reglab/housing_qa huggingface dataset:
CO Code § 35-33-406 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 33 - Custom Processing of Meat Animals|Part 4 - Penalties|§ 35-33-406. Violations - Criminal Penalty

 Any person who violates this article or any rule promulgated under this article commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 , C.R.S.   History. Source: L. 89: Entire article R&RE, p. 1394, § 1, effective April 12. L. 2002: Entire section amended, p. 1549, § 317, effective October 1. L. 2009: Entire section amended,(SB 09-117), ch. 123, p. 518, § 18, effective April 16.    Editor's note:   This section is similar to former § 35-33-108 as it existed prior to 1989.   Cross references:   For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
CO Code § 35-33-407 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 33 - Custom Processing of Meat Animals|Part 4 - Penalties|§ 35-33-407. Repeal of Article

 This article 33 is repealed, effective September 1, 2023. Before its repeal, the licensing functions of the department are scheduled for review in accordance with section 24-34-104 .   History. Source: L. 91: Entire section added, p. 690, § 69, effective April 20. L. 95: Entire section amended, p. 32, § 7, effective July 1. L. 2004: Entire section amended, p. 349, § 19, effective July 1. L. 2009: Entire section amended, (SB 09-117), ch. 123, p. 518, § 19, effective April 16. L. 2018: Entire section amended, (HB 18-1235), ch. 208, p. 1339, § 2, effective July 1.
CO Code § 35-36-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 1 - Common Provisions|§ 35-36-101. Short Title

 The short title of this article 36 is the “Commodity Handler and Farm Products Act”.   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 715, § 2, effective June 29.    Editor's note:   This section is similar to former §§ 35-36-101 and 35-37-101 as they existed prior to 2020.
CO Code § 35-36-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 1 - Common Provisions|§ 35-36-103. Commissioner - Rules - Delegation of Powers and Duties

     The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding:   Financial assurance requirements, including a schedule for applicants to file a bond with the commissioner;    Requirements for maintaining records;    Initial and renewal license requirements;    Requirements for credit sale contracts;    Requirements for warehouse operations; and    The capacity of animal feeding operations for purposes of this article 36.       Repealed.       The commissioner is the enforcing authority of this article 36, and the commissioner or the commissioner's authorized representative has free and unimpeded access to all places of business and all business records of a licensee licensed under part 2 or part 3 of this article 36 that are pertinent to any proper inquiry in the administration of this article 36. Any person in whom the enforcement of this article 36 is vested has the power of a peace officer as to the enforcement.    The commissioner may delegate the commissioner's powers and duties set forth in this article 36 to qualified employees of the department.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 721, § 2, effective June 29.    Editor's note:    This section is similar to former §§ 35-36-111, 35- 37-116 (1), and 35-37-120 as they existed prior to 2020.    Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective September 1, 2021. (SeeL. 2020, p. 721.)     ANNOTATION   Annotator's note. Since § 35-36-103 is similar to § 12-16-203 as it existed prior to the 2017 amendments relocating part 2 of article 16 of title 12 to this article 36, a relevant case construing that provision has been included in the annotations to this section.   The reasonable expectation that a person engaged in a licensed occupation is properly licensed and that transactions with the person, therefore, will be subject to the various protections that come with governmental regulation establishes proximate cause for purposes of the restitution statute. People v. Leonard, 167 P.3d 178 (Colo. App. 2007).   Defendant obtained possession of the victims' commodities by purporting to act as a licensed commodity handler; then, as defendant admitted at his restitution hearing, he used the proceeds from the sale of the seed to repay his own creditors rather than pay the victims. Limiting the victims' restitution to the amount of the bond that defendant failed to post would not take account of the full scope of the criminal conduct to which defendant pleaded guilty. People v. Leonard, 167 P.3d 178 (Colo. App. 2007).
CO Code § 35-36-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 1 - Common Provisions|§ 35-36-104. Cease-and-Desist Order - Restraining Order

  If the commissioner determines that there exists a violation of this article 36 or of any rule promulgated under the authority of this article 36, the commissioner may issue a cease-and-desist order, which may require a person to cease functioning as a commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent except for those functions necessary to prevent spoilage of products stored in the person's public warehouse or a dealer's warehouse or for the continued commercial feeding of livestock. The order must set forth the provision alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all functions, except those necessary to prevent spoilage or for the continued commercial feeding of livestock, cease immediately. At any time after the date of the service of the order to cease and desist, the person may request a hearing on the question of whether the violation has occurred. The hearing shall be concluded in not more than ten days after the request and shall be conducted pursuant to article 4 of title 24.    If a person fails to comply with a cease-and-desist order within twenty-four hours after service, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article 36 or any rule or order pursuant to this article 36. In the action, the commissioner is not required to plead or prove irreparable injury or the inadequacy of a remedy at law. The court shall not require the commissioner to post a bond.    A stay of a cease-and-desist order shall not be issued before a hearing on the order involving both parties.    Matters brought before a court pursuant to this section have preference over other matters on the court's calendar.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 722, § 2, effective June 29.    Editor's note:   This section is similar to former §§ 35-36-120 and 35-37-109 as they existed prior to 2020.
CO Code § 35-36-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 1 - Common Provisions|§ 35-36-105. Civil Penalties

  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.    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.    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.    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.    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.    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.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 723, § 2, effective June 29.    Editor's note:   This section is similar to former §§ 35-36-121 and 35-37-117 as they existed prior to 2020.
CO Code § 35-36-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 1 - Common Provisions|§ 35-36-107. Appeal

 Any action of the commissioner with reference to the administration of this article 36 may be reviewed by any court of competent jurisdiction pursuant to section 24-4-106 only after all administrative remedies have been exhausted.   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 724, § 2, effective June 29.    Editor's note:   This section is similar to former §§ 35-36-122 and 35-37-110 as they existed prior to 2020.
CO Code § 35-36-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 1 - Common Provisions|§ 35-36-109. Repeal of Article

 This article 36 is repealed, effective September 1, 2025. Before the repeal, the licensing functions of the commissioner are scheduled for review in accordance with section 24-34-104 .   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 724, § 2, effective June 29.    Editor's note:   This section is similar to former §§ 35-36-125 and 35-37-122 as they existed prior to 2020.
CO Code § 35-36-201 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-201. Licenses - Commodity Handler - Rules

     A person shall not act as a commodity handler in this state without having first obtained a license from the department.    A small-volume commodity handler need not obtain a license.       Every person acting as a commodity handler in this state shall, each year before the date specified by the commissioner by rule, obtain or renew a license from the department.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 724, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-103 as it existed prior to 2020.   ANNOTATION   Annotator's note. Since § 35-36-201 is similar to former § 12-16-203 as it existed prior to 2017, a relevant case construing that provision has been included in the annotations to this section.   The reasonable expectation that a person engaged in a licensed occupation is properly licensed and that transactions with the person, therefore, will be subject to the various protections that come with governmental regulation establishes proximate cause for purposes of the restitution statute. People v. Leonard, 167 P.3d 178 (Colo. App. 2007).   Defendant obtained possession of the victims' commodities by purporting to act as a licensed commodity handler; then, as defendant admitted at his restitution hearing, he used the proceeds from the sale of the seed to repay his own creditors rather than pay the victims. Limiting the victims' restitution to the amount of the bond that defendant failed to post would not take account of the full scope of the criminal conduct to which defendant pleaded guilty. People v. Leonard, 167 P.3d 178 (Colo. App. 2007).
CO Code § 35-36-202 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-202. Exemptions

  The provisions of this part 2 that apply to warehouse operators do not apply to the owner or operator of a public warehouse or other facility where the owner or operator:   Operates a public warehouse in this state with a valid license issued either by the United States department of agriculture or under the “United States Warehouse Act”, 7 U.S.C. sec. 241 et seq.;    Receives only commodities that the owner or operator has purchased, that the owner or operator is processing or cleaning for the owners of the commodities, or that the owner or operator is maintaining for such other purposes as the department may, by rule, prescribe; and    Keeps written evidence, as required by the department, that clearly shows that the warehouse operator maintains the commodities for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section. The department shall consider a commodity left or deposited with a warehouse operator whose records do not include evidence that the commodity was left or deposited for one or more of the purposes set forth in subsection (1)(a) or (1)(b) of this section as a commodity deposited for storage and handling.        History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 725, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-104 as it existed prior to 2020.
CO Code § 35-36-203 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-203. Commodity Handler Licenses - Application Requirements - Fee

     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.    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.       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:   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;    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.    The location of each public warehouse of the applicant;    The total rated storage capacity in bushels of each public warehouse;    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    Any other information that the commissioner deems reasonably necessary to carry out the purposes of this part 2.       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.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 725, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-105 as it existed prior to 2020.
CO Code § 35-36-205 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-205. Disciplinary Powers - Licenses

  The commissioner may deny an application for a license, refuse to renew a license, revoke or suspend a license, or place a licensee on probation, as the case may require, if the licensee or applicant has:   Violated this part 2 or section 35-36-104 or violated any of the rules promulgated by the commissioner pursuant to this article 36;    Failed to place and keep the premises of the licensed business in the manner required under this part 2;    Been convicted of a felony under the laws of this state, or of any other state, or of the United States; except that, in consideration of the conviction of a felony, the commissioner is governed by section 24-5-101;    Committed fraud or deception in the procurement or attempted procurement of a license;    With respect to a commodity handler applicant or licensee, failed or refused to execute and deliver to the commissioner a surety bond as required by section 35-36-216;    Been determined by the commissioner to be in an inadequate financial position to meet liability obligations;    Failed to comply with any lawful order of the commissioner concerning the administration of this part 2; or    Had a license revoked, suspended, or not renewed or has been placed on probation in another state for cause, if the cause could be the basis for similar disciplinary action in this state.       All proceedings concerning the denial, refusal to renew, revocation, or suspension of a license or the placing of a licensee on probation shall be conducted pursuant to article 4 of title 24.    Any previous violation of this part 2 or section 35-36-104 by the applicant or any person connected with the applicant in the business for which the applicant seeks to be licensed or, in the case of a partnership or corporation applicant, any previous violations of this part 2 or section 35-36-104 by a partner, officer, director, or stockholder of more than thirty percent of the outstanding shares, is sufficient grounds for the denial of a license.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 727, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-107 as it existed prior to 2020.
CO Code § 35-36-206 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-206. Bailment of Commodities

  Acceptance of commodities for storage by a warehouse operator constitutes a bailment and not a sale. Stored commodities are not subject to seizure upon process of a court in an action against the bailee, except upon action by owners of the stored commodities or the commissioner to enforce the terms of the bailment; but, in the event of the failure or insolvency of a bailee, commodities shall be first applied exclusively to the settlement on an equal basis of all outstanding negotiable warehouse receipts and other open storage obligations for commodities so stored with the bailee.    Forwarded commodities shall be used only to meet the storage obligation to the forwarding warehouse operator.    The purchase of a commodity does not constitute a bailment.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 728, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-108 as it existed prior to 2020.   ANNOTATION   Law reviews. For article, “Grain Elevator Insolvency: State Law And Bankruptcy Law Considerations”, see 19 Colo. Law. 635 (1990).
CO Code § 35-36-208 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-208. Commodity Grades Established - Rules

 The department may promulgate rules concerning commodity grades in accordance with the standards established by the United States department of agriculture as the official grain standards of the United States government.   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 729, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-110 as it existed prior to 2020.
CO Code § 35-36-209 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-209. Negotiable Warehouse Receipts - Rules

  A negotiable warehouse receipt must be either a paper or an electronic document. At no time may a paper receipt and an electronic receipt represent the same lot of the commodity. A licensee may issue warehouse receipts by use of a written warehouse receipt system, an electronic warehouse receipt system, or both.    The department is the sole source of paper negotiable warehouse receipts and shall furnish those receipts at cost.    Instead of a paper document, a licensee may issue an electronic negotiable version of a warehouse receipt generated by a vendor licensed and approved by the United States department of agriculture if the receipt contains the same information as the paper version of a warehouse receipt. The electronic version of a warehouse receipt carries the same rights and obligations as the paper version. A holder of an electronic version of a warehouse receipt may redeem the warehouse receipt by applying an electronic signature registered and authenticated by a vendor credited by the United States department of agriculture.    The commissioner may promulgate rules regarding the issuance, use, and records requirements of negotiable warehouse receipts.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 729, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-112 as it existed prior to 2020.