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 35-1-104 - [Effective Until 8/7/2024] Functions, powers, and duties - rules

(1)
The department has and shall exercise the following functions, powers, and duties:
(a)
To inquire into the needs of agriculture of the state and make appropriate recommendations to the governor and the general assembly, except as to functions specifically assigned under state law to other state agencies;
(b)
To perform all regulatory and inspection services relating to agriculture, except agricultural education and research and those regulatory functions relating primarily to the control of milk or milk products or assigned by law to other state agencies;
(c)
To make investigations, conduct hearings, and make recommendations concerning all matters as related to the powers, duties, and functions as provided in this article;
(d)
To cooperate with the United States department of agriculture in getting and disseminating production statistics, market and trade information concerning demand, supply, prevailing prices, and commercial movements of agricultural products and extent of products in storage, and cooperate with any other state or federal agency which in any manner may be helpful to agriculture;
(e)
To annually fix such inspection and license fees and service charges within maximum limits provided by law as may be necessary to pay the cost of service performed and reasonable reserves for contingencies, including cost of depository, accounting, disbursement, auditing, and rental of quarters and facilities furnished by the state;
(f)
To foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and marketing of agricultural products and, after investigation and public hearings thereon, acting in cooperation with the United States department of agriculture, to establish and promulgate standard grades and other standard classifications of and for agricultural products, except milk or milk products;
(g)
To extend in every practicable way the distribution and sale of Colorado agricultural products throughout the markets of the world;
(h)
To promote, in the interest of the producer, the distributor, and the consumer, the economical and efficient distribution of agricultural products of this state and to that end cooperate with the department of commerce of the United States and any other department or agency of the federal government;
(h.5)
To promote, within existing appropriations, farmers' markets located within the state, including support or development of farmers' market organizations and working groups and the provision of education, outreach, and other assistance;
(i)
To obtain and furnish information relating to the selection of shipping routes, adoption of shipping methods, or avoidance of delays in the transportation of agricultural products or helpful in the solution of other transportation problems connected with the distribution of agricultural products;
(j)
To act as adviser to producers and distributors, when requested, and to assist them in the economical and efficient distribution of their agricultural product;
(k)
To foster and encourage cooperation between producers and distributors in the interest of the general public;
(l)
To act as a mediator or arbitrator in any controversy or issue that may arise between producers and distributors of any agricultural products concerning the grade or classification of such products;
(m)
To determine for the protection of owners, buyers, creditors, or other interested parties the validity of warehouse receipts for any such products by verifying quantities, grade, and classification thereof;
(n)
To enforce the state laws or regulations relating to fruit and vegetable inspection and grading; spray residue inspection and removal; the registration, inspection, and analysis of commercial feeding stuffs; the licensing of commission merchants, produce dealers, brokers, and agents handling agricultural products; the inspection and grading of poultry and eggs; the inspection of warehouses and frozen food locker plants; the inspection of commercial fertilizers; the control of plant and insect pests and diseases; the control and eradication of noxious and poisonous weeds; the inspection and sale of seeds; the control of contagious and infectious livestock diseases; and all other regulatory laws relating to agriculture;
(o)
To inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any private or public place which may become infested or infected with harmful insects, plant diseases, noxious or poisonous weeds, or other agricultural pests; to establish and enforce quarantines; to issue and enforce orders and regulations for the control and eradication of said pests, wherever they may exist within the state; to perform such other duties relating to plants and plant products as may seem advisable and not contrary to law; and to inspect apiaries for diseases inimical to bees and beekeeping and enforce the laws relating thereto;
(p) to (t)
Repealed.
(u)
To license and inspect locker plants and enforce standards of construction and operation;
(v)
To offer and award suitable premiums on livestock at the national western stock show;
(w)
To take charge of the exhibition of Colorado agricultural products at international or national expositions;
(x)
To cooperate with the United States department of agriculture or any other federal agency in control and eradication activities and programs involving predatory animals and rodent pests, plant diseases and insect pests, and noxious and poisonous weeds and to cooperate in the enforcement of the provisions of the federal seed act governing the movement of seeds in interstate commerce;
(y)
To serve as the state agency to carry out the policies and purposes of the "Colorado Agricultural Conservation and Adjustment Act" and to promote and administer state plans for the same;
(z)
Repealed.
(aa)
On approval of the governor, to coordinate the management and operation of farms of state institutions and the exchange of agricultural products and equipment between state institutions;
(aa.1)
To promulgate rules to specify the varieties of rapeseed, also known as canola, produced in the state and the geographical locations where each variety may be produced or stored, to establish districts and require registration of fields producing rapeseed with the appropriate district, and to enforce the provisions of this paragraph (aa.1) by requiring a producer to take appropriate action necessary to prevent cross-pollination, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.1);
(aa.2)
To promulgate rules specifying the class of strawberries allowed for production of nursery stock in the state and the geographical locations where each class may be produced, establishing districts and requiring registration of fields producing strawberries with the appropriate district, and enforcing the provisions of this paragraph (aa.2) by requiring a producer to take appropriate actions necessary to prevent the introduction of diseases and pests, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.2);
(aa.3)
To identify agricultural management areas in the state and to develop best management practices pursuant to section
25-8-205.5 (3)
, C.R.S., and to assist the commissioner in the promulgation of any rules and regulations authorized pursuant to said section;
(bb)
Such other and additional functions, powers, and duties as may be provided by law;
(cc)
To solicit grants, donations, and gifts for the purpose of funding noxious weed management projects, as described in section
35-5.5-116
. Such moneys shall be transferred to the state treasurer, who shall credit the same to the noxious weed management fund.
(dd)
For each division, section, program, or established funding source of the department, to solicit, receive, and spend grants, donations, and gifts. Such moneys shall be transmitted to the state treasurer, who shall credit the same to the particular cash fund or established funding source deemed most appropriate by the department.
(ee) and (ff)
Repealed.
(2)
Whenever any law provides for issuance or renewal by the department of any license, permit, certificate, registration, or other form of authorization and such law provides for specific dates for the issuance, renewal, or expiration of the same, notwithstanding the provisions of any such laws, and in order to promote efficiency and avoid duplication of effort, the department may, by rule and regulation, establish dates for such issuance, renewal, or expiration different from those established by law; but in no case shall the department change the duration or period of time during which any license, permit, certificate, registration, or other form of authorization may be valid or effective as established by law, unless otherwise provided.
(3)
Whenever a specific law provides for the renewal by the department of any license previously issued and provides a license renewal fee to be paid by the applicant therefor, upon the issuance of any such renewal license after the applicable renewal date, the applicant shall pay in addition to the renewal fee a penalty in an amount equal to the said renewal fee, but not to exceed twenty-five dollars. The provisions of this subsection (3) shall not apply to articles
14
and
21
of this title 35, nor to any other specific law that provides for a penalty for the issuance of a license, permit, or registration after the applicable renewal date.
(4)
To the extent its costs are repaid by gifts, grants, or donations received pursuant to section
35-1-107 (6)
, and only to that extent, the department may provide educational programs and materials regarding any activity regulated under articles
12
,
13
,
14
,
21
,
33
,
36
, and
60
of this title 35.
Amended by 2021 Ch. 232, § 2, eff. 6/15/2021.
Amended by 2020 Ch. 160, § 7, eff. 6/29/2020.
Amended by 2019 Ch. 74, § 1, eff. 8/2/2019.
Amended by 2018 Ch. 274, § 71, eff. 5/29/2018.
Amended by 2017 Ch. 262, § 7, eff. 8/9/2017.
Amended by 2017 Ch. 264, § 106, eff. 5/25/2017.
L. 49: p. 186, § 4. CSA: C. 5, § 13(6). CRS 53: § 6-1-4. C.R.S. 1963: § 6-1-4. L. 69: pp. 107, 108, §§ 1, 3. L. 73: p. 193, § 1. L. 82: (1)(z) repealed, p. 537, § 15, effective 1/1/1983. L. 85: (1)(b), (1)(f), and (1)(n) amended and (1)(p) to (1)(t) repealed, pp. 901, 902, §§ 3, 4, effective April 5. L. 87: (1)(aa.1) added, p. 1276, § 1, effective May 28. L. 90: (1)(aa.3) added, p. 1334, § 5, effective July 1. L. 96: (1)(cc) added, p. 763, § 2, effective May 23. L. 2003: (4) added, p. 1723, § 1, effective May 14. L. 2004: (1)(aa.2) added, p. 1049, § 1, effective August 4. L. 2006: (1)(dd) added, p. 17, § 1, effective March 6. L. 2007: (1)(ee) added, p. 1228, § 2, effective August 3. L. 2012: (1)(h.5) added, (SB 12 -048), ch. 44, p. 44, § 6, effective March 15. L. 2017: (1)(ee) repealed, (SB 17-294), ch. 1414, p. 1414, § 106, effective May 25; (4) amended, (SB 17-225), ch. 1246, p. 1246, § 7, effective August 9. L. 2018: (3) amended, (HB 18-1375), ch. 1717, p. 1717, § 71, effective May 29. L. 2019: (1)(b) amended, (HB 19 -1114), ch. 270, p. 270, § 1, effective August 2. L. 2020: (4) amended, (HB 20-1213), ch. 754, p. 754, § 7, effective June 29. L. 2021: (1)(ff) added, (SB 21-235), ch. 1228, p. 1228, § 2, effective June 15.
Section 4(2) of chapter 74 (HB 19-1114), Session Laws of Colorado 2019, provides that the act changing this section applies to acts committed on or after August 2, 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
(1) For rule-making and licensing procedures, see article 4 of title 24 ; for the "Colorado Agricultural Conservation and Adjustment Act", see article 3 of this title; for the noxious weed management fund, see § 35-5.5-116 ; for the "Federal Seed Act", see 7 U.S.C. §1551 et seq. (2) For the legislative declaration in the 2012 act adding subsection (1)(h.5), see section 1 of chapter 16, Session Laws of Colorado 2012. For the legislative declaration in SB 21-235, see section 1 of chapter 232, Session Laws of Colorado 2021.