reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-121 - Agreement of the state not to limit or alter rights of obligees

The state hereby pledges to and agrees with the holders of any bonds, notes, or other obligations issued under this article and with those parties who may enter into contracts with the authority pursuant to the provisions of this article that the state will not limit, alter, restrict, or impair the rights vested in the authority to fulfill the terms of any agreements made with the holders of bonds, notes, or other obligations authorized and issued pursuant to this article and with the parties who may enter into contracts with the authority pursuant to this article. The state further agrees that it will not in any way impair the rights or remedies of the holders of such bonds, notes, or other obligations of such parties until such bonds, notes, and other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority. Nothing in this article precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds, notes, or other obligations of the authority or those entering into such contracts with the authority. The authority may include this pledge and undertaking for the state in such bonds, notes, or other obligations and in such contracts.
L. 81: Entire article added, p. 1743, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-122 - Enforcement of rights of bondholders

Any holder of bonds issued pursuant to this article or a trustee under a trust agreement or trust indenture entered into pursuant to this article, except to the extent that his rights are restricted by any bond resolution, may protect and enforce, by any suitable form of legal proceedings, any rights under the laws of this state or granted by the bond resolution. Such rights include the right to compel the performance of all duties of the authority required by this article or the bond resolution and to enjoin unlawful activities.
L. 81: Entire article added, p. 1744, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-123 - Bonds eligible for investment

All banks, bankers, trust companies, savings and loan associations, investment companies, insurance companies and associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds issued pursuant to this article. Public entities, as defined in section
24-75-601(1)
, C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S.
L. 81: Entire article added, p. 1744, § 1, effective June 19. L. 89: Entire section amended, p. 1131, § 73, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-124 - Account of activities - receipts for expenditures - report - audit

The authority shall keep an accurate account of all its activities and of all its receipts and expenditures. The state auditor may investigate the affairs of the authority, may examine the properties and records of the authority, and may prescribe methods of accounting and the rendering of periodical reports in relation to undertakings by the authority.
L. 81: Entire article added, p. 1744, § 1, effective June 19. L. 84: Entire section amended, p. 950, § 2, effective March 26. L. 96: Entire section amended, p. 1221, § 19, effective August 7.
For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-125 - Federal social security act

The authority may take such action as it deems appropriate to enable its employees to come within the provisions and obtain the benefits of the federal "Social Security Act", as from time to time amended.
L. 81: Entire article added, p. 1744, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-126 - Powers of authority not restricted

This article shall not be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state but shall be construed as cumulative of any such powers. Nothing in this article shall be construed to deprive the state and its political subdivisions of their respective police powers over properties of the authority or to impair any power over such properties of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.
L. 81: Entire article added, p. 1744, § 1, effective June 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 1 - GENERAL (§§ 35-75-101 — 35-75-127) › Section 35-75-127 - [Repealed]

L. 81: Entire article added, p. 1745, § 1, effective June 19. L. 84: Entire section repealed, p. 950, § 1, effective March 26.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 2 - AGRICULTURE VALUE-ADDED DEVELOPMENT FUND PROGRAM (§§ 35-75-201 — 35-75-205) › Section 35-75-201 - Legislative declaration - purpose of part

(1)
The general assembly finds, determines, and declares that, due to current economic conditions throughout rural Colorado, it is in the best interests of the people of this state that measures be taken to encourage, promote, and stimulate agriculturally based economic development and employment in rural Colorado. To that end, it is the purpose of this part 2 to facilitate the processing of agricultural products and commodities within this state to further stimulate the economy and employment in rural Colorado and to serve as a resource for the state's agricultural industry.
(2)
The general assembly further finds, determines, and declares that the public purpose served by the grants, loans and loan guarantees, and equity investments authorized by this part 2 preponderates over any individual interests incidentally served thereby.
L. 2001: Entire part added, p. 623, § 2, effective May 30. L. 2010: (2) amended, (SB 10-212), ch. 412, p. 2032, §2, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 2 - AGRICULTURE VALUE-ADDED DEVELOPMENT FUND PROGRAM (§§ 35-75-201 — 35-75-205) › Section 35-75-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Board" means the Colorado agricultural value-added development board created in section
35-75-203
.
(2)
"Department" means the department of agriculture.
(3)
"Development facility" means a Colorado facility that either produces goods from an agricultural commodity or uses a process to produce goods from an agricultural product.
(4)
"Eligible agricultural value-added cooperative" means a cooperative association formed pursuant to article 55 or 56 of title 7, C.R.S., for the purpose of operating a development facility and that meets the eligibility criteria established by the board pursuant to section
35-75-204(2)
.
(5)
"Fund" means the agriculture value-added cash fund created in section
35-75-205(1)
.
(6)
"Member" means a resident individual or a domestic or foreign corporation subject to the provisions of part 3 of article
22
of title
39
, C.R.S.
(7)
"Participant" means a resident individual or a domestic or foreign corporation subject to the provisions of part 3 of article
22
of title
39
, C.R.S., that contributes cash funds to the board.
L. 2001: Entire part added, p. 624, § 2, effective May 30. L. 2010: (7) amended, (SB 10-212), ch. 412, p. 2032, §3, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › DEVELOPMENT AUTHORITY (§§ 35-75-101 — 35-75-205) › Article 75 - COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY ACT (§§ 35-75-101 — 35-75-205) › Part 2 - AGRICULTURE VALUE-ADDED DEVELOPMENT FUND PROGRAM (§§ 35-75-201 — 35-75-205) › Section 35-75-203 - Colorado agricultural value-added development board - creation - members

(1)
There is created in the department the Colorado agricultural value-added development board for the purpose of encouraging and promoting agricultural business projects that add value to agricultural products and aid the economies of rural communities. The Colorado agricultural value-added development board is a
type 1
entity, as defined in section
24-1-105
.
(2)
The board shall consist of seven members of the authority. The commissioner of agriculture shall be an ex officio, nonvoting member of the board.
(3)
Members of the board shall receive no compensation for their service on the board, but shall be entitled to reimbursement for actual and necessary travel and other actual expenses incurred in the performance of their official duties. The board shall adopt uniform and reasonable rules governing the incurring and paying of such expenses.
Amended by 2022 Ch. 469,§154, eff. 8/10/2022.
L. 2001: Entire part added, p. 624, § 2, effective May 30.
2022 Ch. 469, 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) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-101 - Legislative declaration

This article 77 is adopted by the general assembly with the intention that the commissioner will implement and enforce
21 CFR 112
, concerning produce safety, under a cooperative agreement with the FDA, and in lieu of federal enforcement by the FDA. The commissioner may seek to enter into a cooperative agreement with the FDA whereby the commissioner will assume enforcement authority and receive funding from the FDA. The first agreement should extend for five years. If the agreement is not renewed for a second or subsequent period, the commissioner will cease implementing and enforcing this article 77.
Added by 2019 Ch. 74, § 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19 -1114), ch. 270, p. 270, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-102 - Definitions

As used in this article 77, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of agriculture.
(2)
"Covered activity" has the same meaning as set forth in
21 CFR 112.3
.
(3)
"Department" means the department of agriculture.
(4)
"Farm" has the same meaning as set forth in
21 CFR 112.3
.
(5)
"FDA" means the United States food and drug administration.
(6)
"Produce" has the same meaning as set forth in
21 CFR 112.3
.
Added by 2019 Ch. 74,§ 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1114), ch. 271, p. 271, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-103 - Cooperative agreement - federal funding - applicability - rules

(1)
The commissioner may seek, accept, and expend federal money for the purposes of this article 77. The commissioner may enter into a cooperative agreement with the FDA to implement
21 CFR 112
under state law and to seek federal money.
(2)
If the commissioner does not receive adequate money under subsection (1) of this section to implement this article 77, the commissioner need not implement this article 77 or may cease implementing this article 77. If the commissioner does not implement this article 77 or ceases implementing this article 77, the commissioner shall promulgate a rule providing public notice that this article 77 is not being implemented and that a farm need not register under this article 77.
Added by 2019 Ch. 74, § 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19 -1114), ch. 271, p. 271, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-104 - Registration required - rules

(1)
Except as provided in section
35-77-103
, a farm, including a farm that is incorporated into another business, shall register with the commissioner if the farm conducts covered activity and the produce sold during the previous three years by the farm has an average annual monetary value of more than twenty-five thousand dollars, as adjusted for inflation by the FDA under
21 CFR 112
, using 2011 as the baseline year for calculating the adjustment. The amount that triggers registration is calculated on a rolling basis.
(2)
Each time the FDA changes the amount of sales that triggers registration, the commissioner shall promulgate a rule setting forth the new amount of sales that triggers registration.
Added by 2019 Ch. 74, § 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19 -1114), ch. 271, p. 271, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-105 - Produce safety - rules

The commissioner shall promulgate rules adopting
21 CFR 112
for produce safety standards for farms.
Added by 2019 Ch. 74, § 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19 -1114), ch. 271, p. 271, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-106 - Commissioner duties and authority - rules

(1)
The commissioner may:
(a)
Adopt any rule reasonably necessary to implement this article 77; and
(b)
Administer and enforce this article 77 and any rules adopted under this article 77.
(2)
In accordance with article
4
of title
24
, the commissioner shall conduct hearings required by this article 77 and, at the commissioner's discretion, use administrative law judges to conduct the hearings.
Added by 2019 Ch. 74,§ 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1114), ch. 272, p. 272, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-107 - Investigation - access to records and facilities

(1)
The commissioner may close to public inspection investigations, complaints of record, and farm records; except that:
(a)
The person in interest, as defined in section
24-72-202
, may access these records; or
(b)
The records may be accessed in accordance with a court order.
(2)
(a)
During regular business hours, a farm shall give the commissioner access, upon the commissioner giving the farm written notice and obtaining consent or an administrative search warrant, to real property used for, any building used for, or any facility used for activities regulated under this article 77 if the access is for the purpose of implementing or enforcing this article 77 or any rule adopted under this article 77.
(b)
During regular business hours, a farm shall give the commissioner, upon the commissioner giving the farm written notice, access to all records required to be kept by rule of the commissioner and shall allow the commissioner to make copies of the records if the access or copying is for the purpose of implementing or enforcing this article 77 or any rule adopted under this article 77.
(3)
The commissioner may make any investigation necessary to ensure compliance with this article 77.
(4)
(a)
The commissioner may:
(I)
Administer oaths and take statements;
(II)
Issue subpoenas requiring the attendance of witnesses before the commissioner and compel the witnesses to disclose all known facts concerning the matter under investigation; and
(III)
Require the production of books, documents, items, or instruments.
(b)
Upon the failure or refusal of a witness to obey a subpoena compelling the witness to appear and testify or to produce documentary evidence, the commissioner may petition the district court to compel the witness to obey the subpoena. Upon a proper showing, the court may enter an order requiring compliance with the subpoena. Failure to obey the court's order is punishable as a contempt of court.
Added by 2019 Ch. 74,§ 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1114), ch. 272, p. 272, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-108 - Cease-and-desist orders

(1)
(a)
The commissioner may issue an order to cease and desist from violating this article 77 if the commissioner determines, based upon credible evidence, that:
(I)
A person is violating this article 77 or a rule adopted under this article 77; or
(II)
A person is violating section
35-77-104
.
(b)
To issue a cease-and-desist order, the commissioner must set forth in the order the statutes or rules alleged to have been violated, the facts alleged to constitute the violation, and a requirement that the alleged violations cease and desist.
(c)
To protest a cease-and-desist order, a person must request within thirty days after the date of the order a hearing on the question of whether the person has violated this article 77 or a rule adopted under this article 77. If so requested, the commissioner shall hold a hearing.
(2)
A person aggrieved by a cease-and-desist order that has become final may seek judicial review of the order.
(3)
(a)
If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with the order, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further violation of this article 77 or a rule adopted under this article 77.
(b)
If the subject of a cease-and-desist order requests that the cease-and-desist order be stayed pending an approval of the order, a court shall not stay the cease-and-desist order until after a hearing has been held at which both parties have had an opportunity to appear.
(c)
A court shall give preference to matters brought before the court under this section over other matters on the calendar of the court.
Added by 2019 Ch. 74,§ 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1114), ch. 273, p. 273, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-109 - Unlawful acts

(1)
Unless authorized by law, it is unlawful for any person to:
(a)
Refuse to comply with a cease-and-desist order issued under section
35-77-108
; or
(b)
Make a material misstatement in a registration or to the commissioner or the department during an official investigation.
(2)
It is unlawful for an employee, official of the department, or person designated by the commissioner to:
(a)
Use for private advantage any information derived from reports or records submitted to the department in accordance with this article 77;
(b)
Disclose any information derived from reports or records submitted to the department in accordance with this article 77; except that the information may be disclosed to:
(I)
A court of this or other states; or
(II)
People who are authorized to receive the information, reports, or records.
Added by 2019 Ch. 74,§ 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1114), ch. 273, p. 273, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-110 - Administrative penalties

(1)
(a)
A farm that violates this article 77 or a rule adopted under this article 77 is subject to an administrative penalty, as determined by the commissioner.
(b)
To impose an administrative penalty, the commissioner must consider the severity of the violation, the amount of harm caused by the violation, the presence or absence of a pattern of similar violations by the farm, and the effect of the proposed penalty on the ability of the farm to continue to conduct business.
(c)
The commissioner shall not impose an administrative penalty that exceeds two thousand five hundred dollars per violation.
(2)
To impose an administrative penalty, the commissioner must give the alleged violator notice and an opportunity for a hearing in accordance with article
4
of title
24
.
(3)
If a farm fails to pay any portion of an administrative penalty imposed in accordance with this section, the commissioner may bring suit to recover the penalty. In any action brought under this section, the commissioner may, if successful, recover costs and reasonable attorney fees.
Added by 2019 Ch. 74,§ 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1114), ch. 274, p. 274, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Article 77 - PRODUCE SAFETY (§§ 35-77-101 — 35-77-111) › Section 35-77-111 - Repeal of article - notice to revisor of statutes

(1)
This article 77 is repealed, effective September 1, 2034. Before the repeal, this article 77 is scheduled for review in accordance with section
24-34-104
.
(2)
This article 77 will be repealed if the commissioner promulgates a rule providing public notice that this article 77 is not being implemented. The commissioner shall notify the revisor of statutes in writing of the date when the condition specified in this subsection (2) has occurred by e-mailing the notice to revisorofstatutes.ga@state.co.us. This article 77 is repealed effective upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Added by 2019 Ch. 74, § 2, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19 -1114), ch. 274, p. 274, § 2, effective August 2.
As of publication date, the revisor of statutes has not received the notice referred to in subsection (2).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-101 - Short title

This article shall be known and may be cited as the "Pet Animal Care and Facilities Act".
L. 94: Entire article added, p. 1299, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-104 - Pet animal facility license required

Any person operating a pet animal facility shall possess a valid pet animal facility license issued by the commissioner in accordance with this article and any rules and regulations adopted by the commissioner in accordance with the provisions of this article.
L. 94: Entire article added, p. 1302, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-105 - Pet animal facility - licensure requirements - application - fees

(1)
Each applicant for a pet animal facility license shall submit an application providing all required information in the form and manner required by the commissioner.
(2)
Each location of a pet animal facility shall be separately licensed.
(3)
If a pet animal facility operates under more than one business name from a single location:
(a)
No additional pet animal facility license shall be required for the different business names;
(b)
The pet animal facility operator must maintain separate records pursuant to section
35-80-107
for each such business name; and
(c)
The name of each business providing services that are related to those of a pet animal facility shall be listed with the commissioner in the form and manner designated. The commissioner may require that a separate fee be paid for each such business name.
(4)
Each applicant for a pet animal facility license shall pay an annual license fee in the amount specified by rule of the commissioner, which amount shall not exceed seven hundred dollars per license.
(5)
Each pet animal facility license shall expire on a date specified by the commissioner by rule.
(6)
Each licensee shall report to the commissioner, in the form and manner the commissioner shall designate, any change to the information provided in the application or reports previously submitted within fifteen days of any such change.
(7)
Licenses issued pursuant to this article shall not be transferable.
(8)
Each pet animal facility licensed pursuant to this article shall display in a conspicuous place signage that contains contact information for the office or other appropriate department subdivision that administers this article.
Amended by 2014 Ch. 365,§ 5, eff. 7/1/2014.
L. 94: Entire article added, p. 1302, § 8, effective July 1. L. 2000: (4) amended, p. 1398, § 6, effective May 30. L. 2003: (4) amended, p. 2095, § 5, effective July 1. L. 2009: (5) amended and (8) added, (SB 09-118), ch. 327, pp. 1742, 1743, §§ 9, 15, effective July 1. L. 2014: (4) amended, (HB 14-1270), ch. 365, p. 1745, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-106 - Pet animal facility license - renewal

(1)
Each pet animal facility shall apply to renew its license on or before the expiration date of the license. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the required renewal fee.
(2)
If the application for renewal is not postmarked on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed. No license shall be renewed until the renewal fee and any penalty fee are paid.
(3)
If the application and fee for renewal are postmarked later than one calendar month after the expiration date of the license, the license shall not be renewed and the pet animal facility shall apply for a new license.
(4)
The commissioner may refuse to renew a license pursuant to this section for failure to pay an outstanding civil penalty imposed under section
35-80-113
.
L. 94: Entire article added, p. 1303, § 8, effective July 1. L. 2004: (4) added, p. 1894, § 1, effective June 4. L. 2009: (1) to (3) amended, (SB 09-118), ch. 327, p. 1742, §10, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-106.4 - [Effective until 8/7/2024] Sterilization of ownerless dogs and cats required - rules - exceptions - violations

(1)
An animal shelter or pet animal rescue shall not release a dog or cat to a prospective owner unless the animal has been sterilized by a licensed veterinarian.
(2)
If a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the life or health of the dog or cat, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure. At such time, the prospective owner shall have the animal sterilized. If the determination of unfitness for sterilization has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to the provisions of this subsection (2).
(3)
This section does not apply to:
(a)
The release of a dog or cat to a person with prior and continuing ownership rights to the dog or cat who is reclaiming the animal from an animal shelter or pet animal rescue;
(b)
The transfer of an animal from an animal shelter or pet animal rescue to another animal shelter or pet animal rescue or to a veterinarian;
(c)
Repealed.
(d)
Public animal shelters eligible for waiver of licensing fees pursuant to rules promulgated by the commissioner; or
(e)
A facility in an area with limited access to licensed veterinarians that has been granted an exemption by the commissioner.
(4)
Nothing in this section shall preclude a town, city, county, or city and county from adopting, maintaining, or enforcing an ordinance that exceeds the minimum requirements adopted by the commissioner in implementing and enforcing this section. Nothing in this section shall preclude a licensed animal shelter, whether public or private, from adopting, maintaining, or following a policy that exceeds the minimum requirements adopted by the commissioner in implementing and enforcing this section.
Amended by 2019 Ch. 409, § 3, eff. 8/2/2019.
L. 2008: Entire section added, p. 200, § 2, effective 1/1/2009.
Section 7(2) of chapter 409 (SB 19-158), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-106.5 - Psittacine bird leg band - fee - rules

(1)
Each applicant for a Colorado psittacine bird leg band shall be issued a bird leg band number by the commissioner after paying the required application fee, and each holder of a bird leg band number shall pay an annual renewal fee on or before the annual date set by the commissioner.
(2)
The application, fees, and annual renewal date described in subsection (1) of this section shall be set forth in rule adopted by the commissioner.
L. 98: Entire section added, p. 119, § 2, effective March 24. L. 2009: Entire section amended, (SB 09-118), ch. 327, p. 1742, §11, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-106.6 - Care of dogs and cats in animal shelters and pet animal rescues - legislative declaration - requirements

(1)
The general assembly finds, determines, and declares that homeless dogs and cats, other than cats that were not socialized to people during their behavioral development and therefore do not allow themselves to be handled, deserve appropriate shelter, care, and enrichment by animal shelters and pet animal rescues.
(2)
Each animal shelter and pet animal rescue shall provide each dog and cat held in its custody with timely veterinary care to address and prevent unnecessary or unjustifiable pain and suffering.
(3)
Each animal shelter and pet animal rescue shall address the behavioral needs of each dog and cat held in its custody to ensure that the dog or cat is not housed or kept in a manner that fosters stereotypic or self-mutilating behavior.
(4)
Nothing in this section limits other available potential live outcomes for dogs or cats in the custody of an animal shelter or pet animal rescue.
Added by 2021 Ch. 164,§2, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1160), ch. 923, p. 923, § 2, effective September 7.
2021 Ch. 164, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 21-1160, see section 1 of chapter 164, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-107 - Record-keeping requirements

Each pet animal facility shall keep and maintain records in the form and manner designated by the commissioner. Such records shall be retained for a period of two years and shall be kept at the address specified in the license application for the pet animal facility.
L. 94: Entire article added, p. 1303, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-108.5 - Dog breeders and cat breeders - pet stores - short title

(1)
The short title of this section is the "Pet Store Consumer Protection Act".
(2)
A pet store that sells or offers for sale dogs or cats shall:
(a)
Include on all advertisements, including website postings, the purchase price of the dog or cat and any applicable federal or state license numbers for the breeder of the dog or cat;
(b)
Post on the enclosure of each dog or cat the purchase price of the dog or cat and the following information on the dog's or cat's breeder: Full name; kennel name, if applicable; city; state; and any applicable state or federal license numbers; and
(c)
Disclose to a prospective consumer in writing, prior to the sale of a dog or cat, the following information about the dog or cat:
(I)
The purchase price of the dog or cat;
(II)
The interest rate or range associated with any financing or credit card offered to the prospective purchaser; and
(III)
Any applicable federal or state license numbers and an unredacted list of all violations of any federal or state law the dog or cat breeder, broker, or transporter received in the previous two years on a federal or state inspection report.
(3)
Nothing in this section precludes a statutory or home rule town, city, county, or city and county from enacting laws more stringent than the requirements of this section, including a prohibition on the sale or offer for sale of dogs and cats.
Added by 2021 Ch. 82,§2, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1102), ch. 312, p. 312, §2, effective September 7.
Section 3(2) of chapter 82 (HB 21-1102), Session Laws of Colorado 2021, provides that the act adding this section applies to conduct occurring on or after September 7, 2021.
2021 Ch. 82, 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) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-111 - Enforcement

(1)
The commissioner or the commissioner's designee shall enforce the provisions of this article.
(2)
(a)
Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, he or she may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule promulgated 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 such person's discretion, a prompt hearing 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.
(b)
In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this article.
(c)
No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
(3)
Whenever the commissioner possesses sufficient evidence satisfactorily 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 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 issued 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. 94: Entire article added, p. 1307, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-112 - Disciplinary actions - denial of license - definition

(1)
The commissioner, pursuant to the provisions of article
4
of title
24
, may issue letters of admonition or deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article 80 if the applicant or licensee:
(a)
Has refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the commissioner;
(b)
Has been convicted of a local, state, or federal offense involving the theft, importation, capture, neglect, or abuse of an animal; or cruelty to animals as defined in article
9
of title
18
; or any similar statute of any other state;
(c)
Has had an equivalent license denied, revoked, or suspended by any authority;
(d)
Has refused to provide the commissioner with reasonable, complete, and accurate information regarding the care of animals when requested by the commissioner; or
(e)
Has falsified 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 licensee from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
(3)
No licensee whose license has been revoked may apply or reapply for a license under this article 80 until two years after the date of the revocation. The two-year period of ineligibility also applies to a principal, officer, director, manager, or any other person who has substantial control or authority over the daily operations of the entity, whether the person applies individually or as a principal, officer, director, manager, or other person who has or would have substantial control or authority over the daily operations of the same or a different entity.
(4)
As used in this section, "convicted" means having entered a plea of guilty, including a plea of guilty entered pursuant to a deferred sentence under section
18-1.3-102
, or a plea of no contest, accepted by the court, or having received a verdict of guilty by a judge or jury.
Amended by 2019 Ch. 409,§ 4, eff. 8/2/2019.
Amended by 2014 Ch. 365,§ 9, eff. 7/1/2014.
L. 94: Entire article added, p. 1308, § 8, effective July 1. L. 2014: (3) amended, (HB 14-1270), ch. 365, p. 1747, § 9, effective July 1. L. 2019: IP(1), (1)(b), and (3) amended and (4) added, (SB 19-158), ch. 3606, p. 3606, § 4, effective August 2.
Section 7(2) of chapter 409 (SB 19-158), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-112.5 - Denial of license - animal cruelty or animal fighting conviction

(1)
The commissioner, pursuant to article
4
of title
24
, C.R.S., may deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee, or any principal, officer, director, manager, or other person who has or would have substantial control or authority over the licensee or over its daily operations, has been convicted of cruelty to animals pursuant to section
18-9-202(1)(a)
or (1.5)(a), C.R.S., or any similar statute of any other state.
(2)
Notwithstanding subsection (1) of this section, the commissioner, pursuant to article
4
of title
24
, C.R.S., shall deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee, or any principal, officer, director, manager, or other person who has or would have substantial control or authority over the licensee or over its daily operations, has been convicted, at any time, of:
(a)
Animal fighting pursuant to section
18-9-204
, C.R.S., or any similar statute of any other state;
(b)
Aggravated cruelty to animals pursuant to section
18-9-202
(1.5)(b), C.R.S., or any similar statute of any other state; or
(c)
A second or subsequent conviction of cruelty to animals pursuant to section
18-9-202(1)(a)
or (1.5)(a), C.R.S., or any similar statute of any other state.
Amended by 2014 Ch. 365,§ 10, eff. 7/1/2014.
L. 2000: Entire section added, p. 1399, § 9, effective May 30. L. 2014: Entire section amended, (HB 14-1270), ch. 365, p. 1747, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-113 - Civil penalties

(1)
Any person who violates any provision of this article or any rule adopted 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.
(2)
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.
(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:
(a)
Bring suit to recover the amount of the civil penalty plus costs and attorney fees by action in any court of competent jurisdiction; or
(b)
Refuse to renew any license authorized under this article that was issued to a person who has not paid the civil penalty pursuant to section
35-80-106(4)
.
(4)
Repealed.
L. 94: Entire article added, p. 1309, § 8, effective July 1. L. 2004: (3) amended, p. 1894, § 2, effective June 4. L. 2009: (4) repealed, (SB 09-118), ch. 327, p. 1742, §8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-114 - Criminal penalties

Any person who violates the provisions of section
35-80-108(1)(a), (1)(b), (1)(c), (1)(f), or (1)(m)
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.
L. 94: Entire article added, p. 1309, § 8, effective July 1. L. 2000: Entire section amended, p. 1400, § 10, effective May 30. L. 2002: Entire section amended, p. 1552, § 330, effective October 1.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.