reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1 - DEPARTMENT OF AGRICULTURE (§§ 35-1-101 — 35-1-121) › Section 35-1-116 - Blockchain educational program - repeal

(1)
On or before January 1, 2024, the commissioner shall create and deploy an online program that teaches:
(a)
The benefits of implementing blockchain technology in agricultural production, distribution, and sales;
(b)
The different blockchain programs that exist for agricultural producers; and
(c)
The requirements to begin using a blockchain program in accordance with best practices for agricultural producers.
(2)
The commissioner shall consult and cooperate with stakeholders to develop the online program using best practices. To implement this section, the commissioner may consult or contract with the Colorado state university system.
(3)
The commissioner shall publicize the educational program and encourage agricultural producers to participate in the program.
(4)
This section is repealed, effective July 1, 2030.
Added by 2022 Ch. 385,§1, eff. 8/10/2022.
2022 Ch. 385, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1 - DEPARTMENT OF AGRICULTURE (§§ 35-1-101 — 35-1-121) › Section 35-1-119 - Wild horse population management - repeal

(1)
Subject to obtaining approval from the United States bureau of land management in the department of the interior, the department may assist with managing wild horse populations using fertility control management methods that are or are substantially similar to immunocontraceptive fertility control vaccines. The department may also support on-range stewardship and management to ensure the sustainability of wild horses and wild horse ranges. In implementing this subsection (1), the department may:
(a)
Enter into contracts or interagency agreements with private entities, individuals, tribes, local governments, or the United States bureau of land management in the department of the interior; and
(b)
Cooperate with:
(I)
The United States bureau of land management in the department of the interior;
(II)
The Southern Ute Tribe;
(III)
The Ute Mountain Ute Tribe;
(IV)
Local governments;
(V)
Other state agencies;
(VI)
Volunteers;
(VII)
Contractors; and
(VIII)
Interested groups or individuals.
(2)
This section is repealed, effective December 31, 2025.
Amended by 2024 Ch. 35,§ 1, eff. 3/22/2024.
Added by 2023 Ch. 226,§ 3, eff. 5/20/2023.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.2 - COLORADO AGRICULTURAL FUTURE LOAN PROGRAM (§§ 35-1.2-101 — 35-1.2-106) › Section 35-1.2-101 - Short title

The short title of this article 1.2 is the "Colorado Agricultural Future Loan Program Act".
Added by 2021 Ch. 374,§1, eff. 6/29/2021.
L. 2021: Entire article added, (SB 21-248), ch. 2471, p. 2471, § 1, effective June 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.2 - COLORADO AGRICULTURAL FUTURE LOAN PROGRAM (§§ 35-1.2-101 — 35-1.2-106) › Section 35-1.2-102 - Definitions

As used in this article 1.2, unless the context otherwise requires:
(1)
"Agricultural processing" means the transforming, packaging, sorting, storage, or grading of Colorado livestock, livestock products, agricultural commodities, plants, or plant products.
(2)
"Agriculture" has the same meaning as set forth in section
35-1-102 (1)
.
(3)
"Commissioner" means the commissioner of agriculture.
(4)
"Department" means the department of agriculture created in section
35-1-103
.
(5)
"Eligible business" means a business that:
(a)
Earns or will earn a majority of its revenue from agricultural processing or from developing or manufacturing technology designed to benefit Colorado farmers and ranchers; and
(b)
In the judgment of the department:
(I)
Has managers and employees who possess sufficient education, training, and experience to operate the business; and
(II)
Provides an economic benefit to Colorado farmers or ranchers.
(6)
"Eligible farmer or rancher" means an individual who:
(a)
Is at least eighteen years of age;
(b)
Is a resident of Colorado;
(c)
Is or will be an owner or operator in fact of a farm or ranch; and
(d)
In the judgment of the department:
(I)
Possesses sufficient education, training, and experience to operate the farm or ranch; and
(II)
Possesses or has access to sufficient working capital, farm machinery, livestock, or land to operate the farm or ranch.
(7)
"Farm-to-market infrastructure grant" means a grant of money from the fund, which money is used for agricultural processing.
(8)
(a)
"Farm-to-market infrastructure loan" means a loan from the loan program, which loan is used for the purpose of agricultural processing or the development or manufacturing of technology designed to benefit Colorado farmers or ranchers.
(b)
(Deleted by amendment, L. 2023.)
(9)
"Financial entity" means a bank, nondeposit community development financial institution, business development corporation, or other entity with agricultural lending experience and with which the department contracts to help administer the loan program.
(10)
"Fund" means the Colorado agricultural future loan program cash fund created in section
35-1.2-105
.
(11)
"Livestock" has the same meaning as set forth in section
35-1-102 (6)
.
(12)
"Loan program" means the Colorado agricultural future loan program created in section
35-1.2-103
.
Amended by 2023 Ch. 24, § 1, eff. 8/7/2023.
Amended by 2022 Ch. 421, § 80, eff. 8/10/2022.
Added by 2021 Ch. 374, § 1, eff. 6/29/2021.
L. 2021: Entire article added, (SB 21-248), ch. 2471, p. 2471, § 1, effective June 29.
2023 Ch. 24, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.2 - COLORADO AGRICULTURAL FUTURE LOAN PROGRAM (§§ 35-1.2-101 — 35-1.2-106) › Section 35-1.2-104 - Report

Notwithstanding section
24-1-136(11)(a)(I)
, on or before December 15, 2021, and on or before December 15 each year thereafter, the department shall submit a summarized report to the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees, concerning the loan program.
Added by 2021 Ch. 374,§1, eff. 6/29/2021.
L. 2021: Entire article added, (SB 21-248), ch. 2475, p. 2475, § 1, effective June 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.2 - COLORADO AGRICULTURAL FUTURE LOAN PROGRAM (§§ 35-1.2-101 — 35-1.2-106) › Section 35-1.2-105 - Colorado agricultural future loan program cash fund - created

(1)
The Colorado agricultural future loan program cash fund is hereby created in the state treasury. The fund consists of:
(a)
Money credited to the fund pursuant to section
35-1.2-106
;
(b)
Money received as loan payments on loans issued from the loan program, including interest; and
(c)
Any other money that the general assembly may appropriate or transfer to the fund.
(2)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3)
Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund.
(4)
The money in the fund is continuously appropriated to the department to expend for the purposes of this article 1.2.
Added by 2021 Ch. 374,§1, eff. 6/29/2021.
L. 2021: Entire article added, (SB 21-248), ch. 2475, p. 2475, § 1, effective June 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.2 - COLORADO AGRICULTURAL FUTURE LOAN PROGRAM (§§ 35-1.2-101 — 35-1.2-106) › Section 35-1.2-106 - Funding for loan program

(1)
Within three days after June 29, 2021, the state treasurer shall transfer thirty million dollars from the general fund to the fund for the implementation and administration of the loan program.
(2)
Repealed.
(3)
Beginning with the 2021-22 state fiscal year, the department may annually use up to one and one-half percent of the money transferred pursuant to subsection (1) of this section to pay the direct and indirect costs that the department incurs in administering the loan program; except that nothing in this subsection (3) may be construed as limiting the amount that the department may provide to a financial entity as compensation for making loans pursuant to a contract described in section
35-1.2-103(4)
.
Added by 2021 Ch. 374,§1, eff. 6/29/2021.
L. 2021: Entire article added, (SB 21-248), ch. 2475, p. 2475, § 1, effective June 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.5 - PREEMPTION (§§ 35-1.5-101 — 35-1.5-103) › Section 35-1.5-101 - Scope of article

(1)
Nothing in this article shall be construed to limit the authority of a local government to:
(a)
Zone for the sale or storage of any agricultural chemical, provide or designate sites for disposal of any agricultural chemical or container, regulate the discharge of any agricultural chemical into sanitary sewer systems, adopt regulations pursuant to a storm water management program that is consistent with federal or state regulation, adopt or enforce building and fire code requirements, or to protect surface or groundwater drinking water supplies in accordance with current state or federal applicable law;
(b)
Comply with any federal or state law or regulation or take any action otherwise prohibited by this article in order to comply with any federal or state requirement or avoid a fine or other penalty under federal or state law;
(c)
Implement a cooperative agreement with any federal or state agency;
(d)
Regulate the use of agricultural chemicals on property in which the local government has a fee simple absolute ownership interest;
(e)
Issue local occupational licenses.
(2)
The lack of a provision in this article explicitly preempting local government regulation of any particular agricultural chemical not listed in section
35-1.5-102(2)
shall not be construed as an implicit grant of authority to a local government pursuant to this article to regulate on that subject.
L. 94: Entire article added, p. 923, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.5 - PREEMPTION (§§ 35-1.5-101 — 35-1.5-103) › Section 35-1.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Adjuvant" means a material added to an agrichemical solution to improve performance.
(2)
"Agricultural chemical" means any device, plant nutrient, animal nutrient, or adjuvant and any treated, altered, or engineered plant or animal material.
(3)
"Animal nutrient" means any feed subject to article
60
of this title and any material for the maintenance, growth, or production of animals.
(4)
"Device" means a device as defined in section
35-9-103 (5)
.
(5)
"Local government" means a county, home rule county, city and county, city, home rule city, special district, or other political subdivision of the state.
(6)
"Plant nutrient" means:
(a)
(Deleted by amendment, L. 2008, p. 1625, § 2, effective August 5, 2008.)
(b)
A plant amendment as defined in section
35-12-103 (24)
;
(c)
A plant nutrient as defined in section
35-12-103 (25)
;
(d)
A soil conditioner as defined in section
35-12-103 (29)
;
(e)
Anhydrous ammonia as defined in section
35-13-102 (1)
;
(f)
A commercial fertilizer as defined in section
35-12-103 (3)
;
(g)
Treated or untreated manure;
(h)
Water runoff from a confined animal feeding operation that is captured and then applied to a field; and
(i)
A plant growth regulator.
(7)
"Use" means all aspects of the handling of agricultural chemicals, including, without limitation, the mixing, loading, application or administration, spill control, and disposal of an agricultural chemical or its container.
L. 94: Entire article added, p. 923, § 1, effective April 28. L. 2008: (6)(a) to (6)(d) and (6)(f) amended, p. 1625, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1.5 - PREEMPTION (§§ 35-1.5-101 — 35-1.5-103) › Section 35-1.5-103 - Preemption

(1)
No local government shall adopt or continue in effect any ordinance, rule, charter provision, or statute regarding the use of any agricultural chemical and pertaining to:
(a)
The name of the product, name and address of the manufacturer, and applicable registration numbers;
(b)
Directions for use, use classification (general or restricted), mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker protection standards, application and storage container specifications, storage and disposal of the agricultural chemical or container, or limitations to prevent unreasonable adverse effects such as required intervals between application and harvest of food or feed crops, rotational crop restrictions, warnings against use on certain crops, animals, objects, or in or adjacent to certain areas;
(c)
Warnings and precautionary statements, hazards to humans, children, domestic animals, or the environment, physical or chemical hazards, or statements of practical treatment; or
(d)
Record-keeping requirements.
L. 94: Entire article added, p. 923, § 1, effective April 28.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-101 - Information furnished - by whom

The commissioner of agriculture, acting under the direction of the state agricultural commission in the collection of information necessary to the performance of his or her duties as such commissioner and subject to the provisions of section
24-1-136
, C.R.S., in regard to publication of such information, is authorized to call upon the several state, county, city, town, and school district officers and officers of the several state institutions of education and penal and other state institutions, and it is the duty of all such officers to furnish, upon written or printed request of the commissioner, such information as may be required for properly setting forth the resources of the state and their development, upon blanks furnished by the commissioner. Each owner, operator, or manager of any manufacturing, mining, or other business establishment operating in this state, or other person having information necessary for carrying out the purposes of this article, upon the request of the commissioner, shall furnish the same upon blanks supplied by the commission. Except as otherwise provided by law, any agricultural statistics collected by any of the several state, county, city, town, school district, or institutional officers specified in this section shall be collected in accordance with the requirements of this article.
L. 19: p. 632, § 1. C.L. § 436. CSA: C. 84, § 8. CRS 53: § 6-2-1. C.R.S. 1963: § 6-2-1. L. 64: p. 123, § 23. L. 83: Entire section amended, p. 842, § 69, effective July 1. L. 2002: Entire section amended, p. 1860, § 161, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-102 - Statistical reports

It is the duty of the assessor of each county in this state, at the time of making the annual assessment of property, to collect such statistics in relation to population, farm operations, the principal farm products, agricultural resources, and livestock of the county as may be required by the commissioner of agriculture, and it is the duty of all persons within this state having information relative to such matters to give such information to the assessor upon his request therefor. The original sheets on which such statistics are collected shall be forwarded to the commissioner of agriculture as soon as they are completed, but not later than June 1 of each year, immediately following their collection. From these original sheets there shall be compiled in the office of the state agricultural commission complete reports on all subjects covered for each county in the state. The blanks to be used by county assessors in the collection of statistics required by the state agricultural commission shall be supplied by the commission, and the form thereof shall be fixed by the commissioner of agriculture, after conference with a representative of Colorado state university and with the bureau of crop estimates of the United States department of agriculture through the official representative for Colorado. This report shall be issued subject to the provisions of section
24-1-136
, C.R.S.
L. 19: p. 633, § 2. C.L. § 437. CSA: C. 84, § 9. CRS 53: § 6-2-2. C.R.S. 1963: § 6-2-2. L. 64: p. 124, § 24. L. 83: Entire section amended, p. 842, § 70, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-103 - Cooperation with secretary of agriculture

To facilitate the work of collecting agricultural and livestock statistics required by this article, the commissioner of agriculture is empowered to enter into a cooperative agreement with the secretary of agriculture of the United States, or his accredited representatives, under which the facilities and information of the bureau of crop estimates of the United States department of agriculture relating to the state of Colorado are made available for the use of the state agricultural commission, and the facilities and information of said state agricultural commission are likewise made available for the use of said bureau of crop estimates.
L. 19: p. 634, § 4. C.L. § 439. CSA: C. 84, § 11. CRS 53: § 6-2-3. C.R.S. 1963: § 6-2-3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-104 - Failure to give information to commission - penalty

Any person having in his possession information necessary to carrying out the purposes of this article, who fails or refuses to furnish such information to the state agricultural commission upon proper request by the commissioner of agriculture, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars and costs of prosecution. Any county or state official who fails or refuses to collect or compile for the state agricultural commission such information as he is required by this article to collect and compile, when properly requested by the commissioner of agriculture so to do, and who is supplied with proper blanks for collecting and compiling the same, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars and costs of prosecution.
L. 19: p. 634, § 6. C.L. § 441. CSA: C. 84, § 13. CRS 53: § 6-2-4. C.R.S. 1963: § 6-2-4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-105 - Failure to give information to assessor - penalty

Any person who is required by this article to give information to the county assessor concerning farm operations, crop production, agricultural resources, livestock, or other matters covered by this article, and who, upon proper request being made, fails, refuses, or neglects to do so, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars and shall pay all costs of the prosecution. All fines and penalties collected under the provisions of this article shall be paid into the school funds of the county in which such conviction is had.
L. 19: p. 634, § 7. C.L. § 442. CSA: C. 84, § 14. CRS 53: § 6-2-5. C.R.S. 1963: § 6-2-5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-106 - Reports confidential

The reports made to the commissioner of agriculture by individuals, firms, or corporations, or to any of the several state, county, city, town, school district, or institutional officers specified in section
35-2-101
, shall be regarded as confidential and not for the purpose of disclosing personal or corporate affairs. In the reports of the commissioner, no use shall be made of the names of individuals, firms, or corporations supplying the information called for in this article 2. Any officer or employee of the state agricultural commission disclosing such information commits a petty offense.
Amended by 2021 Ch. 462, § 615, eff. 3/1/2022.
L. 19: p. 635, § 8. C.L. § 443. CSA: C. 84, § 15. CRS 53: § 6-2-6. C.R.S. 1963: § 6-2-6. L. 2002: Entire section amended, p. 1860, § 162, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3276, p. 3276, § 615, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-107 - Contracts to remain in force

All existing contracts and obligations of the state agricultural commission shall remain in full force and effect and shall be performed by the state agricultural commission, and particularly that certain contract entered into on April 30, 1919, by and between the state of Colorado, by its commissioner of agriculture, and the United States, by the acting secretary of agriculture of the United States, for the establishment and maintenance of a cooperative crop and livestock reporting service.
L. 35: p. 1080, § 10. CSA: C. 157, § 10. CRS 53: § 6-2-7. C.R.S. 1963: § 6-2-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 2 - AGRICULTURAL STATISTICS (§§ 35-2-101 — 35-2-108) › Section 35-2-108 - [Repealed]

Added by 2019 Ch. 375,§1, eff. 8/2/2019.
L. 2019: Entire section added, (HB 19-1247), ch. 3399, p. 3399, § 1, effective August 2.
Subsection (5) provided for the repeal of this section, effective July 1, 2020. (See L. 2019, p. 3399.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-101 - Short title

This article shall be known and may be cited as the "Colorado Agricultural Conservation and Adjustment Act".
L. 37: p. 257, § 1. CSA: C. 5, § 61. CRS 53: § 6-3-1. C.R.S. 1963: § 6-3-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Other states of the United States" includes Puerto Rico.
(2)
"Person" includes an individual, corporation, partnership, firm, business trust, joint stock company, association, syndicate, group, pool, joint venture, and any other unincorporated association or group.
L. 37: p. 259, § 3. CSA: C. 5, § 63. CRS 53: § 6-3-3. C.R.S. 1963: § 6-3-3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-104 - Designation of state agency

(1)
The department of agriculture, referred to in this article as the "department", is designated and authorized as the state agency to carry out the policy and purposes of this article and to formulate and administer state plans pursuant to the terms of this article.
(2)
The department shall perform its duties and functions as such agency under this article separately and distinctly from the performance of its duties and functions under any other law or in any other capacity; except that the department may utilize the services and the assistance of its personnel and facilities normally used in the performance of such other functions if it finds that the utilization of such services and assistance is necessary to, or is calculated to assist substantially in, the effective administration of this article and that such facilities may be utilized without interference with the effective performance of such other duties and functions.
L. 37: p. 259, § 4. CSA: C. 5, § 64. CRS 53: § 6-3-4. C.R.S. 1963: § 6-3-4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-105 - Administration of state plans

(1)
The department is authorized to formulate for each calendar year and to submit to the secretary of agriculture of the United States, for and in the name of this state, a state plan for carrying out the purposes of this article during such calendar year.
(2)
The department is authorized to modify or revise any such plan in whatever manner, consistent with the terms of this article, it finds necessary to provide for more substantial furtherance of the accomplishment of the purposes of this article.
(3)
Each such plan shall provide for such participation in its administration, by voluntary county and community committees or associations of agricultural producers organized for such purposes, as the department determines to be necessary or proper for the effective administration of the plan.
(4)
Each such plan shall provide, through agreements with agricultural producers or through other voluntary methods, for such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities, as the department determines to be calculated to effectuate as substantial an accomplishment of the purposes of this article as may reasonably be achieved through action of this state, and for payments to agricultural producers in connection with such agreements or methods in such amounts as the department determines to be fair and reasonable and calculated to promote such accomplishment of the purposes of this article without depriving such producers of a voluntary and uncoerced choice of action.
(5)
Any such plan shall provide for such educational programs as the department determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this article.
(6)
Each such plan shall contain an estimate of expenditures necessary to carry out such plan, together with a statement of such amount as the department determines to be necessary to be paid by the secretary of agriculture of the United States as a grant to aid of such plan under section 7 of the "Soil Conservation and Domestic Allotment Act", in order to provide for the effective carrying out of such plan, and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the department to be necessary for carrying out such plan during such period.
(7)
The department shall provide for such investigations as it finds to be necessary for the formulation and administration of such plans.
L. 37: p. 260, § 5. CSA: C. 5, § 65. CRS 53: § 6-3-5. C.R.S. 1963: § 6-3-5.
For section 7 of the "Soil Conservation and Domestic Allotment Act", see 16 U.S.C. § 590g.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-107 - Powers and duties of state agency

(1)
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.
(2)
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.
(3)
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.
(4)
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.
L. 37: p. 263, § 7. CSA: C. 5, § 67. CRS 53: § 6-3-7. C.R.S. 1963: § 6-3-7.
For rule-making procedures, see article 4 of title 24; for the state personnel system, see § 13 of article XII of the state constitution.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-108 - Districts and communities

(1)
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.
(2)
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.
(3)
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.
L. 37: p. 264, § 8. CSA: C. 5, § 68. CRS 53: § 6-3-8. C.R.S. 1963: § 6-3-8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-109 - Community and county committees

(1)
The department by regulations shall provide:
(a)
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;
(b)
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.
L. 37: p. 265, § 9. CSA: C. 5, § 69. CRS 53: § 6-3-9. C.R.S. 1963: § 6-3-9.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 35-3-110 - [Repealed]

L. 37: p. 266, § 10. CSA: C. 5, § 70. CRS 53: § 6-3-10. C.R.S. 1963: § 6-3-10. L. 86: (4) added, p. 425, § 57, effective March 26. L. 91: Entire section repealed, p. 885, § 9, effective June 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3 - CONSERVATION AND ADJUSTMENT LAW (§§ 35-3-101 — 35-3-111) › Section 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.
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.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3.5 - NUISANCE LIABILITY OF AGRICULTURAL OPERATIONS (§§ 35-3.5-101 — 35-3.5-103) › Section 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.
L. 81: Entire article added, p. 1694, § 1, effective July 1. L. 96: Entire section amended, p. 675, § 1, effective May 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 3.5 - NUISANCE LIABILITY OF AGRICULTURAL OPERATIONS (§§ 35-3.5-101 — 35-3.5-103) › Section 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.
L. 81: Entire article added, p. 1695, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-101 - Short title

This article shall be known and may be cited as the "Pest Control Act".
L. 37: p. 643, § 2. CSA: C. 80, § 44. CRS 53: § 6-10-1. C.R.S. 1963: § 6-10-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 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.
L. 2007: Entire section added, p. 925, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 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.
L. 37: p. 644, § 6. CSA: C. 80, § 48. CRS 53: § 6-10-4. C.R.S. 1963: § 6-10-4.
For appointment of county pest inspectors in pest control districts, see § 35-5-106.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 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.
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.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 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.
Amended by 2013 Ch. 240,§ 1, eff. 8/7/2013.
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.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-108 - Unlawful to transport pests

(1)
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.
(2)
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.
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.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 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.
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.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-110.5 - Declaration of quarantine emergency

(1)
The commissioner shall notify the governor of the necessity for declaring a quarantine emergency if all of the following conditions are met:
(a)
The commissioner has declared a quarantine pursuant to section
35-4-110 (1) or (2)
or both.
(b)
The commissioner has determined that the pest which is the subject of the quarantine is being or may be spread.
(c)
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.
(2)
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.
(3)
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.
(4)
(Deleted by amendment, L. 96, p. 321, § 4, effective April 16, 1996.)
L. 85: Entire section added, p. 1134, § 8, effective May 16. L. 96: (2), (3), and (4) amended, p. 321, § 4, effective April 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-111 - Inspections - certificates - remedial measures

(1)
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.
(2)
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.
(3)
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.
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.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 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.
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.