reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 35-36-204 - Licenses - requirements - rules

(1)
To receive or maintain a license, each applicant or licensee for an initial or renewal license must satisfy the following requirements:
(a)
(I)
Except as provided in subsection (1)(a)(II) of this section, the applicant or licensee shall furnish the commissioner with evidence of minimum provisional insurance coverage in an amount sufficient to protect the applicant's storage obligations. If, at any time, the commissioner evaluates an applicant's provisional insurance coverage to be insufficient, the commissioner may require such additional insurance as the commissioner considers sufficient. Failure to provide evidence of the additional insurance within thirty days after written notice from the commissioner constitutes grounds for the suspension or revocation of the license.
(II)
A small-volume commodity handler need not comply with subsection (1)(a)(I) of this section.
(b)
(I)
Except as provided in subsection (1)(b)(III) of this section, the applicant must furnish the commissioner with a financial statement that presents accurately the applicant's or licensee's financial condition. The commissioner may promulgate rules that clearly state the information required from each applicant or licensee under this section. Any financial statement submitted to the commissioner in support of a license application made pursuant to this part 2 is confidential.
(II)
Whenever the commissioner deems it appropriate, the commissioner may require an applicant for an initial license, an applicant for a renewal of a license, or a licensee to submit a financial statement or an audit prepared by a certified public accountant or any other information the commissioner deems necessary to determine whether the person is in an adequate financial position to carry out the person's duties as a licensee.
(III)
A small-volume commodity handler need not comply with the financial statement submission requirement set forth in subsection (1)(b)(I) of this section.
(2)
If a licensee fails to apply for license renewal 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. The penalty is in addition to the license fee.
Renumbered from C.R.S. §
35-36-106
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-206 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 726, p. 726, § 2, effective June 29.
This section is similar to former § 35-36-106 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 35-36-205 - Disciplinary powers - licenses

(1)
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:
(a)
Violated this part 2 or section
35-36-104
or violated any of the rules promulgated by the commissioner pursuant to this article 36;
(b)
Failed to place and keep the premises of the licensed business in the manner required under this part 2;
(c)
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
;
(d)
Committed fraud or deception in the procurement or attempted procurement of a license;
(e)
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
;
(f)
Been determined by the commissioner to be in an inadequate financial position to meet liability obligations;
(g)
Failed to comply with any lawful order of the commissioner concerning the administration of this part 2; or
(h)
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.
(2)
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
.
(3)
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.
Renumbered from C.R.S. §
35-36-107
and amended by 2020 Ch. 160,§2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-206.5 and amended by 2017 Ch. 262,§1, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 727, p. 727, § 2, effective June 29.
This section is similar to former § 35-36-107 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 35-36-206 - Bailment of commodities

(1)
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.
(2)
Forwarded commodities shall be used only to meet the storage obligation to the forwarding warehouse operator.
(3)
The purchase of a commodity does not constitute a bailment.
Renumbered from C.R.S. §
35-36-108
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-207 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 728, p. 728, § 2, effective June 29.
This section is similar to former § 35-36-108 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 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.
Renumbered from C.R.S. §
35-36-110
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-209 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 729, p. 729, § 2, effective June 29.
This section is similar to former § 35-36-110 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 35-36-209 - Negotiable warehouse receipts - rules

(1)
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.
(2)
The department is the sole source of paper negotiable warehouse receipts and shall furnish those receipts at cost.
(3)
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.
(4)
The commissioner may promulgate rules regarding the issuance, use, and records requirements of negotiable warehouse receipts.
Renumbered from C.R.S. §
35-36-112
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-211 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.
Amended by 2013 Ch. 5,§ 6, eff. 9/1/2013.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 729, p. 729, § 2, effective June 29.
This section is similar to former § 35-36-112 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 35-36-210 - Use of scale tickets and negotiable warehouse receipts

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
Renumbered from C.R.S. §
35-36-113
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-212 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.
Amended by 2013 Ch. 5,§ 7, eff. 9/1/2013.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 730, p. 730, § 2, effective June 29.
This section is similar to former § 35-36-113 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 35-36-212 - Warehouse operator's liability for disposal of tainted commodities

(1)
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.
(2)
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.
(3)
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.
(4)
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.
Renumbered from C.R.S. §
35-36-115
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-214 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 732, p. 732, § 2, effective June 29.
This section is similar to former § 35-36-115 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 2 - COMMODITIES (§§ 35-36-201 — 35-36-217) › Section 35-36-215 - Inspection fees

(1)
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.
(2)
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.
(3)
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
.
Renumbered from C.R.S. §
35-36-118
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-217 and amended by 2017 Ch. 262,§ 1, eff. 8/9/2017.
Amended by 2013 Ch. 316,§ 19, eff. 8/7/2013.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 738, p. 738, § 2, effective June 29.
This section is similar to former § 35-36-118 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 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.
Renumbered from C.R.S. §
35-37-102
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-102 and amended by 2017 Ch. 262,§ 2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 741, p. 741, § 2, effective June 29.
This section is similar to former § 35-37-102 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 35-36-306 - Disciplinary powers - licenses

(1)
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:
(a)
Violated this part 3 or section
35-36-104
or violated any of the rules promulgated by the commissioner pursuant to this article 36;
(b)
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
;
(c)
Committed fraud or deception in the procurement or attempted procurement of a license;
(d)
Failed or refused to file with the commissioner a surety bond or an irrevocable letter of credit, as required by section
35-36-304
;
(e)
Been determined by the commissioner to be in an inadequate financial position to meet liability obligations;
(f)
Failed to comply with a lawful order of the commissioner concerning the administration of this part 3; or
(g)
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.
(2)
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
.
(3)
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.
Renumbered from C.R.S. §
35-37-108
and amended by 2020 Ch. 160,§2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-108 and amended by 2017 Ch. 262,§2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 747, p. 747, § 2, effective June 29.
This section is similar to former § 35-37-108 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 35-36-308 - Records of dealers

(1)
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:
(a)
The name and address of the consignor;
(b)
The date received;
(c)
The condition and quantity upon arrival;
(d)
The date of the sale for the account of the consignor;
(e)
The price for which sold;
(f)
An itemized statement of the charges to be paid by the consignor in connection with the sale;
(g)
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;
(h)
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
(i)
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.
Renumbered from C.R.S. §
35-37-112
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-111 and amended by 2017 Ch. 262,§ 2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 749, p. 749, § 2, effective June 29.
This section is similar to former § 35-37-112 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 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.
Renumbered from C.R.S. §
35-37-113
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-111.5 and amended by 2017 Ch. 262,§ 2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 750, p. 750, § 2, effective June 29.
This section is similar to former § 35-37-113 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 35-36-310 - Daily reports and settlements

(1)
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
.
(2)
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.
(3)
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.
Renumbered from C.R.S. §
35-37-114
and amended by 2020 Ch. 160,§2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-112 and amended by 2017 Ch. 262,§2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 750, p. 750, § 2, effective June 29.
This section is similar to former § 35-37-114 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 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.
Renumbered from C.R.S. §
35-37-115
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-113 and amended by 2017 Ch. 262,§ 2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 751, p. 751, § 2, effective June 29.
This section is similar to former § 35-37-115 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 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.
Renumbered from C.R.S. §
35-37-116
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-114 and amended by 2017 Ch. 262,§ 2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 751, p. 751, § 2, effective June 29.
This section is similar to former § 35-37-116 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 36 - COMMODITIES HANDLERS AND FARM PRODUCTS (§§ 35-36-101 — 35-36-314) › Part 3 - FARM PRODUCTS (§§ 35-36-301 — 35-36-314) › Section 35-36-314 - Penalties for theft of farm products

(1)
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.
(2)
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)
.
Renumbered from C.R.S. §
35-37-121
and amended by 2020 Ch. 160,§ 2, eff. 6/29/2020.
Renumbered from C.R.S. § 12-16-118 and amended by 2017 Ch. 262,§ 2, eff. 8/9/2017.
L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 753, p. 753, § 2, effective June 29.
This section is similar to former § 35-37-121 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 37 - [Repealed] (§ 35-37-101) › Section 35-37-101 - to 35-37-122 - [Repealed]

Repealed by 2020 Ch. 160,§3, eff. 6/29/2020.
L. 2020: Entire article repealed, (HB 20-1213), ch. 753, p. 753, § 3, effective June 29.
This article 37 was added with relocations in 2017. This article 37 was relocated to article
36
of this title 35. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
L. 2017: Entire article added with relocations, (SB 17-225), ch. 262, p. 1230, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-101 - Short title

This article shall be known and may be cited as the "Colorado Farm Equipment Fair Dealership Act".
L. 95: Entire article R&RE, p. 363, § 1, effective July 1.
This section is similar to former § 35-38-101 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Dealer agreement" means an oral or written contract or agreement of definite or indefinite duration between a supplier and an equipment dealer that prescribes the rights and obligations of each party with respect to the purchase or sale of equipment.
(2)
(a)
"Equipment" means a machine designed for or adapted and used for agriculture, horticulture, floriculture, livestock, grazing, light industrial, utility, and outdoor power equipment. "Equipment" does not include earthmoving and heavy construction equipment, mining equipment, or forestry equipment.
(b)
Nothing in paragraph (a) of this subsection (2), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(3)
"Equipment dealer" or "dealer" means any person, partnership, corporation, association, or other form of business enterprise that is primarily engaged in the retail sale of equipment.
(4)
"Net cost" means the price the equipment dealer pays to the supplier for equipment, including the freight costs from the supplier's location to the equipment dealer's location, minus all applicable discounts allowed by the supplier.
(5)
"Net price" means the price listed for repair parts in the supplier's price list or catalog in effect at the time the dealer's agreement terminates.
(6)
"Superseded part" means any part with a discontinued part number already purchased from the supplier that has not been modified or improved and can perform the same function as a part currently available for purchase from such supplier's stock.
(7)
(a)
"Supplier" means any person, partnership, corporation, association, or other business enterprise that is engaged in the manufacturing, assembly, or wholesale institution of equipment or repair parts, or both, and includes any successor in interest. "Supplier" includes a purchaser of assets or a surviving corporation that results from a merger, liquidation, or reorganization of the original supplier.
(b)
"Supplier" does not mean any person, partnership, corporation, association, or other business enterprise, that is not otherwise a supplier, that engages in the manufacture or wholesaler distribution of nonmoving parts that are not equipment but that may be used to enhance the operation or comfort of equipment.
L. 95: Entire article R&RE, p. 363, § 1, effective July 1. L. 2005: (2) amended, p. 351, § 12, effective August 8.
This section is similar to former § 35-38-102 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-105 - Surplus parts inventory - credits

(1)
(a)
Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, but no less than once every twelve months, return a portion of the dealer's surplus parts inventory for credit.
(b)
The supplier shall notify the dealer of a time period during which a dealer may submit the dealer's surplus parts list and return inventory. A supplier may stagger return periods for its dealers.
(2)
If a supplier has not notified its dealer of a specific time period for returning surplus parts within the preceding twelve-month period, it shall allow the dealer to return surplus parts within sixty days of receiving the dealer's request to make such return.
(3)
(a)
A supplier shall allow surplus-parts return on a dollar value of parts equal to ten percent of the total dollar value of all parts purchased by the dealer from the supplier during either the twelve-month period immediately preceding the supplier's notification to the dealer of the supplier's return program or, if subsection (2) of this section applies, the month the dealer makes a return request.
(b)
The dealer may elect to return a dollar value of the surplus parts equal to less than ten percent of the total dollar value of the parts the dealer purchased during the preceding twelve months.
(4)
A dealer may not return obsolete parts; except that a dealer may return a part for credit if such part is found in the supplier's current returnable parts list or any superseded part that is not the subject of the supplier's parts return program as of the date of termination.
(5)
A dealer shall return only new and unused parts to the supplier of such parts.
(6)
The minimum credit allowed for returned parts is ninety-five percent of the net price as listed in the supplier's current returnable parts list as of the date that the supplier provides notice of its return program or, if subsection (2) of this section applies, the date that the dealer submits a request for return.
(7)
A supplier shall issue credit within ninety days after receiving a return part.
(8)
Nothing in this section shall be construed to prevent a supplier from charging back to the dealer's account amounts previously paid or credited as a discounted incident to the dealer's purchase of equipment.
L. 95: Entire article R&RE, p. 368, § 1, effective July 1.
This section is similar to former § 35-38-104 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-107 - Repurchase - title - security interest

Upon paying the equipment dealer, the title and right to possession of the repurchased inventory shall transfer to the supplier and the equipment dealer shall have a continuing perfected security interest in the inventory. Upon such payment, the security interest of the supplier shall be perfected without the filing of a financing statement for a period of six years.
L. 95: Entire article R&RE, p. 371, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-108 - Death or incapacitation of equipment dealer

(1)
If an equipment dealer dies or becomes incapacitated, the supplier shall repurchase the inventory from the estate pursuant to the inventory repurchase provision of section
35-38-104
as if the supplier had terminated the dealer agreement. The guardian, the executor, or, if the dealer dies intestate, the heirs shall have six months from the date of the dealers incapacity or death to submit inventory for repurchase.
(2)
Nothing in this section shall be construed to require a supplier to repurchase inventory if the supplier and a dealer's family member have entered into a new dealer agreement.
(3)
Nothing in this section shall be construed to entitle a guardian, heir, or personal representative of an incapacitated or deceased dealer to operate a dealership for more than six months after the dealer's incapacity or death without the consent of the supplier.
(4)
This section shall be supplemental to an agreement between the dealer and the supplier that covers the return of equipment, attachments, and repair parts.
(5)
Nothing in this section shall be construed to limit the right of a supplier to charge back to the dealer's account amounts previously paid or credited as a discount pertaining to the equipment dealer's purchase of equipment.
(6)
For the purposes of this section, "dealer" means an owner, an equal or majority partner, or the majority stockholder of a corporation who operates as an equipment dealer.
L. 95: Entire article R&RE, p. 371, § 1, effective July 1.
This section is similar to former § 35-38-108 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-109 - Cause of action - remedies

(1)
An equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation of the provisions of this article. The dealer may also recover costs and reasonable attorney fees.
(2)
An equipment dealer may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or change in competitive circumstances.
(3)
The remedies provided by this section are in addition to any other remedies permitted by law and shall not affect laws relating to product liability actions.
L. 95: Entire article R&RE, p. 372, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-110 - Current agreements - effect of law - void provisions

(1)
Effective July 1, 1995, this article shall apply to dealer agreements at the time such agreements are extended, revised, modified, or changed in any manner and shall apply to all dealer agreements entered into or renewed on or after July 1, 1995.
(2)
A provision in any contract or agreement with respect to a supplier that requires jurisdiction or venue outside of this state or requires the application of the laws of another state or country is void with respect to a claim otherwise enforceable under this article.
L. 95: Entire article R&RE, p. 372, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 38 - FARM EQUIPMENT DEALERSHIPS (§§ 35-38-101 — 35-38-111) › Section 35-38-111 - Warranties

(1)
A supplier shall provide a fair and reasonable warranty agreement on any new equipment that it sells and shall fairly compensate each dealer for parts and labor used in fulfilling such warranty agreement.
(2)
Any claim made by a dealer related to a warranty agreement shall be:
(a)
Approved or disapproved within sixty days after receipt by the supplier; and
(b)
Paid within thirty days after approval by the supplier.
(3)
For disapproval of any warranty claim submitted by a dealer, such dealer shall be notified in writing of the specific reasons for the disapproval and of any action necessary for approval of the claim and shall be given a reasonable time period in which to complete such action.
(4)
Warranty work performed by a dealer pursuant to this section shall be compensated at a reimbursement rate that is reasonable and customary to the industry.
(5)
The supplier shall have the right to adjust for errors discovered during an audit and to adjust any claims collected in error.
L. 95: Entire article R&RE, p. 372, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 39 - [Repealed] (§ 35-39-101) › Section 35-39-101 - to 35-39-106 - [Repealed]

(1) This article was added in 1978.
(2) Section 35-39-106 provided for the repeal of this article, effective July 1, 1985. (See L. 78, p. 464.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-100.2 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Animal" means coyotes, foxes, bobcats, bears, mountain lions, wolves, beavers, muskrats, raccoons, opossums, and striped skunks and any animals identified by rule promulgated by the commissioner and approved by the parks and wildlife commission.
(1.5)
"At risk" means any depredating animal species that has been designated by the parks and wildlife commission as endangered, threatened, or at risk after:
(a)
A scientific investigation by the division of parks and wildlife in the department of natural resources that is based on valid, sound, and objective data and analysis that substantiates such designation; and
(b)
Presentation of scientifically valid data, analysis, or commentary by the commissioner relating to depredating animals; and
(c)
Presentation of scientifically valid data, analysis, or commentary by objective professionals, mutually identified by the state agricultural commission and the parks and wildlife commission relating to depredating animals.
(2)
"Board" means the Colorado sheep and wool board.
(3)
"Commissioner" means the commissioner of agriculture.
(4)
"Depredating animal" means any animal, animals, or group of animals that pose a threat to an agricultural product or resource.
(5)
"Pose a threat" means the threat of causing economic loss by killing or damaging an agricultural product or resource or consuming stored agricultural products. A threat shall be presumed to be posed when damage has historically occurred, is occurring, or when it is necessary to prevent depredating animals from inflicting death or injury to livestock or damaging agricultural products or resources.
L. 89: Entire section added, p. 1396, § 1, effective July 1. L. 96: Entire section amended, p. 294, § 2, effective April 12. L. 2012: (1), IP(1.5), and (1.5)(c) amended, (HB 12-1317), ch. 248, p. 1236, § 97, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-102 - Control of depredating animals

To further promote the control of depredating animals, the organized and systematic plan for such control may be extended by cooperative agreements between any person including, but not limited to, counties, associations, or corporations on the one part and the commissioner and the United States, or either of them, on the other part.
L. 35: p. 927, § 2. CSA: C. 73, § 15. CRS 53: § 8-7-2. C.R.S. 1963: § 8-7-2. L. 73: p. 226, § 2. L. 89: Entire section amended, p. 1397, § 3, effective July 1. L. 96: Entire section amended, p. 297, § 4, effective April 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-103 - [Repealed]

L. 35: p. 927, § 3. CSA: C. 73, § 16. L. 37: p. 591, § 1. L. 39: p. 399, § 1. L. 41: p. 210, § 2. L. 43: p. 265, § 1. L. 45: p. 139, § 1. L. 47: p. 474, § 1. CRS 53: § 8-7-3. C.R.S. 1963: § 8-7-3. L. 73: p. 227, § 3. L. 2006: Entire section repealed, p. 148, § 27, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-104 - Predatory animal control license fee on sheep - predatory animal fund

(1) and (2)
(Deleted by amendment, L. 97, p. 180, § 7, effective March 31, 1997.)
(3) to (5)
Repealed.
L. 41: p. 211, § 3. CSA: C. 73, § 16(1). L. 43: p. 265, § 2. L. 45: p. 139, § 2. L. 47: p. 474, § 2. L. 49: p. 435, § 1. L. 52: p. 116, § 1. CRS 53: § 8-7-4. L. 57: p. 141,§ 1. C.R.S. 1963: § 8-7-4. L. 67: p. 93, § 1. L. 83: Entire section R&RE, p. 2075, § 1, effective October 7. L. 89: (2) amended, (3) R&RE, and (4) repealed, pp. 1397, 1402, §§ 4, 5, 11, effective July 1. L. 97: (1) to (3) amended, p. 180, § 7, effective March 31. L. 2006: (3) repealed and (5) added, p. 148, §§ 28, 29, effective August 7. L. 2010: (5) repealed, (HB 10 -1422), ch. 419, p. 2120, § 170, effective August 11.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-105 - [Repealed]

L. 35: p. 928, § 4. CSA: C. 73, § 17. CRS 53: § 8-7-6. C.R.S. 1963: § 8-7-5. L. 2006: Entire section repealed, p. 148, § 30, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-106 - Hunters - how recommended

All government hunters employed under sections
35-40-101
to
35-40-106
shall be employed by recommendation of local county livestock growers' associations.
L. 35: p. 928, § 5. CSA: C. 73, § 18. CRS 53: § 8-7-7. C.R.S. 1963: § 8-7-6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-107 - [Repealed]

L. 1893: p. 68, § 1. R.S. 08: § 419. C.L. § 3243. CSA: C. 160, § 167. CRS 53: § 8-7-8. C.R.S. 1963: § 8-7-7. L. 2006: Entire section repealed, p. 148, § 31, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-108 - [Repealed]

L. 1893: p. 68, § 2. R.S. 08: § 420. C.L. § 3244. CSA: C. 160, § 168. CRS 53: § 8-7-9. C.R.S. 1963: § 8-7-8. L. 2006: Entire section repealed, p. 149, § 32, effective August 7.