reglab/housing_qa huggingface dataset:
CO Code § 35-36-210 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-210. Use of Scale Tickets and Negotiable Warehouse Receipts

  It is unlawful to issue paper negotiable warehouse receipts other than those furnished by the department. A licensee shall issue these receipts consecutively, as numbered, and each receipt must state the date on which it is actually issued.    Nothing in this part 2 prevents the issuance of nonnegotiable scale tickets or other nonnegotiable evidence of a similar nature showing the date on which the commodities were received, the quantities received, and the condition of the commodities upon their delivery.    When partial withdrawal of a commodity is made by an owner, the warehouse operator shall make an appropriate notation of the partial withdrawal on the depositor's nonnegotiable warehouse receipt or on such other records as may be prescribed by the department. If, before the partial withdrawal of the commodity, the warehouse operator has issued a negotiable warehouse receipt to the owner, the warehouse operator shall claim, cancel, and replace it with a new negotiable warehouse receipt, showing the amount of the owner's commodity remaining in the public warehouse.    Every commodity handler or small-volume commodity handler receiving commodities for storage or handling shall immediately, upon receipt of each load, issue to every person delivering the commodity a scale ticket, which must contain the net weight of each separate draft or load of the commodity and the dockage, if any, to be levied at the time of delivery, and such other information as may be required by the department.    Acceptance of commodities for storage by a warehouse operator for which a negotiable warehouse receipt is issued constitutes a bailment process and not a sale. If a warehouse operator fails to claim and cancel a negotiable warehouse receipt issued on delivery for commodities stored in the warehouse operator's public warehouse and the negotiation of which would transfer the right of possession of that commodity, the warehouse operator is liable, to a good faith purchaser for value, for the warehouse operator's failure to deliver to the purchaser all the commodities specified in the receipt. This liability applies whether the purchaser acquired title to the negotiable warehouse receipt before, on, or after the delivery of any part of the commodity by the warehouse operator.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 730, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-113 as it existed prior to 2020.
CO Code § 35-36-212 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-212. Warehouse Operator's Liability for Disposal of Tainted Commodities

  A warehouse operator is liable for any loss or deterioration of commodities in a public warehouse caused by the warehouse operator's failure to exercise reasonable care of the commodities.    If a warehouse operator discovers that, as a result of a condition of a commodity placed in the warehouse operator's public warehouse of which the warehouse operator had no notice at the time of deposit, the commodity is a hazard to other commodities or to persons or to the public warehouse and if the commodity is not immediately removed by the owner upon the warehouse operator's request, the warehouse operator may sell the commodity after reasonable notice to all persons known to claim an interest in the commodity. If the warehouse operator is unable to sell the commodity after a reasonable effort, the warehouse operator may dispose of it in any other lawful manner, and shall incur no liability to the owner for the disposition.    At any time before the sale or disposition authorized in this section, the warehouse operator shall deliver the commodity to any person entitled to it upon proper demand and payment of all charges incurred for the specific lot of that commodity.    The commissioner may reject as unsuitable for storage any area of the warehouse operator's premises, unless that area is used for storing the warehouse operator's own commodities.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 732, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-115 as it existed prior to 2020.
CO Code § 35-36-215 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 2 - Commodities|§ 35-36-215. Inspection Fees

  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.    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.    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.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 738, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-36-118 as it existed prior to 2020.
CO Code § 35-36-301 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 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.   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 741, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-102 as it existed prior to 2020.   ANNOTATION   Annotator's note. The case annotated below was decided under CSA, C. 15, § 12, the subject matter of which was similar to this article.   This article is a valid exercise of the police power and is constitutional. Zeigler v. People, 109 Colo. 252 , 124 P.2d 593 (1942).   It does not violate the provision of the federal constitution guaranteeing equal protection of the laws to citizens of a state. Zeigler v. People, 109 Colo. 252 , 124 P.2d 593 (1942).   It also does not violate due process of law in that it abridges the right of freedom to contract between parties in matters personal to themselves, and deprives them of power to fix mode by which compensation shall be ascertained. Zeigler v. People, 109 Colo. 252 , 124 P.2d 593 (1942).
CO Code § 35-36-303 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-303. License Fee - Renewal - Rules

     For filing the application described in section 35-36-302, each applicant for a license in each of the following categories shall pay to the commissioner a fee as determined by the commission, which fee shall be transmitted to the state treasurer for credit to the inspection and consumer services cash fund created in section 35-1-106.5:   Dealers; except that a dealer who signs an affidavit stating that the dealer will make payment in cash or by one of the other means specified in section 35-36-304 (1)(e) for each transaction for farm products shall pay the same application fee as a small-volume dealer;    Agents; and    Small-volume dealers.       For each fiscal year, commencing on July 1, twenty-five percent of the direct and indirect costs of administering and enforcing this part 3 must 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.       If a licensee fails for any reason to apply for the renewal of a license 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, which penalty is in addition to the license fee.    The commissioner shall not issue a license to any person against whose surety a claim has been collected or any person against whom an irrevocable letter of credit has been drawn by the commissioner in accordance with this part 3 during the period of three years after the date of the collection; except that the commissioner may, in the commissioner's discretion and consistent with the purpose of this part 3, issue a temporary license to the person for the period, subject to such restrictions as the commissioner deems reasonable and necessary.    The commissioner shall not issue a renewal license to a licensee who is the subject of a pending verified complaint until the complaint has been settled to the satisfaction of the commissioner.    Upon the failure of an applicant to file a bond or an irrevocable letter of credit meeting the requirements of section 11-35-101.5, within ninety days after the date of application, the application will be rendered void, and the license fee will not be refunded. Any subsequent application for a license requires a new license fee.    Whenever the commissioner deems it appropriate, the commissioner may require a licensee or an applicant for an initial or renewal license to submit a financial statement or an audit prepared according to generally accepted accounting principles or any other information to determine whether the person is in an adequate financial position to carry out the person's duties as a licensee.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 742, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-105 as it existed prior to 2020.
CO Code § 35-36-306 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-306. 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 3 or section 35-36-104 or violated any of the rules promulgated by the commissioner pursuant to this article 36;    Been convicted of a felony under the laws of this state, any other state, or the United States; except that, in considering a 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;    Failed or refused to file with the commissioner a surety bond or an irrevocable letter of credit, as required by section 35-36-304;    Been determined by the commissioner to be in an inadequate financial position to meet liability obligations;    Failed to comply with a lawful order of the commissioner concerning the administration of this part 3; 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 the same or 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 section 35-36-305 and article 4 of title 24.    A previous violation of this part 3 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 3 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. 747, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-108 as it existed prior to 2020.
CO Code § 35-36-307 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-307. Credit Sale Contracts - Rules

  When a dealer or small-volume dealer purchases farm products for which payment has not been made, the dealer or small-volume dealer, within thirty days after the receipt of the farm products, shall provide the producer or owner of the farm products with a credit sale contract. The credit sale contract must contain the following information:   The type and quantity of farm products purchased and the date of purchase;    The charges for handling, if any;    The name and address of the producer or owner and the signature of the dealer or small-volume dealer or the authorized agent of the dealer or small-volume dealer;    The contract number required pursuant to subsection (4) of this section; and    One or more statements specified by the commissioner by rule, including one that warns a producer that entering into a credit sale contract entails a risk that the bond may not completely protect the producer from loss in the event of a failure of the dealer or small-volume dealer.       A dealer or small-volume dealer shall retain records of a dealer or small-volume dealer for a period of two years after the date of completion of the credit sale contracts, and the records must reflect those credit sale contracts that have been paid, canceled, or amended and those that are still open. The dealer or small-volume dealer shall keep the records at the dealer's or small-volume dealer's place of business at all times.    The commissioner shall require an annual report of the status of all of a dealer's or small-volume dealer's credit sale contracts along with the financial statement required under section 35-36-204 (1)(b).    A dealer or small-volume dealer shall consecutively number all credit sale contracts entered into by the dealer or small-volume dealer and make copies of the credit sale contracts available for inspection by the commissioner or the commissioner's authorized agents.    A dealer or small-volume dealer issuing credit sale contracts shall maintain positive working capital and a current ratio equal to or greater than one-to-one and reserves in an amount equaling or exceeding one hundred percent of the value of all of that dealer's or small-volume dealer's open credit sale contracts, which value shall be determined with reference to the daily bid price. The reserves may be in the form of any one or a combination of the following:   Cash;    Farm product assets, including farm products or other evidence of storage of farm products;    Credit sale contracts with other dealers or small-volume dealers licensed by the department; or    An irrevocable letter of credit in favor of the commissioner, which letter of credit is subject to section 35-36-216.        History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 748, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-111 as it existed prior to 2020.
CO Code § 35-36-308 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-308. Records of Dealers

  Every dealer handling farm products for a consignor having received any farm products on commission for sale shall promptly make and keep a correct record, showing in detail the following with reference to the handling, sale, or storage of the farm products:   The name and address of the consignor;    The date received;    The condition and quantity upon arrival;    The date of the sale for the account of the consignor;    The price for which sold;    An itemized statement of the charges to be paid by the consignor in connection with the sale;    The names and addresses of the purchasers if the dealer has a financial interest in the business of the purchasers or if the purchasers have a financial interest in the business of the dealer, directly or indirectly, as a holder of the other's corporate stock, as a copartner, as a lender or borrower of money to or from the other, or in any other capacity;    A lot number or other identifying mark for each consignment, which number or mark must appear on all sales tags or other essential records needed to show what the product actually sold for; and    Any claims that have been or may be filed by the dealer against any person for overcharges or for damages resulting from the injury or deterioration of the farm products by the act, neglect, or failure of the person. The dealer shall make the records available for inspection by the commissioner and the consignor for whom the claims are made.        History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 749, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-112 as it existed prior to 2020.
CO Code § 35-36-309 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-309. Records of Small-Volume Dealers

 Each small-volume dealer shall maintain records of all aspects of each purchase of farm products in the form and manner required by the commissioner.   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 750, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-113 as it existed prior to 2020.
CO Code § 35-36-310 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-310. Daily Reports and Settlements

  When requested by a dealer's consignor, the dealer, before the close of the next business day following the sale of any farm products consigned to the dealer, shall transmit or deliver to the owner or consignor a true written report of the sale, showing the amount sold and the selling price. The dealer shall make remittance in full to the consigner of the amount realized from the sale, including all collections, overcharges, and damages, less the agreed commission and other charges together with a complete account of sales within ten days after the receipt of the money by the dealer unless otherwise agreed to in writing. In the account, the names and addresses of purchasers need not be given, except as required in section 35-36-308.    Every dealer shall retain a copy of the record covering each consignment transaction for a period of one year after the date of the consignment transaction, which copy the dealer shall, at all times, make available for, and open to, inspection by the commissioner and the consignor or the authorized representative of either.    Every dealer shall pay for farm products delivered to the dealer on the date and in the manner specified in the contract with the owner or, if no date is set by the contract or on the date of the delivery, within thirty days after the date of the delivery or the taking possession of the farm products.     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 750, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-114 as it existed prior to 2020.
CO Code § 35-36-311 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-311. Pooled Consignment

 Local produce or fruit associations or other shippers located in the neighborhood where farm products are grown may receive a reasonable compensation for loading, shipping, and securing persons to handle the products on commission in markets away from the locality where grown. Dealers receiving consignments of farm products from a number of consignors under written agreements or under written authority from them to market the products in season and prorate the net proceeds of the consignments among all consignors or to market the same in connection with other products of the same class may withhold the proportion of the net returns of sales of the consignments as may be necessary to carry out the agreements pertaining to the consignments until final sales have been made. In every case, final settlement shall be made within fifteen days after the final sale of the consignment, unless otherwise agreed to in writing by the consignor.   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 751, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-115 as it existed prior to 2020.
CO Code § 35-36-312 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 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.   History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 751, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-116 as it existed prior to 2020.
CO Code § 35-36-314 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 3 - Farm Products|§ 35-36-314. Penalties for Theft of Farm Products

  If farm products are contracted for sale to an out-of-state purchaser, the purchaser is subject to the jurisdiction of the courts of this state in accordance with section 13-1-124 (1)(a). The seller is entitled to all remedies at law in seeking the return of the farm products when the purchaser takes delivery of the products but is unable or refuses to make payment for the products and the products have been physically removed to another state. The court shall give the action priority on the court's docket.    If a person purchases farm products in this state and removes the products to another state and issues a check in payment for those products knowing there are insufficient funds, as defined in section 18-5-205 (1)(d), to pay for the products, the person commits theft of farm products and shall be punished as provided in section 18-4-401 (2).     History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 753, § 2, effective June 29.    Editor's note:   This section is similar to former § 35-37-121 as it existed prior to 2020.