reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-120 - Enforcement

(1)
The commissioner or his designee shall enforce the provisions of this article.
(2)
Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at the person's discretion, a hearing to be held within a reasonable period of time to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of article
4
of title
24
, C.R.S., and shall be determined promptly.
(3)
Whenever the commissioner possesses sufficient evidence satisfactory to him indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
L. 90: Entire article R&RE, p. 1587, § 1, effective May 31. L. 96: (2) amended, p. 1378, § 7, effective July 1.
This section is similar to former §§ 35-10-118 and 35-10-119 as they existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-122 - Civil penalties

(1)
Any person who violates this article 10 or any rule adopted pursuant to this article 10 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty is two thousand five hundred dollars per violation; except that the penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule for the second time.
(2)
No civil penalty may be imposed by the commissioner unless the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(3)
If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty 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.
(4)
Before imposing any civil penalty, the commissioner or a court of competent jurisdiction may consider the effect of such penalty on the ability of the person charged to stay in business.
Amended by 2023 Ch. 350,§ 5, eff. 8/7/2023.
L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 96: (1), (2), and (4) amended, p. 1379, § 9, effective July 1.
This section is similar to former § 35-10-120 as it existed prior to 1990.
2023 Ch. 350, 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) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-123 - Criminal penalties

(1)
No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article
4
of title
24
, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section
35-10-117 (1)(a), (1)(b), (1)(c), (1)(g), and (5)
.
(2)
Any person who violates any of the provisions of section
35-10-117 (1)(a), (1)(b), (1)(c), (1)(e), (1)(g), (1)(i), (1)(j), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), or (4)(a)
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(3)
Any person who violates any of the provisions of section
35-10-117 (1)(f), (2)(f), (2)(g), (4)(b), and (5)
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.
Amended by 2021 Ch. 462, § 619, eff. 3/1/2022.
L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 2002: (2) and (3) amended, p. 1547, § 306, effective October 1. L. 2006: (2) amended, p. 1266, § 15, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 3277, p. 3277, § 619, effective 3/1/2022.
(1) This section is similar to former § 35-10-120 as it existed prior to 1990.
(2) 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 subsections (2) and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-124 - Information - use and handling of pesticides - enforcement action - credentialing information - definition

(1)
The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to the use and handling of pesticides and conduct workshops for the purpose of informing the pesticide applicators of new developments in the field of pesticides.
(2)
The commissioner shall provide internet access to finalized enforcement action information to the general public consisting of, at a minimum, the name of the violator, date of the action, city or county in which the violation occurred, nearest major intersection of roads to where the violation occurred, and final enforcement disposition. The commissioner shall publish the information in a form and manner designated by the commissioner within thirty days after the final disposition.
(3)
(a)
The commissioner shall:
(I)
Publish and periodically update information on the department's website informing consumers about which pesticide applicators are credentialed in compliance with this article 10; and
(II)
Provide the credentialing information specified in subsection (3)(a)(I) of this section in a manner that members of the public may easily access and search on the website.
(b)
As used in this subsection (3), "credentialed" means having a valid license or registration issued pursuant to this article 10.
Amended by 2023 Ch. 350,§ 7, eff. 8/7/2023.
Amended by 2015 Ch. 201, § 7, eff. 7/1/2015.
L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 695, § 7, effective May 19.
This section is similar to former § 35-10-116 as it existed prior to 1990.
2023 Ch. 350, 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) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-126 - Transfer of money from fees and civil penalties

(1)
All fees collected pursuant to this article 10 shall be transmitted to the state treasurer, who shall credit the money to the plant health, pest control, and environmental protection cash fund created in section
35-1-106.3
.
(2)
All civil penalties collected pursuant to section
35-10-122
shall be transmitted to the state treasurer, who shall credit the money to the general fund.
Amended by 2023 Ch. 350,§ 6, eff. 8/7/2023.
L. 90: Entire article R&RE, p. 1590, § 1, effective May 31. L. 2006: Entire section amended, p. 1266, § 17, effective July 1. L. 2009: Entire section amended, (HB 09 -1249), ch. 87, p. 317, § 7, effective July 1.
This section is similar to former § 35-10-107 as it existed prior to 1990.
2023 Ch. 350, 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) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-127 - [Repealed]

L. 90: Entire article R&RE, p. 1590, § 1, effective May 31. L. 2006: Entire section repealed, p. 296, § 12, 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 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-128 - Repeal of article - review of functions

This article 10 is repealed, effective September 1, 2034. Before the repeal, this article 10 is scheduled for review in accordance with section
24-34-104
. As part of its review, the department of regulatory agencies shall report on the extent of local regulation of pesticides pursuant to section
31-15-707 (1)(b)
or under the police power of any political subdivision of the state.
Amended by 2023 Ch. 350,§ 2, eff. 8/7/2023.
Amended by 2015 Ch. 201, § 2, eff. 7/1/2015.
L. 90: Entire article R&RE, p. 1590, § 1, effective May 31. L. 91: Entire section amended, p. 689, § 63, effective April 20. L. 93: Entire section amended, p. 997, § 2, effective June 2. L. 96: Entire section amended, p. 1379, § 10, effective July 1. L. 2006: Entire section amended, p. 296, § 13, effective July 1; entire section amended, p. 1267, § 18, effective July 1; entire section amended, p. 1267, § 19, effective 1/1/2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 693, § 2, effective May 19.
This section is similar to former § 35-10-125 as it existed prior to 1990.
2023 Ch. 350, 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) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-101 - Short title

This article shall be known and may be cited as the "Colorado Chemigation Act".
L. 87: Entire article RC&RE, p. 1278, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Chemical" means any fertilizer or pesticide.
(2)
"Chemigation" means any process whereby chemicals are applied to land or crops in or with water through a closed irrigation system. "Chemigation" does not mean any process whereby chemicals are applied to land or crops in or with water pumped from a stock watering well, a domestic well with a diameter of two inches or less, or from a tailwater collection pond.
(3)
"Commissioner" means the commissioner of agriculture.
(4)
"Contamination" means the degradation of natural water quality as a result of man's activities.
(5)
"Department" means the department of agriculture.
(6)
"Fertilizer" means any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients.
(7)
"Groundwater" means any water not visible on the surface of the ground under natural conditions.
(8)
"Irrigation system" means any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of groundwater or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. "Irrigation system" does not include any hand-held hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source and does not include stock water wells, any domestic well with a diameter of two inches or less, or a system which includes a tailwater collection pond.
(9)
"Open discharge system" means a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted.
(10)
"Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or any other legal or commercial entity.
(11)
"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
(12)
"Pollution" means the man-made or man-induced alteration of the physical, chemical, biological, or radiological integrity of water.
L. 87: Entire article RC&RE, p. 1278, § 1, effective July 1. L. 88: (2) and (8) amended, p. 1219, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-103 - Chemigation permit

(1)
On and after January 1, 1990, no person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a chemigation permit from the department.
(2)
On and after July 1, 1987, a person may obtain, pursuant to section
35-11-105
, a provisional chemigation permit from the department for the application of chemicals to land or crops through the use of chemigation.
(3)
Nothing in this section shall require a person to obtain a chemigation permit to pump or divert water mixed with any chemical to or through an open discharge system.
L. 87: Entire article RC&RE, p. 1279, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-104 - Rules and regulations

(1)
The commissioner shall promulgate rules and regulations pursuant to section
24-4-103
, C.R.S., to:
(a)
Administer the chemigation permit program;
(b)
Establish equipment or performance standards and installation requirements;
(c)
Establish fees for the direct and indirect costs of administering the provisions of this article; and
(d)
Establish criteria for the entry of inspectors upon lands for purposes of conducting inspections.
(2)
The commissioner shall immediately notify the director of the department of public health and environment of the summary suspension of any permit, of the denial, suspension or revocation of a permit, including the specific reason thereof; and the commissioner shall also notify the director of the department of public health and environment of any criminal or civil proceeding brought pursuant to this article. The notice required herein shall contain the legal description of the location of the well which is the subject of the commissioner's action.
L. 87: Entire article RC&RE, p. 1279, § 1, effective July 1. L. 94: (2) amended, p. 2804, § 573, 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-105 - Issuance of provisional chemigation permit - fees

(1)
On and after July 1, 1987, and before January 1, 1990, any person who intends to utilize chemigation may, before commencing, file with the department an application for a provisional chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department.
(2)
The applicant for a provisional chemigation permit shall, on the application, certify that the irrigation system for which he is seeking a permit includes properly installed and functioning equipment in compliance with section
35-11-107
.
(3)
Upon receipt of a complete application for a provisional chemigation permit, the department may issue a provisional chemigation permit to the applicant for a specific irrigation system. The permit holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.
(4)
The fee for a provisional chemigation permit and the annual renewal permit shall be established by rule and regulation of the commissioner and shall reflect all direct and indirect costs for the administration of this article but shall not exceed fifty dollars. The inspection fee for a provisional chemigation permit shall be established by the commissioner and shall reflect all direct and indirect costs of the inspection but shall not exceed forty dollars. A provisional chemigation permit shall expire on March 31 of the year subsequent to the date the provisional chemigation permit was issued. The reinstatement fee for an expired provisional chemigation permit shall be double the amount of the fee for a provisional chemigation permit. A provisional chemigation permit shall not be assignable. The amount of indirect costs assessed under this subsection (4) shall be based on the number of FTE in the program expressed as a percentage of the total FTE in the department. In no case shall the indirect costs assessment exceed this percentage.
(5)
In the event that a ground water management district contracts with the department for the enforcement of the provisions of this article pursuant to the provisions of section
35-11-113
, the amount of the provisional fee and the annual renewal fee for persons utilizing chemigation within such district shall be in an amount up to twenty dollars, as established by the commissioner. There shall be no state inspection fee for inspections made within such district.
L. 87: Entire article RC&RE, p. 1280, § 1, effective July 1. L. 88: (4) amended and (5) added, p. 1220, § 2, 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-106 - Issuance of chemigation permit - fees

(1)
On and after January 1, 1990, any person who intends to utilize chemigation shall, before commencing, file with the department an application for a chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department.
(2)
The applicant for a chemigation permit shall, on the application, certify that the irrigation system for which he is seeking a permit includes properly installed and functioning equipment in compliance with the provisions of section
35-11-107
. Upon receipt of a permit, the permit holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.
(3)
The fee for a chemigation permit and the annual renewal fee shall be established by the commissioner through rules. Such fees shall reflect all direct and indirect costs of the department for the administration of this article. The inspection fee shall be established by rule of the commissioner and shall reflect all direct and indirect costs for the inspection. A chemigation permit shall expire on March 31 of the year subsequent to the date the chemigation permit was issued. The reinstatement fee for an expired chemigation permit shall be double the amount of the fee for a chemigation permit. The reinstatement fee shall not be assessed to any person who filed an affidavit in lieu of a permit for the year prior to the year such person seeks a permit. A chemigation permit shall not be assignable. The amount of indirect costs assessed under this subsection (3) shall:
(a)
Repealed.
(b)
Effective July 1, 2006, be based on the number of FTE in the program expressed as a percentage of the total FTE in the department. In no case shall the indirect costs assessment exceed this percentage.
(4)
In the event that a ground water management district contracts with the department for the enforcement of the provisions of this article pursuant to the provisions of section
35-11-113
, the amount of the fee and annual renewal fee, for persons utilizing chemigation within such district, shall be in an amount established by the commissioner. There shall be no state inspection fee for inspections made within such district.
L. 87: Entire article RC&RE, p. 1280, § 1, effective July 1. L. 88: (3) amended and (4) added, p. 1220, § 3, effective July 1. L. 92: Entire section amended, p. 158, § 1, effective February 25. L. 2003: (3) amended, p. 390, § 2, effective March 5.
Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2006. (See L. 2003, p. 390.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-107 - Equipment and installation requirements

(1)
An irrigation system utilizing chemigation on and after January 1, 1990, or an irrigation system which has been issued a provisional chemigation permit shall have, as component parts thereof, a properly installed and functioning:
(a)
Backflow prevention check valve and vacuum relief valve between the main check valve and the irrigation pump;
(b)
Inspection port to check the performance of the check valve on the irrigation pipeline;
(c)
Automatic low-pressure drain placed between the main check valve and the irrigation pump so that a chemical will drain away from the source of water supply;
(d)
Check valve in the chemical injection line; and
(e)
Simultaneous interlock device between the power system of the chemical injection unit and the irrigation pumping plant to protect the water supply from contamination in the event such pumping plant ceases to operate.
(2)
An irrigation system which would otherwise be subject to all of the requirements of subsection (1) of this section may be exempted from one or more of such requirements if the owner of such irrigation system can demonstrate that the possibility of the source of water from which the irrigation system draws its water cannot be polluted or contaminated as the result of utilizing such irrigation system for chemigation.
L. 87: Entire article RC&RE, p. 1281, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-108 - Affidavit in lieu of permit

For the calendar year beginning January 1, 1990, and for each calendar year thereafter, the owner of an irrigation system who does not intend to utilize chemigation during the calendar year shall notify the department of such intent. Notification shall be by an affidavit provided by the department.
L. 87: Entire article RC&RE, p. 1281, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-109 - Replacement or modification of equipment

Any permit holder who replaces, alters, or modifies or who authorizes the replacement, alteration, or modification of chemigation equipment for an irrigation system which has been issued a chemigation permit shall notify the department within seven days of such replacement, alteration, or modification. Such notification shall be on a form provided by the department. The permit holder shall certify that the irrigation system as replaced, altered, or modified continues to comply with the provisions of this article.
L. 87: Entire article RC&RE, p. 1281, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-110 - Failure to pass inspection - summary suspension - repair orders

(1)
A permit holder operating any irrigation system which does not pass an inspection due to the failure to have installed and operating any device required by section
35-11-107
or the failure to properly install such a device shall have such permit summarily suspended by the inspector at the time of the inspection. Such summary suspension shall be subject to proceedings for suspension and revocation of the permit by the commissioner in accordance with the applicable provisions of article
4
of title
24
, C.R.S. Any irrigation system which has had its permit suspended or revoked shall not be used for chemigation until such irrigation system has been inspected and a reinstatement fee paid. Such reinstatement fee shall be in an amount which is double the amount of the permit fee plus the amount of the inspection fee.
(2)
A permit holder operating any irrigation system which does not pass an inspection because of a defect in any device which is properly installed shall be subject to a repair order issued by the inspector at the time of inspection. The permit holder shall remedy the defect within sixty days of the issuance of the order, and the inspector shall reinspect the irrigation system within ninety days of the issuance of the repair order. Any irrigation system subject to a repair order shall not be used for chemigation until the irrigation system is reinspected and the defect remedied. A fee may be charged or collected for the reinspection in specified circumstances described in the rules and regulations.
L. 87: Entire article RC&RE, p. 1282, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-111 - Inspections - entry upon land

(1)
Each irrigation system for which a permit has been issued may be inspected once every two years.
(2)
Prior to an inspection, the inspector shall notify a permit holder of the time and date of an inspection. The inspector shall inform the permit holder that he is entitled to be present at the inspection. If a permit holder denies access to an inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the permit holder's land is located. The court shall issue such inspection warrant upon presentation by the inspector of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being violated or has been violated, or the information showing that such entry and inspection is required in order to determine whether the provisions of this article are being complied with, as the case may be, that the inspector notified the permit holder of an inspection, that the inspector was denied access by the permit holder, and a general description of the location of the affected land.
(3)
Each irrigation system subject to the provisions of this article which has not been issued a permit pursuant to the provisions of this article may be inspected, without prior notice, by an inspector who has information which gives him reasonable cause to believe that any provision of this article is being violated. If the landowner denies access to the inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the landowner's land is located. The district court shall issue such inspection warrant upon presentation by an inspector of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being violated or has been violated, that the landowner has denied access to the inspector, and a general description of the location of the affected land.
(4)
Except as otherwise provided in section
35-11-113
, inspectors shall be employees of the department.
L. 87: Entire article RC&RE, p. 1282, § 1, effective July 1. L. 88: (1) amended, p. 1221, § 5, 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-112 - Denial, suspension, or revocation of permit

(1)
Pursuant to the applicable provisions of article
4
of title
24
, C.R.S., the commissioner may deny, suspend, revoke, restrict, or refuse to renew the permit of an applicant or permit holder, as the case may be, who:
(a)
Fails to have installed and operating, or to have properly installed, any device required by section
35-11-107
;
(b)
Has used for chemigation an irrigation system which is subject to a repair order under section
35-11-110(2)
and which has not been reinspected and approved;
(c)
Has utilized chemigation without a permit on or after January 1, 1990;
(d)
Has utilized for chemigation any equipment which did not, at the time of such use, meet the requirements established by section
35-11-107
or by any rule or regulation adopted by the commissioner pursuant to this article;
(e)
Has contaminated groundwater or surface water by the use of chemigation;
(f)
Has violated any provision of this article or any rule or regulation promulgated by the commissioner pursuant to this article.
L. 87: Entire article RC&RE, p. 1283, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-113 - Enforcement by ground water management districts

Any ground water management district may contract with the department to enforce the provisions of this article and the rules and regulations promulgated pursuant to this article within the boundaries of the district. Inspectors in ground water management districts which contract with the department shall be employees of the district, and the state or the department shall not be liable for the acts or omissions of such inspectors.
L. 87: Entire article RC&RE, p. 1283, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-114 - Chemigation program management fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees

(1)
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 chemigation program management fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
(2)
(Deleted by amendment, L. 2009, (HB 09-1249), ch. 317, p. 317, § 8, effective July 1, 2009.)
L. 87: Entire article RC&RE, p. 1283, § 1, effective July 1. L. 2009: Entire section amended, (HB 09 -1249), ch. 87, p. 317, § 8, 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-115 - Penalties

(1)
On and after January 1, 1990, any person utilizing chemigation without a permit commits a class 6 felony and shall be punished as provided in section
18-1.3-401(1)(a)(IV)
, C.R.S., and by a fine not to exceed one thousand dollars.
(2)
Any person who violates any provision of subsection (1) of this section shall also be subject to a civil penalty assessed by the court of not less than one hundred dollars nor more than one thousand dollars for each such violation. All civil penalties collected under this subsection (2) 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
.
L. 87: Entire article RC&RE, p. 1283, § 1, effective July 1. L. 88: (1) amended, p. 1221, § 4, effective July 1. L. 89: (1) amended, p. 848, § 126, effective July 1. L. 2002: (1) amended, p. 1547, § 307, effective October 1. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 317, §9, effective July 1.
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) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-116 - Injunctive proceedings

(1)
The department may, through the attorney general of the state of Colorado, apply for civil penalties and for an injunction to enjoin any person from committing any act declared to be unlawful by this article. Such application shall be heard in the district court of the county in which the grounds for the action arose.
(2)
In such proceedings, if the court enters a temporary restraining order, preliminary injunction, or permanent injunction or awards civil penalties, the person against whom such injunctive order was entered or against whom such civil penalties were awarded shall pay the costs of the proceeding, including reasonable attorney fees.
L. 87: Entire article RC&RE, p. 1284, § 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 11 - COLORADO CHEMIGATION ACT (§§ 35-11-101 — 35-11-117) › Section 35-11-117 - Effective date of rules and regulations

The effective date for the initial rules and regulations promulgated pursuant to this article shall be July 1, 1989.
L. 88: Entire section added, p. 1221, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-101 - Short title

This article shall be known and may be cited as the "Organic Certification Act".
L. 89: Entire article added, p. 1376, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-102 - Legislative declaration

The general assembly declares that the purpose of this article is to provide a means for the general public to recognize and purchase organically grown agricultural products and to assist Colorado producers in the marketing of such products. The general assembly further declares that uniformity in labeling will protect both consumers and producers by providing assurance of compliance with recognized production standards.
L. 89: Entire article added, p. 1376, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
(a)
"Agricultural products" means any agricultural, horticultural, floricultural, viticultural, or vegetable product grown or produced.
(b)
Nothing in paragraph (a) of this subsection (1), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a floricultural operation.
(2)
"Commissioner" means the commissioner of agriculture.
(3)
"Department" means the department of agriculture.
(4) to (7)
Repealed.
(8)
"Secretary" means the United States secretary of agriculture or a representative to whom authority has been delegated to act in the secretary's stead.
(9)
"State organic certification program" or "state certification" means the program that implements
7 U.S.C. sec. 6501
et seq. and
7 CFR 205
in Colorado in order that the state certify organic producers pursuant to
7 U.S.C. sec. 6507
.
L. 89: Entire article added, p. 1376, § 1, effective June 6. L. 2002: (8) and (9) added, p. 1112, § 3, effective June 3 and (4) to (7) repealed, p. 1111, § 2, effective October 18. L. 2005: (1) amended, p. 351, § 10, effective August 8.
For the legislative intent contained in the 2002 act enacting subsections (8) and (9) and repealing subsections (4) to (7), see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-104 - Rules

(1)
To carry out the provisions of this article, the commissioner shall adopt appropriate rules pursuant to section
24-4-103
, C.R.S., concerning the following:
(a)
Fees to fund all direct and indirect costs of the administration and implementation of this article;
(b) to (i)
Repealed.
(j)
The provisions of
7 U.S.C. sec. 6501
et seq. and
7 CFR 205
, applicable to the certification of organic producers;
(k)
Confidentiality of information and documents pursuant to section
35-11.5-105 (4)
;
(l)
Establishment of 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.
L. 89: Entire article added, p. 1377, § 1, effective June 6. L. 2002: IP(1) and (1)(a) amended and (1)(j) and (1)(k) added, p. 1112, § 4, effective June 3 and (1)(b) to (1)(i) repealed, p. 1112, § 5, effective October 18. L. 2010: (1)(1) added, (SB 10 -038), ch. 165, p. 581, § 1, effective July 1.
For the legislative intent contained in the 2002 act amending the introductory portion to subsection (1) and subsection (1)(a), enacting subsections (1)(j) and (1)(k), and repealing subsections (1)(b) to (1)(i), see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-105 - Delegation of duties - inspections - cooperative agreements - confidentiality

(1)
(a)
Except as otherwise provided in paragraph (b) of this subsection (1), the powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
(b)
Inspections conducted under the state organic certification program may be performed by the commissioner or the commissioner's authorized agents.
(2)
The department may receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions.
(3)
The department and the commissioner shall coordinate with the secretary to implement the state organic certification program pursuant to this article.
(4)
The commissioner and the commissioner's authorized representative shall maintain strict client confidentiality under the organic certification program and shall not disclose to third parties any business-related information concerning any client obtained while implementing this article; except that the secretary shall have access to such information and the following information shall be made available to the public:
(a)
Certificates issued during the current calendar year and the three immediately preceding calendar years;
(b)
A list of producers and handlers whose operations have been certified during the current calendar year and the three immediately preceding calendar years, including for each the name of the operation, type of operation, products produced, and the effective date of the certification;
(c)
The results of laboratory analyses for residues of pesticides and other prohibited substances conducted during the current calendar year and the three immediately preceding calendar years; and
(d)
Other business information as permitted in writing by the producer or handler.
L. 89: Entire article added, p. 1377, § 1, effective June 6. L. 2002: (3) and (4) added, p. 1113, § 6, effective June 3. L. 2010: (1) amended, (SB 10-038), ch. 165, p. 581, §2, effective July 1.
For the legislative intent contained in the 2002 act enacting subsections (3) and (4), see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-106 - [Repealed]

L. 89: Entire article added, p. 1377, § 1, effective June 6. L. 2002: Entire section repealed, p. 1113, § 7, effective October 18.
For the legislative intent contained in the 2002 act repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-107 - [Repealed]

L. 89: Entire article added, p. 1378, § 1, effective June 6. L. 2002: Entire section repealed, p. 1114, § 8, effective October 18.
For the legislative intent contained in the 2002 act repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-108 - [Repealed]

L. 89: Entire article added, p. 1378, § 1, effective June 6. L. 2002: Entire section repealed, p. 1114, § 9, effective October 18.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-109 - [Repealed]

L. 89: Entire article added, p. 1378, § 1, effective June 6. L. 93: (2) amended, p. 1791, § 84, effective June 6. L. 2002: Entire section repealed, p. 1114, § 10, effective October 18.
For the legislative intent contained in the 2002 act repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-110 - [Repealed]

L. 89: Entire article added, p. 1378, § 1, effective June 6. L. 2002: Entire section repealed, p. 1114, § 11, effective October 18.
For the legislative intent contained in the 2002 act repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-111 - [Repealed]

L. 89: Entire article added, p. 1379, § 1, effective June 6. L. 2002: Entire section repealed, p. 1115, § 12, effective October 18.
For the legislative intent contained in the 2002 act repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-112 - [Repealed]

L. 89: Entire article added, p. 1379, § 1, effective June 6. L. 2002: Entire section repealed, p. 1116, § 13, effective October 18.
For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-113 - Organic certification fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees

(1)
All fees and penalties 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 organic certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
(2)
(Deleted by amendment, L. 2009, (HB 09-1249), ch. 318, p. 318, § 10, effective July 1, 2009.)
L. 89: Entire article added, p. 1380, § 1, effective June 6. L. 2002: Entire section amended, p. 1116, § 14, effective June 3. L. 2009: Entire section amended, (HB 09 -1249), ch. 87, p. 318, § 10, effective July 1.
For the legislative intent contained in the 2002 act amending this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-114 - Advisory board

(1)
Effective July 1, 2010, for the purpose of assisting the commissioner in formulating rules for carrying out the provisions of this article, there is hereby created an organic certification advisory board, to be composed of twelve members appointed by the commissioner, as follows: Nine shall represent certified organic operations; one shall be a consumer representing the general public; one shall be a representative from the Colorado cooperative extension service; and one shall be a representative from the Colorado agricultural experiment station. The nine advisory board members representing certified organic operations shall represent the following four categories of organic certification, in proportion to the number of organic operations certified in each category:
(a)
Crop production;
(b)
Livestock production;
(c)
Processing/handling; and
(d)
Wild crop handling.
(2)
The members of the organic certification advisory board shall serve terms of three years and may be reappointed.
(3)
Members of the advisory board shall receive no compensation but shall be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of such board.
(4)
(Deleted by amendment, L. 93, p. 675, § 11, effective May 1, 1993.)
L. 89: Entire article added, p. 1380, § 1, effective June 6. L. 93: (1) and (4) amended, p. 675, § 11, effective May 1. L. 2010: (1) and (2) amended, (SB 10 -038), ch. 165, p. 582, § 3, effective July 1.