CO Code § 24-1-123 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 1 - Administrative Organization Act of 1968|§ 24-1-123. Department of Agriculture - Creation

  There is hereby created a department of agriculture, the head of which shall be the commissioner of agriculture.    The state agricultural commission, created by article 1 of title 35, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of agriculture.    The state department of agriculture and the office of commissioner of agriculture, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture.    The department of agriculture shall consist of the following divisions:   Division of markets, the head of which shall be the director of the division of markets. The division of markets and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of markets.    Division of plant industry, the head of which shall be the director of the division of plant industry. The division of plant industry and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of plant industry.      Division of animal industry, the head of which shall be the director of the division of animal industry. The division of animal industry and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of animal industry. (c) (I) Division of animal industry, the head of which shall be the director of the division of animal industry. The division of animal industry and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of animal industry.    The state bureau of animal protection, created by article 42 of title 35, C.R.S., and its powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture and allocated to the division of animal industry as a section thereof.       Division of administrative services, the head of which shall be the director of administrative services division. The division of administrative services and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of administrative services.    Division of inspection and consumer services, the head of which shall be the director of inspection and consumer services division. The division of inspection and consumer services and the office of chief thereof, created by article 1 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of agriculture as the division of inspection and consumer services.    Repealed.      Division of brand inspection, the head of which shall be the brand commissioner. The state board of stock inspection commissioners and the office of brand commissioner, created by article 41 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of agriculture as a part of the division of brand inspection. (g) (I) Division of brand inspection, the head of which shall be the brand commissioner. The state board of stock inspection commissioners and the office of brand commissioner, created by article 41 of title 35, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of agriculture as a part of the division of brand inspection.    and (III) Repealed.         The Colorado state fair authority, the head of which shall be the manager of the Colorado state fair and industrial exposition. The Colorado state fair authority and the office of manager of the Colorado state fair and industrial exposition, created by part 4 of article 65 of title 35, C.R.S., shall exercise their powers, duties, and functions as a division of the department of agriculture as if the same were transferred by a type 1 transfer to the department of agriculture. (h) (I) The Colorado state fair authority, the head of which shall be the manager of the Colorado state fair and industrial exposition. The Colorado state fair authority and the office of manager of the Colorado state fair and industrial exposition, created by part 4 of article 65 of title 35, C.R.S., shall exercise their powers, duties, and functions as a division of the department of agriculture as if the same were transferred by a type 1 transfer to the department of agriculture.    The Colorado state fair authority shall include the board of commissioners of the Colorado state fair authority, created by part 4 of article 65 of title 35, C.R.S., which shall exercise its powers and perform its duties and functions as specified by law under the department of agriculture as a part of the Colorado state fair authority as if the same were transferred by a type 1 transfer.       The state conservation board, created in article 70 of title 35, C.R.S. All its powers, duties, and functions are transferred by a type 1 transfer to the department of agriculture as a division thereof. The employees of the state conservation board appointed pursuant to section 35-70-103 (5)(g), C.R.S., are transferred to the department of agriculture by a type 2 transfer.       The Colorado wine industry development board, created by article 29.5 of title 35, C.R.S., and its powers, duties, and functions are transferred as if by a type 1 transfer to the department of agriculture.    The aquaculture board, created by article 24.5 of title 35, C.R.S., shall exercise its powers and perform its duties and functions as specified by law under the department of agriculture and the executive director thereof as if the same were transferred to the department by a type 2 transfer.    The Colorado agricultural value-added development board, created in section 35-75-203, C.R.S., shall exercise its powers and perform its duties and functions as specified by law under the department as if the same were transferred to the department by a type 1 transfer.     Source: L. 68: p. 87, § 23. L. 69: pp. 121, 122, §§ 1, 5. C.R.S. 1963: § 3-28-23. L. 71: p. 162, § 7. L. 75: (4)(g)(III) amended, p. 1362, § 2, effective November 1. L. 83: (4)(f) repealed, p. 1374, § 19, effective June 2. L. 90: (5) added, p. 1604, § 6, effective July 1. L. 91: (6) added, p. 200, § 6, effective June 7. L. 93: (4)(g)(II) and (4)(g)(III) repealed, pp. 1855, 1846, §§ 3, 2, effective July 1. L. 97: (4)(h) added, p. 819, § 14, effective June 30. L. 2000: (4)(i) added, p. 558, § 7, effective July 1. L. 2001: (7) added, p. 623, § 1, effective May 30. L. 2002: (4)(i) amended, p. 513, § 2, effective July 1.   ANNOTATION   The brand inspection division is considered to be an arm of the state for eleventh amendment immunity purposes, because it is part of the department of agriculture and is thus subject to control by state officials. Colby v. Herrick, 849 F.3d 1273 (10th Cir. 2017).