reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-116 - Bee inspection fund - transfer of moneys to plant health, pest control, and environmental protection cash fund

All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section
35-1-106.3
. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the bee inspection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
L. 85: Entire section added, p. 1140, § 3, effective May 31. L. 86: Entire section amended, p. 1221, § 33, effective May 30. L. 90: Entire section amended, p. 1596, § 11, effective April 3. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 318, §11, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-117 - Emergency powers

If, at any time, the commissioner determines the existence of any imminent hazard inimical to the beekeeping industry in this state, the commissioner may take appropriate action, including but not limited to: Inspecting any public or private place; establishing and enforcing quarantines; issuing and enforcing orders and rules for the control and eradication of said hazard; and taking such other action as may seem advisable and not contrary to law as the commissioner is empowered with pursuant to this title. The commissioner is hereby authorized to seek reimbursement from the general assembly for any funds expended in the exercise of these emergency powers.
L. 90: Entire section added, p. 1596, § 12, effective April 3. L. 2002: Entire section amended, p. 879, § 10, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-101 - Short title

This article shall be known and may be cited as the "Colorado Nursery Act".
L. 71: R&RE, p. 143, § 1. C.R.S. 1963: § 6-15-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-101.5 - Legislative declaration

(1)
The general assembly hereby finds and determines that nursery stock can harbor plant pests and diseases and operate as a disease vector. Unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests and to the state's general environmental quality.
(2)
Therefore, the general assembly hereby declares that it is necessary to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, or out-of-state customers meets the national nursery stock cleanliness standard.
Added by 2018 Ch. 105,§ 1, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1246), ch. 105, p. 790, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-103 - Inspections

(1)
(a)
Except as otherwise provided in this section, premises in this state on which nursery stock is kept for sale or offered for sale and all areas in this state that are sources of collected nursery stock may be inspected by the commissioner or the commissioner's authorized agents using a risk-based approach. If any person requests an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection. Inspections may also be made by the commissioner or the commissioner's authorized agents at any time deemed appropriate by the commissioner based on information known to the commissioner or based on any complaint received by the commissioner alleging failure to comply with any provision of this article or any rule promulgated pursuant to this article.
(b)
Repealed.
(2)
No person shall sell in this state any nursery stock except from sources available for inspection.
(3)
The commissioner may promulgate rules establishing minimum standards for the qualification of individuals who are authorized to make inspections as agents of the commissioner under this article and who are not employees of the department. The commissioner may charge an annual fee for qualifying such individuals as inspectors pursuant to this subsection (3). Such fee shall be in an amount sufficient to defray the costs of qualifying inspectors pursuant to this subsection (3).
(4)
On an annual basis, the commissioner shall make public the results of such inspections in order to inform the public as to the major sale sources of nursery stock found not to be of the quality permitted to be sold, and the location where such nursery stock was offered for sale. Publication of such reports shall be as provided for in sections
35-1-107(3)
and
24-1-136
, C.R.S.
Amended by 2018 Ch. 105,§ 3, eff. 8/8/2018.
L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-3. L. 73: p. 198, § 5. L. 91: Entire section amended, p. 152, § 6, effective July 1. L. 96: Entire section amended, p. 374, § 3, effective April 17. L. 2002: (1)(a) amended, p. 309, § 1, effective April 18. L. 2018: (1)(b) repealed, (HB 18-1246), ch. 105, p. 792, § 3, effective August 8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-104 - Labeling - rules

(1)
There shall be securely attached to each item of nursery stock when offered for sale or distributed, or to each bundle or lot when sold as a single lot of the same kind, grade, size, and variety, a label showing:
(a)
The correct botanical or accepted common name;
(b)
The grade or size of the nursery stock; and
(c)
Any other information established by the commissioner by rule adopted in accordance with the "State Administrative Procedure Act", article
4
of title
24
.
(2)
The grade or size shall meet the specifications established by rules or regulations after public hearing and publication by the commissioner.
(3)
The labeling required in subsection (1) of this section shall not apply to turfgrass sod. Each and every lot of turfgrass sod sold shall be labeled by stating on the sales contract, invoice, or bill of lading such information as required by the commissioner.
Amended by 2018 Ch. 105,§ 4, eff. 8/8/2018.
L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-4. L. 83: (3) added, p. 1362, § 3, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 792, § 4, effective August 8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-105 - Prohibited acts - removal from sale - advisory alerts

(1)
A person shall not sell, offer for sale, or distribute:
(a)
Nursery stock in a dead or dying condition;
(b)
Nursery stock infested or infected with insect pests or plant diseases;
(c)
Noxious weeds or nursery stock that is infested with noxious weeds; or
(d)
Nursery stock in violation of any other provision of this article 26 or any rules promulgated pursuant to this article 26.
(2)
The commissioner or his authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this article or any rules or regulations promulgated pursuant to this article. Any person receiving a stop-sale order shall remove such stock from sale immediately.
(3)
Failure to comply with any stop-sale order may result in penalties as set forth in section
35-26-109
.
(4)
If the commissioner makes a finding, after notice and opportunity for a hearing, that substandard plant material is being sold by a nursery outside of Colorado to any nursery in this state, the commissioner may ban any products from said nursery from sale or distribution in Colorado and any further shipments of nursery stock from said nursery may be seized and destroyed. Upon such banning, the commissioner shall issue an alert to all persons registered under this article setting forth the commissioner's finding and advising registrants that the purchase of plant material from such offending nursery constitutes a violation of this article.
Amended by 2018 Ch. 105,§ 5, eff. 8/8/2018.
L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-5. L. 83: (1) and (2) amended, p. 1362, § 4, effective July 1. L. 91: (1)(b) amended and (3) and (4) added, p. 153, § 7, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, § 5, effective August 8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-106 - Registration - plant health, pest control, and environmental protection cash fund - fees - rules

(1)
A person shall not engage in the business of selling nursery stock in this state, nor shall the person advertise with the intent and purpose of selling nursery stock in this state, without having first obtained a registration issued by the commissioner. The registration expires on December 31 of each year. Application for registration must be submitted on a form prescribed by the commissioner. The commissioner shall, by rule, establish a registration fee for each place of business. The fee must not exceed three hundred dollars. Applicants for a registration who were registered at any time during the calendar year immediately preceding the year for which application is made must apply for a registration by March 1 or pay an amount double the registration fee. A registration is not transferable. All registrants shall inform the commissioner in writing of any change of address prior to the change. All registrants shall meet the requirements of this article 26 and the rules promulgated pursuant to this article 26.
(2)
Collectors shall produce upon demand written evidence of authorization to have collected any and all nursery stock held or offered for sale. Such evidence of authorization shall provide information as required by rule and regulation promulgated pursuant to this article.
(3)
A charge for the actual cost incurred in making inspections shall be collected to defray the costs of inspections made pursuant to this article. The commissioner shall, by rule or regulation, establish a minimum charge per inspection, and shall determine the actual cost incurred in making inspections and establish the charge therefor.
(4)
All fees and charges collected pursuant to this article shall be transmitted to the plant health, pest control, and environmental protection cash fund created in section
35-1-106.3
. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado nursery fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
Amended by 2018 Ch. 105,§ 6, eff. 8/8/2018.
L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-6. L. 73: p. 197, § 1. L. 83: (1) and (2) amended, p. 1362, § 5, effective July 1. L. 87: Entire section amended, p. 1285, § 1, effective July 1. L. 91: (1) to (3) amended, p. 153, § 8, effective July 1. L. 2009: (4) amended, (HB 09-1249), ch. 87, p. 318, §12, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, § 6, effective August 8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-107 - [Repealed]

L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-7. L. 73: p. 197, § 2. L. 86: (3) added, p. 425, § 60, effective March 26. L. 91: (1) and (3)(a) amended, p. 154, §§ 9, 10, effective July 1.
Subsection (3)(a) provided for the repeal of this section, effective July 1, 1996. (See L. 91, p. 154.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-108 - Access to locations and records - administrative subpoena - complaints and investigations

(1)
(a)
At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all buildings, yards, warehouses, and storage facilities owned or operated by a registrant in which any nursery stock is kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
(b)
At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
(2)
The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article.
L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-8. L. 91: Entire section amended, p. 155, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-109 - Penalties

(1)
Any person who intentionally violates any provision of this article 26 or the rules or regulations promulgated pursuant to this article 26 commits a petty offense and shall be punished as provided in section
18-1.3-503
.
(2)
Any person who violates any provision of this article 26, or any rule or regulations made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.
(3)
No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(4)
If the commissioner is unable to collect such civil penalty or if any person fails to pay all of the civil penalty or a set portion as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(5)
Before imposing any civil penalty under this section, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
(6)
(Deleted by amendment, L. 91, p. 155, § 12, effective July 1, 1991.)
Amended by 2021 Ch. 462, § 624, eff. 3/1/2022.
L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-9. L. 73: p. 197, § 3. L. 83: (2), (5), and (6), amended, p. 1363, § 6, effective July 1. L. 91: Entire section amended, p. 155, § 12, effective July 1. L. 2002: (1) amended, p. 1548, § 310, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 3278, p. 3278, § 624, 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).
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-110 - Out-of-state nurseries

(1)
The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the commissioner a certified copy of the "state of origin" certificate of inspection of the nursery. This requirement may be satisfied by delivering to the commissioner a list of inspected and certified nurseries from the "state of origin" in lieu of individual certificates of inspection from each nursery. Each shipment of nursery stock entering the state of Colorado shall be accompanied by a certificate of inspection which states that the nursery stock has the appearance of freedom from insect pests and plant diseases.
(1.5)
An out-of-state nursery advertising and selling nursery stock in Colorado and having no duly appointed resident agent in this state upon whom process may be served as provided by law shall be deemed to have appointed the secretary of state as the agent of said nursery upon whom service of process may be had in the event of any suit against said nursery. Service on the secretary of state of any such process shall be made by delivering to and leaving with him or with his deputy, an assistant, or a clerk two copies of such process. The secretary of state shall also require a statement which contains the name and address of the nonresident's home or home office. After receipt of such process the secretary of state shall forward to the defendant a copy of the process by registered mail, return receipt requested. The person so serving the secretary of state shall immediately send or give to the commissioner a notice of such service and a copy of the process. The secretary of state shall collect at the time of any service of process on him as resident agent a fee which shall be determined and collected pursuant to section
24-21-104(3)
, C.R.S.
(2)
(Deleted by amendment, L. 91, p. 156, § 13, effective July 1, 1991.)
L. 73: p. 198, § 4. C.R.S. 1963: § 6-15-10. L. 83: (1) amended and (1.5) added, p. 1363, § 7, effective July 1. L. 85: (1.5) amended, p. 1365, § 36, effective June 28. L. 91: (1) and (2) amended, p. 156, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-111 - Rules and regulations

The commissioner is hereby authorized and directed to promulgate such rules and regulations as he may deem necessary and proper for the furtherance and enforcement of the provisions of this article. Such rules and regulations shall be promulgated in accordance with applicable provisions of article
4
of title
24
, C.R.S.
L. 73: p. 198, § 4. C.R.S. 1963: § 6-15-11.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-112 - Delegation of duties

The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: Entire section amended, p. 157, § 14, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-113 - Bodies politic

(1)
All growing fields and all other premises in this state on which nursery stock is being grown or held by bodies politic for the purpose of planting on public or private grounds shall be inspected at least once each year by the commissioner or his authorized agents.
(2)
A body politic shall not plant nursery stock infested with insect pests or infected by plant diseases on public or private grounds.
(3)
A body politic shall be subject to the inspection fees set forth in section
35-26-106(3)
.
L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: (1) and (3) amended, p. 157, § 15, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 26 - COLORADO NURSERY ACT (§§ 35-26-101 — 35-26-115) › Section 35-26-115 - Termination of function - repeal of article. (Deleted by amendment, L. 1996.)

L. 88: Entire section added, p. 933, § 29, effective April 28. L. 91: Entire section amended, p. 159, § 17, effective July 1. L. 96: Entire section amended, p. 374, § 3, effective April 17.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-101 - Short title

This article shall be known and may be cited as the "Colorado Seed Act".
L. 93: Entire article R&RE, p. 1000, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-102 - Legislative declaration

The general assembly hereby finds and declares that truth in the labeling of seed is of paramount importance to the citizens of Colorado because the distribution and subsequent use of poor quality seed caused by inaccurate or misleading labeling of such seed can result in severe economic hardship due to low crop yields, poor crop quality, and the spread of noxious weed seed. It is the intent of the general assembly in enacting this article to prevent the distribution and use of poor quality seed through the regulation of the labeling, the labelers, and the sellers of seed for propagation in Colorado.
L. 93: Entire article R&RE, p. 1000, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-104 - Scope of article

(1)
This article does not apply to:
(a)
Seed not intended for propagation; except that screenings are subject to the requirements of section
35-27-113(1)(e)
;
(b)
Seed in storage in or consigned to a seed conditioning establishment for conditioning or for sale outside the state; except that:
(I)
Disclosure of information concerning the holding, sale, and transportation of such seed shall be provided:
(A)
On the labels attached to such seed; or
(B)
Upon request; and
(II)
All labeling and advertisements made regarding such seed are subject to this article;
(c)
Seed sold or consigned to a merchant, if such seed is to be recleaned before it is sold for propagation; except that the seller or consignor of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;
(d)
Seed of a variety not protected by the federal "Plant Variety Protection Act",
7 U.S.C. secs. 2321
to
2582
, as amended, sold on a grower's premises and delivered to a purchaser, if such seed is: Grown on such grower's premises, not delivered by common carrier or by mail, and not commercially advertised in any way; except that such seed shall be subject to the noxious weed provisions of section
35-27-113(2)
, and the grower of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;
(e)
Seed brought into the state by the Colorado agricultural experiment station for experimental purposes or for storage in the USDA-ARS national center for genetic resources preservation;
(f)
Any person who produces seed for such person's own use on property owned or rented by such person or such person's employer;
(g)
Seed held for wholesale transactions; except that such seed shall be subject to the labeling requirements of section
35-27-105
;
(h)
Seed potatoes as defined in section
35-27.3-103
.
(2)
Any person who acts as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state shall be subject to this article.
L. 93: Entire article R&RE, p. 1004, § 1, effective July 1. L. 99: (1)(d) amended, p. 189, § 4, effective March 31. L. 2007: (1)(e) amended, p. 642, § 2, effective April 26. L. 2010: IP(1) amended and (1)(h) added, (SB 10-072), ch. 384, p. 1793, §4, effective July 1.
For the "Federal Seed Act", see 7 U.S.C. § 1551 et seq.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-105 - Label requirements

(1)
(a)
Except as otherwise provided in this article, every container of seed which is sold, offered or exposed for sale, bartered, or distributed within this state for propagation shall conspicuously bear a legible and plainly written or printed label or tag in English which shall provide all information required by the commissioner. A label shall not bear false or misleading information.
(b)
For purposes of this subsection (1), a lot of seed sold at wholesale or at bulk shall be categorized as a sale in a single container.
(2)
All labels made pursuant to this section shall include arbitration information required pursuant to section
35-27-123
.
L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.
This section is similar to former § 35-27-103 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-106 - Tolerances

(1)
Tolerances shall be recognized between:
(a)
The percentages or rates of occurrence found by analysis, test, or examination; and
(b)
The percentages or rates of occurrence prescribed by the commissioner.
(2)
In prescribing tolerances the commissioner shall use as guides:
(a)
The tolerances defined in the "Federal Seed Act",
7 U.S.C. secs. 1551
to
1610
, as amended; and
(b)
Rules for testing seed adopted by the association of official seed analysts.
L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.
This section is similar to former § 35-27-104 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-107 - Sales from bulk lots

(1)
If seed is sold, offered or exposed for sale, bartered, or distributed in or from a bulk lot, a label required pursuant to section
35-27-105
shall be furnished to each purchaser of such seed; except that such label shall not be required to be furnished for sales otherwise exempted.
(2)
No label required pursuant to subsection (1) of this section shall be required for bulk lot seed if such seed is:
(a)
Sold, offered or exposed for sale, bartered, or distributed in a lot of less than five pounds directly to a consumer; and
(b)
Taken from a container in such consumer's presence.
L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.
This section is similar to former § 35-27-105 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-108 - Seed shipped into state

(1)
No seed shall be brought into the state unless such seed:
(a)
Has been tested and has passed all such required tests as required by the commissioner pursuant to rule and regulation; and
(b)
Is in a container which meets the labeling requirements of section
35-27-105
; and
(c)
Meets all other requirements of this article.
(2)
Tests required pursuant to paragraph (a) of subsection (1) of this section shall be developed by the commissioner through rule and regulation.
L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.
This section is similar to former § 35-27-106 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-109 - Seed beans - approval

(1)
(a)
For seed beans, the commissioner shall establish tolerances of seed-borne pathogens, inspection procedures and standards, and approval procedures for those seed beans which are found to be within allowable tolerances.
(b)
The commissioner may designate those areas of the state in which the provisions of this section shall apply.
(2)
(a)
The commissioner shall establish reasonable fees for inspections performed pursuant to this section.
(b)
Fees established pursuant to this subsection (2) shall be:
(I)
Sufficient to offset the actual direct and indirect costs incurred by the commissioner in administering the provisions of this section; and
(II)
Paid by the person selling, bartering, or distributing seed beans.
(3)
The commissioner may, by contractual agreement, retain qualified persons to act as agents of the commissioner for the performance of inspections pursuant to subsection (1) of this section.
L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.
This section is similar to former § 35-27-104 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-110 - Seed records and samples

Each person whose name appears on a label on a seed container as a handler of the seed in such container shall keep complete records as prescribed by the commissioner concerning the origin, sale, shipping, and disposition of such seed and shall keep or arrange to have kept a file sample of such seed for a period of at least two years after final disposition of such seed. All such records and samples shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours. Records required pursuant to this section shall be in addition to any record kept pursuant to section
35-27-112
.
L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.
This section is similar to former § 35-27-112 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-112 - Record-keeping requirements

Every person acting as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state registered pursuant to this article shall keep and maintain certain records. Records shall be maintained as specified by the commissioner for a period of two years at the registrant's address. Records required pursuant to this section shall be in addition to any record kept pursuant to section
35-27-110
.
L. 93: Entire article R&RE, p. 1008, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-114 - Powers and duties of commissioner

(1)
In addition to any other duties in this article, the commissioner shall:
(a)
Administer and enforce the provisions of this article;
(b)
Adopt rules and regulations necessary for the administration and enforcement of this article including but not limited to rules and regulations which:
(I)
Set forth the methods to inspect, sample, analyze, and test seed, including defining the tolerances to be followed during such processes pursuant to section
35-27-106
;
(II)
Amend the lists of prohibited and restricted noxious weed seed;
(III)
Establish procedures and standards including defining allowable tolerances to be used for the inspection and approval of seed beans that are within allowable tolerances pursuant to section
35-27-109
;
(IV)
Establish standards for the sale of any seed including but not limited to standards for the acceptable content of pathogens, biotic contaminant, insects, plant pests, and endophytes in such seeds;
(V)
Establish procedures and standards to embargo seed pursuant to section
35-27-119
;
(VI)
Establish procedures for the reinstatement of any registration authorized pursuant to this article;
(VII)
Enforce any disciplinary actions authorized pursuant to this article including but not limited to letters of admonition or the denial, suspension, or revocation of any registration;
(VIII)
Establish the amounts of the registration fees pursuant to section
35-27-111
;
(c)
Promptly notify any person who transported, sold, bartered, or distributed the seed or offered or exposed the seed for sale which does not test in compliance with the provisions of this article;
(d)
Inspect, sample, analyze, and test seed pursuant to this article.
(2)
In addition to any other powers conferred in this article, the commissioner may:
(a)
Inspect, sample, analyze, and test seed pursuant to paragraph (d) of subsection (1) of this section at such time and place and to such extent as the commissioner deems necessary to determine compliance with this article;
(b)
Appoint such qualified employees of the department as necessary to carry out the provisions of this article;
(c)
Cooperate with the United States department of agriculture to enforce federal seed law;
(d)
(I)
Conduct any hearings required by this article pursuant to article
4
of title
24
, C.R.S.; or
(II)
Repealed.
(III)
Subject to appropriations made to the department, employ administrative law judges on a full- or part-time basis to conduct such hearings;
(e)
Conduct investigations pursuant to section
35-27-115
.
(f)
Repealed.
L. 93: Entire article R&RE, p. 1011, § 1, effective July 1. L. 2007: (2)(d)(II) and (2)(f) repealed, p. 643, § 4, effective April 26.
This section is similar to former § 35-27-109 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-115 - Inspections - access - investigations - subpoena

(1)
The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make an investigation necessary to determine compliance with this article or to investigate a complaint for arbitration.
(2)
(a)
For inspection purposes pursuant to subsection (1) of this section, the commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to:
(I)
Enter any building, yard, warehouse, or storage facilities in which seed or any other related material is kept, used, stored, handled, conditioned, disposed of, or transported; and
(II)
Inspect any records required to be kept pursuant to this article.
(b)
The commissioner is authorized to make copies of any record inspected pursuant to subparagraph (II) of paragraph (a) of this subsection (2).
(3)
(a)
The commissioner has full authority to administer oaths, take statements, issue subpoenas to compel the appearance of witnesses before the commissioner, issue subpoenas duces tecum for the production of any books, memoranda, papers, or other documents, articles, or instruments, and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.
(b)
Upon failure or refusal of any person to obey any subpoena issued pursuant to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.
(c)
Failure to obey an order of the court entered pursuant to paragraph (b) of this subsection (3) is contempt of court.
(4)
Complaints of record made to the commissioner and the results of the commissioner's investigations shall be closed to public inspection, except to the person in interest as defined in section
24-72-202(4)
, C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.
L. 93: Entire article R&RE, p. 1013, § 1, effective July 1. L. 2007: (1) amended, p. 643, § 5, effective April 26.
This section is similar to former § 35-27-109 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-116 - Enforcement

(1)
The commissioner, pursuant to the provisions of the "State Administrative Procedure Act", article
4
of title
24
, C.R.S., shall enforce the provisions of this article. After an investigation, the commissioner may, through the attorney general, enforce any of the provisions of this article, including recovering any money due the department or any penalty assessed pursuant to this article, and defend any suit or action brought against the commissioner or the department under this article.
(2)
(a)
If the commissioner has reasonable cause to believe a violation of this article is occurring and determines that immediate action is necessary, the commissioner may issue a cease-and-desist order. Such cease-and-desist order shall be issued to the alleged violator and shall set forth the alleged violation, the facts which constitute such violation, and an order that all such violative conduct immediately cease.
(b)
If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with such order, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further violation of such order.
(c)
No stay of a cease-and-desist order shall be issued before a hearing has been held at which both parties have had an opportunity to appear.
(d)
Matters brought before a court pursuant to this section shall have preference over other matters on the calendar of the court.
(3)
(a)
If the commissioner determines that a person has engaged in or is about to engage in any act or practice violating any provision of this article, any rule or regulation, or any order issued under this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain such person or enjoin the violative practice.
(b)
In any action taken pursuant to paragraph (a) of this subsection (3), the court shall not require the commissioner to:
(I)
Plead or prove irreparable injury or inadequacy of a remedy at law; or
(II)
Post a bond.
(4)
(a)
Any lot of seed which is sold, offered or exposed for sale, bartered, or distributed in violation of this article shall be subject to embargo on complaint of the commissioner to a court of competent jurisdiction for the area in which such lot of seed is located.
(b)
If the court finds, pursuant to paragraph (a) of this subsection (4), seed to be in violation of this article and orders the embargo and condemnation of such seed, such seed shall be, pursuant to court order, conditioned, denatured, destroyed, relabeled, or otherwise disposed of in a manner consistent with the quality of such seed.
L. 93: Entire article R&RE, p. 1014, § 1, effective July 1.
This section is similar to former §§ 35-27-110, 35-27-111 , and 35-27-116 as they existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-117 - Disciplinary actions - denial of registration

(1)
The commissioner, pursuant to the provisions of article
4
of title
24
, C.R.S., may issue letters of admonition or deny, suspend, refuse to renew, or revoke any registration authorized under this article if the registrant:
(a)
Refuses or fails to comply with any provision of this article, any rule or regulation adopted under this article, or any lawful order of the commissioner;
(b)
Is convicted of a felony for an offense related to the conduct regulated by this article;
(c)
Has a registration or license of equivalent status denied, revoked, or suspended by any registering or licensing authority of any state or foreign country;
(d)
Refuses to provide the commissioner with reasonable, complete, and accurate information regarding such person's business, if requested to do so by the commissioner; or
(e)
Falsifies any information requested by the commissioner.
(2)
In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a registrant in another jurisdiction, either foreign or domestic, if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
(3)
(a)
All disciplinary actions taken by the commissioner pursuant to this article shall be deemed final for purposes of judicial review.
(b)
Any person aggrieved by any disciplinary action taken by the commissioner shall appeal to the Colorado court of appeals.
(4)
No registrant whose registration has been revoked may apply or reapply for registration under this article within two years after the date of such revocation.
L. 93: Entire article R&RE, p. 1015, § 1, effective July 1.
This section is similar to former § 35-27-109 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-118 - Civil penalties

(1)
(a)
Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner.
(b)
(I)
Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such violation, the presence or absence of a pattern of similar violations by the registrant, the effect of the proposed penalty on the ability of the registrant to continue to conduct business, and any other factors deemed relevant.
(II)
The commissioner may request advice from the arbitration council in assessing a fine pursuant to this section.
(c)
The maximum penalty imposed by the commissioner shall not exceed two thousand five hundred dollars per violation.
(2)
No civil penalty shall be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(3)
If the commissioner is unable to collect a civil penalty or if any person fails to pay all or a set portion of such civil penalty, the commissioner is authorized to retain the attorney general pursuant to section
35-27-116
to bring suit to recover such penalty. In any action brought pursuant to this section the commissioner shall be entitled to recover costs and reasonable attorney fees.
L. 93: Entire article R&RE, p. 1015, § 1, effective July 1.
This section is similar to former §§ 35-27-114 and 35-27-115 as they existed prior to 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-119 - Embargo

(1)
(a)
This section shall apply if the commissioner finds or has reasonable cause to believe that any seed is:
(I)
(A)
Adulterated or misbranded; or
(B)
Not labeled pursuant to this article; and
(II)
(A)
In violation of any provision of this article or any rule or regulation adopted pursuant to this article;
(B)
From an unregistered seed labeler;
(C)
For sale or has been sold by an unregistered retail seed dealer; or
(D)
Has been distributed by an unregistered custom seed conditioner.
(b)
The commissioner shall conduct an investigation to determine if a violation of paragraph (a) of this subsection (1) has occurred.
(2)
If paragraph (a) of subsection (1) of this section applies, the commissioner shall affix to the seed in question labeling to give notice that:
(a)
The seed violates this article; and
(b)
The seed is embargoed; and
(c)
No person may remove or dispose of such seed by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.
(3)
If the commissioner determines that embargoed seed is not adulterated or mislabeled, the commissioner shall remove the labeling attached pursuant to subsection (2) of this section.
(4)
The owner of seed embargoed under this section may correct any violation found by the commissioner within thirty days after the embargo of such seed. If the violation is not corrected within thirty days, the commissioner may petition a court of competent jurisdiction to condemn such seed.
(5)
(a)
If a court finds that embargoed seed is in violation of this article, such seed shall, after entry of such court's decree, be destroyed at the expense of the owner, claimant, or custodian thereof, under the supervision of the commissioner, and all court costs, attorney fees, storage fees, and other reasonable and proper expenses shall be assessed against the owner, claimant, or custodian of such seed.
(b)
If adulteration or mislabeling of embargoed seed may be corrected by proper conditioning or labeling, the court, after entry of such court's decree and if costs, attorney fees, storage fees, and expenses are paid and a good and sufficient bond is secured by the owner, claimant, or custodian of such seed, may order that such seed be delivered to the owner, claimant, or custodian for corrective labeling or conditioning. Any such corrective labeling or conditioning shall be conducted under the supervision of the commissioner. The expense of such supervision shall be paid by such owner, claimant, or custodian. The seed shall be returned to its owner, claimant, or custodian when the seed no longer violates this article and the expenses of such supervision have been paid. The commissioner shall inform the court of compliance by the owner, claimant, or custodian of the seed.
L. 93: Entire article R&RE, p. 1016, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-120 - Reports - bulletins

Except as provided for in section
35-27-115(4)
, the commissioner may publish bulletins or press reports setting forth results of any examination, analysis, or test conducted pursuant to this article. Bulletins may include the names of persons who have had seed lots examined, analyzed, or tested. The commissioner may also publish bulletins or press reports which set forth information on seed. Any such report or publications intended for circulation outside the executive branch shall be published and circulated in accordance with the provisions of section
24-1-136
, C.R.S.
L. 93: Entire article R&RE, p. 1017, § 1, effective July 1.
This section is similar to former § 35-27-113 as it existed prior to 1993.