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CO Code § 35-27-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-104. Scope of Article

  This article does not apply to:   Seed not intended for propagation; except that screenings are subject to the requirements of section 35-27-113 (1)(e);    Seed in storage in or consigned to a seed conditioning establishment for conditioning or for sale outside the state; except that:   Disclosure of information concerning the holding, sale, and transportation of such seed shall be provided:   On the labels attached to such seed; or    Upon request; and       All labeling and advertisements made regarding such seed are subject to this article;       Seed sold or consigned to a merchant, if such seed is to be recleaned before it is sold for propagation; except that the seller or consignor of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;    Seed of a variety not protected by the federal “Plant Variety Protection Act”, 7 U.S.C. secs. 2321 to 2582, as amended, sold on a grower's premises and delivered to a purchaser, if such seed is: Grown on such grower's premises, not delivered by common carrier or by mail, and not commercially advertised in any way; except that such seed shall be subject to the noxious weed provisions of section 35-27-113 (2), and the grower of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;    Seed brought into the state by the Colorado agricultural experiment station for experimental purposes or for storage in the USDA-ARS national center for genetic resources preservation;    Any person who produces seed for such person's own use on property owned or rented by such person or such person's employer;    Seed held for wholesale transactions; except that such seed shall be subject to the labeling requirements of section 35-27-105;    Seed potatoes as defined in section 35-27.3-103.       Any person who acts as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state shall be subject to this article.     History. Source: L. 93: Entire article R&RE, p. 1004, § 1, effective July 1. L. 99: (1)(d) amended, p. 189, § 4, effective March 31. L. 2007: (1)(e) amended, p. 642, § 2, effective April 26. L. 2010: IP(1) amended and (1)(h) added,(SB 10-072), ch. 384, p. 1793, § 4, effective July 1.    Cross references:   For the “Federal Seed Act”, see 7 U.S.C. § 1551 et seq.
CO Code § 35-27-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-105. Label Requirements

     Except as otherwise provided in this article, every container of seed which is sold, offered or exposed for sale, bartered, or distributed within this state for propagation shall conspicuously bear a legible and plainly written or printed label or tag in English which shall provide all information required by the commissioner. A label shall not bear false or misleading information.    For purposes of this subsection (1), a lot of seed sold at wholesale or at bulk shall be categorized as a sale in a single container.       All labels made pursuant to this section shall include arbitration information required pursuant to section 35-27-123.     History. Source: L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-27-103 as it existed prior to 1993.
CO Code § 35-27-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-106. Tolerances

  Tolerances shall be recognized between:   The percentages or rates of occurrence found by analysis, test, or examination; and    The percentages or rates of occurrence prescribed by the commissioner.       In prescribing tolerances the commissioner shall use as guides:   The tolerances defined in the “Federal Seed Act”, 7 U.S.C. secs. 1551 to 1610, as amended; and    Rules for testing seed adopted by the association of official seed analysts.        History. Source: L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-27-104 as it existed prior to 1993.
CO Code § 35-27-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-107. Sales From Bulk Lots

  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.    No label required pursuant to subsection (1) of this section shall be required for bulk lot seed if such seed is:   Sold, offered or exposed for sale, bartered, or distributed in a lot of less than five pounds directly to a consumer; and    Taken from a container in such consumer's presence.        History. Source: L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-27-105 as it existed prior to 1993.
CO Code § 35-27-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-108. Seed Shipped Into State

  No seed shall be brought into the state unless such seed:   Has been tested and has passed all such required tests as required by the commissioner pursuant to rule and regulation; and    Is in a container which meets the labeling requirements of section 35-27-105; and    Meets all other requirements of this article.       Tests required pursuant to paragraph   of subsection (1) of this section shall be developed by the commissioner through rule and regulation.        History. Source: L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-27-106 as it existed prior to 1993.
CO Code § 35-27-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-109. Seed Beans - Approval

     For seed beans, the commissioner shall establish tolerances of seed-borne pathogens, inspection procedures and standards, and approval procedures for those seed beans which are found to be within allowable tolerances.    The commissioner may designate those areas of the state in which the provisions of this section shall apply.         The commissioner shall establish reasonable fees for inspections performed pursuant to this section.    Fees established pursuant to this subsection (2) shall be:   Sufficient to offset the actual direct and indirect costs incurred by the commissioner in administering the provisions of this section; and    Paid by the person selling, bartering, or distributing seed beans.          The commissioner may, by contractual agreement, retain qualified persons to act as agents of the commissioner for the performance of inspections pursuant to subsection (1) of this section.      History. Source: L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-27-104 as it existed prior to 1993.
CO Code § 35-27-110 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-110. Seed Records and Samples

 Each person whose name appears on a label on a seed container as a handler of the seed in such container shall keep complete records as prescribed by the commissioner concerning the origin, sale, shipping, and disposition of such seed and shall keep or arrange to have kept a file sample of such seed for a period of at least two years after final disposition of such seed. All such records and samples shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours. Records required pursuant to this section shall be in addition to any record kept pursuant to section 35-27-112 .   History. Source: L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-27-112 as it existed prior to 1993.
CO Code § 35-27-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-112. Record-Keeping Requirements

 Every person acting as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state registered pursuant to this article shall keep and maintain certain records. Records shall be maintained as specified by the commissioner for a period of two years at the registrant's address. Records required pursuant to this section shall be in addition to any record kept pursuant to section 35-27-110 .   History. Source: L. 93: Entire article R&RE, p. 1008, § 1, effective July 1.
CO Code § 35-27-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-114. Powers and Duties of Commissioner

  In addition to any other duties in this article, the commissioner shall:   Administer and enforce the provisions of this article;    Adopt rules and regulations necessary for the administration and enforcement of this article including but not limited to rules and regulations which:   Set forth the methods to inspect, sample, analyze, and test seed, including defining the tolerances to be followed during such processes pursuant to section 35-27-106;    Amend the lists of prohibited and restricted noxious weed seed;    Establish procedures and standards including defining allowable tolerances to be used for the inspection and approval of seed beans that are within allowable tolerances pursuant to section 35-27-109;    Establish standards for the sale of any seed including but not limited to standards for the acceptable content of pathogens, biotic contaminant, insects, plant pests, and endophytes in such seeds;    Establish procedures and standards to embargo seed pursuant to section 35-27-119;    Establish procedures for the reinstatement of any registration authorized pursuant to this article;    Enforce any disciplinary actions authorized pursuant to this article including but not limited to letters of admonition or the denial, suspension, or revocation of any registration;    Establish the amounts of the registration fees pursuant to section 35-27-111;       Promptly notify any person who transported, sold, bartered, or distributed the seed or offered or exposed the seed for sale which does not test in compliance with the provisions of this article;    Inspect, sample, analyze, and test seed pursuant to this article.       In addition to any other powers conferred in this article, the commissioner may:   Inspect, sample, analyze, and test seed pursuant to paragraph (d) of subsection (1) of this section at such time and place and to such extent as the commissioner deems necessary to determine compliance with this article;    Appoint such qualified employees of the department as necessary to carry out the provisions of this article;    Cooperate with the United States department of agriculture to enforce federal seed law;      Conduct any hearings required by this article pursuant to article 4 of title 24, C.R.S.; or (d) (I) Conduct any hearings required by this article pursuant to article 4 of title 24, C.R.S.; or    Repealed.    Subject to appropriations made to the department, employ administrative law judges on a full- or part-time basis to conduct such hearings;       Conduct investigations pursuant to section 35-27-115.    Repealed.         History. Source: L. 93: Entire article R&RE, p. 1011, § 1, effective July 1. L. 2007: (2)(d)(II) and (2)(f) repealed, p. 643, § 4, effective April 26.    Editor's note:   This section is similar to former § 35-27-109 as it existed prior to 1993.
CO Code § 35-27-115 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-115. Inspections - Access - Investigations - Subpoena

  The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make an investigation necessary to determine compliance with this article or to investigate a complaint for arbitration.      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:   Enter any building, yard, warehouse, or storage facilities in which seed or any other related material is kept, used, stored, handled, conditioned, disposed of, or transported; and    Inspect any records required to be kept pursuant to this article.       The commissioner is authorized to make copies of any record inspected pursuant to subparagraph (II) of paragraph (a) of this subsection (2).         The commissioner has full authority to administer oaths, take statements, issue subpoenas to compel the appearance of witnesses before the commissioner, issue subpoenas duces tecum for the production of any books, memoranda, papers, or other documents, articles, or instruments, and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.    Upon failure or refusal of any person to obey any subpoena issued pursuant to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.    Failure to obey an order of the court entered pursuant to paragraph (b) of this subsection (3) is contempt of court.       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.     History. Source: L. 93: Entire article R&RE, p. 1013, § 1, effective July 1. L. 2007: (1) amended, p. 643, § 5, effective April 26.    Editor's note:   This section is similar to former § 35-27-109 as it existed prior to 1993.
CO Code § 35-27-116 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-116. Enforcement

  The commissioner, pursuant to the provisions of the “State Administrative Procedure Act”, article 4 of title 24, C.R.S., shall enforce the provisions of this article. After an investigation, the commissioner may, through the attorney general, enforce any of the provisions of this article, including recovering any money due the department or any penalty assessed pursuant to this article, and defend any suit or action brought against the commissioner or the department under this article.      If the commissioner has reasonable cause to believe a violation of this article is occurring and determines that immediate action is necessary, the commissioner may issue a cease-and-desist order. Such cease-and-desist order shall be issued to the alleged violator and shall set forth the alleged violation, the facts which constitute such violation, and an order that all such violative conduct immediately cease.    If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with such order, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further violation of such order.    No stay of a cease-and-desist order shall be issued before a hearing has been held at which both parties have had an opportunity to appear.    Matters brought before a court pursuant to this section shall have preference over other matters on the calendar of the court.         If the commissioner determines that a person has engaged in or is about to engage in any act or practice violating any provision of this article, any rule or regulation, or any order issued under this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain such person or enjoin the violative practice.    In any action taken pursuant to paragraph (a) of this subsection (3), the court shall not require the commissioner to:   Plead or prove irreparable injury or inadequacy of a remedy at law; or    Post a bond.            Any lot of seed which is sold, offered or exposed for sale, bartered, or distributed in violation of this article shall be subject to embargo on complaint of the commissioner to a court of competent jurisdiction for the area in which such lot of seed is located.    If the court finds, pursuant to paragraph (a) of this subsection (4), seed to be in violation of this article and orders the embargo and condemnation of such seed, such seed shall be, pursuant to court order, conditioned, denatured, destroyed, relabeled, or otherwise disposed of in a manner consistent with the quality of such seed.        History. Source: L. 93: Entire article R&RE, p. 1014, § 1, effective July 1.    Editor's note:   This section is similar to former §§ 35-27-110 , 35-27-111 , and 35-27-116 as they existed prior to 1993.
CO Code § 35-27-117 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-117. Disciplinary Actions - Denial of Registration

  The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or deny, suspend, refuse to renew, or revoke any registration authorized under this article if the registrant:   Refuses or fails to comply with any provision of this article, any rule or regulation adopted under this article, or any lawful order of the commissioner;    Is convicted of a felony for an offense related to the conduct regulated by this article;    Has a registration or license of equivalent status denied, revoked, or suspended by any registering or licensing authority of any state or foreign country;    Refuses to provide the commissioner with reasonable, complete, and accurate information regarding such person's business, if requested to do so by the commissioner; or    Falsifies any information requested by the commissioner.       In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a registrant in another jurisdiction, either foreign or domestic, if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.      All disciplinary actions taken by the commissioner pursuant to this article shall be deemed final for purposes of judicial review.    Any person aggrieved by any disciplinary action taken by the commissioner shall appeal to the Colorado court of appeals.       No registrant whose registration has been revoked may apply or reapply for registration under this article within two years after the date of such revocation.      History. Source: L. 93: Entire article R&RE, p. 1015, § 1, effective July 1.    Editor's note:   This section is similar to former § 35-27-109 as it existed prior to 1993.
CO Code § 35-27-118 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-118. Civil Penalties

     Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner.      Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such violation, the presence or absence of a pattern of similar violations by the registrant, the effect of the proposed penalty on the ability of the registrant to continue to conduct business, and any other factors deemed relevant. (b) (I) Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such violation, the presence or absence of a pattern of similar violations by the registrant, the effect of the proposed penalty on the ability of the registrant to continue to conduct business, and any other factors deemed relevant.    The commissioner may request advice from the arbitration council in assessing a fine pursuant to this section.       The maximum penalty imposed by the commissioner shall not exceed two thousand five hundred dollars per violation.       No civil penalty shall be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.    If the commissioner is unable to collect a civil penalty or if any person fails to pay all or a set portion of such civil penalty, the commissioner is authorized to retain the attorney general pursuant to section 35-27-116 to bring suit to recover such penalty. In any action brought pursuant to this section the commissioner shall be entitled to recover costs and reasonable attorney fees.      History. Source: L. 93: Entire article R&RE, p. 1015, § 1, effective July 1.    Editor's note:   This section is similar to former §§ 35-27-114 and 35-27-115 as they existed prior to 1993.
CO Code § 35-27-119 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-119. Embargo

     This section shall apply if the commissioner finds or has reasonable cause to believe that any seed is:   (A) Adulterated or misbranded; or    (A) In violation of any provision of this article or any rule or regulation adopted pursuant to this article;       The commissioner shall conduct an investigation to determine if a violation of paragraph (a) of this subsection (1) has occurred.       If paragraph   of subsection (1) of this section applies, the commissioner shall affix to the seed in question labeling to give notice that:    The seed is embargoed; and    No person may remove or dispose of such seed by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.       If the commissioner determines that embargoed seed is not adulterated or mislabeled, the commissioner shall remove the labeling attached pursuant to subsection (2) of this section.    The owner of seed embargoed under this section may correct any violation found by the commissioner within thirty days after the embargo of such seed. If the violation is not corrected within thirty days, the commissioner may petition a court of competent jurisdiction to condemn such seed.      If a court finds that embargoed seed is in violation of this article, such seed shall, after entry of such court's decree, be destroyed at the expense of the owner, claimant, or custodian thereof, under the supervision of the commissioner, and all court costs, attorney fees, storage fees, and other reasonable and proper expenses shall be assessed against the owner, claimant, or custodian of such seed.    If adulteration or mislabeling of embargoed seed may be corrected by proper conditioning or labeling, the court, after entry of such court's decree and if costs, attorney fees, storage fees, and expenses are paid and a good and sufficient bond is secured by the owner, claimant, or custodian of such seed, may order that such seed be delivered to the owner, claimant, or custodian for corrective labeling or conditioning. Any such corrective labeling or conditioning shall be conducted under the supervision of the commissioner. The expense of such supervision shall be paid by such owner, claimant, or custodian. The seed shall be returned to its owner, claimant, or custodian when the seed no longer violates this article and the expenses of such supervision have been paid. The commissioner shall inform the court of compliance by the owner, claimant, or custodian of the seed.        (a) The seed violates this article; and    History. Source: L. 93: Entire article R&RE, p. 1016, § 1, effective July 1.