed;

(j) [See editor's note following this section] Act as or represent oneself to be a certified weigher without being certified therefor, or for any certified weigher to: Falsely certify, represent, or record the weight of any load, or part of any load, or of any article whatsoever obtained from a commercial weighing and measuring device not exempted pursuant to section 35-14-126; falsely certify, represent, or record any net or gross weight required by this article to be in said certificate or record; refuse to weigh any article or thing that it is such person's duty to weigh; or refuse to state in any weight certificate anything required to be therein;

(k) Alter a weight certificate, use or attempt to use any such certificate for any load or part of a load or for articles or things other than for which the certificate is given, or, after weighing and before the delivery of any articles or things so weighed, alter or diminish the quantity thereof;

(l) Hinder or obstruct in any way the commissioner or the commissioner's authorized agent in the performance of the commissioner's official duties under this article;

(m) [See editor's note following this section] Act as or represent oneself to be a certified weighing or measuring device service provider without being so certified.

(6) A civil penalty collected under this section shall be transmitted to the state treasurer, who shall credit it to the inspection and consumer services cash fund created in section 35-1-106.5. Penalties shall be determined by the commissioner or the commissioner's designee and may be collected by the department by action instituted in a court of competent jurisdiction for collection of such penalty. In determining the amount of any civil penalty to be assessed, the commissioner shall consider any relevant factors. The final decision of the commissioner or the commissioner's designee shall be subject to judicial review. If such an action is instituted for the collection of such penalty, the court may consider the appropriateness of the amount of the penalty if such issue is raised by the party against whom the penalty was assessed.
C.R.S. § 35-43-209 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-209
35-43-209. When hides admitted as evidence
Status: in_force

35-43-209. When hides admitted as evidence. If a hide is subsequently produced by or on behalf of a person who has butchered any livestock alleged to have been stolen and is claimed to be the hide of the animal killed, the hide shall be exhibited as soon as possible for inspection to the sheriff of the county in which the animal was butchered. No such hide shall be admitted in evidence nor shall evidence to identify such hide with the animal alleged to be stolen be received until the prosecution is given such reasonable opportunity as may be fixed by court to examine the hide and compare it with the meat.
C.R.S. § 35-46-102 — CO Code / Title 35 / Article 46 / Section 35-46-102
35-46-102. Owner may recover for trespass
Status: in_force

35-46-102. Owner may recover for trespass. (1) Any person maintaining in good repair a lawful fence, as described in section 35-46-101, may recover damages for trespass and injury to grass, garden or vegetable products, or other crops of such person from the owner of any livestock which break through such fence. No person shall recover damages for such a trespass or injury unless at the time thereof such grass, garden or vegetable products, or crops were protected by such a lawful fence. Even though such land, grass, garden or vegetable products, or other crops were not at such time protected on all sides by a lawful fence, if it is proved by clear and convincing evidence that livestock have broken through a lawful fence on one side of such land to reach such land, grass, products, or crops, recovery and the remedies under this section may be had the same as if such land, grass, products, or crops had been at such time protected on all sides by a lawful fence.

(2) Whenever any person stocks land, not enclosed by a lawful fence, on which such person has a lawful right to pasture or forage livestock, with a greater number of livestock than such land can properly support or water and any of such livestock pasture, forage, or water on the lands of another person, in order to obtain the proper amount of pasture, forage, or water or whenever any person stocks with livestock land on which such person has no lawful right to pasture or forage livestock and such livestock pasture, forage, or water on such land or on other land on which such person has no right to pasture or forage livestock, he shall be deemed a trespasser and shall be liable in damages and subject to injunction.

(3) All damages sustained on account of the foregoing trespasses may be recovered, together with costs of court and arbitration, and the livestock so trespassing may be taken up by the person damaged and held as security for the payment of such damages and costs. A court of competent jurisdiction in any proper case may issue an injunction to prevent further trespasses. In any action for trespass where the injury complained of has been aggravated and attended by a willful or reckless disregard of the injured person's rights, the board of arbitration, court, or jury may in addition to awarding actual damages include reasonable exemplary damages. Recovery may be had under this section either in a court of law or by arbitration as provided in section 35-46-103.
C.R.S. § 35-10-107 — CO Code / Title 35 / Article 10 / Section 35-10-107
35-10-107. Commercial applicator business license - renewals
Status: in_force

35-10-107. Commercial applicator business license - renewals. (1) Each commercial applicator shall make an application to renew its business license on or before the expiration date of the license. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee.

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

(3) If the application and fee for renewal are not received on or before the thirtieth day following the expiration date of the license, the business license shall not be renewed, and the commercial applicator shall apply for a new license.
C.R.S. § 35-44-105 — CO Code / Title 35 / Article 44 / Section 35-44-105
35-44-105. Sale of estrays
Status: in_force

35-44-105. Sale of estrays. If said estray animal is not claimed within ten days after the posting of estray notice, it shall be sold by the state board of stock inspection commissioners, through an authorized brand inspector of the board, in such manner as the board may direct. It is the duty of the brand inspector making such sale to give a bill of sale to the purchaser from the state board of stock inspection commissioners, signed by himself as inspector for the board, which bill of sale shall be legal evidence of the ownership of said animal by the purchaser thereof and shall be a legal and valid title to said animal.
C.R.S. § 35-57-109 — CO Code / Title 35 / Article 57 / Section 35-57-109
35-57-109. Removal of member
Status: in_force

35-57-109. Removal of member. (1) The governor may remove any member of the board for inefficiency, neglect of duty, or misconduct in office or when the segment of the industry which the member represents fails or elects not to pay its equitable share relating to the promotion of beef. Such member shall be entitled to a public hearing after serving upon such member, ten days before the hearing, a copy of the charges against the member, together with the notice of the time and place of the hearing. At the hearing, the member 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 governor shall file in the office of the secretary of state a complete statement of all charges against the member, and the governor's findings thereon, together with a record of the entire proceedings had in connection therewith.
C.R.S. § 35-38-104 — CO Code / Title 35 / Article 38 / Section 35-38-104
35-38-104. Dealer agreement cancellation
Status: in_force

35-38-104. Dealer agreement cancellation. (1) (a) Unless one or more of the provisions found in subparagraphs (I) to (X) of paragraph (b) of subsection (2) of this section apply, a supplier shall give an equipment dealer one hundred eighty days written notice of the supplier's intent to terminate, cancel, or not renew a dealer agreement or to change the competitive circumstances of such agreement.

(b) (I) Notice sent pursuant to paragraph (a) of this subsection (1) shall state the reasons for termination, cancellation, or nonrenewal and state that the dealer has one hundred eighty days in which to cure any claimed deficiency.

(II) If the dealer cures the deficiency to the supplier's satisfaction within the one-hundred-eighty-day period, the supplier may not terminate, cancel, refuse to renew, or change the competitive circumstances of the agreement for the reasons specified in the notice. The terms of the agreement shall not expire and the supplier shall not change the competitive circumstances of the agreement before the end of the one-hundred-eighty-day period without the dealer's written consent.

(2) (a) A supplier, either directly or through an agent, shall not terminate, cancel, fail to renew, or substantially change the competitive circumstances of a dealership agreement without cause.

(b) For purposes of this subsection (2), "cause" means when a dealer:

(I) Fails to comply with the terms of the agreement if these requirements are not different from those imposed on other similarly situated dealers in this state;

(II) Transfers a controlling ownership interest in the dealership without the supplier's consent; except that the supplier shall not withhold consent without good reason;

(III) Makes a material misrepresentation or falsification of a record;

(IV) Files a voluntary petition in bankruptcy or has an involuntary petition in bankruptcy filed against him or her that has not been discharged within the sixty-day period after it was filed;

(V) Is insolvent or in receivership;

(VI) Pleads guilty to or is convicted of a felony;

(VII) Fails to operate in the normal course of business for seven consecutive business days or terminates the business;

(VIII) Relocates or establishes a new or additional equipment dealer's place of business, representing the same supplier, without the supplier's consent;

(IX) Fails to satisfy a payment obligation as it comes due and payable to the supplier;

(X) Fails to promptly account to the supplier for any proceeds from the sale of equipment or to hold such proceeds in trust for the supplier's benefit;

(XI) Consistently engages in business practices that are detrimental to the consumer or the supplier, including use of excessive pricing or misleading advertising or failing to provide service and replacement parts or perform warranty obligations;

(XII) Consistently fails to meet the suppliers market penetration requirements based on available record information and after receiving notice from the supplier of the supplier's requirements;

(XIII) Consistently fails to meet building and housekeeping requirements;

(XIV) Consistently fails to provide adequate sales, service, or parts personnel commensurate with the dealer agreement;

(XV) Consistently fails to comply with the applicable licensing laws pertaining to the products and services the dealer represents for and on the supplier's behalf.
C.R.S. § 35-5-103 — CO Code / Title 35 / Article 5 / Section 35-5-103
35-5-103. Methods of control - rules and regulations
Status: in_force

35-5-103. Methods of control - rules and regulations. The commissioner is empowered to designate the methods to be used for the control or eradication of the various noxious weeds, insect pests, and plant diseases and to publish such methods and make and publish such reasonable rules and regulations as are proper and necessary to carry into effect the provisions of this article. The commissioner is authorized to enter into agreements with any landowner, lessee, district, city, or town, or with federal, state, or county agencies for cooperation and for cost sharing in the control and eradication of noxious weeds, insect pests, or plant diseases located upon land that they control or administer within the district in keeping with the provisions of this article. The commissioner, with the approval of the governor, is authorized to advance funds, which may be appropriated for this purpose subject to reimbursement, to carry into effect the provisions of this article.
C.R.S. § 35-5.5-114 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-114
35-5.5-114. Review of compliance on federal land
Status: repealed

35-5.5-114. Review of compliance on federal land. (Repealed)
C.R.S. § 35-29-106 — CO Code / Title 35 / Article 29 / Section 35-29-106
35-29-106. Authority to make rules and regulations
Status: in_force

35-29-106. Authority to make rules and regulations. The department is granted power to make rules and regulations concerning standards for grade, size, quality, and condition of agricultural products being marketed under the seal of quality.
C.R.S. § 35-57.5-108 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-108
35-57.5-108. Declaring office of member or alternate vacant
Status: in_force

35-57.5-108. Declaring office of member or alternate vacant. The commissioner shall immediately declare the office of any member or alternate of the board vacant whenever the commissioner finds that: The member or alternate no longer is actively engaged in the production of sheep; the member or alternate has become a resident of another state; or the member or alternate is unable to perform the duties of the office.
C.R.S. § 35-53-103 — CO Code / Title 35 / Article 53 / Section 35-53-103
35-53-103. False report - certificate - penalty
Status: in_force

35-53-103. False report - certificate - penalty. Any inspector who knowingly makes any false certificate under the provisions of section 35-53-102 to the state board of stock inspection commissioners commits a class 2 misdemeanor.
C.R.S. § 35-11-109 — CO Code / Title 35 / Article 11 / Section 35-11-109
35-11-109. Replacement or modification of equipment
Status: in_force

35-11-109. Replacement or modification of equipment. Any permit holder who replaces, alters, or modifies or who authorizes the replacement, alteration, or modification of chemigation equipment for an irrigation system which has been issued a chemigation permit shall notify the department within seven days of such replacement, alteration, or modification. Such notification shall be on a form provided by the department. The permit holder shall certify that the irrigation system as replaced, altered, or modified continues to comply with the provisions of this article.
C.R.S. § 35-27.3-109 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-109
35-27.3-109. Inspections - access - investigations - subpoenas
Status: in_force

35-27.3-109. Inspections - access - investigations - subpoenas. (1) The commissioner, upon the commissioner's own motion or upon the recommendation of an independent auditor pursuant to section 35-27.3-106 (2), may make an investigation necessary to determine compliance with this article.

(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 inspect any records required to be kept pursuant to this article.

(b) The commissioner may make copies of any records inspected pursuant to 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 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 a 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) may be punishable as 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. § 35-7-103 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-103
35-7-103. Rodent pest control fund - creation
Status: in_force

35-7-103. Rodent pest control fund - creation. (1) For the purpose of carrying out the provisions of this part 1, there is hereby created the rodent pest control fund. To insure continuity of contractual relations with the federal agency, said fund shall be permanent, and the same, together with all appropriations and all reimbursements or accretions thereto, from whatever source derived, is appropriated to carry out the purposes of this part 1.

(2) All disbursements from the fund shall be by warrants drawn by the controller upon itemized vouchers certified by the federal agency as to correctness and approved by the department which shall approve the vouchers for all lawful expenses incurred in carrying out the purposes of this part 1 and in accordance with the terms of any cooperative agreements entered into by the department with the federal agency.
C.R.S. § 35-43-119 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-119
35-43-119. Stock mixed with drove - penalty
Status: in_force

35-43-119. Stock mixed with drove - penalty. When the stock of any resident intermixes with any drove of animals, it is the duty of any drovers or persons in charge to cut out and separate such stock from said drove immediately, except in case of sheep and horses, which shall be driven to the nearest suitable corral to be separated. Any person, either owner or drover, or otherwise connected with the management of such drove, who neglects to comply with the provisions of this section, shall be fined not more than five hundred dollars for every offense, and shall be liable to indictment for theft.
C.R.S. § 35-41.5-102 — CO Code / Title 35 / Article 41.5 / Section 35-41.5-102
35-41.5-102. Definitions
Status: in_force

35-41.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Alternative livestock" means any domesticated elk or fallow deer as such are classified as alternative livestock pursuant to this article. Alternative livestock shall not be considered wildlife for purposes of this article.

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

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

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

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

(6) "Escaped alternative livestock" means an animal not within the control or under the direction of a licensee or a licensee's designee.

(7) "License" means an alternative livestock farm license.

(8) "Licensee" means a person, company, corporation, limited liability company, or partnership.
C.R.S. § 35-53-115 — CO Code / Title 35 / Article 53 / Section 35-53-115
35-53-115. Inspection and transportation of hides - fee - records
Status: in_force

35-53-115. Inspection and transportation of hides - fee - records. (1) It is unlawful for any person, firm, corporation, railroad company, or other common carrier to transport or cause to be transported within this state or beyond the limits of this state any hides that have not been inspected and tagged by a duly authorized brand inspector of the state board of stock inspection commissioners for the district in which such hides are shipped. A certificate of inspection as provided for in section 35-53-102 shall accompany all shipments and shall be exhibited by the carrier or his or her agent at any time upon demand of any inspector or peace officer. For each hide thus inspected there shall be paid by the owner or holder thereof a fee in the amount prescribed by the board, pursuant to section 35-41-104, to the inspector before he or she issues the hide inspection certificate authorizing the transportation of such hides.

(2) Each inspector of hides shall keep a complete record of all inspections made by such inspector and shall forward to the state board of stock inspection commissioners, together with the fee collected, on blanks furnished for that purpose, a complete report of each inspection, giving the names of the purchasers and shippers of the hides, as well as all of the brands thereon. Said report and fee so collected shall be reported and transmitted to said board at such time and in such manner as the board shall by regulation require, and said report shall be preserved by the brand commissioner as part of the records of such commissioner's office. This section shall not apply to slaughter plants or packinghouses where all cattle are inspected immediately prior to slaughter by a duly authorized brand inspector of the state board of stock inspection commissioners.
C.R.S. § 35-77-104 — CO Code / Title 35 / Article 77 / Section 35-77-104
35-77-104. Registration required - rules
Status: in_force

35-77-104. Registration required - rules. (1) Except as provided in section 35-77-103, a farm, including a farm that is incorporated into another business, shall register with the commissioner if the farm conducts covered activity and the produce sold during the previous three years by the farm has an average annual monetary value of more than twenty-five thousand dollars, as adjusted for inflation by the FDA under 21 CFR 112, using 2011 as the baseline year for calculating the adjustment. The amount that triggers registration is calculated on a rolling basis.

(2) Each time the FDA changes the amount of sales that triggers registration, the commissioner shall promulgate a rule setting forth the new amount of sales that triggers registration.
C.R.S. § 35-14-120 — CO Code / Title 35 / Article 14 / Section 35-14-120
35-14-120. Declaration of unit price on random-weight packages
Status: in_force

35-14-120. Declaration of unit price on random-weight packages. In addition to the declarations required by section 35-14-118, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.
C.R.S. § 35-50-101 — CO Code / Title 35 / Article 50 / Section 35-50-101
35-50-101. Short title
Status: in_force

35-50-101. Short title. This article shall be known and may be cited as the "Livestock Health Act".
C.R.S. § 35-21-203 — CO Code / Title 35 / Article 21 / Part 2 / Section 35-21-203
35-21-203. Enclosure requirements - repeal
Status: repealed

35-21-203. Enclosure requirements - repeal. (1) (a) (I) On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen.

(II) This subsection (1)(a) is repealed, effective January 1, 2025.

(b) On and after January 1, 2025, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure:

(I) That is not a cage-free housing system; or

(II) That has less than:

(A) One square foot of usable floor space per egg-laying hen in a cage-free housing system that provides egg-laying hens with unfettered access to vertical space, such as a multi-tiered aviary or a partially slatted system; or

(B) One and one-half square feet of usable floor space per egg-laying hen in a cage-free housing system that does not provide egg-laying hens with unfettered access to vertical space, such as a single-level all-litter floor system.

(2) (a) A business owner or operator shall not knowingly sell or transport for sale in the state a shell egg or egg product that the business owner or operator knows or should know was produced by an egg-laying hen that was confined in a manner that conflicts with the standards required in subsection (1) of this section.

(b) (I) This subsection (2) takes effect January 1, 2023.

(II) This subsection (2)(b) is repealed, effective January 1, 2025.

(3) For the purposes of this part 2, a sale is deemed to occur at the location where the buyer takes physical possession of the item.
C.R.S. § 35-36-301 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-301
35-36-301. Legislative declaration
Status: in_force

35-36-301. Legislative declaration. The general assembly hereby declares that farm products are commodities affected with a public interest and thus should be regulated for the protection of both the producer and the consumer.
C.R.S. § 35-11-110 — CO Code / Title 35 / Article 11 / Section 35-11-110
35-11-110. Failure to pass inspection - summary suspension - repair orders
Status: in_force

35-11-110. Failure to pass inspection - summary suspension - repair orders. (1) A permit holder operating any irrigation system which does not pass an inspection due to the failure to have installed and operating any device required by section 35-11-107 or the failure to properly install such a device shall have such permit summarily suspended by the inspector at the time of the inspection. Such summary suspension shall be subject to proceedings for suspension and revocation of the permit by the commissioner in accordance with the applicable provisions of article 4 of title 24, C.R.S. Any irrigation system which has had its permit suspended or revoked shall not be used for chemigation until such irrigation system has been inspected and a reinstatement fee paid. Such reinstatement fee shall be in an amount which is double the amount of the permit fee plus the amount of the inspection fee.

(2) A permit holder operating any irrigation system which does not pass an inspection because of a defect in any device which is properly installed shall be subject to a repair order issued by the inspector at the time of inspection. The permit holder shall remedy the defect within sixty days of the issuance of the order, and the inspector shall reinspect the irrigation system within ninety days of the issuance of the repair order. Any irrigation system subject to a repair order shall not be used for chemigation until the irrigation system is reinspected and the defect remedied. A fee may be charged or collected for the reinspection in specified circumstances described in the rules and regulations.
C.R.S. § 35-53-121 — CO Code / Title 35 / Article 53 / Section 35-53-121
35-53-121. Owners' transportation permit
Status: in_force

35-53-121. Owners' transportation permit. It is unlawful for any person to transport or carry live sheep, swine, goats, horses, mules, domestic fowl, or the carcasses thereof upon any public highway of the state of Colorado or over or across any lands of which the one so transporting said animals is not the owner, lessee, or tenant without the written permission of the owner of said livestock or domestic fowl, or the carcasses thereof, for such transportation. Such permit shall contain the name of the owner of said livestock or domestic fowl, ages, sex, and brands thereon, if any, the date of transportation, the points of origin and destination of the shipment, and the person to whom consigned.
C.R.S. § 35-65-103 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-103
35-65-103. Displays
Status: in_force

35-65-103. Displays. All universities, colleges, local district colleges, and stations established for experimental purposes may aid and encourage in every way possible complete displays of their respective departments at the annual exhibition of the Colorado state fair and industrial exposition.
C.R.S. § 35-14-109 — CO Code / Title 35 / Article 14 / Section 35-14-109
35-14-109. Contract services
Status: repealed

35-14-109. Contract services. (Repealed)
C.R.S. § 35-61-105.5 — CO Code / Title 35 / Article 61 / Section 35-61-105.5
35-61-105.5. Authorized samplers - lot sampling - testing laboratories
Status: in_force

35-61-105.5. Authorized samplers - lot sampling - testing laboratories. (1) The commissioner shall establish a registration and certification program for authorized samplers.

(2) (a) The commissioner shall develop hemp sampling and testing procedures to sample and test one hundred percent of the hemp lots planted each year. Each registered land area, including each lot within a registered land area, must be inspected and sampled to ensure compliance with all requirements of this article 61 and to determine the total THC content.

(b) An authorized sampler, or employee of the department, shall collect samples of flower material from all lots grown on the registered land area.

(c) A registrant shall not harvest the hemp crop prior to samples being collected.

(d) An authorized sampler shall submit collected samples to a state certified industrial hemp testing laboratory.
C.R.S. § 35-23.5-103 — CO Code / Title 35 / Article 23.5 / Section 35-23.5-103
35-23.5-103. Voluntary inspection of facility - rules - fee
Status: in_force

35-23.5-103. Voluntary inspection of facility - rules - fee. The commissioner may inspect a controlled atmosphere storage facility upon request by the operator or under conditions set forth in rules adopted by the commissioner pursuant to sections 24-4-103, C.R.S., and 35-23.5-104. The commissioner may fix, assess, and collect fees in amounts that cover actual costs associated with inspection and the issuance of certificates of inspection.
C.R.S. § 35-65-303 — CO Code / Title 35 / Article 65 / Part 3 / Section 35-65-303
35-65-303. Sale of bonds
Status: in_force

35-65-303. Sale of bonds. (1) Any bonds issued pursuant to the terms of this part 3 may be sold at public or private sale.

(2) If bonds are to be sold at a public sale, the board shall advertise the sale in such manner as the board deems appropriate.

(3) Each bond issued pursuant to the terms of this section shall be sold at the price, in the manner, and at such time as the board shall designate. The board may pay any fees, expenses, or commissions which it deems necessary or desirable to accomplish the sale of said bonds. The authority to fix the date of sale of the bonds, to receive bids or proposals, to award and sell bonds, to fix interest rates, and to take all other actions necessary to sell and deliver bonds may be delegated to an officer or agent of the authority.

(4) Pending preparation of the actual bonds, interim receipts or certificates may be issued to the purchaser of the bonds in such form and containing such provisions as the board deems appropriate.
C.R.S. § 35-49-111 — CO Code / Title 35 / Article 49 / Section 35-49-111
35-49-111. When conduits not required
Status: in_force

35-49-111. When conduits not required. Where, in the judgment of the state engineer, tanks upon any stream and its tributaries do not require conduits for purposes of safety or the protection of prior livestock water tank rights, it is lawful for the state engineer to approve an application not calling for conduits. Nothing in this section shall abrogate the right of any owner of a vested water right or appropriation of water to require such conduits in any case where necessary to protect such senior right.
C.R.S. § 35-70-108 — CO Code / Title 35 / Article 70 / Section 35-70-108
35-70-108. Powers and duties of districts
Status: repealed

35-70-108. Powers and duties of districts. (1) A conservation district, in the exercise of its public powers, has the following powers and duties in addition to others granted in this article, which powers and duties may be exercised by the supervisors subject to the rules, regulations, and bylaws adopted by such district and to the direction of the qualified voters at any regular or regularly called special meeting of the district:

(a) To conduct surveys, investigations, and research relating to the character of soil conservation and the preventive and control measures needed. In order to avoid duplication of research activities, such work, where possible, shall be conducted in cooperation with the government of this state or any of its agencies or with the United States or any of its agencies.

(b) To conduct demonstrational projects within the district on lands owned or controlled by the United States or the state of Colorado or any of their agencies, with the consent of the agency administering and having jurisdiction thereof, and on any privately owned lands within the district, upon obtaining the consent of the owner of such lands;

(c) To erect structures and maintain any facilities to arrest or prevent the erosion of soils or lands within such district by reason of wind or water or from any other cause;

(d) To cooperate or enter into agreements with and, within the limit of its available funds, to furnish financial or other aid to any agency, governmental or otherwise, or any owner or occupant of lands within the district in the carrying on of erosion control, flood control, and water conservation practices within the district, subject to such conditions as the supervisors may deem necessary to advance the purpose of this article;

(e) To obtain options upon and to acquire or acquire control of, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to acquire real property or any interest therein by eminent domain under the provisions of articles 1 to 7 of title 38, C.R.S., for projects designed exclusively for flood control, or sediment control, or both, as authorized under Public Law 566, enacted by the eighty-third congress (1954), but such power of eminent domain shall not be exercised by any district unless and until not less than two-thirds of the resident landowners owning at least fifty percent of the privately owned lands within the watershed area, as established by the watershed work plan map, shall, by petition filed with the supervisors of the district, approve the exercise of such power for any specified project; to maintain, administer, and improve any properties acquired, to receive income from such properties, and to expend such income in carrying out the purposes of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes of this article;

(f) To make available to landowners and occupants within the district, on such terms as it shall prescribe, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment as will assist such landowners or occupants to carry on operations upon their lands for the conservation of soil or water resources and for the prevention and control of soil erosion and floods;

(g) Repealed.

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

(i) To take over, by purchase, lease, or otherwise, and to administer any soil conservation, erosion control, or erosion prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies or of this state or any of its agencies, any soil conservation, erosion control, or erosion prevention project within its boundaries; and to act as agent for the United States or any of its agencies or for this state or any of its agencies in connection with the acquisition, construction, operation, or administration of any soil conservation, erosion control, or erosion prevention project within its boundaries;

(j) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; to have perpetual succession unless terminated as provided in this article; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, rules and regulations, not inconsistent with this article, to carry into effect its purposes and powers;

(k) To prepare a plan for the care, treatment, and operation of the lands within the district. This plan may be known as the district program and plan of work and shall establish in general its objectives and serve as a guide for carrying out its work to attain its objectives. This plan, from time to time, may be amended to meet the needs of the district.

(l) To cause annual audits to be made in accordance with the "Colorado Local Government Audit Law";

(m) To make contributions of information, data, statistics, funds, or other contributions valuable in the furtherance of land conservation to any state association or other organization representing the interests of conservation districts in the state in the accomplishment of that purpose;

(n) To sponsor, plan, construct, maintain, and operate flood prevention and watershed improvement projects for the development, conservation, control, and utilization of water resources and, in so doing, to have and exercise all of the authority and power otherwise granted in this article;

(o) To participate in the formulation and implementation of nonpoint source water pollution control programs related to agricultural practices in order to implement programs required or authorized under federal law and section 25-8-205 (5), C.R.S., enter into contracts and agreements, accept funds from any federal, state, or private sources, receive grants or loans, participate in education and demonstration programs, construct, operate, maintain, or replace facilities, and perform such other activities and adopt such rules and policies as the board deems necessary or desirable in connection with nonpoint source water pollution control programs related to agricultural practices.
C.R.S. § 35-38-103 — CO Code / Title 35 / Article 38 / Section 35-38-103
35-38-103. Prohibited acts
Status: in_force

35-38-103. Prohibited acts. (1) It is a violation of this article for a supplier to:

(a) Coerce or compel an equipment dealer to enter into a written or oral agreement that is supplementary to an existing dealer agreement with the supplier unless that agreement is imposed on all other similarly situated dealers in this state;

(b) (I) Refuse to deliver, within a reasonable time after receipt of an order, equipment covered by the dealer agreement specifically represented by the supplier to be available for immediate delivery, if such equipment is available in reasonable quantities.

(II) This paragraph (b) shall not apply if failure is due to any of the following:

(A) Restrictions on the extension of credit by the supplier to the equipment dealer;

(B) A breach of or a default under the agreement by the equipment dealer;

(C) An act of God;

(D) Work stoppage or delay due to a strike or labor difficulty;

(E) A bona fide shortage of materials; or

(F) Other causes over which the supplier has no control.

(c) Terminate, cancel, or fail to renew a dealer agreement or to substantially change the competitive circumstances of the dealer agreement without cause;

(d) Require as a condition of renewal or extension of a dealer agreement that the dealer complete substantial renovation to the dealer's place of business or to acquire new or additional space to serve as the dealer's place of business unless the supplier provides:

(I) At least one year's written notice of such condition;

(II) All of the grounds supporting this condition; and

(III) A reasonable period of time in which to complete the renovation or acquisition after the one-year notice period expires;

(e) (I) Discriminate in the prices charged for equipment of like grade and quantity sold by the supplier to similarly situated dealers in this state.

(II) Nothing in this paragraph (e) shall be construed to:

(A) Prevent the use of differentials that result from the differing quantities in which equipment is sold or delivered and does not prevent a supplier from offering a lower price in order to meet a competitor's equally low price or the services or facilities furnished by a competitor; or

(B) Apply to sales to an equipment dealer for resale to a unit or agency of the United States government, this state or its political subdivisions, a major fleet account, or an organization for testing or demonstration purposes.

(f) Prevent, by any means, an equipment dealer from changing the capital structure of the equipment dealership or the means by which the dealership is financed, if the dealer meets reasonable capital standards imposed by the supplier or as otherwise agreed to between the dealer and the supplier at all times and this change does not cause a change of the controlling interest in the executive management or the board of directors or of a guarantor of the dealership;

(g) (I) Prevent, by any means, an equipment dealer or any officer, member, partner, or stockholder of a dealer from selling or transferring any part of the interest of the officer, member, partner, or stockholder to any other person.

(II) No dealer, officer, partner, member, or stockholder may sell, transfer, or assign the equipment dealership or power of management or control of the dealership without the written consent of the supplier.

(III) If a supplier determines that the designated transferee is not acceptable, the supplier shall provide the dealer with written notice of the supplier's objection and the specific reasons for withholding its consent.

(h) Require an equipment dealer to assent to a release, assignment, novation, waiver, or estoppel that would relieve a person from complying with this article;

(i) (I) Withhold reasonable consent to the transfer of the equipment dealer's interest in the dealership to a member of the dealer's or the principal owner's family, if such equipment dealer or the principal owner of the dealership dies and the family member meets the reasonable financial, business, ability, experience, and character standards of the supplier.

(II) If the supplier determines that a family member does not meet the supplier's standards, the supplier shall provide the dealer's representative with written notice of the supplier's specific objections. A supplier has ninety days to consider a request to make a transfer.

(III) For the purposes of this paragraph (i), "family member" means a spouse, parent, sibling, child, stepchild, son-in-law, or daughter-in-law and any lineal descendant and includes an adopted child and any lineal descendant of such child.

(IV) Notwithstanding subparagraph (I) of this paragraph (i), if a supplier and dealer have executed an agreement concerning succession rights before the dealer's death and that agreement has not been revoked or otherwise terminated by either party, such agreement shall control the terms of succession.

(2) Notwithstanding paragraphs (g) and (i) of subsection (1) of this section, a supplier may withhold consent to a transfer of interest in a dealership if the dealer's area of responsibility or trade area does not afford sufficient sales potential to reasonably support the dealer. The supplier has the burden of demonstrating this fact.
C.R.S. § 35-3-108 — CO Code / Title 35 / Article 3 / Section 35-3-108
35-3-108. Districts and communities
Status: in_force

35-3-108. Districts and communities. (1) The department shall designate within the state five agricultural districts. As far as practicable, such districts shall be so constituted as to contain approximately equal numbers of agricultural producers. Such districts shall include in the aggregate all of the land in the state.

(2) The department shall also designate within each county of this state such geographic units, which shall be called communities, as it determines to be the most convenient for the administration of this article and of state plans adopted pursuant to this article, and it shall establish the boundaries of such communities.

(3) The department may revise the boundaries of such agricultural districts and of such communities, in conformity with the respective standards prescribed in this article, at such times as it finds that such revision is necessary either to cause such districts or communities, or both, to conform to said standards or to provide for the more substantial or more efficient accomplishment of the purposes of this article.
C.R.S. § 35-52-104 — CO Code / Title 35 / Article 52 / Section 35-52-104
35-52-104. Disposition of copies of affidavit
Status: repealed

35-52-104. Disposition of copies of affidavit. (Repealed)
C.R.S. § 35-44-107 — CO Code / Title 35 / Article 44 / Section 35-44-107
35-44-107. Custody of estray - claimant
Status: in_force

35-44-107. Custody of estray - claimant. When any person takes into his custody any estray animal and sends a description of the same to the state board of stock inspection commissioners, said person shall be entitled to hold same lawfully until relieved of its custody by the state board of stock inspection commissioners. Should a claimant for said animal apply to the person who has custody of the estray for possession of the same, the said person shall at once notify the state board of stock inspection commissioners in writing of such application, and should the said board be satisfied that said applicant is the rightful owner, it shall forthwith issue an order authorizing said person in custody to deliver the estray to the owner, who may be required to pay any reasonable charges made by said person in custody. In case of a controversy as to what constitutes a reasonable charge, the state board of stock inspection commissioners shall fix the amount. The time of service for which said person may claim remuneration commences upon the date of notification made by the said person to the state board of stock inspection commissioners.
C.R.S. § 35-24.5-108 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-108
35-24.5-108. Delegation of duties - cooperative agreements
Status: in_force

35-24.5-108. Delegation of duties - cooperative agreements. (1) The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

(2) After thorough consultation with the board, the department may receive and expend grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any agency of this state or its political subdivisions for the purposes of this article.
C.R.S. § 35-75-121 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-121
35-75-121. Agreement of the state not to limit or alter rights of obligees
Status: in_force

35-75-121. Agreement of the state not to limit or alter rights of obligees. The state hereby pledges to and agrees with the holders of any bonds, notes, or other obligations issued under this article and with those parties who may enter into contracts with the authority pursuant to the provisions of this article that the state will not limit, alter, restrict, or impair the rights vested in the authority to fulfill the terms of any agreements made with the holders of bonds, notes, or other obligations authorized and issued pursuant to this article and with the parties who may enter into contracts with the authority pursuant to this article. The state further agrees that it will not in any way impair the rights or remedies of the holders of such bonds, notes, or other obligations of such parties until such bonds, notes, and other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this article precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes, or other obligations of the authority or those entering into such contracts with the authority. The authority may include this pledge and undertaking for the state in such bonds, notes, or other obligations and in such contracts.
C.R.S. § 35-50-120 — CO Code / Title 35 / Article 50 / Section 35-50-120
35-50-120. Information sharing and analysis
Status: in_force

35-50-120. Information sharing and analysis. (1) Except as set forth in subsection (2) of this section, information obtained and maintained by the commissioner pursuant to this article and rules promulgated pursuant to this article and the results of surveillance and investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until the matter is dismissed without further action or until a quarantine is issued.

(2) As to any enforcement actions taken or the imposition of civil penalties, complaints of record made to the commissioner and the results of the commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection, 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 respondent or other official action is taken.
C.R.S. § 35-75-125 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-125
35-75-125. Federal social security act
Status: in_force

35-75-125. Federal social security act. The authority may take such action as it deems appropriate to enable its employees to come within the provisions and obtain the benefits of the federal "Social Security Act", as from time to time amended.
C.R.S. § 35-50-115 — CO Code / Title 35 / Article 50 / Section 35-50-115
35-50-115. Cervidae disease revolving fund - creation
Status: in_force

35-50-115. Cervidae disease revolving fund - creation. (1) (a) The commission may levy an assessment on the owners of alternative livestock cervidae or captive wildlife cervidae, which shall be transmitted to the state treasurer, who shall credit the same to the cervidae disease revolving fund, which fund is hereby created. The commission shall determine the assessment. The assessment must be in an amount, not to exceed eight dollars per head of cervidae per year, reflecting the direct and indirect expenses of carrying out the purposes of this section. The commission shall administer the fund, which must be maintained at a level of no more than two hundred thousand dollars. Administration of the fund includes setting a minimum reserve level for the fund. The commission shall not levy or collect an assessment on cervidae owned by a zoological park that is accredited by the American zoo and aquarium association. A zoological park that does not pay into the fund is not eligible for indemnification pursuant to this section.

(b) If the fund reaches a level of two hundred thousand dollars or more, the commission shall cease making any assessments until such time as the level of the fund falls below two hundred thousand dollars and the commission determines that a levy is necessary.

(2) (a) The moneys in the fund may be used to indemnify owners of cervidae destroyed for the control of contagious and infectious diseases.

(b) Combined state and federal indemnity must not exceed eighty percent of market value of the destroyed cervidae, as determined by the commission.

(c) The amount of indemnification payments to owners of cervidae destroyed under order of the state veterinarian for the control of contagious and infectious disease shall be determined by the commission.

(3) All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall be a part of the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly, acting by bill. Moneys in the fund are hereby continuously appropriated to the commission for direct and indirect expenses incurred in carrying out the purposes of this section.
C.R.S. § 35-27.3-112 — CO Code / Title 35 / Article 27.3 / Section 35-27.3-112
35-27.3-112. Repeal of article - review of functions
Status: repealed

35-27.3-112. Repeal of article - review of functions. This article 27.3 is repealed, effective September 1, 2028. Before the repeal, the certification functions of the commissioner are scheduled for review in accordance with section 24-34-104.
C.R.S. § 35-53-132 — CO Code / Title 35 / Article 53 / Section 35-53-132
35-53-132. Failure to give notice
Status: in_force

35-53-132. Failure to give notice. Any owner or foreman who segregates, forms flocks of, transports, or drives any sheep from authorized inspection districts without giving due notice to an authorized inspector as required by section 35-53-131 (3) commits a petty offense.
C.R.S. § 35-23-107 — CO Code / Title 35 / Article 23 / Section 35-23-107
35-23-107. Appeal to change regulations and grades
Status: in_force

35-23-107. Appeal to change regulations and grades. On receipt of a written appeal by representative growers or shippers representing at least fifty-one percent of the acreage of the commodity for which grades, grading rules, regulations, or standard packages have been established by the commissioner under the provisions of this section and section 35-23-106, protesting against the grades, grading rules, regulations, or standard packages so established, the commissioner shall call a hearing. Due notice shall be given by the commissioner to all interested parties of the date and place of such hearing, and the grades, grading rules, regulations, or standard packages shall be sustained, modified, or revoked, in the discretion of the commissioner on the basis of the evidence presented. If such grades, grading rules, regulations, or standard packages are not changed or modified by the commissioner, in accordance with the provisions of this section and section 35-23-106, they shall continue to be in full force and effect. Grades, grading rules, regulations, and standard packages, established under the provisions of this section and section 35-23-106, shall be promulgated by the commissioner and published at least once in one or more newspapers or farm journals of general circulation in the state.
C.R.S. § 35-21-105 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-105
35-21-105. Exemption - rules
Status: in_force

35-21-105. Exemption - rules. (1) (a) Except as provided in subsection (2) of this section, a person who produces and sells only on the premises at which the poultry eggs were produced, at a farmers' market, or through a community-supported agricultural organization, less than two hundred fifty dozen poultry eggs per month is exempt from this part 1; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.

(b) The commissioner may promulgate rules exempting small producers of other eggs or dealers of other eggs from any provision of this part 1 and setting the conditions for the exemption; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.

(2) A person transporting eggs for sale at a farmers' market or similar venue under subsection (1) of this section shall:

(a) Comply with the transport requirements of section 35-21-103 (3) and any rules, including rules requiring refrigeration, promulgated under this part 1 regarding the safe transport and washing of eggs; and

(b) Affix to the egg package a label containing the address at which the eggs originated and the date on which the eggs were packaged. Any eggs not treated for salmonella must also include the following statement on the package: "Safe Handling Instructions: To prevent illness from bacteria, keep eggs refrigerated, cook eggs until yolks are firm, and cook any foods containing eggs thoroughly. These eggs do not come from a government-approved source."
C.R.S. § 35-61-108 — CO Code / Title 35 / Article 61 / Section 35-61-108
35-61-108. Exportation of industrial hemp - processing, sale, manufacturing, and distributi
Status: in_force

35-61-108. Exportation of industrial hemp - processing, sale, manufacturing, and distribution - rules. (1) Nothing in this article 61 limits or precludes the exportation of industrial hemp in accordance with the federal "Controlled Substances Act", as amended, 21 U.S.C. sec. 801 et seq., federal regulations adopted under the act, and case law interpreting the act.

(2) The conduct authorized under this section is intended to be consistent with federal law.

(3) Notwithstanding any other provision of law, a person engaged in processing, manufacturing, selling, transporting, possessing, or otherwise distributing industrial hemp cultivated by a person registered under this article 61, or selling industrial hemp products produced from it, is not subject to any civil or criminal actions under Colorado law for engaging in such activities. The department may promulgate rules to require approved shipping documentation for the transportation of hemp.

(4) (a) Because the unprocessed seeds of industrial hemp are included in the definition of "commodity" pursuant to section 35-36-102 (7) of the "Commodity Handler and Farm Products Act", article 36 of this title 35, a person acting as a commodity handler, as that term is defined in section 35-36-102 (8), with respect to the unprocessed seeds of industrial hemp, shall comply with the licensing requirements set forth in part 2 of article 36 of this title 35 and any rules promulgated pursuant to article 36 of this title 35.

(b) Because industrial hemp is included in the definition of "farm products" pursuant to section 35-36-102 (14) of the "Commodity Handler and Farm Products Act", article 36 of this title 35, a person acting as a dealer, small-volume dealer, or agent, as those terms are defined in section 35-36-102, with respect to industrial hemp, shall comply with the licensing requirements set forth in part 3 of article 36 of this title 35 and any rules promulgated pursuant to article 36 of this title 35.
C.R.S. § 35-14-115 — CO Code / Title 35 / Article 14 / Section 35-14-115
35-14-115. Machine vended commodities
Status: in_force

35-14-115. Machine vended commodities. (1) Each vending machine which dispenses commodities in package form shall indicate:

(a) Proper identity;

(b) Net quantity; and

(c) Name, address, and telephone number of the vendor or of the responsible party.

(2) The requirements for product identity and net quantity can be met either by display of the package or by information posted on the outside of the machine.
C.R.S. § 35-45-110 — CO Code / Title 35 / Article 45 / Section 35-45-110
35-45-110. Purposes of fund
Status: in_force

35-45-110. Purposes of fund. The money deposited in the range improvement fund of any county shall be expended within such county for such purposes as may be directed by the board of district advisers of such grazing district or by the board of county commissioners in counties where there is no grazing district, including range improvements and maintenance, predatory animal control, rodent control, poisonous or noxious weed extermination, the purchase or rental of land and water rights, or for the purpose of the general welfare of livestock grazing within the district, or for any similar purpose.
C.R.S. § 35-57.5-107 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-107
35-57.5-107. Terms of members and alternates
Status: in_force

35-57.5-107. Terms of members and alternates. (1) The appointments of members and alternates to the Colorado sheep and wool board shall be made on or before July 1, 1997. Four members shall be appointed for terms of one year, four members shall be appointed for terms of two years, and four members shall be appointed for terms of three years. Thereafter, all appointments shall be for three-year terms.

(2) Upon the expiration of the term of a member and such member's alternate as provided in subsection (1) of this section, their reappointment or successors shall be appointed by the commissioner for a term of three years; except that, in the case of a vacancy of a member, such member's appointed alternate shall serve the balance of the member's unexpired term, and, in the case of a vacancy of an alternate, the commissioner shall appoint a person as provided in section 35-57.5-105 (3) who shall serve for the unexpired term.
C.R.S. § 35-7-110 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-110
35-7-110. State reimbursed for actual cost
Status: in_force

35-7-110. State reimbursed for actual cost. All poisons or other materials for such control furnished by the state to such cooperators shall be supplied at actual cost, and the state shall be reimbursed by such cooperators, landowners, lessees, or contract holders for the actual cost of materials and labor, other than supervision, expended by the state in such treatment under cooperative agreements with them. Such reimbursement shall be made by each owner, lessee, or contract holder in the proportion that the number of acres of land treated for him or her bears to the total acreage treated in the area designated for treatment or according to such equitable proportion or plan as shall be provided for in the agreement. Any such agreement shall require full reimbursement to be made to the state within thirty days after presentation by the department, or its agents, of an itemized account therefor.
C.R.S. § 35-21-102 — CO Code / Title 35 / Article 21 / Part 1 / Section 35-21-102
35-21-102. Importation, classification, and grades
Status: in_force

35-21-102. Importation, classification, and grades. (1) All shell eggs shall be edible eggs, and shall be candled and graded into Colorado consumer grades.

(2) The consumer grades and weight classes for shell eggs, and standards for quality of individual shell eggs, shall be based on the United States department of agriculture grades and weight classes for shell eggs and standards for quality of individual shell eggs. The commission may adopt regulations as applicable and necessary to conform to current United States department of agriculture regulations for shell eggs.

(3) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 225, § 8, effective July 1, 2009.)

(4) A copy of the United States department of agriculture regulations governing the grading of shell eggs and United States standards, grades, and weight classes for shell eggs shall be kept on file in the office of the commissioner and shall be open to public inspection during normal business hours.
C.R.S. § 35-29.5-101.5 — CO Code / Title 35 / Article 29.5 / Section 35-29.5-101.5
35-29.5-101.5. Legislative declaration
Status: in_force

35-29.5-101.5. Legislative declaration. The general assembly hereby finds, determines, and declares that Colorado has a substantial interest in promoting the development of a viable and stable wine industry in this state. The general assembly further finds, determines, and declares that grape cultivation is closely related to fruit cultivation carried out in various parts of Colorado; that grape cultivation and wine production are a logical supplement to, and development of, existing agricultural business conducted in the state; that wine production has become a significant industry in other states because of the action of state and local governments in those areas to foster development of the industry; that a viable wine industry can enhance Colorado's tourist industry; that some aspects of wine industry development can best be accomplished by an industry-wide approach rather than by individual producers, such as conducting scientific research and disseminating and publishing the results of such research, promoting Colorado wines as distinct from those produced in other regions, and promoting awareness of responsible consumption of wine; and that the state should aid Colorado's wine industry through research and promotion to allow the industry to realize its full potential in this state.
C.R.S. § 35-65-406 — CO Code / Title 35 / Article 65 / Part 4 / Section 35-65-406
35-65-406. Annual reports
Status: in_force

35-65-406. Annual reports. (1) Notwithstanding section 24-1-136 (11)(a)(I), the Colorado state fair authority and its board of commissioners shall submit copies of an annual report to the governor and the members of the general assembly on or before January 31 of each year or within ten business days after the legislative audit committee, or a successor committee, releases the Colorado state fair authority's financial audit, whichever is later. The report must include the following information for the fiscal year ending in the calendar year before the annual report is submitted and for the fiscal year preceding the fiscal year prepared in a comparison format and in accordance with generally accepted accounting principles:

(a) A statement of revenues and expenses resulting from:

(I) Operation of the annual Colorado state fair and industrial exposition events; and

(II) Operation of events on any of the facilities at the Colorado state fair and exposition that are not annual Colorado state fair and industrial exposition events;

(b) A statement of the financial position of the Colorado state fair and industrial exposition as of June 30 of each such fiscal year;

(c) A statement of outstanding revenue bonds issued by the board, including evidence of compliance with applicable bond covenants;

(d) A statement of cash flow for the Colorado state fair and industrial exposition;

(e) A summary of attendance for the Colorado state fair and industrial exposition;

(f) The number of annual Colorado state fair and industrial exposition events and the number of events operated on any of the facilities of the Colorado state fair and industrial exposition that were not Colorado state fair and industrial exposition events; and

(g) A statement of revenues and expenses resulting from the operation of the annual Colorado state fair and industrial exposition for the most recent period ending September 30, including a summary of attendance.

(2) The annual report submitted pursuant to this section shall include any recommendations for change in the statutes that the board or manager deems necessary or desirable, including but not limited to any change to part 14 of article 30 of title 24, C.R.S., and the "Procurement Code", articles 101 to 112 of title 24, C.R.S., necessary or desirable due to the unique nature of the Colorado state fair and industrial exposition.

(3) The report shall be public.
C.R.S. § 35-72-105 — CO Code / Title 35 / Article 72 / Section 35-72-105
35-72-105. Method of assessment
Status: in_force

35-72-105. Method of assessment. (1) Upon the completion of the treatment caused to be performed by the board as provided in section 35-72-103, the board shall, by resolution, determine what land benefits and from which soil is blowing and assess against the owner of the benefited land the actual cost of the treatment not in excess of forty dollars per acre or the actual cost of treatment, whichever is less, in one calendar year. The board shall record the resolution in the minutes of the board, deliver the original to the county assessor, and send a copy by registered mail to the landowner at the address shown on the records of the county assessor and to the occupier, if known to the board.

(2) Upon delivery of said resolution to the assessor, he shall extend the same upon the assessment rolls, and said assessment shall thereupon become a part of the general taxes and constitute a lien against said land as set forth in said resolution and shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax. Such assessment may be paid at any time before general taxes become due and payable. 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 assessor.

(3) All such amounts collected shall be transmitted to the county treasurer, who shall credit the same to the county general fund in order to reimburse those funds which were expended by the board of county commissioners in carrying out the treatment action as authorized by this article. The county treasurer shall not be entitled to collect any fees for the collection of such assessments.
C.R.S. § 35-55-112 — CO Code / Title 35 / Article 55 / Section 35-55-112
35-55-112. Brand inspection
Status: in_force

35-55-112. Brand inspection. (1) All cattle, horses, mules, and burros, upon entering a public livestock market, shall be inspected for iron brands, earmarks, and other identifying characteristics before being offered for sale. A bill of sale signed by the recorded owner of the brands or no brands or an account of sale showing the brands or no brands on the livestock consigned shall be produced by the consignor. The brand inspector in charge may, in justifiable circumstances, permit the sale of cattle, horses, mules, or burros whose ownership is questionable and then proceed to impound the proceeds of the sale of such animals. After any livestock are consigned to any public livestock market, they shall be held and treated as if the ownership thereof has not been established, until a proper bill of sale or account of sale is produced by the consignor. Such inspections shall be made by authorized brand inspectors who have been approved by the state board of stock inspection commissioners, and a fee per head in the amount prescribed by the state board of stock inspection commissioners pursuant to section 35-41-104, shall be withheld from the consignor's proceeds of sale by the market operator, to be paid to the state board of stock inspection commissioners, for brand inspection on all cattle, horses, mules, and burros.

(2) The authorized brand inspector making the inspection and collecting the fees prescribed shall issue an official brand inspection certificate in duplicate, one copy to be the property of the owner or operator of the auction market, and will be authority for the public livestock market to issue a bill of sale to the purchaser of any livestock sold or disposed of through a licensed livestock auction market, the original to be delivered to the office of the state board of stock inspection commissioners.
C.R.S. § 35-36-204 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-204
35-36-204. Licenses - requirements - rules
Status: in_force

35-36-204. Licenses - requirements - rules. (1) To receive or maintain a license, each applicant or licensee for an initial or renewal license must satisfy the following requirements:

(a) (I) Except as provided in subsection (1)(a)(II) of this section, the applicant or licensee shall furnish the commissioner with evidence of minimum provisional insurance coverage in an amount sufficient to protect the applicant's storage obligations. If, at any time, the commissioner evaluates an applicant's provisional insurance coverage to be insufficient, the commissioner may require such additional insurance as the commissioner considers sufficient. Failure to provide evidence of the additional insurance within thirty days after written notice from the commissioner constitutes grounds for the suspension or revocation of the license.

(II) A small-volume commodity handler need not comply with subsection (1)(a)(I) of this section.

(b) (I) Except as provided in subsection (1)(b)(III) of this section, the applicant must furnish the commissioner with a financial statement that presents accurately the applicant's or licensee's financial condition. The commissioner may promulgate rules that clearly state the information required from each applicant or licensee under this section. Any financial statement submitted to the commissioner in support of a license application made pursuant to this part 2 is confidential.

(II) Whenever the commissioner deems it appropriate, the commissioner may require an applicant for an initial license, an applicant for a renewal of a license, or a licensee to submit a financial statement or an audit prepared by a certified public accountant or any other information the commissioner deems necessary to determine whether the person is in an adequate financial position to carry out the person's duties as a licensee.

(III) A small-volume commodity handler need not comply with the financial statement submission requirement set forth in subsection (1)(b)(I) of this section.

(2) If a licensee fails to apply for license renewal before an annual date specified by the commissioner by rule, the licensee shall, upon application for a renewal license and before the license is issued, pay a penalty as established by the commission. The penalty is in addition to the license fee.
C.R.S. § 35-26-104 — CO Code / Title 35 / Article 26 / Section 35-26-104
35-26-104. Labeling - rules
Status: in_force

35-26-104. Labeling - rules. (1) There shall be securely attached to each item of nursery stock when offered for sale or distributed, or to each bundle or lot when sold as a single lot of the same kind, grade, size, and variety, a label showing:

(a) The correct botanical or accepted common name;

(b) The grade or size of the nursery stock; and

(c) Any other information established by the commissioner by rule adopted in accordance with the "State Administrative Procedure Act", article 4 of title 24.

(2) The grade or size shall meet the specifications established by rules or regulations after public hearing and publication by the commissioner.

(3) The labeling required in subsection (1) of this section shall not apply to turfgrass sod. Each and every lot of turfgrass sod sold shall be labeled by stating on the sales contract, invoice, or bill of lading such information as required by the commissioner.
C.R.S. § 35-43-124 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-124
35-43-124. Fines paid into school fund
Status: in_force

35-43-124. Fines paid into school fund. Any fines arising from a violation of section 35-43-123 shall be paid into the school fund of the county in which such violation occurs.
C.R.S. § 35-77-101 — CO Code / Title 35 / Article 77 / Section 35-77-101
35-77-101. Legislative declaration
Status: in_force

35-77-101. Legislative declaration. This article 77 is adopted by the general assembly with the intention that the commissioner will implement and enforce 21 CFR 112, concerning produce safety, under a cooperative agreement with the FDA, and in lieu of federal enforcement by the FDA. The commissioner may seek to enter into a cooperative agreement with the FDA whereby the commissioner will assume enforcement authority and receive funding from the FDA. The first agreement should extend for five years. If the agreement is not renewed for a second or subsequent period, the commissioner will cease implementing and enforcing this article 77.
C.R.S. § 35-27-107 — CO Code / Title 35 / Article 27 / Section 35-27-107
35-27-107. Sales from bulk lots
Status: in_force

35-27-107. Sales from bulk lots. (1) If seed is sold, offered or exposed for sale, bartered, or distributed in or from a bulk lot, a label required pursuant to section 35-27-105 shall be furnished to each purchaser of such seed; except that such label shall not be required to be furnished for sales otherwise exempted.

(2) No label required pursuant to subsection (1) of this section shall be required for bulk lot seed if such seed is:

(a) Sold, offered or exposed for sale, bartered, or distributed in a lot of less than five pounds directly to a consumer; and

(b) Taken from a container in such consumer's presence.
C.R.S. § 35-5.5-118.5 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-118.5
35-5.5-118.5. Local enforcement - civil infraction - civil penalty - injunction - definition
Status: in_force

35-5.5-118.5. Local enforcement - civil infraction - civil penalty - injunction - definition. (1) As used in this section, unless the context otherwise requires, "violation" means a violation of this article 5.5, any rule promulgated pursuant to this article 5.5, or any county ordinance, resolution, rule, or other regulation implementing this article 5.5.

(2) (a) In addition to the enforcement authority of the commissioner pursuant to section 35-5.5-118, a person who violates this article 5.5, any rule promulgated pursuant to this article 5.5, or any county ordinance, resolution, rule, or other regulation implementing this article 5.5 commits a civil infraction. The county attorney for the county where the violation occurs shall enforce civil infractions pursuant to this subsection (2)(a) by prosecution. Each day that a violation continues is a separate offense.

(b) As used in this subsection (2), "person" does not include a state agency.

(3) (a) (I) In addition to the enforcement authority of the commissioner pursuant to section 35-5.5-118 and the county attorney pursuant to subsection (2)(a) of this section, a county court, upon a finding by a preponderance of the evidence that a violation occurred or is occurring, shall order the violator to pay a civil penalty of no less than five hundred dollars and no more than one thousand dollars.

(II) Notwithstanding subsection (3)(a)(I) of this section, each day that a violation continues is a separate offense, and a violator is subject to a continuing civil penalty of no more than one hundred dollars for each day that the violation continues.

(b) (I) Until the filing with the county court of a receipt issued by the county treasurer showing payment in full of a civil penalty ordered pursuant to subsection (3)(a) of this section or the granting of a motion of the county attorney indicating that the matter has been resolved pursuant to subsection (3)(c)(I) of this section, the civil penalty, as of the date of the recording of the civil penalty with the clerk and recorder of the county where the violation occurred or is occurring, is a lien against the property where the violation occurred or is occurring.

(II) If the civil penalty is not paid within thirty days after the order of the county court, the board of county commissioners may certify the civil penalty to the county treasurer, who shall collect the civil penalty and a ten percent additional penalty for the cost of collection in the same manner as other taxes are collected.

(III) Any state laws applicable to the assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, apply to the collection of civil penalties pursuant to subsection (3)(b)(II) of this section.

(c) (I) Upon the filing with the county court of a receipt issued by the county treasurer showing payment in full of a civil penalty ordered pursuant to subsection (3)(a) of this section, the county court shall dismiss the action and issue a satisfaction in full of the county court's judgment. The county court may also dismiss the action upon a motion of the county attorney indicating that the matter has been resolved.

(II) If the events described in subsection (3)(c)(I) of this section do not occur, the action continues. If a county attorney files a motion in county court and presents proof that the violation has not been cured, removed, or corrected, the county court shall order an additional civil penalty in an amount consistent with subsection (3)(a) of this section.

(4) The county attorney may petition the district court for the judicial district where a violation occurred to institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove an ongoing violation.

(5) Notwithstanding any provision of this section to the contrary, the board of county commissioners in the county where a violation occurred or is occurring may appoint the district attorney for the judicial district where a violation occurred or is occurring to conduct an enforcement action pursuant to this section:

(a) If there is no county attorney for the county where the violation occurred; or

(b) In any other circumstance that the board of county commissioners deems appropriate.

(6) Except for any surcharges or court costs collected by a court, any fines, fees, or costs collected pursuant to this section must be transmitted to the county treasurer of the county where the violation occurred.

(7) Notwithstanding any provision to the contrary, it is within the discretion of a county attorney or district attorney, as applicable, to determine whether to pursue an enforcement action pursuant to this section or to pursue another remedy available under the law.
C.R.S. § 35-40-100.2 — CO Code / Title 35 / Article 40 / Part 1 / Section 35-40-100.2
35-40-100.2. Definitions
Status: in_force

35-40-100.2. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Animal" means coyotes, foxes, bobcats, bears, mountain lions, wolves, beavers, muskrats, raccoons, opossums, and striped skunks and any animals identified by rule promulgated by the commissioner and approved by the parks and wildlife commission.

(1.5) "At risk" means any depredating animal species that has been designated by the parks and wildlife commission as endangered, threatened, or at risk after:

(a) A scientific investigation by the division of parks and wildlife in the department of natural resources that is based on valid, sound, and objective data and analysis that substantiates such designation; and

(b) Presentation of scientifically valid data, analysis, or commentary by the commissioner relating to depredating animals; and

(c) Presentation of scientifically valid data, analysis, or commentary by objective professionals, mutually identified by the state agricultural commission and the parks and wildlife commission relating to depredating animals.

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

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

(4) "Depredating animal" means any animal, animals, or group of animals that pose a threat to an agricultural product or resource.

(5) "Pose a threat" means the threat of causing economic loss by killing or damaging an agricultural product or resource or consuming stored agricultural products. A threat shall be presumed to be posed when damage has historically occurred, is occurring, or when it is necessary to prevent depredating animals from inflicting death or injury to livestock or damaging agricultural products or resources.
C.R.S. § 35-31-201 — CO Code / Title 35 / Article 31 / Part 2 / Section 35-31-201
35-31-201. Protection of agricultural products - damages - definitions
Status: in_force

35-31-201. Protection of agricultural products - damages - definitions. (1) (a) Any person who, without the consent of the owner of an agricultural product, exercises control over the agricultural product with the intent to deprive such owner of the agricultural product or who maliciously damages or destroys the agricultural product, or who encourages or conspires with another to do so, shall be liable for damages as described in subsection (2) of this section.

(b) For purposes of this section:

(I) "Agricultural product" means any product of agriculture as defined in section 35-1-102 (1).

(II) "Experimental agricultural product" means any product of agriculture, as defined in section 35-1-102 (1) that is the subject of testing or a product development program being conducted by a private entity, a federal, state, or local government agency, or an educational institution, or that has been developed through such a program.

(2) For a violation of subsection (1) of this section, a court shall award:

(a) The market value of the experimental agricultural product itself and costs directly related to research, testing, production, replacement, and development of the experimental agricultural product. The court may award treble damages.

(b) The market value of the agricultural product itself and costs directly related to production and replacement. The court may award treble damages.

(c) Reasonable attorney fees; and

(d) Litigation costs.

(3) The rights and remedies available under this section are in addition to any other rights or remedies otherwise available.
C.R.S. § 35-25-117 — CO Code / Title 35 / Article 25 / Section 35-25-117
35-25-117. Emergency powers
Status: in_force

35-25-117. Emergency powers. If, at any time, the commissioner determines the existence of any imminent hazard inimical to the beekeeping industry in this state, the commissioner may take appropriate action, including but not limited to: Inspecting any public or private place; establishing and enforcing quarantines; issuing and enforcing orders and rules for the control and eradication of said hazard; and taking such other action as may seem advisable and not contrary to law as the commissioner is empowered with pursuant to this title. The commissioner is hereby authorized to seek reimbursement from the general assembly for any funds expended in the exercise of these emergency powers.
C.R.S. § 35-30-101 — CO Code / Title 35 / Article 30 / Section 35-30-101
35-30-101. Cooperation with United States
Status: in_force

35-30-101. Cooperation with United States. The governor is authorized to cooperate with the government of the United States and its agents and representatives in all matters pertaining to the conservation, distribution, or production of food, insofar as he may find it possible to do so.
C.R.S. § 35-44-104 — CO Code / Title 35 / Article 44 / Section 35-44-104
35-44-104. Owner not found - advertisement
Status: in_force

35-44-104. Owner not found - advertisement. If the brand commissioner appointed by the state board of stock inspection commissioners is unable to determine from the brand records and description who is the owner or probable owner of any reported estrays, he shall cause notice showing a facsimile of the brand and other identifying characteristics carried by the estray to be posted in the offices of all county clerk and recorders, and licensed livestock markets and in other conspicuous places in the area where said estray was found. Said livestock notice shall state when and where the estray animal was taken into custody. In addition the brand commissioner shall cause a notice giving a general description of the estray to be placed in a local newspaper within the county where the estray is held, and said notice shall be carried in one regular issue only. Both notices shall state that unless the animal is claimed by the legal owner within ten days after the publication or posting of the notice, whichever is later, then the same shall be sold by the state board of stock inspection commissioners for the benefit of the owner when found.
C.R.S. § 35-11.5-103 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-103
35-11.5-103. Definitions
Status: repealed

35-11.5-103. Definitions. As used in this article, unless the context otherwise requires:

(1) (a) "Agricultural products" means any agricultural, horticultural, floricultural, viticultural, or vegetable product grown or produced.

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

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

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

(4) to (7) Repealed.

(8) "Secretary" means the United States secretary of agriculture or a representative to whom authority has been delegated to act in the secretary's stead.

(9) "State organic certification program" or "state certification" means the program that implements 7 U.S.C. sec. 6501 et seq. and 7 CFR 205 in Colorado in order that the state certify organic producers pursuant to 7 U.S.C. sec. 6507.
C.R.S. § 35-53-127 — CO Code / Title 35 / Article 53 / Section 35-53-127
35-53-127. Brand inspection contracts
Status: in_force

35-53-127. Brand inspection contracts. The state board of stock inspection commissioners is authorized to enter into contracts or agreements, within the limits of funds available therefor, with any agency, governmental or otherwise, to perform the duties imposed by law upon said state board of stock inspection commissioners with respect to brand inspection. All contracts and brand inspections pursuant to such contracts shall be subject to the approval and control of the state board of stock inspection commissioners.
C.R.S. § 35-43-207 — CO Code / Title 35 / Article 43 / Part 2 / Section 35-43-207
35-43-207. Sales by persons other than slaughterers - requirements
Status: in_force

35-43-207. Sales by persons other than slaughterers - requirements. It is unlawful for any person to sell or offer for sale or to possess, except as specifically provided in this article or in article 33 of this title, a carcass of livestock or any portion of such carcass without first exhibiting the hide intact and exposing the brand upon the hide, if any, to the purchaser. It is the duty of any such person selling or offering for sale any such carcass of livestock to preserve the hide of the same for a period of thirty days, unless the hide from such a carcass of livestock has been previously inspected and released by a duly authorized Colorado brand inspector, and to exhibit the same for inspection upon demand of any person.
C.R.S. § 35-75-110 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-110
35-75-110. Notes
Status: in_force

35-75-110. Notes. (1) The authority may issue from time to time its negotiable notes for any corporate purpose and may renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds.

(2) Any resolution authorizing notes of the authority or any issue of such notes may contain any provisions which the authority is authorized to include in any resolution authorizing bonds of the authority or any issue of bonds, and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds.

(3) All such notes shall be payable from the proceeds of bonds or renewal notes or from the revenues of the authority or other moneys available for such payment and not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations outstanding at the time of issuance of such notes.
C.R.S. § 35-44-111 — CO Code / Title 35 / Article 44 / Section 35-44-111
35-44-111. Concealing estray - penalty
Status: in_force

35-44-111. Concealing estray - penalty. Any person who conceals any estray found or taken into his or her custody, or effaces or changes any mark or brand thereon, or carries the same beyond the limits of the county where found, or knowingly permits the same to be done, or neglects to notify or give information of estrays to the state board of stock inspection commissioners is guilty of a class 6 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 35-11-102 — CO Code / Title 35 / Article 11 / Section 35-11-102
35-11-102. Definitions
Status: in_force

35-11-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Chemical" means any fertilizer or pesticide.

(2) "Chemigation" means any process whereby chemicals are applied to land or crops in or with water through a closed irrigation system. "Chemigation" does not mean any process whereby chemicals are applied to land or crops in or with water pumped from a stock watering well, a domestic well with a diameter of two inches or less, or from a tailwater collection pond.

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

(4) "Contamination" means the degradation of natural water quality as a result of man's activities.

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

(6) "Fertilizer" means any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients.

(7) "Groundwater" means any water not visible on the surface of the ground under natural conditions.

(8) "Irrigation system" means any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of groundwater or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. "Irrigation system" does not include any hand-held hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source and does not include stock water wells, any domestic well with a diameter of two inches or less, or a system which includes a tailwater collection pond.

(9) "Open discharge system" means a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted.

(10) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or any other legal or commercial entity.

(11) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(12) "Pollution" means the man-made or man-induced alteration of the physical, chemical, biological, or radiological integrity of water.
C.R.S. § 35-2-108 — CO Code / Title 35 / Article 2 / Section 35-2-108
35-2-108. Study of potential applications for blockchain technology in agricultural operat
Status: repealed

35-2-108. Study of potential applications for blockchain technology in agricultural operations - authority of commissioner - report to general assembly - notice to revisor of statutes - repeal. (Repealed)
C.R.S. § 35-4-119 — CO Code / Title 35 / Article 4 / Section 35-4-119
35-4-119. Joint phytosanitary program
Status: in_force

35-4-119. Joint phytosanitary program. The commissioner may work cooperatively with the United States secretary of agriculture, or the secretary's designee, to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest.
C.R.S. § 35-24.5-103 — CO Code / Title 35 / Article 24.5 / Section 35-24.5-103
35-24.5-103. Definitions
Status: in_force

35-24.5-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Aquaculture" means the controlled propagation, growth, and harvest of, and subsequent commerce in, cultured aquatic stock, including but not limited to fish and other aquatic vertebrates, mollusks, crustaceans, and algae and other aquatic plants, by an aquaculturist.

(2) "Aquaculture facility" means any facility, structure, lake, pond, tank, or tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting live fish or viable gametes.

(3) "Aquaculturist" means an individual, partnership, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.

(4) "Aquatic disease" means any departure from a normal state of health of aquatic organisms caused by disease agents.

(5) "Aquatic organism" means an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, or aquatic insect or other aquatic invertebrate. "Aquatic organism" includes the viable gametes (eggs or sperm) of an aquatic organism.

(6) "Board" means the aquaculture board.

(7) "Commercial aquaculturist" means an aquaculturist engaged in the business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes.

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

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

(10) "Cultured aquatic stock" means aquatic organisms raised from privately owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms; except that "cultured aquatic stock" does not include state-owned fish, crustaceans, amphibians, or mollusks lawfully taken and used or sold for bait only.

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

(12) "Division" means the division of parks and wildlife in the department of natural resources.
C.R.S. § 35-9-112 — CO Code / Title 35 / Article 9 / Section 35-9-112
35-9-112. Renewal of pesticide and device registration
Status: in_force

35-9-112. Renewal of pesticide and device registration. (1) A registrant of either a pesticide or a device shall submit a renewal application in the form and manner designated by the commissioner on or before the expiration date of the registration and shall pay a renewal fee in an amount determined by the commissioner.

(2) If an application for renewal of a pesticide or device registration is not received on or before the expiration date of the registration, the registration shall expire. An expired registration may be renewed within two years after the expiration date of the registration upon payment of all late fees and any other penalties or sums assessed pursuant to this article, if the applicant satisfies the commissioner that the requirements of section 35-9-107 have been met.

(3) The commissioner may require the applicant to submit any additional information he deems necessary, including, but not limited to:

(a) A full description of all tests made of the pesticide or device, and the results thereof, including, but not limited to, efficacy and hazard data upon which any claims for the pesticide or device are based; and

(b) With respect to any pesticide, the analytic standards and methods of analysis for each formulation of said pesticide and the analytic methods used to determine any residues of the said pesticide at levels suspected harmful to plants, animals, or the environment.

(4) The commissioner, at the time of such renewal, may, in his discretion, designate any such pesticide as a state restricted-use or limited-use pesticide in the same manner as set forth in section 35-9-108 (5).
C.R.S. § 35-36-203 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-203
35-36-203. Commodity handler licenses - application requirements - fee
Status: in_force

35-36-203. Commodity handler licenses - application requirements - fee. (1) (a) An applicant for a commodity handler license shall pay, for each year in which the license is to be valid, a license fee established by the commission, which license fee the department shall collect and transmit to the state treasurer, who shall credit the money to the inspection and consumer services cash fund created in section 35-1-106.5.

(b) For each fiscal year, commencing on July 1, twenty-five percent of the direct and indirect costs of administering and enforcing this article 36 shall be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund.

(2) Application for a commodity handler license under this section shall be made to the department upon forms furnished by the department. The application must include the following information:

(a) The name and address of the applicant and, if the applicant is a firm, exchange, association, or corporation, the full name of each member of the firm or the names of the officers of the exchange, association, or corporation;

(b) The principal business address of the applicant in the state of Colorado and in every other state in which the applicant does business and the names of the persons authorized to receive and accept service of summons and legal notices of all kinds on behalf of the applicant in each state. The applicant must satisfy the commissioner of its character, responsibility, and good faith in seeking to carry on the business stated in the application. The commissioner shall make a determination of a person's character in accordance with section 24-5-101.

(c) The location of each public warehouse of the applicant;

(d) The total rated storage capacity in bushels of each public warehouse;

(e) The tariff schedule of charges to be made at each public warehouse for the handling, storage, and shipment of commodities during the license year; and

(f) Any other information that the commissioner deems reasonably necessary to carry out the purposes of this part 2.

(3) The commissioner shall revoke any license granted as a result of an application that is found to have been made through fraud or misrepresentation. All indicia of the possession of a license is the property of the state of Colorado, and each licensee is entitled to the possession of the indicia only while the license remains valid and current.
C.R.S. § 35-53-104 — CO Code / Title 35 / Article 53 / Section 35-53-104
35-53-104. Certificate needed for shipment
Status: repealed

35-53-104. Certificate needed for shipment. (Repealed)
C.R.S. § 35-48-102 — CO Code / Title 35 / Article 48 / Section 35-48-102
35-48-102. Bona fide purchasers protected
Status: in_force

35-48-102. Bona fide purchasers protected. Section 35-48-101 shall not apply to a bona fide purchaser without notice of the lien.
C.R.S. § 35-11-104 — CO Code / Title 35 / Article 11 / Section 35-11-104
35-11-104. Rules and regulations
Status: in_force

35-11-104. Rules and regulations. (1) The commissioner shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S., to:

(a) Administer the chemigation permit program;

(b) Establish equipment or performance standards and installation requirements;

(c) Establish fees for the direct and indirect costs of administering the provisions of this article; and

(d) Establish criteria for the entry of inspectors upon lands for purposes of conducting inspections.

(2) The commissioner shall immediately notify the director of the department of public health and environment of the summary suspension of any permit, of the denial, suspension or revocation of a permit, including the specific reason thereof; and the commissioner shall also notify the director of the department of public health and environment of any criminal or civil proceeding brought pursuant to this article. The notice required herein shall contain the legal description of the location of the well which is the subject of the commissioner's action.
C.R.S. § 35-55-117 — CO Code / Title 35 / Article 55 / Section 35-55-117
35-55-117. Penalty
Status: in_force

35-55-117. Penalty. Any person, partnership, or corporation who violates any provision or requirement of this article 55 or any rule or regulation adopted by the state board of stock inspection commissioners commits a class 2 misdemeanor. It is the duty of the district attorney of the district in which such offense is committed, upon complaint of any private person, or of a sanitary or brand inspector, or of the state board of stock inspection commissioners, to prosecute the same if, after investigation, the district attorney believes a violation has occurred. The state board of stock inspection commissioners, upon its own initiative, or upon complaint of any person, through the attorney general may bring an action in the district court of the district where such offense is committed in the name of the people of this state for an injunction against any person violating any of the provisions of this article 55 or of any rule or regulation adopted by the state board of stock inspection commissioners.
C.R.S. § 35-10-127 — CO Code / Title 35 / Article 10 / Section 35-10-127
35-10-127. Deadline for promulgation of rules and regulations for implementation of article
Status: repealed

35-10-127. Deadline for promulgation of rules and regulations for implementation of article, as amended. (Repealed)
C.R.S. § 35-70-112 — CO Code / Title 35 / Article 70 / Section 35-70-112
35-70-112. Failure to observe ordinances
Status: repealed

35-70-112. Failure to observe ordinances. (Repealed)
C.R.S. § 35-65-104 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-104
35-65-104. Annual report of commission - publications
Status: repealed

35-65-104. Annual report of commission - publications. (Repealed)
C.R.S. § 35-23-109 — CO Code / Title 35 / Article 23 / Section 35-23-109
35-23-109. Engaging in trade prohibited
Status: in_force

35-23-109. Engaging in trade prohibited. The commissioner and his deputies, inspectors, and employees are each prohibited, during their respective terms of employment or office, from engaging in this state or elsewhere, either directly or indirectly, in the business of buying or selling fruits, vegetables, or other agricultural products or in dealing in the same on commission.
C.R.S. § 35-43-122 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-122
35-43-122. Penalty
Status: repealed

35-43-122. Penalty. (Repealed)
C.R.S. § 35-43-108 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-108
35-43-108. Brand book
Status: in_force

35-43-108. Brand book. It is the duty of the state board of stock inspection commissioners, from time to time as it may be necessary, to cause to be published in book form a list of all brands on record at the time of such publication. The board, at its discretion, may cause to be issued a supplement to the brand book issued, containing the additional brands or changes in ownership of brands between the time of the last publication and the time of issuing such supplement, for the use of the department and its employees. Such brand book and supplements thereto shall contain a facsimile of every brand recorded, together with the owner's name and post-office address. Said records shall be arranged in convenient form for reference. Said books and supplements may be sold to the general public at approximate cost. The brand book and other publications circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136, C.R.S.
C.R.S. § 35-43-117 — CO Code / Title 35 / Article 43 / Part 1 / Section 35-43-117
35-43-117. Use of false brand - damages
Status: in_force

35-43-117. Use of false brand - damages. Any person who brands or marks, or causes to be branded or marked, any animal which is the property of another with his brand or any brand which is not the recorded brand of the owner or effaces, defaces, or obliterates any brand or mark upon any animal is guilty of theft and, upon conviction thereof, shall be liable to the owner thereof for three times the value of the animal so branded or marked or upon which the brand or mark has been effaced, defaced, or obliterated. Payment of the forfeiture provided in this section shall not entitle the person so branding, effacing, defacing, or obliterating a brand to the property right in the animal so branded or upon which the brand was effaced, defaced, or obliterated, but such animal shall be surrendered to the proper owner.
C.R.S. § 35-36-305 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-305
35-36-305. Investigations, hearings, and examinations
Status: in_force

35-36-305. Investigations, hearings, and examinations. (1) For the purpose of enforcing this part 3, the commissioner may receive complaints from persons against a dealer, small-volume dealer, agent, or person assuming or attempting to act as a dealer, small-volume dealer, or agent and, upon the receipt of a complaint, may make any and all necessary investigations relative to the complaint.

(2) The commissioner upon the commissioner's own motion may, and upon the verified complaint of any person shall, investigate any transactions involving this part 3.

(3) (a) The commissioner, upon consent of the licensee or upon obtaining an administrative search warrant, has free and unimpeded access to all buildings, yards, warehouses, and storage facilities owned by a licensee in which farm products are kept, stored, handled, processed, or transported.

(b) The commissioner, upon consent of the licensee or upon obtaining a search warrant, has free and unimpeded access to all records required to be kept by the licensee and may make copies of the records.

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

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

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

(6) If the investigation is against a licensee, the commissioner shall proceed to ascertain the names and addresses of all producers, dealers, small-volume dealers, or owners of farm products, together with the accounts unaccounted for or due and owing to them by the licensee, and shall request all the producers, dealers, small-volume dealers, or owners to file verified statements of their respective claims with the commissioner. If, after the commissioner makes the request for verified statements, a producer, dealer, small-volume dealer, or owner fails, refuses, or neglects to file a verified statement in the office of the commissioner within thirty days after the date of the request, the commissioner is relieved of any further duty or action under this part 3 on behalf of the producer, dealer, small-volume dealer, or owner.

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

(8) (a) If the commissioner determines, after concluding an investigation on a complaint, that reasonable grounds exist to believe that a licensee has violated this part 3 or section 35-36-104, the commissioner shall notify the licensee that the complaint is valid and inform the licensee of the licensee's opportunity to request a hearing, in writing, on the complaint within ten days after the date of the notice.

(b) Upon the receipt of a request for a hearing from a licensee or if the commissioner determines that a hearing concerning a licensee is necessary, the commissioner shall cause a copy of the complaint or the grounds specified in section 35-36-306, together with a notice of the time and place of the hearing, to be served personally or by mail upon the licensee. Service shall be made at least ten days before the hearing, which shall be held in the city or town in which the business location of the licensee is situated, or in which the transactions involved allegedly occurred, or at the location deemed by the commissioner to be most convenient.

(c) The commissioner shall conduct the hearing pursuant to section 24-4-105. Thereafter, the commissioner shall enter in the commissioner's office a decision specifying the relevant facts established at the hearing. If the commissioner determines from the facts specified that the licensee has not violated this part 3 or section 35-36-104, the commissioner shall dismiss the complaint. If the commissioner determines from the facts specified that the licensee has violated this part 3 or section 35-36-104, and that the licensee has not yet made complete restitution to the person complaining, the commissioner shall determine the amount of damages, if any, to which the person is entitled as the result of the violation and enter an order directing the offender to pay the person complaining the amount of damages on or before the date fixed in the order. The commissioner shall cause to be furnished a copy of the decision to all the respective parties to the complaint.

(9) As a result of the hearing, the commissioner may also enter an order suspending or revoking the license of a licensee or may place the licensee on probation if the commissioner determines that the licensee has committed any of the unlawful acts specified in section 35-36-313 or that the licensee has violated this part 3 or section 35-36-104.

(10) (a) If a person against whom an order, as specified in subsection (8)(c) of this section, is made and issued fails, neglects, or refuses to obey the order within the time specified in the order, the commissioner may issue a further order to that person directing the person to show cause why the person's license should not be suspended or revoked for failure to comply with the order.

(b) If the commissioner issues an order to show cause pursuant to subsection (10)(a) of this section, a copy of the order to show cause, together with a notice of the time and place of the hearing on the order to show cause, shall be served personally or by mail upon the person involved. Service shall be made at least ten days before the hearing, which shall be held in the city or town in which the business location of the licensee is situated or at any convenient place designated by the commissioner.

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

(d) Nothing in this section limits the power of the commissioner to revoke or suspend a license when satisfied of the existence of any of the facts specified in section 35-36-313.

(11) Whenever the absence of records or other circumstances makes it impossible or unreasonable for the commissioner to ascertain the names and addresses of all persons specified in subsection (6) of this section, the commissioner, after exercising due diligence and making a reasonable inquiry to secure the information from all reasonable and available sources, is not liable or responsible for the claims or the handling of claims that may subsequently appear or be discovered. After ascertaining all claims, assessments, and statements in the manner set forth in subsection (6) of this section, the commissioner may then demand payment on the bond or irrevocable letter of credit on behalf of those claimants whose claims have been determined by the commissioner as valid and, in the instance of a bond, may settle or compromise the claims with the surety company on the bond and execute and deliver a release and discharge of the bond involved. Upon the refusal of the surety company to pay the demand, the commissioner may bring an action on the bond on behalf of the producer, dealer, small-volume dealer, or owner.

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

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

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

(13) The commissioner has discretion to close from public inspection complaints of record made to the commissioner and the results of the commissioner's investigations during the investigatory period and until dismissed or until notice of hearing and charges is served on a licensee, unless otherwise provided by court order.
C.R.S. § 35-31-101 — CO Code / Title 35 / Article 31 / Part 1 / Section 35-31-101
35-31-101. Destruction of food prohibited
Status: in_force

35-31-101. Destruction of food prohibited. It is unlawful for any person, firm, partnership, association, or corporation or any servant, agent, employee, or officer thereof to destroy or cause to be destroyed, or to permit to decay or to become unfit for use or consumption, or to take, send, or cause to be transported out of this state so to be destroyed or permitted to decay, or knowingly to make any materially false statement, for the purpose of maintaining prices or establishing higher prices for the same, or for the purpose of limiting or diminishing the quantity thereof available for market, or for the purpose of procuring, or aiding in procuring, or establishing, or maintaining a monopoly in such articles or products, or for the purpose of in any manner restraining trade, any fruits, vegetables, grain, meats, or other articles or products ordinarily grown, raised, produced, or used in any manner or to any extent as food for human beings or for domestic animals.
C.R.S. § 35-2-102 — CO Code / Title 35 / Article 2 / Section 35-2-102
35-2-102. Statistical reports
Status: in_force

35-2-102. Statistical reports. It is the duty of the assessor of each county in this state, at the time of making the annual assessment of property, to collect such statistics in relation to population, farm operations, the principal farm products, agricultural resources, and livestock of the county as may be required by the commissioner of agriculture, and it is the duty of all persons within this state having information relative to such matters to give such information to the assessor upon his request therefor. The original sheets on which such statistics are collected shall be forwarded to the commissioner of agriculture as soon as they are completed, but not later than June 1 of each year, immediately following their collection. From these original sheets there shall be compiled in the office of the state agricultural commission complete reports on all subjects covered for each county in the state. The blanks to be used by county assessors in the collection of statistics required by the state agricultural commission shall be supplied by the commission, and the form thereof shall be fixed by the commissioner of agriculture, after conference with a representative of Colorado state university and with the bureau of crop estimates of the United States department of agriculture through the official representative for Colorado. This report shall be issued subject to the provisions of section 24-1-136, C.R.S.
C.R.S. § 35-50-111 — CO Code / Title 35 / Article 50 / Section 35-50-111
35-50-111. Quarantine
Status: in_force

35-50-111. Quarantine. (1) Whenever the commissioner deems it necessary to quarantine any specific livestock, premises, county, district, or section of the state for the purpose of preventing the spread of an infectious or contagious disease among the livestock within the state, the commissioner may, through the state veterinarian, call on all sheriffs or other peace officers of any county within the state to assist in maintaining such quarantine and to arrest anyone who may violate such quarantine or any rules made by the commissioner for the purpose of maintaining such quarantine. It is the duty of all sheriffs or other peace officers to act in such cases when so called upon, and they shall be allowed such recompense as is provided by statute for similar services.

(2) The commissioner may place a hold upon any specific livestock, premises, county, district, or section of the state for the purpose of preventing the spread of an infectious or contagious disease when clinical signs and symptoms suggest the presence of the disease and laboratory confirmation is pending.

(3) Once testing has confirmed the presence of an infectious or contagious disease, the commissioner may quarantine any specific livestock, premises, county, district, or section of the state for the purpose of preventing the spread of any infectious or contagious disease within the state.

(4) Whenever the commissioner finds it necessary to quarantine any livestock, ranch, farm, premises, or portion of this state because of an infectious or contagious disease, the commissioner may hold in quarantine such ranch, farm, premises, or part of this state as the commissioner may deem necessary after all livestock have been removed therefrom, until such time as in the judgment of the state veterinarian there is no further risk of exposing livestock to disease by permitting them to inhabit such quarantined area.

(5) Held or quarantined livestock shall be treated, fed, and cared for at the expense of the owner. All expenses of a hold or quarantine shall be borne by the owner of the livestock so held or quarantined and shall constitute a lien on such livestock.
C.R.S. § 35-11.5-105 — CO Code / Title 35 / Article 11.5 / Section 35-11.5-105
35-11.5-105. Delegation of duties - inspections - cooperative agreements - confidentiality
Status: in_force

35-11.5-105. Delegation of duties - inspections - cooperative agreements - confidentiality. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

(b) Inspections conducted under the state organic certification program may be performed by the commissioner or the commissioner's authorized agents.

(2) The department may receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions.

(3) The department and the commissioner shall coordinate with the secretary to implement the state organic certification program pursuant to this article.

(4) The commissioner and the commissioner's authorized representative shall maintain strict client confidentiality under the organic certification program and shall not disclose to third parties any business-related information concerning any client obtained while implementing this article; except that the secretary shall have access to such information and the following information shall be made available to the public:

(a) Certificates issued during the current calendar year and the three immediately preceding calendar years;

(b) A list of producers and handlers whose operations have been certified during the current calendar year and the three immediately preceding calendar years, including for each the name of the operation, type of operation, products produced, and the effective date of the certification;

(c) The results of laboratory analyses for residues of pesticides and other prohibited substances conducted during the current calendar year and the three immediately preceding calendar years; and

(d) Other business information as permitted in writing by the producer or handler.
C.R.S. § 35-29.5-104 — CO Code / Title 35 / Article 29.5 / Section 35-29.5-104
35-29.5-104. Duties and powers of the board
Status: in_force

35-29.5-104. Duties and powers of the board. (1) The board may:

(a) Conduct or contract for scientific research to discover and develop the commercial value of wine, wine-growing, wine-making, grape products, or fruit products;

(b) Disseminate reliable information founded upon the research undertaken under this article, showing the uses or probable uses of wine, wine-growing, wine-making, grape products, or fruit products;

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

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

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

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

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

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

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

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

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

(2) The board shall promote all wines produced or finished by a licensed Colorado winery.
C.R.S. § 35-57.5-104 — CO Code / Title 35 / Article 57.5 / Section 35-57.5-104
35-57.5-104. Colorado sheep and wool authority - creation
Status: in_force

35-57.5-104. Colorado sheep and wool authority - creation. (1) There is hereby created the Colorado sheep and wool 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. § 35-14-130 — CO Code / Title 35 / Article 14 / Section 35-14-130
35-14-130. Stop sale order
Status: in_force

35-14-130. Stop sale order. (1) The commissioner may issue warning notices to anyone who has not complied with this article and may establish a time period to correct any minor violation.

(2) The commissioner may issue a stop sale order directing that any products not meeting the requirements of this article or the rules promulgated by the commissioner be taken off sale.
C.R.S. § 35-53.5-105 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-105
35-53.5-105. Feedlot certification
Status: in_force

35-53.5-105. Feedlot certification. (1) Any person desiring to have a feedlot certified and utilize the certification seal under the provisions of this article shall secure such certification from the board in accordance with this article and any rules promulgated pursuant to this article. The certification period shall be one year, beginning July 1 and ending June 30 of each year.

(2) (a) Feedlots separated by at least one mile will be treated as separate facilities, even if they are owned by the same entity. Feedlots owned by the same entity and not separated by at least one mile will be considered one facility for purposes of certification under this article. Each facility shall be certified individually.

(b) To be eligible for certification, each facility must be organized and operated primarily for the finishing of terminal slaughter cattle. No animal interdiction or commingling of animals from any other facility shall be permitted.

(c) Animals shall not be marketed as finished in a certified feedlot unless the owner of the feedlot verifies that the animals are destined to a packing facility registered and licensed by the United States department of agriculture. Animals leaving a certified feedlot for any other destination or purpose shall not be marketed as finished in a certified feedlot and shall be subject to all otherwise applicable brand inspection requirements.

(3) Certifications are not transferable.

(4) Certified feedlots shall be exempt from the fee waiver permit provisions of section 35-53-101 (2).

(5) Animals in a certified feedlot shall not be exempt from any Colorado brand inspection requirement other than those exemptions contained in this article.
C.R.S. § 35-10-126 — CO Code / Title 35 / Article 10 / Section 35-10-126
35-10-126. Transfer of money from fees and civil penalties
Status: in_force

35-10-126. Transfer of money from fees and civil penalties. (1) All fees collected pursuant to this article 10 shall be transmitted to the state treasurer, who shall credit the money to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(2) All civil penalties collected pursuant to section 35-10-122 shall be transmitted to the state treasurer, who shall credit the money to the general fund.
C.R.S. § 35-53.5-102 — CO Code / Title 35 / Article 53.5 / Section 35-53.5-102
35-53.5-102. Definitions
Status: in_force

35-53.5-102. Definitions. As used in this article, unless the context otherwise requires:

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

(2) "Brand commissioner" means the brand commissioner appointed by the board pursuant to section 35-41-101 (2).

(3) "Brand inspector" means an authorized Colorado brand inspector.

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

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

(6) "Feedlot" has the meaning set forth in section 35-41-100.3 (2).
C.R.S. § 35-36-312 — CO Code / Title 35 / Article 36 / Part 3 / Section 35-36-312
35-36-312. Enforcement
Status: in_force

35-36-312. Enforcement. Whenever, upon sufficient evidence satisfactory to the commissioner, the commissioner determines a person has engaged in or is about to engage in an act or practice constituting a violation of this part 3 or of any rule or order promulgated under this article 36, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this part 3 or any rule or order pursuant to this article 36. In the action, the commissioner need not plead or prove irreparable injury or the inadequacy of a remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
C.R.S. § 35-47-101 — CO Code / Title 35 / Article 47 / Section 35-47-101
35-47-101. Horses and mules running at large
Status: in_force

35-47-101. Horses and mules running at large. It is unlawful for any owner, or the agent, lessee, bailee, or employee of such owner of any horses or mules, to knowingly permit any of said animals to run at large, within a distance of ten miles from any city having one hundred thousand or more population; within a distance of five miles of any city having between five thousand and thirty thousand population; within a distance of one mile of all other cities or towns; and within a distance of one mile from the business area of any unincorporated town or village; but nothing in this article shall prevent anyone from driving any of said animals to market or from pasture to pasture or prevent the use of horses or mules for riding, driving, or drawing animal-propelled vehicles or machinery. This article shall not affect any common used solely for grazing purposes which has been established by land grant and ratified by treaty.
C.R.S. § 35-65-107 — CO Code / Title 35 / Article 65 / Part 1 / Section 35-65-107
35-65-107. Colorado state fair authority cash fund - lease and use of facilities
Status: repealed

35-65-107. Colorado state fair authority cash fund - lease and use of facilities. (1) The board is authorized to enter into agreements to lease any of the facilities at the Colorado state fair and industrial exposition at Pueblo, Colorado, upon such terms and conditions as shall be approved by the board. The board is further authorized to sponsor any off-season event which it may approve. All moneys received by the board under this section and through any other authorized activities shall be transmitted to the state treasurer and placed in the Colorado state fair authority cash fund, which fund is hereby created in the state treasury. Moneys in said fund shall be for the use, operation, maintenance, and support of the Colorado state fair and industrial exposition, which use shall include the payment of bond obligations in accordance with the provisions of part 3 of this article and, without limitation, other obligations of the board.

(2) Custody of all moneys in the Colorado state fair fund as of June 30, 1997, shall be transferred to the Colorado state fair authority cash fund.

(3) (a) The Colorado state fair authority cash fund consists of:

(I) All moneys that may be appropriated thereto by the general assembly;

(I.5) and (I.7) Repealed.

(II) All other moneys that may be available to it, including the moneys received under subsection (1) of this section; and

(III) All money credited to the fund in accordance with section 38-13-801.5 (3).

(b) The moneys in the Colorado state fair authority cash fund shall be subject to annual appropriation and shall not be transferred to or revert to the general fund of the state at the end of any fiscal year. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.

(4) Repealed.
C.R.S. § 35-7-111 — CO Code / Title 35 / Article 7 / Part 1 / Section 35-7-111
35-7-111. County to appropriate funds
Status: in_force

35-7-111. County to appropriate funds. It is the duty of boards of county commissioners in all counties where any such infestation exists or is imminent to appropriate from the general fund such money as may be necessary to carry out the provisions of this part 1 within their respective counties. In counties where pest control districts have been created, or are about to be created, it is the duty of the board of county commissioners to appropriate from the county general fund such money as shall be necessary to establish and maintain a fund for the payment of all accounts charged or chargeable against them under the terms of this part 1.
C.R.S. § 35-5.5-115 — CO Code / Title 35 / Article 5.5 / Section 35-5.5-115
35-5.5-115. Rules
Status: in_force

35-5.5-115. Rules. The commissioner shall promulgate rules as necessary to carry out the purposes of this article, which rules shall include a designation of state noxious weeds.
C.R.S. § 35-70-111 — CO Code / Title 35 / Article 70 / Section 35-70-111
35-70-111. Certify assessments or tax
Status: in_force

35-70-111. Certify assessments or tax. If an assessment or tax has been voted as provided in section 35-70-109 (2), the supervisors shall, in accordance with the schedule prescribed by 39-5-128, C.R.S., certify to the board of county commissioners of the county in which any tract or parcel of land within the district may lie the amount of assessment or tax to be levied against such land as shown by the distribution of the budget of the district. Such assessment or tax shall be added to all other taxes levied or assessed against such land and shall be collected as are other property taxes. Assessments or taxes against any lands owned by the United States or the state of Colorado or any agency of either shall not be certified to the county commissioners as provided in this section, but such assessments or taxes shall be collected in accordance with agreements to be entered into by the supervisors and the public owner or agency controlling such lands.
C.R.S. § 35-25-113 — CO Code / Title 35 / Article 25 / Section 35-25-113
35-25-113. Agreements
Status: in_force

35-25-113. Agreements. The commissioner may enter into agreements with any municipal, county, federal, or other state agencies and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article.
C.R.S. § 35-25-102.5 — CO Code / Title 35 / Article 25 / Section 35-25-102.5
35-25-102.5. Licensing functions subject to periodic review
Status: repealed

35-25-102.5. Licensing functions subject to periodic review. (Repealed)
C.R.S. § 35-36-215 — CO Code / Title 35 / Article 36 / Part 2 / Section 35-36-215
35-36-215. Inspection fees
Status: in_force

35-36-215. Inspection fees. (1) The commission, after conferring with interested industry groups, is authorized to fix, assess, and collect fees for the inspection of commodity handlers or small-volume commodity handlers.

(2) For each fiscal year, commencing on July 1, twenty-five percent of the direct and indirect costs of administering and enforcing this part 2 shall be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund. The inspection fee shall be paid by the person, firm, corporation, or other organization requesting the service at the time it is rendered or as otherwise provided and authorized by the commission.

(3) All money collected pursuant to this section shall be transmitted to the state treasurer, who shall credit it to the inspection and consumer services cash fund created in section 35-1-106.5.
C.R.S. § 35-75-124 — CO Code / Title 35 / Article 75 / Part 1 / Section 35-75-124
35-75-124. Account of activities - receipts for expenditures - report - audit
Status: in_force

35-75-124. Account of activities - receipts for expenditures - report - audit. The authority shall keep an accurate account of all its activities and of all its receipts and expenditures. The state auditor may investigate the affairs of the authority, may examine the properties and records of the authority, and may prescribe methods of accounting and the rendering of periodical reports in relation to undertakings by the authority.
C.R.S. § 35-57-115 — CO Code / Title 35 / Article 57 / Section 35-57-115
35-57-115. Payments to national organizations
Status: in_force

35-57-115. Payments to national organizations. From the contributions it receives, the board may pay or contribute to organizations such as, but not limited to, the national livestock and meat board to carry out work and programs approved by the board on a national basis.
C.R.S. § 35-66-101 — CO Code / Title 35 / Article 66 / Section 35-66-101
35-66-101. Definitions
Status: in_force

35-66-101. Definitions. As used in this article 66, unless the context otherwise requires:

(1) "Bureau" means the United States bureau of land management in the department of the interior.

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

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

(4) "Director" means the director of the wild horse project.

(5) "Fertility control program" means the wild horse fertility control program created in section 35-66-107 (1).

(6) "Fund" means the wild horse project fund created in section 35-66-104 (1).

(7) "Stewardship program" means the wild horse stewardship program created in section 35-66-106 (1).

(8) (a) "Wild horse" means a member of a species of the genus equus that is free roaming and that is historically associated with Colorado and with the western United States.

(b) "Wild horse" includes wild free-roaming horses and burros, as defined under the federal "Wild Free-Roaming Horses and Burros Act", Pub.L. 92-195, and any other feral horses, burros, and mules.

(9) "Wild horse project" means the Colorado wild horse project created in section 35-66-102 (1).
C.R.S. § 35-4-114 — CO Code / Title 35 / Article 4 / Section 35-4-114
35-4-114. Penalties
Status: in_force

35-4-114. Penalties. Except for sections 35-4-107 and 35-4-110.5, any person who violates any of the provisions of this article 4 commits a civil infraction. The commissioner or a board of county commissioners may refer such cases to the district attorney of the county in which such violation is alleged to have occurred for such action as may be deemed necessary. The conviction of a violation of any of the provisions of this article 4 shall be cause for revocation of any certificate, permit, or appointment issued under this article 4.
C.R.S. § 35-5-104 — CO Code / Title 35 / Article 5 / Section 35-5-104
35-5-104. Pest control district - procedure to establish
Status: in_force

35-5-104. Pest control district - procedure to establish. (1) Whenever twenty-five percent of the resident landowners and resident lessees within a contiguous territory desire to form a pest control district, as defined in this subsection (1), they may file a petition for that purpose with the board of county commissioners of the county in which the land is located. Such petition shall be addressed to the board of county commissioners of such county, and shall contain a description of the boundaries of the proposed district and a description of the land of each person signing such petition, and shall state that the said proposed district has been invaded, or is in danger of being invaded, by noxious weeds, insect pests, or plant diseases injurious to agricultural crops, trees, fruits, or pasture, and shall name the specific pests or diseases against which said petitioners desire to be protected, and shall state the termination date of the proposed district. Such petition shall be signed by each resident landowner and resident lessee joining in the petition by his proper signature, together with his address, and the date of the petition shall be the date of its filing in the office of the board of county commissioners. Any petitioner may revoke and cancel his signature to such petition at any time before said petition is filed, but not after such filing has been made.

(2) Such petition shall be filed with the board of county commissioners during a regular or special session of the board, and shall be verified under oath by at least one of the persons signing it, setting forth that the said petition was signed within ninety days last preceding the making of said verification, and that all matters and things stated in said petition are true to the best of the knowledge and belief of the affiant, and that all signers have had an opportunity to read said petition.

(3) After examination of the petition, if the board of county commissioners finds the petition in order and properly signed by twenty-five percent of the resident landowners and resident lessees within the proposed district, the board shall, within fifteen days after receipt of the petition, mail ballots to all landowners and lessees in the proposed district, to the addresses as shown by the records of the county assessor or state board of land commissioners, stating that said ballots are to be returned to the board's office within ten days from date of mailing. If, after a tally of the votes has been made, the board finds that sixty-six and two-thirds percent of the landowners and lessees voting have voted in favor of the district, and the landowners and lessees voting own or lease fifty percent of the land in the proposed district, the board shall declare the district established. Acreage owned by the federal government or acreage owned by the state government not subject to a lease shall not be considered in determining the percentage of land voted.

(4) Such petition may, in addition to the matters set forth in this section, request the board of county commissioners to take charge of and supervise the work in connection with the control or eradication of the pests named. The board, if a pest control district is created upon the petition in accordance with this article, shall proceed during the existence of said district, through the county pest inspector, to control or destroy such pests at the times and in the manner and by the aid of such means and additional help as the commissioner and county pest inspector recommend, and the board may enter into contracts to have the necessary work done in the district where noxious weeds, insect pests, or plant diseases occur in epidemic proportion. Such contracts shall be let through competitive bidding, and the board may pay for the work and materials expended. Said contracts may be let for periods not to exceed one year and may be renewed if necessary. The board of county commissioners also may enter into contracts with landowners and lessees in which the landowners and lessees are obligated for their share of the total cost of control operations.

(5) If the owner or lessee of any lands adjoining an established pest control district desires to have such lands included within the district, he may petition the board of county commissioners of the county in which the district is located and to which district annexation of his land is desired. The petition shall contain a description of the boundaries of the lands so desired to be annexed and shall be signed by the petitioner. The board shall act on said petition within ten days after the receipt thereof. If the board finds that the petition is in order, that the boundaries of the lands described in the petition are accurate, that the lands adjoin the established district, and that the petition is properly signed, it shall, by order, declare that the lands petitioned to be annexed to the district shall be included as a part of the district. Within ten days after such action upon the petition, the board shall notify the petitioner, the county assessor, the district advisory committee of the district in which such lands are to be included, and the department of agriculture of its action. Two or more owners and lessees of lands adjoining an established pest control district may join in and sign a single petition for annexation of their adjoining lands to an established district in the manner prescribed in this subsection (5).

(6) The district advisory committees of two or more adjoining pest control districts may petition the board of county commissioners of the county in which such districts are located, requesting the consolidation of such districts. The board shall schedule a public hearing on the petition within ten days after the receipt thereof. The public hearing shall be held within thirty days after receipt of the petition. If, after such hearing, the board determines that through such consolidation the districts could be more economically and efficiently operated, the board shall immediately, by order, declare the dissolution of the districts to be consolidated and the establishment of the consolidated new district, and shall thereupon notify the county assessor and district advisory committees of the dissolved districts of the termination of their respective committees, and shall appoint a new five-member district advisory committee for the consolidated district.

(7) When a pest control district which was established for the control and eradication of specified pests desires to extend the termination date of the district, the district advisory committee shall petition the board of county commissioners of the county in which such district is located, requesting the extension of the termination date. Upon receipt of said petition, the board of county commissioners shall set a date for a hearing on the matter and shall publish notice thereof in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the hearing. If, after notice and hearing, the board of county commissioners determines that such extension of the termination date is advisable and is needed for adequate pest control in the district, the board of county commissioners shall immediately declare the extension of the termination date and shall so inform the district advisory committee, the county assessor, and the state board of land commissioners.

(8) When a pest control district which was established for the control and eradication of specified pests desires to add additional pests to be controlled within the district, the district advisory committee shall petition the board of county commissioners of the county in which such district is located, requesting that a stipulated pest or pests should be added to the pests to be controlled in the district. The board of county commissioners shall act on the petition within ten days after receipt thereof. If the board of county commissioners determines that such pests should be controlled within the district, said board shall submit the question to all landowners and lessees of the district by causing to be mailed to each landowner and lessee, to the address as shown by the records of the county assessor or state board of land commissioners, a ballot requesting his vote for or against the addition of the stipulated pests to be controlled within the district and the return of such ballot within ten days to the board. If fifty-one percent of the landowners and lessees voting in the district vote in favor of the inclusion of said pests within those to be controlled, the board shall immediately declare that the stipulated pests shall be controlled within the district and shall so inform the district advisory committee.
C.R.S. § 35-9-124 — CO Code / Title 35 / Article 9 / Section 35-9-124
35-9-124. Civil penalties
Status: in_force

35-9-124. Civil penalties. (1) Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed five 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.