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 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-107 - Local advisory board - formation - duties

(1)
The governing body of each county and municipality shall appoint a local advisory board. The local governing body, at its sole option, may appoint itself, or a commission of landowners, to act as the local advisory board for that jurisdiction. The members of each local advisory board shall be residents of the unincorporated portion of the county or residents of the municipality, as the case may be, and in the case of a county, at least a majority of the members of the local advisory board shall be landowners of over forty acres.
(2)
In the event a county or municipality elects to cooperate with another county or municipality for any of the purposes set forth in this article, the membership of the local advisory board shall be determined by the governing bodies of such cooperating local governments.
(3)
Each local advisory board shall annually elect a chairman and secretary. A majority of the members of the board shall constitute a quorum for the conduct of business.
(4)
Local advisory boards shall have the power and duty to:
(a)
Develop a recommended management plan for the integrated management of designated noxious weeds and recommended management criteria for noxious weeds within the area governed by the local government or governments appointing the local advisory board. The management plan shall be reviewed at regular intervals but not less often than once every three years by the local advisory board. The management plan and any amendments made thereto shall be transmitted to the local governing body for approval, modification, or rejection.
(b)
Declare noxious weeds and any state noxious weeds designated by rule to be subject to integrated management;
(c)
Recommend to the local governing body that identified landowners be required to submit an individual integrated management plan to manage noxious weeds on their property.
(5)
The local governing body shall have the sole and final authority to approve, modify, or reject the management plan, management criteria, management practice, and any other decision or recommendation of the local advisory board.
(6)
The state weed coordinator shall review any recommendations of a local advisory board appointed pursuant to article
5
of this title and note any inconsistencies between the recommendations of the state weed coordinator or the commissioner and any such local advisory board.
L. 90: Entire article added, p. 1552, § 1, effective July 1. L. 96: Entire section amended, p. 768, § 9, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-111 - Cooperation with federal and state agencies

The local governing bodies of all counties and municipalities in this state are hereby authorized to enter into cooperative agreements with federal and state agencies for the integrated management of noxious weeds within their respective territorial jurisdictions.
L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section amended, p. 772, § 13, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-112 - Public rights-of-way - management of noxious weeds - charges

It shall be the duty of each local governing body and each state board, department, or agency to confirm that all public roads, public highways, public rights-of-way, and any easements appurtenant thereto, under the jurisdiction of each such entity, are in compliance with this article, and any violations of this article shall be the financial responsibility of the appropriate local governing body or state board, department, or agency.
L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section amended, p. 772, § 14, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-113 - Public nuisance - abatement

All noxious weeds, at any and all stages, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith may be declared to be a public nuisance by the local governing body having jurisdiction over the lands upon which said noxious weeds are situated. Once declared, such nuisances are subject to all laws and remedies relating to the prevention and abatement of nuisances. The local governing body, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such nuisance as in its discretion appears necessary. The remedies of this section shall be in addition to all other remedies provided by law.
L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section amended, p. 773, § 15, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-114 - [Repealed]

L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section repealed, p. 1218, § 12, effective August 7.
For the legislative declaration contained in the 1996 act repealing 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) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-114.1 - Survey of compliance on federal land

On or before January 1, 1998, the state weed coordinator shall survey those counties that include significant amounts of federal land to determine the level of cooperation and compliance by the federal government with this article.
L. 96: Entire section added, p. 773, § 16, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-115 - Rules

The commissioner shall promulgate rules as necessary to carry out the purposes of this article, which rules shall include a designation of state noxious weeds.
L. 96: Entire section added, p. 773, § 17, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-117 - The state weed coordinator

(1)
There shall be designated in the department of agriculture a state weed coordinator, who shall be under contract with or appointed by the commissioner.
(2)
The state weed coordinator shall:
(a)
Develop a recommended management plan for the integrated management of designated noxious weeds within state-owned lands;
(b)
Facilitate cooperation between federal, state, and local land managers in the formation of a memorandum of understanding;
(c)
Provide guidance and coordination for local governmental weed managers.
L. 96: Entire section added, p. 773, § 17, effective May 23. L. 2005: (1) amended, p. 881, § 1, effective June 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 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-118 - Civil penalties

(1)
(a)
Any person who violates this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined that the person has violated the provision or rule more than once. No civil penalty shall be imposed unless and until the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(b)
In addition to any civil penalties assessed pursuant to paragraph (a) of this subsection (1), any person who violates the provisions of section
35-5.5-104.5
,
35-5.5-108
, or
35-5.5-108.5
, or any rule adopted to implement these sections, shall, upon an order of the commissioner, pay the cost of inspection and eradication of list A or list B noxious weed species, including, but not limited to, any immediate remediation costs, the estimated cost of future eradication, any administrative costs, and any court cost and attorney fees incurred by the commissioner in enforcing section
35-5.5-104.5
,
35-5.5-108
, or
35-5.5-108.5
, or any rule adopted to implement these sections. The commissioner may not enforce such order unless and until the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S. All moneys due and owing pursuant to this paragraph (b) shall be payable to the department for the payment and reimbursement of enforcement and costs associated with such enforcement and are hereby continuously appropriated to the department for such purpose.
(2)
If the commissioner is unable to collect a civil penalty, payment of costs imposed pursuant to subsection (1) of this section, or if the person fails to pay all or a specified portion of such penalty or payment, the department may bring suit in any court of competent jurisdiction to recover such amount plus costs and attorney fees.
(3)
Before imposing any civil penalty or payment of costs, the commissioner may consider the effect of such penalty or payment of costs on the ability of the person charged to stay in business.
(4)
All civil penalties and payment of costs collected pursuant to this section shall be deposited in the noxious weed management fund created in section
35-5.5-116
.
L. 96: Entire section added, p. 773, § 17, effective May 23. L. 2003: Entire section amended, p. 2425, § 5, effective August 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-119 - County funding

The board of county commissioners is authorized to levy a special tax, subject to the approval of the voters, upon every dollar of valuation of assessment of taxable property within the county for the purpose of creating a county fund to control noxious weeds; except that the amount raised from such levy in any one year shall not exceed the amount raised by five mills.
L. 96: Entire section added, p. 773, § 17, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 6 - [Repealed] (§ 35-6-101) › Section 35-6-101 - to 35-6-108 - [Repealed]

L. 85: Entire article repealed, p. 1135, § 15, effective May 16.
This article was numbered as article 11 of chapter 6, C.R.S. 1963.
For current provisions concerning the quarantine and control of pests, see §§35-4-110 and 35-4-110.5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-101 - Legislative declaration

Whereas, in many large areas of this state certain destructive rodent pests, such as jackrabbits, prairie dogs, ground squirrels, pocket gophers, and rats, have become so numerous and such a grave and immediate menace to the agricultural, horticultural, and livestock industries of the state that large numbers of the inhabitants engaged in such industries in the localities so infested are in great and imminent danger of being impoverished and reduced to want by the destruction of their crops; and, whereas, the situation is so serious and the emergency so urgent that public necessity demands that prompt, efficacious, and summary action be taken under the police power of the state to control, suppress, and eradicate the rodents in the areas infested by them; now, therefore, it is declared that in all fields, orchards, places, localities, and areas in the state infested with any such rodents in sufficient numbers as to materially injure agricultural or horticultural crops therein, such infestation is a public nuisance and subject to suppression and abatement as such under the provisions of this part 1.
L. 27: p. 616, § 1. CSA: C. 5, § 44. CRS 53: § 6-7-1. C.R.S. 1963: § 6-7-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-102 - Agreement with the federal government

To the end that the situation may be speedily remedied, it is the duty of the department of agriculture, referred to in this part 1 as the "department", to enter into written agreements on behalf of the state with the federal agency in charge of rodent control matters, referred to in this article as the "federal agency", such agreements to define such procedure, in accordance with the provisions of this part 1, as they deem advisable and proper for the purpose of cooperating with the federal agency in the control and eradication within this state of the rodent pests mentioned in section
35-7-101
.
L. 27: p. 617, § 2. CSA: C. 5, § 45. L. 39: p. 210, § 1. CRS 53: § 6-7-2. C.R.S. 1963: § 6-7-2. L. 2002: Entire section amended, p. 1030, § 58, effective June 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 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-103 - Rodent pest control fund - creation

(1)
For the purpose of carrying out the provisions of this part 1, there is hereby created the rodent pest control fund. To insure continuity of contractual relations with the federal agency, said fund shall be permanent, and the same, together with all appropriations and all reimbursements or accretions thereto, from whatever source derived, is appropriated to carry out the purposes of this part 1.
(2)
All disbursements from the fund shall be by warrants drawn by the controller upon itemized vouchers certified by the federal agency as to correctness and approved by the department which shall approve the vouchers for all lawful expenses incurred in carrying out the purposes of this part 1 and in accordance with the terms of any cooperative agreements entered into by the department with the federal agency.
L. 27: p. 617, § 3. L. 31: p. 708, § 1. CSA: C. 5, § 46. L. 39: p. 210, § 2. CRS 53: § 6-7-3. C.R.S. 1963: § 6-7-3. L. 2002: Entire section amended, p. 1030, § 59, effective June 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 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-104 - Cooperative agreements

Operations under the provisions of this part 1 for the control and eradication of rodent pests shall be in accordance with the approved procedure of the federal agency and in accordance with the terms of such agreements as shall be entered into by the department and the federal agency. To enable the department to carry out any such agreement or to perform the duties devolved upon the department in carrying out the purpose of this part 1, the department is authorized to enlist and pay the necessary expenses of volunteer agents and to employ and pay the salary and necessary expenses of such other agents as may be required to act in their behalf. To further enlarge and accelerate operation for the control of such rodent pests, the department, acting in conjunction with the federal agency, may enter into cooperative agreements with boards of county commissioners or with associations, corporations, or individuals owning land subject to or menaced by such infestations.
L. 27: p. 618, § 4. CSA: C. 5, § 47. CRS 53: § 6-7-4. C.R.S. 1963: § 6-7-4. L. 2002: Entire section amended, p. 1030, § 60, effective June 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 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-105 - Boundaries of infested areas defined

For the purpose of carrying out this part 1, the respective boards of county commissioners have the power to define the boundaries of such rodent-infested areas within their jurisdictions and to put into operation such cooperative agreements for such areas in the manner as in their discretion may be deemed advisable.
L. 31: p. 709, § 2. CSA: C. 5, § 48. CRS 53: § 6-7-5. C.R.S. 1963: § 6-7-5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-106 - Government lands

On lands which are a part of any national forest, Indian reservation, or other national reserve or public domain of the United States, or of any state reservation, or of any unoccupied or leased state lands, the control of such rodent pests shall be carried on so far as possible at the expense of the federal government on federal lands and at the expense of the state government on unoccupied or leased state lands with such cooperation with occupants, lessees, licensees, or adjacent landowners as may be available.
L. 27: p. 618, § 5. CSA: C. 5, § 49. CRS 53: § 6-7-6. C.R.S. 1963: § 6-7-6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-107 - Land under contract of purchase

On state land sold under contract of purchase whereunder patent has not been issued, the control shall be prosecuted, so far as possible, on a cooperative basis, pursuant to such terms as may be agreed upon with the contract holder.
L. 27: p. 619, § 6. CSA: C. 5, § 50. CRS 53: § 6-7-7. C.R.S. 1963: § 6-7-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-108 - Private lands

Upon privately owned lands, the control of rodent pests under this part 1 shall, so far as possible, be based on voluntary cooperation of owners, lessees, or occupants. If a private landowner enters into a cooperative agreement with the county pursuant to which the county agrees to control rodent pests on the landowner's real property, the private landowner shall reimburse the county for actual expenses incurred by the county in connection with such rodent pests control operations.
L. 27: p. 619, § 7. CSA: C. 5, § 51. CRS 53: § 6-7-8. C.R.S. 1963: § 6-7-8. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 48, §1, effective August 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-109 - Agreements with landowners

Owners of private lands may arrange, under written cooperative agreements with the department and the federal agency in charge of operations, for the control and eradication of rodent pests on their lands.
L. 27: p. 619, § 8. CSA: C. 5, § 52. CRS 53: § 6-7-9. C.R.S. 1963: § 6-7-9. L. 2002: Entire section amended, p. 1030, § 61, effective June 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 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-110 - State reimbursed for actual cost

All poisons or other materials for such control furnished by the state to such cooperators shall be supplied at actual cost, and the state shall be reimbursed by such cooperators, landowners, lessees, or contract holders for the actual cost of materials and labor, other than supervision, expended by the state in such treatment under cooperative agreements with them. Such reimbursement shall be made by each owner, lessee, or contract holder in the proportion that the number of acres of land treated for him or her bears to the total acreage treated in the area designated for treatment or according to such equitable proportion or plan as shall be provided for in the agreement. Any such agreement shall require full reimbursement to be made to the state within thirty days after presentation by the department, or its agents, of an itemized account therefor.
L. 27: p. 619, § 9. CSA: C. 5, § 53. CRS 53: § 6-7-10. C.R.S. 1963: § 6-7-10. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 48, §2, effective August 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-111 - County to appropriate funds

It is the duty of boards of county commissioners in all counties where any such infestation exists or is imminent to appropriate from the general fund such money as may be necessary to carry out the provisions of this part 1 within their respective counties. In counties where pest control districts have been created, or are about to be created, it is the duty of the board of county commissioners to appropriate from the county general fund such money as shall be necessary to establish and maintain a fund for the payment of all accounts charged or chargeable against them under the terms of this part 1.
L. 29: p. 566, § 2. CSA: C. 5, § 54. L. 51: p. 296, § 8. CRS 53: § 6-7-11. C.R.S. 1963: § 6-7-11.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-112 - Eradication contracts required - procedure without contracts

(1)
In case a majority of resident landowners in a prescribed district have signed a cooperative agreement to destroy rodents on their lands, public notice may be given by publication by the boards of county commissioners wherein the lands are located at least once in a newspaper of general circulation in the counties affected to the effect that lands within the boundaries of such prescribed area, lying in one or more counties, are infested by said pests, or some kind thereof, in such numbers that in the opinion of the said department the same are liable to materially injure and imperil agricultural or horticultural crops within such area, and that such lands are about to be treated, under the provisions of this part 1, for the control and eradication of the pests. If, within thirty days after the publication of such notice, any owner of lands infested by the pests within the prescribed area fails to destroy the same, or to enter into a cooperative agreement for their control or eradication, then, at the time operations are instituted on such lands, it is the duty of the department, or its agents, to enter upon the lands and to destroy the pests thereon at the expense of the owner of such lands.
(2)
If the owner, after ten days' written notice to him in person or by mail to his last known post office address, fails, neglects, or refuses to reimburse the department, or its agents, in the amount of such expenses, the department shall certify an itemized statement thereof, together with a description of such lands sufficient to identify the same to the board of county commissioners of the county wherein the same is situated. Thereupon, such an account shall be audited, allowed, and paid in like manner as provided in section
35-7-110
. Public notices in this section provided for shall designate as accurately as may be the boundaries of the area to be treated; shall make specific reference to this statute and shall call upon all owners, known or unknown, of lands within the prescribed area to proceed at once to destroy the pests mentioned in such notice or to enter into cooperative agreements for their control or eradication; and shall designate reasonable times and places within or near such area where and when the federal agency, or other agents, and the department, or its agents, will be present for the purpose of entering into such cooperative agreements and proceeding with their execution.
L. 27: p. 620, § 11. L. 31: p. 709, § 3. CSA: C. 5, § 55. CRS 53: § 6-7-12. C.R.S. 1963: § 6-7-12. L. 2002: (2) amended, p. 1031, § 62, effective June 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 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-113 - Itemized accounts

The department shall keep itemized accounts of the actual expenses of materials and labor in connection with the control and eradication of rodent pests, whether such work is done under cooperative agreements with owners, lessees, or contract holders or otherwise.
L. 27: p. 622, § 12. CSA: C. 5, § 56. CRS 53: § 6-7-13. C.R.S. 1963: § 6-7-13.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-114 - Charges against landowner - lien rights

Whenever any county has been required to pay any expense charged against any landowners, under a cooperative agreement or otherwise, on account of such pest control operations conducted upon or for the benefit of his or her lands, such county shall have a lien upon such lands for the amount so paid or for such lesser amount as such landowner shall be adjudged to pay after a hearing before the board of county commissioners.
L. 27: p. 622, § 13. CSA: C. 5, § 57. CRS 53: § 6-7-14. C.R.S. 1963: § 6-7-14. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 49, §3, effective August 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-115 - Enforcing collection - hearing

Upon payment by any county of any such bill of expenses so charged against any landowner, lessee, or contract holder, the board of county commissioners shall make demand and notice in writing, upon such landowner, lessee, or contract holder, in person or by mail addressed to him or her at his or her last known place of residence twenty days prior to the published meeting date, for reimbursement to the county in the amount of such expenses. Such written notice shall inform such person that he or she may appear before the board on the published meeting date and be heard as to the amount and accuracy of the claim. If such claim, as originally demanded by the board or as adjusted upon the hearing, is not paid, then, in the case of a private landowner, the board of county commissioners shall certify the claim to the county assessor who shall add the amount thereof to any taxes due or to become due upon his or her lands, and said lands shall be sold for the satisfaction thereof at the same time and in the same manner as is provided by law for the sale of real estate for delinquent taxes. In cases where such accounts are payable by a lessee or contract holder, suit may be maintained in behalf of the county in any court of competent jurisdiction for the recovery of such accounts and costs of suit. All such accounts when collected by the county shall be paid into the general fund thereof or into the fund used by the county to meet its obligations under this part 1.
L. 31: p. 711, § 4. CSA: C. 5, § 58. CRS 53: § 6-7-15. C.R.S. 1963: § 6-7-15. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 49, §4, effective August 10.
For the sale of real estate for delinquent taxes, see article 11 of title 39.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-116 - Collections paid to treasurer

All reimbursements to the state, whether made by individuals, counties, or other cooperators pursuant to this part 1, shall be turned over to the state treasurer and by him credited to the rodent pest control fund referred to in section
35-7-103
.
L. 27: p. 623, § 15. CSA: C. 5, § 59. L. 39: p. 211, § 3. CRS 53: § 6-7-16. C.R.S. 1963: § 6-7-16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 1 - RODENT CONTROL (§§ 35-7-101 — 35-7-117) › Section 35-7-117 - Record of poison purchased

The department, when acting in cooperation with the federal agency in rodent control operations through its officers, members, or authorized agents, may purchase and sell to landowners, lessees, contract holders, boards of county commissioners, and other cooperators strychnine and other poisons and supplies for rodent control. The department or its agents shall make and keep a record of all such sales made by showing the name and address of purchaser, date of purchase, and kind and amount of poison or rodent supplies purchased.
L. 27: p. 623, § 16. CSA: C. 5, § 60. L. 39: p. 211, § 4. CRS 53: § 6-7-17. C.R.S. 1963: § 6-7-17. L. 2002: Entire section amended, p. 1031, § 63, effective June 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 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 2 - RODENTS AND PREDATORY ANIMALS (§§ 35-7-201 — 35-7-203) › Section 35-7-201 - Control and eradication of rodents

(1)
The boards of county commissioners of the several counties of this state are authorized to purchase materials and equipment and to employ one or more suitable persons to destroy jackrabbits, prairie dogs, ground squirrels, or other injurious rodents within the limits of their respective counties. Any materials and equipment so purchased and compensation for such services shall be paid out of the general fund or a specially designated fund of such county.
(2)
The boards of county commissioners of the several counties of this state are authorized to levy such taxes as are necessary to pay the obligations for rodent control work as authorized under this section and to put into operation any plan of procedure for the eradication of such rodent pests within their jurisdictions as in their discretion is deemed advisable; except that control operations under the provisions of this section shall be in accordance with the approved procedure of the federal agency. The boards of county commissioners may solicit cooperation from the state board of stock inspection commissioners and the federal agency for the conduct of such rodent control work and may enter into cooperative agreements with the board of stock inspection commissioners and the federal agency for the furtherance of the rodent control work authorized under this section.
L. 37: p. 1073, §§ 1, 2. CSA: C. 45, § 38(1). CRS 53: § 36-13-1. C.R.S. 1963: § 36-13-1. L. 2002: (2) amended, p. 1031, § 64, effective June 1. L. 2011: (1) amended, (HB 11-1087), ch. 19, p. 49, §5, effective August 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 2 - RODENTS AND PREDATORY ANIMALS (§§ 35-7-201 — 35-7-203) › Section 35-7-202 - Control and eradication of predatory animals

(1)
The boards of county commissioners of the several counties of the state are authorized to purchase materials and equipment and to employ one or more suitable persons to control coyotes or other injurious predatory animals within the limits of their respective counties. Any materials and equipment so purchased and compensation for such services shall be paid out of the general fund or a specially designated fund of such county.
(2)
The boards of county commissioners of the several counties of the state are authorized to levy such taxes as are necessary to pay the obligations for such predatory animal control work as authorized by this section and to put into operation any plan of procedure for the eradication of such predatory animals within their jurisdictions as in their discretion is deemed advisable.
(3)
Control operations under the provisions of this section shall be in accordance with the approved procedure of the federal agency. The boards of county commissioners may solicit cooperation from the state board of stock inspection commissioners and the federal agency for the conduct of such predatory animal control work and may enter into cooperative agreements with the state board of stock inspection commissioners and the federal agency for the furtherance of the predatory animal control work authorized under this section.
L. 47: p. 369, §§ 1, 2. CSA: C. 45, § 38(2). CRS 53: § 36-13-2. C.R.S. 1963: § 36-13-2. L. 2000: (1) amended, p. 1395, § 2, effective July 1. L. 2002: (3) amended, p. 1031, § 65, effective June 1.
For control of predatory animals generally, see article 40 of this title.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 7 - RODENTS AND PREDATORY ANIMALS - CONTROL (§§ 35-7-101 — 35-7-203) › Part 2 - RODENTS AND PREDATORY ANIMALS (§§ 35-7-201 — 35-7-203) › Section 35-7-203 - Release of destructive rodent pests - definitions

(1)
No person shall release destructive rodent pests into a county unless the person complies with all requirements for such release imposed by the parks and wildlife commission and obtains both the prior approval of the commission and the prior approval, by resolution duly adopted, of the board of county commissioners of such county. A person need not obtain such prior approval before:
(a)
Transporting destructive rodent pests through a county without releasing such destructive rodent pests; or
(b)
Confining destructive rodent pests indoors or in cages or similar enclosures and using such destructive rodent pests for scientific purposes or as food for human or animal consumption; or
(c)
Keeping destructive rodent pests indoors or in cages or similar enclosures as pets; or
(d)
Releasing destructive rodent pests into the county in which such destructive rodent pests were originally taken into captivity.
(2)
For purposes of this section, "destructive rodent pests" means one or more rodents, including but not limited to prairie dogs, ground squirrels, pocket gophers, jackrabbits, and rats, that pose a threat to agricultural, horticultural, or livestock concerns or to human health.
(3)
The board of county commissioners of any county into which a person releases destructive rodent pests without the prior approval of such board may, at its discretion:
(a)
Require the person who released the destructive rodent pests to eradicate the destructive rodent pests or remove the destructive rodent pests from the county; or
(b)
Impose a fine upon the person who released the destructive rodent pests in an amount sufficient to compensate the county for the cost of eradicating the destructive rodent pests or removing the destructive rodent pests from the county.
L. 99: Entire section added, p. 155, § 1, effective March 25. L. 2012: IP(1) amended, (HB 12-1317), ch. 248, p. 1236, § 93, effective June 4.
For the parks and wildlife commission, see § 33-9-101.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 8 - [Repealed] (§ 35-8-101) › Section 35-8-101 - to 35-8-107 - [Repealed]

L. 77: Entire article repealed, p. 293, § 10, effective May 26.
This article was numbered as article 9 of chapter 6, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-101 - Short title

This article shall be known and may be cited as the "Pesticide Act".
L. 90: Entire article R&RE, p. 1559, § 1, effective June 7.
This section is similar to former § 35-9-101 as it 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 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-102 - Legislative declaration

The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly further finds and declares that it is the intent of this article to assure the dissemination of accurate information regarding the proper and prohibited uses of any pesticide or device. The provisions of this article are enacted to protect the public health, safety, and welfare of the people of this state.
L. 90: Entire article R&RE, p. 1559, § 1, effective June 7. L. 2010: Entire section amended, (SB 10-034), ch. 376, p. 1766, §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 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-104 - Exemptions

(1)
The provisions of this article shall not apply to:
(a)
Any carrier while lawfully engaged in transporting a pesticide or device within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the transactions regarding and the movement of the pesticide or device;
(b)
Public officials of this state and the federal government engaged in the performance of their official duties except as specifically required by this article; or
(c)
The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of any agency of this state or of the federal government authorized by law to conduct research in the field of pesticides.
(2)
No pesticide or device shall be deemed in violation of this article when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all provisions of this article shall apply.
L. 90: Entire article R&RE, p. 1561, § 1, effective June 7.
This section is similar to former § 35-9-108 as it 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 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-105 - Exclusive jurisdiction

Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture.
L. 90: Entire article R&RE, p. 1561, § 1, effective June 7. L. 2010: Entire section amended, (SB 10-034), ch. 376, p. 1767, §3, effective July 1.
This section is similar to former § 35-9-113 as it 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 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-106 - Pesticide registration required - exemptions

(1)
Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article.
(2)
The commissioner may exempt certain pesticides from the registration requirement consistent with the "Federal Insecticide, Fungicide, and Rodenticide Act",
7 U.S.C. sec. 136
et seq., as amended, and rules promulgated by the EPA under the "Federal Insecticide, Fungicide, and Rodenticide Act".
L. 90: Entire article R&RE, p. 1561, § 1, effective June 7. L. 2010: Entire section amended, (SB 10-034), ch. 376, p. 1767, §4, effective July 1.
This section is similar to former § 35-9-104 as it 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 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-107 - Pesticide registration - application - fees - expiration - rules

(1)
Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate:
(a)
The name and address of the applicant and, if it is different, the name and address of the person whose name will appear on the pesticide label;
(b)
The name of the pesticide;
(c)
A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for its use, including directions and precautions for use;
(d)
A complete statement of each active ingredient and its percentage of the whole and, if requested by the commissioner, each inert ingredient and its percentage of the whole, which inert ingredient information shall be kept confidential as provided in section
35-9-109
;
(e)
If requested by the commissioner, a full description of all tests made and the results thereof, including, but not limited to, efficacy and hazard data upon which the claims are based;
(f)
If requested by the commissioner, analytical standards and methods of analysis for each formulation of said pesticide and analytical methods for determining any residues of said pesticide at levels suspected harmful to plants, animals, or the environment; and
(g)
Any other information required by the commissioner.
(2)
Each applicant shall pay, at the time the application is submitted, an annual application fee in an amount to be determined by the commissioner.
(3)
Repealed.
(4)
(a)
Repealed.
(b)
On and after January 1, 2011, registration of a pesticide shall expire each year on a date specified by the commissioner by rule.
L. 90: Entire article R&RE, p. 1561, § 1, effective June 7. L. 2010: IP(1), (1)(d), and (4) amended and (3) repealed, (SB 10-034), ch. 376, p. 1767, §§ 5, 6, effective July 1.
(1) This section is similar to former § 35-9-104 as it existed prior to 1990.
(2) Subsection (4)(a)(II) provided for the repeal of subsection (4)(a), effective January 1, 2011. (See L. 2010, p. 1767.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-109 - Confidentiality of inert ingredients

(1)
Except as provided by this section, no inert ingredient information required by section
35-9-107 (1)(d)
shall be released to any person by the commissioner.
(2)
A registrant may authorize the commissioner to disclose any inert ingredient information required by section
35-9-107
by filing a signed authorization for release of information with the commissioner.
(3)
When a treating physician or the poison control service provider selected pursuant to section
25-32-105
, C.R.S., determines that a medical emergency exists and information submitted to the commissioner concerning inert ingredients pursuant to section
35-9-107 (1)(d)
is necessary for emergency or first-aid treatment, the commissioner may immediately disclose the information necessary to that treating physician or to such poison control service provider. The commissioner shall require such treating physician or such poison control service provider to submit to the commissioner a statement of need for the information and a confidentiality agreement, in the form and manner the commissioner shall designate, as soon as circumstances permit.
(4)
If the treating physician or the poison control service provider, after receiving confidential information regarding a pesticide, determines that there is a need to disclose the information to another health professional, including a physician or a toxicologist, due to an immediate health emergency, whether public or individual, the treating physician or the poison control service provider shall so inform the commissioner. The commissioner shall require confidentiality from any such health professional to whom the confidential information is disclosed.
L. 90: Entire article R&RE, p. 1563, § 1, effective June 7. L. 94: (3) and (4) amended, p. 1669, § 5, effective 7/1/1995. L. 2003: (3) amended, p. 2001, § 62, effective May 22. L. 2010: (1), (2), and (3) amended, (SB 10 -034), ch. 376, p. 1768, § 7, effective July 1.
This section is similar to former § 35-9-104 as it 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 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-110 - Device registration - required

(1)
Every device which is sold in this state and which is subject to the provisions of this article shall be registered with the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.
(2)
The commissioner shall designate the classes of devices which are subject to this article.
L. 90: Entire article R&RE, p. 1563, § 1, effective June 7.
This section is similar to former § 35-9-104 as it existed prior to 1990.