reglab/housing_qa huggingface dataset:
CO Code § 35-3-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 3 - Conservation and Adjustment Law|§ 35-3-107. Powers and Duties of State Agency

  The department shall utilize such available services and assistance of other state agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or calculated to assist substantially in the effective administration of this article.    The department has authority to make such rules and regulations, consistent with the provisions of this article, and to do any and all other acts consistent with the provisions of this article, which it finds to be necessary or proper for the effective administration of this article.    The department has the authority to obtain, by lease or purchase, such equipment, office accommodations, facilities, services, and supplies, and to employ, pursuant to section 13 of article XII of the state constitution, such technical or legal experts or assistants and such other employees, including clerical and stenographic help, as it determines to be necessary or proper to carry out the provisions of this article, and to determine the qualifications, duties, and compensation of such experts, assistants, and other employees.    All other agencies of this state are authorized to assist said department in carrying out the provisions of this article, upon written request of the department, in any manner determined by the department to be necessary or appropriate for the effective administration of this article.     History. Source: L. 37: P. 263, § 7. CSA: C. 5, § 67. CRS 53: § 6-3-7 . C.R.S. 1963: § 6-3-7 .    Cross references:   For rule-making procedures, see article 4 of title 24; for the state personnel system, see § 13 of article XII of the state constitution.
CO Code § 35-3-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 3 - Conservation and Adjustment Law|§ 35-3-108. Districts and Communities

  The department shall designate within the state five agricultural districts. As far as practicable, such districts shall be so constituted as to contain approximately equal numbers of agricultural producers. Such districts shall include in the aggregate all of the land in the state.    The department shall also designate within each county of this state such geographic units, which shall be called communities, as it determines to be the most convenient for the administration of this article and of state plans adopted pursuant to this article, and it shall establish the boundaries of such communities.    The department may revise the boundaries of such agricultural districts and of such communities, in conformity with the respective standards prescribed in this article, at such times as it finds that such revision is necessary either to cause such districts or communities, or both, to conform to said standards or to provide for the more substantial or more efficient accomplishment of the purposes of this article.     History. Source: L. 37: P. 264, § 8. CSA: C. 5, § 68. CRS 53: § 6-3-8 . C.R.S. 1963: § 6-3-8 .
CO Code § 35-3-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 3 - Conservation and Adjustment Law|§ 35-3-109. Community and County Committees

  The department by regulations shall provide:   For the organization within each community of a voluntary association, in which all agricultural producers who are citizens of this state and residents in such community shall be entitled to equal participation; for the selection by each such association of a community committee, composed of three members of such association; and for the selection of a chairman of each such community committee;    For the selection by the members of such community committees within each county of a county committee for such county, composed of three members of such community committees, and for the selection of a chairman of each such county committee.        History. Source: L. 37: P. 265, § 9. CSA: C. 5, § 69. CRS 53: § 6-3-9 . C.R.S. 1963: § 6-3-9 .
CO Code § 35-3-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 3 - Conservation and Adjustment Law|§ 35-3-111. Reports - Publications

 The administrative officer within the department charged with administration of this article shall report to the commissioner at such times and on such matters as the commissioner may require. Publications made pursuant to this article and circulated in quantity outside the department are subject to the approval and control of the commissioner.   History. Source: L. 37: P. 266, § 11. CSA: C. 5, § 71. CRS 53: § 6-3-11 . C.R.S. 1963: § 6-3-11 . L. 64: P. 124, § 25.
CO Code § 35-3.5-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 3.5 - Nuisance Liability of Agricultural Operations|§ 35-3.5-101. Legislative Declaration

 It is the declared policy of the state of Colorado to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The general assembly recognizes that, when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, a number of agricultural operations are forced to cease operations, and many others are discouraged from making investments in farm improvements. It is the purpose of this article to reduce the loss to the state of Colorado of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. It is further recognized that units of local government may adopt ordinances or pass resolutions that provide additional protection for agricultural operations consistent with the interests of the affected agricultural community, without diminishing the rights of any real property interests.   History. Source: L. 81: Entire article added, p. 1694, § 1, effective July 1. L. 96: Entire section amended, p. 675, § 1, effective May 2.
CO Code § 35-3.5-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 3.5 - Nuisance Liability of Agricultural Operations|§ 35-3.5-103. Severability

 If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.   History. Source: L. 81: Entire article added, p. 1695, § 1, effective July 1.
CO Code § 35-4-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-101. Short Title

 This article shall be known and may be cited as the “Pest Control Act”.   History. Source: L. 37: P. 643, § 2. CSA: C. 80, § 44. CRS 53: § 6-10-1 . C.R.S. 1963: § 6-10-1 .
CO Code § 35-4-101.5 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-101.5. Legislative Declaration

 The general assembly hereby finds and declares that there is a need to prevent the introduction into Colorado and the dissemination within this state of plant pests through the movement of plant products and other plant material. This act provides for the regulation of the movement of plant products, materials, and pests in Colorado and establishes provisions under which such plant products and materials may legally enter or leave the state. This act also provides for the establishment of interstate and intrastate quarantines to restrict the movement of plant products, materials, and pests. To this end, the commissioner of agriculture is hereby directed and authorized to control and prevent, by such means as shall be prescribed and provided by law, rule, or order of the commissioner, all contagious, infectious, and plant pests destructive to the state's agricultural, forestry, or horticultural interests or to the state's general environmental quality.   History. Source: L. 2007: Entire section added, p. 925, § 1, effective July 1.
CO Code § 35-4-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-103. Administration

  The commissioner shall administer this article. A board of county commissioners shall concurrently administer this article and shall have full authority for the proper enforcement thereof by county pest inspectors employed by said board of county commissioners.      Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made, order issued, or quarantine declared pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made, order issued, or quarantine declared pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease immediately.    At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted promptly and shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S.       Whenever the commissioner possesses sufficient evidence satisfactory to the commissioner indicating that a person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or rule, order, or quarantine, the commissioner may apply to any court of competent jurisdiction for an order to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule, quarantine, or order under this article. 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.    The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of a witness to obey a subpoena, the commissioner may petition the district court, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as a contempt of court.      History. Source: L. 37: P. 644, § 5. CSA: C. 80, § 47. CRS 53: § 6-10-3 . C.R.S. 1963: § 6-10-3 . L. 78: Entire section amended, p. 456, § 2, effective April 27. L. 85: Entire section amended, p. 1130, § 2, effective May 16. L. 96: Entire section amended, p. 320, § 1, effective April 16. L. 97: (3) amended, p. 24, § 1, effective March 20. L. 2007: (2)(a) and (3) amended, p. 925, § 2, effective July 1.
CO Code § 35-4-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-104. County Pest Inspectors

 The persons who may be employed under this article, aside from employees of the department of agriculture, shall be county pest inspectors and their deputies, who shall be appointed by the board of county commissioners of the county where they are to serve and receive their pay. The board of county commissioners of any county when petitioned by not less than fifty landowners of the county shall appoint a county pest inspector at its next regular board meeting.   History. Source: L. 37: P. 644, § 6. CSA: C. 80, § 48. CRS 53: § 6-10-4 . C.R.S. 1963: § 6-10-4 .    Cross references:   For appointment of county pest inspectors in pest control districts, see § 35-5-106 .
CO Code § 35-4-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-105. Compensation

 A county pest inspector shall receive such compensation as may be fixed by the board of county commissioners hiring such county pest inspector. The board of county commissioners shall provide for reimbursement of the county pest inspector for actual expenses incurred in carrying out the provisions of this article.   History. Source: L. 37: P. 644, § 7. CSA: C. 80, § 49. CRS 53: § 6-10-5 . C.R.S. 1963: § 6-10-5 . L. 78: Entire section R&RE, p. 456, § 3, effective April 27.
CO Code § 35-4-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-106. County Pest Inspectors - Examination of Applicants

 It is the duty of a board of county commissioners to examine all applicants for the positions of county pest inspectors, and, if an applicant is found competent and fully qualified to perform the duties of the office, the board shall issue a license as county pest inspector. A person shall not act as county pest inspector without a license. The license is valid for three years.   History. Source: L. 37: P. 645, § 8. CSA: C. 80, § 50. CRS 53: § 6-10-6 . C.R.S. 1963: § 6-10-6 . L. 78: Entire section amended, p. 456, § 4, effective April 27. L. 85: Entire section amended, p. 1131, § 3, effective May 16. L. 2013: Entire section amended,(HB 13-1250), ch. 240, p. 1166, § 1, effective August 7.    ANNOTATION   Court may not substitute its judgment for that of department concerning the qualifications of county pest inspectors, nor interfere with its discretion in determining the qualifications of an appointee to such position. Gillette v. People ex rel. Rice, 86 Colo. 185 , 279 P. 40 (1929).   But mandamus will lie to compel issuance of license arbitrarily withheld. If an appointee is, in the opinion of the department, competent and qualified to perform the duties of the office, and a license is arbitrarily withheld, mandamus will lie to compel its issuance. Gillette v. People ex rel. Rice, 86 Colo. 185 , 279 P. 40 (1929).
CO Code § 35-4-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-108. Unlawful to Transport Pests

  It is unlawful for any person, by any means whatsoever, to knowingly transport, into or in Colorado, live pests or host material which may be injurious to agriculture or horticulture in this state, without permission from the commissioner.    The commissioner may issue and enforce a hold order against any person who owns or controls any nursery stock, agricultural crop, or other plant material that is suspected of harboring a plant pest or disease, for the purpose of isolating the material, restricting its movement, and specifying appropriate sanitary measures pending completion of testing to confirm the presence of such pest or disease.     History. Source: L. 37: P. 647, § 10. CSA: C. 80, § 52. CRS 53: § 6-10-8 . C.R.S. 1963: § 6-10-8 . L. 85: Entire section amended, p. 1132, § 5, effective May 16. L. 2007: Entire section amended, p. 926, § 3, effective July 1.
CO Code § 35-4-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-109. Emergency Disposal of Plant Material

 Any shipment of any plant material into Colorado when found to be in violation of a quarantine declared pursuant to section 35-4-110 or when found to carry exotic pests not previously found in the United States or pests known to cause high levels of economic damage under similar conditions of climate and natural habitat in other areas outside this state by the commissioner may be placed in isolation or quarantine by the commissioner and shall be completely under the commissioner's control. The owner or bailee shall comply with all terms of the quarantine, abate such pests as directed by and to the satisfaction of the commissioner or remove such shipment from the state within such time as ordered by the commissioner. Articles not removed from the state as ordered shall be destroyed by the commissioner with no recompense therefor to the owner. Any owner or bailee claiming that his or her shipment of plant material was destroyed or ordered removed from the state without reasonable justification may request a hearing on that issue before the commissioner within ten days after such destruction or order of removal. If it is determined that a shipment of plant material was destroyed or ordered removed from the state by the commissioner without reasonable justification and that such action was done arbitrarily and capriciously, the department of agriculture shall reimburse such owner or bailee for any losses suffered.   History. Source: L. 37: P. 647, § 11. CSA: C. 80, § 53. CRS 53: § 6-10-9 . C.R.S. 1963: § 6-10-9 . L. 78: Entire section amended, p. 458, § 6, effective April 27. L. 85: Entire section amended, p. 1132, § 6, effective May 16. L. 96: Entire section amended, p. 321, § 2, effective April 16.
CO Code § 35-4-110.5 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-110.5. Declaration of Quarantine Emergency

  The commissioner shall notify the governor of the necessity for declaring a quarantine emergency if all of the following conditions are met:   The commissioner has declared a quarantine pursuant to section 35-4-110 (1) or (2) or both.    The commissioner has determined that the pest which is the subject of the quarantine is being or may be spread.    The commissioner has determined that the pest poses a serious threat of economic harm to any segment of the agricultural or horticultural industry of this state.       Upon being so notified by the commissioner, the governor may declare a state of quarantine emergency to be in effect. Such state of emergency shall be in effect for no more than one hundred eighty days and may be renewed for successive periods of no more than one hundred eighty days upon certification by the commissioner to the governor that the threat from the pest continues to exist and continues to justify the emergency enforcement measures.    When the governor declares a quarantine emergency, the governor is authorized to accept assistance, services, facilities, and grants tendered by federal and local governmental units or other persons.    (Deleted by amendment,L. 96, p. 321, § 4, effective April 16, 1996.)     History. Source: L. 85: Entire section added, p. 1134, § 8, effective May 16. L. 96: (2), (3), and (4) amended, p. 321, § 4, effective April 16.
CO Code § 35-4-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-111. Inspections - Certificates - Remedial Measures

  Should any owner or bailee request 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 and shall charge the owner or bailee adequate fees to cover the cost of such inspections and certificates. The commissioner has authority to impound and prohibit movement, sale, or disposal of such crops, plant material, or other articles until such fees are paid. The release of such crops, plant material, or other articles shall also be dependent on meeting all inspection requirements.    The commissioner may conduct inspections and issue phytosanitary and export certificates on plants for individual shipment to other states or foreign countries if those plants comply with the requirements or regulations of such state or foreign country. The commissioner may collect inspection and certification fees, in an amount established by the agricultural commission, to cover the direct and indirect costs of providing such services. All fees collected pursuant to this section 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 phytosanitary 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.    The commission may enter into compliance agreements with producers and distributors of nursery stock, agricultural crops, and other plant materials for the purpose of certifying such plant materials as pest-free for export certification. At any time after entering into such an agreement, if the commissioner has reason to believe that the producer or distributor of the plant material that is the subject of the agreement has failed to comply with all of the terms of the agreement, the commissioner may terminate the agreement by giving the producer or distributor written notice of such termination and the grounds therefor.     History. Source: L. 37: P. 648, § 13. CSA: C. 80, § 55. CRS 53: § 6-10-11 . C.R.S. 1963: § 6-10-11 . L. 78: Entire section amended, p. 459, § 7, effective April 27. L. 85: Entire section amended, p. 1134, § 9, effective May 16. L. 2007: Entire section amended, p. 927, § 5, effective July 1. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 315, § 3, effective July 1.
CO Code § 35-4-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-112. Right of Entry

 Except as provided in section 35-4-107 , the commissioner and any authorized agent thereof and county pest inspectors employed under this article, together with such help as they may need in the prosecution of their work, are authorized upon consent or upon obtaining an administrative search warrant, during reasonable business hours, to enter upon or into any premises, land, buildings, or other places of business for the purpose of carrying out the provisions of this article.   History. Source: L. 37: P. 649, § 16. CSA: C. 80, § 58. CRS 53: § 6-10-12 . C.R.S. 1963: § 6-10-12 . L. 78: Entire section amended, p. 459, § 8, effective April 27. L. 85: Entire section amended, p. 1134, § 10, effective May 16. L. 96: Entire section amended, p. 322, § 5, effective April 16.
CO Code § 35-4-113 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-113. Authority of Commissioner to Enter Into Agreements

  The commissioner may enter into agreements with other agencies of this state or of other states or any agency of the federal government and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article.    The commissioner may enter into agreements with any agency of the federal government for the purposes of inspecting sites and plants and monitoring compliance with post-entry quarantine as required by the federal “Plant Protection Act”, 7 U.S.C. sec. 7712, as amended, and the rules promulgated pursuant thereto. The actual costs to offset the cash funds expended by the commissioner pursuant to such agreement, including, but not limited to, promulgating any rules necessary for the administration and enforcement of such agreement and conducting inspections of sites and plants shall be recovered from the persons who have signed post-entry quarantine growing agreements covering the sites where the articles are grown or, if no such agreement exists, from the owners of the articles at the growing sites.    The commissioner may enter into cooperative agreements with any other state or federal agency for the purpose of conducting inspections and issuing phytosanitary certificates pursuant to section 35-4-111.     History. Source: L. 37: P. 649, § 17. CSA: C. 80, § 59. CRS 53: § 6-10-13 . C.R.S. 1963: § 6-10-13 . L. 78: Entire section amended, p. 459, § 9, effective April 27. L. 85: Entire section amended, p. 1135, § 11, effective May 16. L. 96: Entire section amended, p. 322, § 6, effective April 16. L. 2007: (2) amended and (3) added, p. 927, § 6, effective July 1.
CO Code § 35-4-113.5 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 4 - Pest Control|§ 35-4-113.5. Delegation of Duties

 The commissioner, in his discretion, may delegate his authority to an employee to execute the provisions of this article.   History. Source: L. 85: Entire section added, p. 1135, § 12, effective May 16.