reglab/housing_qa huggingface dataset:
CO Code § 35-25-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 25 - Colorado Bee Act|§ 35-25-111. Penalties

 [ ] In addition to civil penalties which may be imposed pursuant to section 35-25-103 (5) , any person violating any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars for the first offense and, for any offense thereafter, is guilty of a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 , C.R.S.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 73: P. 207, § 1. C.R.S. 1963: § 7-7-11 . L. 75: Entire section amended, p. 1348, § 3, effective May 31. L. 90: Entire section amended, p. 1596, § 9, effective April 3. L. 2002: Entire section amended, p. 1548, § 309, effective October 1. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3278, § 623, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   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 § 35-25-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 25 - Colorado Bee Act|§ 35-25-111. Penalties

 [ ] In addition to civil penalties that may be imposed pursuant to section 35-25-103 (5) , any person violating any provision of this article 25 commits a civil infraction and, for any offense thereafter, is guilty of a petty offense and shall be punished as provided in section 18-1.3-503 .  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 73: P. 207, § 1. C.R.S. 1963: § 7-7-11 . L. 75: Entire section amended, p. 1348, § 3, effective May 31. L. 90: Entire section amended, p. 1596, § 9, effective April 3. L. 2002: Entire section amended, p. 1548, § 309, effective October 1. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3278, § 623, effective March 1, 2022.
CO Code § 35-25-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 25 - Colorado Bee Act|§ 35-25-112. Injunctive Relief

 The commissioner may institute an action to enjoin any violation of this article or any rule or regulation promulgated under this article. A violation of this article or any rule or regulation promulgated pursuant thereto is declared to constitute a public nuisance. Such action for injunction may be maintained notwithstanding the existence of other legal remedies and notwithstanding the pendency or successful completion of a criminal prosecution. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.   History. Source: L. 73: P. 207, § 1. C.R.S. 1963: § 7-7-12 . L. 90: Entire section amended, p. 1596, § 10, effective April 3.    Cross references:   For abatement of a public nuisance, see part 3 of article 13 of title 16.
CO Code § 35-25-113 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 25 - Colorado Bee Act|§ 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.   History. Source: L. 73: P. 207, § 1. C.R.S. 1963: § 7-7-13 .
CO Code § 35-25-116 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 25 - Colorado Bee Act|§ 35-25-116. Bee Inspection Fund - Transfer of Moneys to Plant Health, Pest Control, and Environmental Protection Cash Fund

 All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3 . Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the bee inspection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.   History. Source: L. 85: Entire section added, p. 1140, § 3, effective May 31. L. 86: Entire section amended, p. 1221, § 33, effective May 30. L. 90: Entire section amended, p. 1596, § 11, effective April 3. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 318, § 11, effective July 1.
CO Code § 35-25-117 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 25 - Colorado Bee Act|§ 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.   History. Source: L. 90: Entire section added, p. 1596, § 12, effective April 3. L. 2002: Entire section amended, p. 879, § 10, effective August 7.
CO Code § 35-26-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-101. Short Title

 This article shall be known and may be cited as the “Colorado Nursery Act”.   History. Source: L. 71: R&RE, p. 143, § 1. C.R.S. 1963: § 6-15-1 .    ANNOTATION   Applied in Richlawn Turf Farms, Inc. v. United States, 26 B.R. 206 (Bankr. D. Colo. 1982 ).
CO Code § 35-26-101.5 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-101.5. Legislative Declaration

  The general assembly hereby finds and determines that nursery stock can harbor plant pests and diseases and operate as a disease vector. Unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests and to the state's general environmental quality.    Therefore, the general assembly hereby declares that it is necessary to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, or out-of-state customers meets the national nursery stock cleanliness standard.     History. Source: L. 2018: Entire section added, (HB 18-1246), ch. 105, p. 790, § 1, effective August 8.
CO Code § 35-26-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-103. Inspections

     Except as otherwise provided in this section, premises in this state on which nursery stock is kept for sale or offered for sale and all areas in this state that are sources of collected nursery stock may be inspected by the commissioner or the commissioner's authorized agents using a risk-based approach. If any person requests an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection. Inspections may also be made by the commissioner or the commissioner's authorized agents at any time deemed appropriate by the commissioner based on information known to the commissioner or based on any complaint received by the commissioner alleging failure to comply with any provision of this article or any rule promulgated pursuant to this article.    Repealed.       No person shall sell in this state any nursery stock except from sources available for inspection.    The commissioner may promulgate rules establishing minimum standards for the qualification of individuals who are authorized to make inspections as agents of the commissioner under this article and who are not employees of the department. The commissioner may charge an annual fee for qualifying such individuals as inspectors pursuant to this subsection (3). Such fee shall be in an amount sufficient to defray the costs of qualifying inspectors pursuant to this subsection (3).    On an annual basis, the commissioner shall make public the results of such inspections in order to inform the public as to the major sale sources of nursery stock found not to be of the quality permitted to be sold, and the location where such nursery stock was offered for sale. Publication of such reports shall be as provided for in sections 35-1-107 (3) and 24-1-136, C.R.S.     History. Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-3 . L. 73: P. 198, § 5. L. 91: Entire section amended, p. 152, § 6, effective July 1. L. 96: Entire section amended, p. 374, § 3, effective April 17. L. 2002: (1)(a) amended, p. 309, § 1, effective April 18. L. 2018: (1)(b) repealed, (HB 18-1246), ch. 105, p. 792, § 3, effective August 8.
CO Code § 35-26-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-104. Labeling - Rules

  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:   The correct botanical or accepted common name;    The grade or size of the nursery stock; and    Any other information established by the commissioner by rule adopted in accordance with the “State Administrative Procedure Act”, article 4 of title 24.       The grade or size shall meet the specifications established by rules or regulations after public hearing and publication by the commissioner.    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.     History. Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-4 . L. 83: (3) added, p. 1362, § 3, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 792, § 4, effective August 8.
CO Code § 35-26-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-105. Prohibited Acts - Removal From Sale - Advisory Alerts

  A person shall not sell, offer for sale, or distribute:   Nursery stock in a dead or dying condition;    Nursery stock infested or infected with insect pests or plant diseases;    Noxious weeds or nursery stock that is infested with noxious weeds; or    Nursery stock in violation of any other provision of this article 26 or any rules promulgated pursuant to this article 26.       The commissioner or his authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this article or any rules or regulations promulgated pursuant to this article. Any person receiving a stop-sale order shall remove such stock from sale immediately.    Failure to comply with any stop-sale order may result in penalties as set forth in section 35-26-109.    If the commissioner makes a finding, after notice and opportunity for a hearing, that substandard plant material is being sold by a nursery outside of Colorado to any nursery in this state, the commissioner may ban any products from said nursery from sale or distribution in Colorado and any further shipments of nursery stock from said nursery may be seized and destroyed. Upon such banning, the commissioner shall issue an alert to all persons registered under this article setting forth the commissioner's finding and advising registrants that the purchase of plant material from such offending nursery constitutes a violation of this article.     History. Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-5 . L. 83: (1) and (2) amended, p. 1362, § 4, effective July 1. L. 91: (1)(b) amended and (3) and (4) added, p. 153, § 7, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, § 5, effective August 8.
CO Code § 35-26-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-106. Registration - Plant Health, Pest Control, and Environmental Protection Cash Fund - Fees - Rules

  A person shall not engage in the business of selling nursery stock in this state, nor shall the person advertise with the intent and purpose of selling nursery stock in this state, without having first obtained a registration issued by the commissioner. The registration expires on December 31 of each year. Application for registration must be submitted on a form prescribed by the commissioner. The commissioner shall, by rule, establish a registration fee for each place of business. The fee must not exceed three hundred dollars. Applicants for a registration who were registered at any time during the calendar year immediately preceding the year for which application is made must apply for a registration by March 1 or pay an amount double the registration fee. A registration is not transferable. All registrants shall inform the commissioner in writing of any change of address prior to the change. All registrants shall meet the requirements of this article 26 and the rules promulgated pursuant to this article 26.    Collectors shall produce upon demand written evidence of authorization to have collected any and all nursery stock held or offered for sale. Such evidence of authorization shall provide information as required by rule and regulation promulgated pursuant to this article.    A charge for the actual cost incurred in making inspections shall be collected to defray the costs of inspections made pursuant to this article. The commissioner shall, by rule or regulation, establish a minimum charge per inspection, and shall determine the actual cost incurred in making inspections and establish the charge therefor.    All fees and charges collected pursuant to this article shall be transmitted to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado nursery fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.     History. Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-6 . L. 73: P. 197, § 1. L. 83: (1) and (2) amended, p. 1362, § 5, effective July 1. L. 87: Entire section amended, p. 1285, § 1, effective July 1. L. 91: (1) to (3) amended, p. 153, § 8, effective July 1. L. 2009: (4) amended, (HB 09-1249), ch. 87, p. 318, § 12, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, § 6, effective August 8.
CO Code § 35-26-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-108. Access to Locations and Records - Administrative Subpoena - Complaints and Investigations

     At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all buildings, yards, warehouses, and storage facilities owned or operated by a registrant in which any nursery stock is kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article.    At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.       The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article.     History. Source: L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-8 . L. 91: Entire section amended, p. 155, § 11, effective July 1.
CO Code § 35-26-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-109. Penalties

  [ ] Any person who intentionally violates any provision of this article or the rules or regulations promulgated pursuant to this article commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.    Any person who violates any provision of this article, or any rule or regulations made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.    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.    If the commissioner is unable to collect such civil penalty or if any person fails to pay all of the civil penalty or a set portion 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.    Before imposing any civil penalty under this section, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.    (Deleted by amendment,L. 91, p. 155, § 12, effective July 1, 1991.)    Editor's note: This version of subsection (1) is effective until March 1, 2022.  (1) [ ] Any person who intentionally violates any provision of this article 26 or the rules or regulations promulgated pursuant to this article 26 commits a petty offense and shall be punished as provided in section 18-1.3-503 .  Editor's note: This version of subsection (1) is effective March 1, 2022.  History. Source: L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-9 . L. 73: P. 197, § 3. L. 83: (2), (5), and (6), amended, p. 1363, § 6, effective July 1. L. 91: Entire section amended, p. 155, § 12, effective July 1. L. 2002: (1) amended, p. 1548, § 310, effective October 1. L. 2021: (1) amended,(SB 21-271), ch. 462, p. 3278, § 624, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   Cross references:   For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
CO Code § 35-26-110 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-110. Out-of-State Nurseries

  The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the commissioner a certified copy of the “state of origin” certificate of inspection of the nursery. This requirement may be satisfied by delivering to the commissioner a list of inspected and certified nurseries from the “state of origin” in lieu of individual certificates of inspection from each nursery. Each shipment of nursery stock entering the state of Colorado shall be accompanied by a certificate of inspection which states that the nursery stock has the appearance of freedom from insect pests and plant diseases. (1.5) An out-of-state nursery advertising and selling nursery stock in Colorado and having no duly appointed resident agent in this state upon whom process may be served as provided by law shall be deemed to have appointed the secretary of state as the agent of said nursery upon whom service of process may be had in the event of any suit against said nursery. Service on the secretary of state of any such process shall be made by delivering to and leaving with him or with his deputy, an assistant, or a clerk two copies of such process. The secretary of state shall also require a statement which contains the name and address of the nonresident's home or home office. After receipt of such process the secretary of state shall forward to the defendant a copy of the process by registered mail, return receipt requested. The person so serving the secretary of state shall immediately send or give to the commissioner a notice of such service and a copy of the process. The secretary of state shall collect at the time of any service of process on him as resident agent a fee which shall be determined and collected pursuant to section 24-21-104 (3) , C.R.S.    (Deleted by amendment,L. 91, p. 156, § 13, effective July 1, 1991.)     History. Source: L. 73: P. 198, § 4. C.R.S. 1963: § 6-15-10 . L. 83: (1) amended and (1.5) added, p. 1363, § 7, effective July 1. L. 85: (1.5) amended, p. 1365, § 36, effective June 28. L. 91: (1) and (2) amended, p. 156, § 13, effective July 1.
CO Code § 35-26-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-111. Rules and Regulations

 The commissioner is hereby authorized and directed to promulgate such rules and regulations as he may deem necessary and proper for the furtherance and enforcement of the provisions of this article. Such rules and regulations shall be promulgated in accordance with applicable provisions of article 4 of title 24, C.R.S.   History. Source: L. 73: P. 198, § 4. C.R.S. 1963: § 6-15-11 .
CO Code § 35-26-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-112. Delegation of Duties

 The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.   History. Source: L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: Entire section amended, p. 157, § 14, effective July 1.
CO Code § 35-26-113 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-113. Bodies Politic

  All growing fields and all other premises in this state on which nursery stock is being grown or held by bodies politic for the purpose of planting on public or private grounds shall be inspected at least once each year by the commissioner or his authorized agents.    A body politic shall not plant nursery stock infested with insect pests or infected by plant diseases on public or private grounds.    A body politic shall be subject to the inspection fees set forth in section 35-26-106 (3).     History. Source: L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: (1) and (3) amended, p. 157, § 15, effective July 1.
CO Code § 35-26-115 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 26 - Colorado Nursery Act|§ 35-26-115. Termination of Function - Repeal of Article. (Deleted by Amendment, L. 1996.)

 History. Source: L. 88: Entire section added, p. 933, § 29, effective April 28. L. 91: Entire section amended, p. 159, § 17, effective July 1. L. 96: Entire section amended, p. 374, § 3, effective April 17.
CO Code § 35-27-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-101. Short Title

 This article shall be known and may be cited as the “Colorado Seed Act”.   History. Source: L. 93: Entire article R&RE, p. 1000, § 1, effective July 1.
CO Code § 35-27-102 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 27 - Colorado Seed Act|§ 35-27-102. Legislative Declaration

 The general assembly hereby finds and declares that truth in the labeling of seed is of paramount importance to the citizens of Colorado because the distribution and subsequent use of poor quality seed caused by inaccurate or misleading labeling of such seed can result in severe economic hardship due to low crop yields, poor crop quality, and the spread of noxious weed seed. It is the intent of the general assembly in enacting this article to prevent the distribution and use of poor quality seed through the regulation of the labeling, the labelers, and the sellers of seed for propagation in Colorado.   History. Source: L. 93: Entire article R&RE, p. 1000, § 1, effective July 1.