reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-115 - Liability

The state assumes no liability for persons who misrepresent any agricultural product under the authority of this article.
L. 89: Entire article added, p. 1381, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-116 - Accreditation

The commissioner shall seek accreditation from the secretary and shall create and submit a plan for the establishment of a state organic certification program to the secretary for approval pursuant to
7 U.S.C. sec. 6507
.
L. 2002: Entire section added, p. 1117, § 15, effective June 3.
For the legislative intent contained in the 2002 act enacting this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ORGANICALLY GROWN PRODUCTS (§§ 35-11.5-101 — 35-11.5-117) › Article 11.5 - ORGANIC CERTIFICATION ACT (§§ 35-11.5-101 — 35-11.5-117) › Section 35-11.5-117 - Conflict with federal law

If the secretary or a court of competent jurisdiction determines that there is a conflict between this article and any provisions of the federal "Organic Foods Production Act of 1990",
7 U.S.C. sec. 6501
et seq. or
7 CFR 205
, the provisions of the federal act and rules shall control, and the commissioner shall perform the duties and discharge the obligations contained in the federal act. If such a determination is made, the commissioner shall submit a report to the general assembly explaining the conflict.
L. 2002: Entire section added, p. 1117, § 15, effective June 3.
For the legislative intent contained in the 2002 act enacting this section, see section 1 of chapter 285, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-101 - Short title

This article shall be known and may be cited as the "Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act".
L. 71: R&RE, p. 133, § 1. C.R.S. 1963: § 6-13-1. L. 77: Entire section amended, p. 1581, § 1, effective July 1. L. 2008: Entire article amended, p. 1608, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-102 - Administration of article

This article shall be administered by the commissioner of agriculture or the commissioner's duly authorized representatives.
L. 71: R&RE, p. 133, § 1. C.R.S. 1963: § 6-13-2. L. 2008: Entire article amended, p. 1608, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-107 - [Repealed]

L. 71: R&RE, p. 138, § 1. C.R.S. 1963: § 6-13-7. L. 77: IP(1) and (1)(b) amended and (3) added, p. 1589, § 6, effective July 1. L. 96: Entire section repealed, p. 103, § 5, effective March 20. L. 2008: Entire article amended, p. 1619, § 1, effective August 5.
Although this section was repealed in 1996, it was contained in a 2008 act that amended this entire article.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-108 - Inspection, sampling, and analysis

(1)
The commissioner shall sample, inspect, make analyses of, and test commercial fertilizers, soil conditioners, plant amendments, and compost distributed within this state at such time and place and to such an extent as the commissioner deems advisable to determine whether such products are in compliance with the provisions of this article. The commissioner is authorized to enter upon any public or private premises or carriers during regular business hours in order to access commercial fertilizers, soil conditioners, plant amendments, and compost subject to the provisions of this article and the rules adopted pursuant to this article.
(2)
The methods of analysis and sampling shall be those adopted by the commissioner from sources including the association of official analytical chemists international or a successor organization, Colorado state university, or other authoritative sources deemed reliable by the commissioner.
(3)
The commissioner, in determining whether any commercial fertilizer, soil conditioner, plant amendment, or compost violates this article, shall base such determination solely upon official samples obtained and analyzed in accordance with subsections (1) and (2) of this section.
(4)
The result of an analysis of a sample of any commercial fertilizer, soil conditioner, plant amendment, or compost that indicates a deficiency shall be forwarded promptly to the registrant. Upon request within thirty days after the date the analysis report is forwarded, the commissioner shall furnish to the registrant a portion of any official sample. If, within forty-five days after forwarding of the analysis report indicating a deficiency, no adequate evidence contradicting the analysis report is made available to the commissioner, the report of the sample analysis shall become official.
L. 71: R&RE, p. 139, § 1. C.R.S. 1963: § 6-13-8. L. 77: Entire section amended, p. 1590, § 7, effective July 1. L. 2008: Entire article amended, p. 1619, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-109 - Deviation from guaranteed analysis - penalties. (Deleted by amendment, L. 2008.)

L. 71: R&RE, p. 139, § 1. C.R.S. 1963: § 6-13-9. L. 77: (2) and (3) amended, p. 1590, § 8, effective July 1. L. 96: (1) amended, p. 103, § 6, effective March 20. L. 2008: Entire article amended, p. 1619, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-110 - Commercial value. (Deleted by amendment, L. 2008.)

L. 71: R&RE, p. 140, § 1. C.R.S. 1963: § 6-13-10. L. 77: Entire section amended, p. 1591, § 9, effective July 1. L. 2008: Entire article amended, p. 1620, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-111 - Misbranding

(1)
No person shall distribute a misbranded product. A commercial fertilizer, soil conditioner, plant amendment, or compost is misbranded:
(a)
If its labeling is false or misleading in any particular;
(b)
If it is distributed under the name of another product;
(c)
If it is not labeled as required in section
35-12-105
and in accordance with rules prescribed under this article;
(d)
(I)
If it purports to be, is represented as, or is represented as containing a commercial fertilizer, soil conditioner, plant amendment, or compost, unless the plant nutrient, commercial fertilizer, soil conditioner, plant amendment, or compost conforms to the definitions of terms prescribed by this article or under the rules promulgated by the commissioner.
(II)
In the adoption of such rules, the commissioner shall give due regard to commonly accepted definitions and official terms such as those issued by the association of American plant food control officials or a successor organization.
(e)
If it does not conform to the ingredient form, availability, minimums, labeling, and investigational allowances set forth in the rules promulgated by the commissioner.
L. 71: R&RE, p. 140, § 1. C.R.S. 1963: § 6-13-11. L. 77: Entire section R&RE, p. 1591, § 10, effective July 1. L. 2008: Entire article amended, p. 1620, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-112 - Adulteration

(1)
No person shall distribute an adulterated product. A commercial fertilizer, soil conditioner, plant amendment, or compost is deemed adulterated:
(a)
If it contains any deleterious or harmful substance in sufficient amount to render it injurious to human health or beneficial plant, animal, or aquatic life, when applied in accordance with directions for use on the label or normal application practices, or if adequate warning statements or directions for use, which may be necessary to protect human health or beneficial plant, animal, or aquatic life, are not shown on the label;
(b)
If its composition falls below or differs from that which it is purported to possess by its labeling;
(c)
If it contains unwanted crop seed or weed seed;
(d)
If the concentration of any metal in the product exceeds the level established for that constituent by rule of the commissioner; or
(e)
If it contains an infectious agent in sufficient amount to render it injurious to human health or beneficial plant, animal, or aquatic life.
L. 71: R&RE, p. 140, § 1. C.R.S. 1963: § 6-13-12. L. 77: IP(1) and (1)(a) amended, p. 1592, § 11, effective July 1. L. 2008: Entire article amended, p. 1621, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-113 - Publications

The commissioner shall publish at least annually, in such form as the commissioner deems proper, information concerning the sales of commercial fertilizers, soil conditioners, and plant amendments, together with such data on their production and use as the commissioner considers advisable, and a report of the results of the analyses based on official samples of commercial fertilizers, soil conditioners, and plant amendments sold within the state as compared with the analyses guaranteed under sections
35-12-103(14)
,
35-12-104
, and
35-12-105
. Information concerning the sale, production, and use of commercial fertilizers, soil conditioners, and plant amendments shall not identify or otherwise disclose the operations of any person.
L. 71: R&RE, p. 140, § 1. C.R.S. 1963: § 6-13-13. L. 77: Entire section amended, p. 1592, § 12, effective July 1. L. 2008: Entire article amended, p. 1621, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-114 - Rules

The commissioner is authorized, pursuant to section
24-4-103
, C.R.S., to adopt and enforce rules to implement, administer, and enforce this article. The rules shall include, but are not limited to, rules relating to sampling, analytical methods, ingredient form, availability, minimums, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling, commercial fertilizers, specialty fertilizers, soil conditioners, plant amendments, and compost, as may be necessary to carry into effect the full intent and meaning of this article. The commissioner shall not adopt any rule that is inconsistent with a rule promulgated by a state entity for any substance governed by this article.
L. 71: R&RE, p. 141, § 1. C.R.S. 1963: § 6-13-14. L. 77: Entire section amended, p. 1592, § 13, effective July 1. L. 2008: Entire article amended, p. 1621, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-115 - Investigations - access - subpoena

(1)
The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article.
(2)
(a)
At any time during regular business hours, for the purpose of carrying out any provision of this article or any rule made pursuant to this article, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:
(I)
To all buildings, yards, warehouses, storage facilities, vehicles, and any other public or private properties, premises, or carriers in which any commercial fertilizer, soil conditioner, plant amendment, or compost is kept, stored, handled, processed, distributed, or transported;
(II)
To all business records related to the production or distribution of any commercial fertilizer, soil conditioner, plant amendment, or compost, including but not limited to any records required to be kept by this article or any rule promulgated pursuant to this article. The commissioner may also make copies of such records.
(b)
The commissioner shall have full authority to administer oaths and take statements; to issue administrative subpoenas requiring the attendance of witnesses before the commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and to compel the disclosure by witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
(3)
Complaints of record made to the commissioner and the results of the investigations of the commissioner may, in the discretion of the commissioner, be closed to public inspection, except as permitted by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served. Any action taken by the commissioner shall be a public record as defined in section
24-72-202
, C.R.S.
L. 71: R&RE, p. 141, § 1. C.R.S. 1963: § 6-13-15. L. 77: Entire section amended, p. 1592, § 14, effective July 1. L. 2008: Entire article amended, p. 1622, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-116 - Cancellation of registration or refusal to register

(1)
The commissioner may revoke or suspend the registration of or may refuse to register any commercial fertilizer, soil conditioner, or plant amendment upon a finding supported by satisfactory evidence that the registrant or person applying for registration has violated any provision of this article or any rule adopted pursuant to this article. No registration shall be refused, suspended, or revoked until the registrant has been given the notice and opportunity of a hearing required by article
4
of title
24
, C.R.S.
(2)
The commissioner may revoke or suspend the registration of or may refuse to register any manufacturing facility required to be registered under section
35-12-104(7) or (8)
upon a finding that the registrant or person applying for registration has submitted false information to the commissioner or has violated any provision of this article or any rule adopted pursuant to this article. No registration shall be refused, suspended, or revoked until the registrant has been given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
L. 71: R&RE, p. 141, § 1. C.R.S. 1963: § 6-13-16. L. 77: Entire section amended, p. 1593, § 15, effective July 1. L. 2008: Entire article amended, p. 1623, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-117 - Stop distribution, stop use, or removal orders

(1)
The commissioner may issue and enforce a written or printed stop distribution, stop use, or removal order directed to the owner or custodian of any lot of commercial fertilizer, soil conditioner, plant amendment, or compost when the commissioner finds the commercial fertilizer, soil conditioner, plant amendment, or compost is being distributed or used in violation of any of the provisions of this article. The commissioner shall release the commercial fertilizer, soil conditioner, plant amendment, or compost peat moss, or peat humus from the order when the owner or custodian has complied with requirements of this article and has paid all costs and expenses incurred in connection with the entry and enforcement of such order. Any person who has received a stop distribution, stop use, or removal order may request a hearing, pursuant to article
4
of title
24
, C.R.S., to determine whether the violation occurred.
(2)
In the event that a person fails to comply with a stop distribution, stop use, or removal order within twenty-four hours after the issuance of the order, the commissioner may bring suit for a temporary restraining order and injunctive relief in order to prevent any further or continued violation of such order.
(3)
Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.
(4)
Whenever the commissioner possesses evidence satisfactory to the commissioner that a person has engaged or is about to engage in a violation of this article or rules adopted pursuant to this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article and rules adopted pursuant to 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. 71: R&RE, p. 141, § 1. C.R.S. 1963: § 6-13-17. L. 77: Entire section amended, p. 1593, § 16, effective July 1. L. 2008: Entire article amended, p. 1623, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-118 - Seizure, condemnation, and sale

Any lot of commercial fertilizer, soil conditioner, plant amendment, or compost that is in violation of this article shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the county in which the product is located. In the event the court finds the product to be in violation of this article and orders the condemnation of the product, it shall be disposed of in any manner consistent with the quality of the product and the laws of this state. In no instance shall the disposition of the commercial fertilizer, soil conditioner, plant amendment, or compost be ordered by the court without first affording the owner an opportunity to apply to the court for release of the product or for permission to process or relabel the product to bring it into compliance with this article.
L. 71: R&RE, p. 141, § 1. C.R.S. 1963: § 6-13-18. L. 77: Entire section amended, p. 1593, § 17, effective July 1. L. 2008: Entire article amended, p. 1624, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-119 - 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. Each day the violation occurs shall constitute a separate 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 recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(4)
Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
L. 71: R&RE, p. 141, § 1. C.R.S. 1963: § 6-13-19. L. 2008: Entire article amended, p. 1624, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 12 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS (§§ 35-12-101 — 35-12-120) › Section 35-12-120 - Exchange between manufacturers. (Deleted by amendment, L. 2008.)

L. 71: R&RE, p. 142, § 1. C.R.S. 1963: § 6-13-20. L. 77: Entire section amended, p. 1594, § 18, effective July 1. L. 2008: Entire article amended, p. 1625, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-101 - Legislative declaration

(1)
This is an article to prescribe uniform regulations in this state for safety in the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank or tank trailer, and utilizing anhydrous ammonia as an agricultural fertilizer; and to provide for the enjoining or abatement of violations of regulations issued under this article; and to prohibit the refilling or use of such containers without authorization by the owner thereof; and to prohibit the adoption by municipalities or other political subdivisions of ordinances or regulations in conflict with this article.
(2)
The general assembly hereby declares that any violation of this article or rules promulgated pursuant to this article shall constitute a substantial danger to public health and safety.
L. 67: p. 325, § 1. C.R.S. 1963: § 6-17-1. L. 2008: Entire section amended, p. 633, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Anhydrous ammonia" means the compound formed by the combination of the two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume in compressed and liquefied form.
(2)
"Commissioner" means the commissioner of agriculture.
L. 67: p. 325, § 2. C.R.S. 1963: § 6-17-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-103 - Commissioner to promulgate rules

The commissioner shall, in addition to other relevant criteria, use as a guide to make, promulgate, and enforce rules setting forth minimum general safety standards covering the design, construction, location, installation, and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of anhydrous ammonia fertilizer such standards as provided in American national standards institute standard K61.1-1999, or subsequent revisions thereof. Said rules shall be as are reasonably necessary for the protection of the safety of the public and persons using such materials and shall be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. Such rules shall be adopted by the commissioner only after a public hearing thereon.
L. 67: p. 325, § 3. C.R.S. 1963: § 6-17-3. L. 2003: Entire section amended, p. 1726, § 7, effective May 14.
For rule-making procedures, see article 4 of title 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-104 - Condition of equipment

All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations adopted under section
35-13-103
.
L. 67: p. 326, § 4. C.R.S. 1963: § 6-17-4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-105 - Restriction of use of containers

(1)
No person, firm, or corporation, other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver, or permit to be delivered, or use in any manner any anhydrous ammonia storage tank, mobile transportation tank, or tank-mounted applicator for any other purpose whatsoever.
(2)
No person shall fill, refill, deliver, or permit to be delivered any anhydrous ammonia storage tank, mobile transportation tank, or tank-mounted applicator that has not been registered in compliance with the provisions of this article and rules promulgated pursuant to this article.
L. 67: p. 326, § 5. C.R.S. 1963: § 6-17-5. L. 2003: Entire section amended, p. 2387, § 4, effective 7/1/2004. L. 2008: Entire section amended, p. 633, § 2, effective August 5.
For the legislative declaration contained in the 2003 act amending this section, see section 1 of chapter 360, Session Laws of Colorado 2003.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-106 - Effect of rules and regulations - prohibitions

The rules and regulations promulgated pursuant to this article shall have uniform force and effect throughout the state, and no municipality or other political subdivision shall enact or enforce any ordinances, rules, or regulations which do not meet the rules and regulations promulgated pursuant to this article; except that home rule cities enforcing ordinances, rules, and regulations equal to or more stringent than those prescribed under this article may continue to perform such functions.
L. 67: p. 326, § 6. C.R.S. 1963: § 6-17-6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-108 - Civil penalties

(1)
(a)
The commissioner may impose a civil penalty on any person who violates any provision of this article or any rule adopted under this article or under section
35-1-107(5)
. Such penalty shall not exceed seven hundred fifty dollars per day per violation.
(b)
Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.
(2)
The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to the "State Administrative Procedure Act", article
4
of title
24
, C.R.S.
(3)
If the commissioner is unable to collect, or if any person fails to pay, all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction.
(4)
All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section
35-1-106.5
.
L. 67: p. 326, § 8. C.R.S. 1963: § 6-17-8. L. 2003: Entire section amended, p. 1727, § 9, effective May 14. L. 2005: (4) amended, p. 1270, § 8, effective July 1. L. 2007: (4) amended, p. 1904, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FERTILIZERS (§§ 35-12-101 — 35-13-109) › Article 13 - ANHYDROUS AMMONIA (§§ 35-13-101 — 35-13-109) › Section 35-13-109 - Registration - application - fees

(1)
On or before the date specified by rule of the commissioner each year, every person who owns one or more anhydrous ammonia storage tanks, mobile transportation tanks, or tank-mounted applicators within this state shall register each of such tanks or applicators with the department and shall pay a registration fee as established by the agricultural commission. A registration is not transferable. No reduction of a registration fee shall be made for a fractional part of a year.
(2)
An application for registration shall state:
(a)
The name of the applicant;
(b)
If the applicant is a firm, the names of its members;
(c)
If the applicant is a corporation, the names of its officers;
(d)
The applicant's business address;
(e)
The applicant's telephone number;
(f)
The name and location of each fixed bulk facility; and
(g)
The serial number or other identifying number of each mobile transportation tank or tank-mounted applicator.
(3)
For the fiscal year commencing on July 1, 2007, and for each subsequent fiscal year, the agricultural commission shall establish a fee schedule to cover all of the direct and indirect costs of administering and enforcing the provisions of this article.
(4)
(a)
All fees, fines, and penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section
35-1-106.5
.
(b)
Repealed.
Amended by 2016 Ch. 210,§ 98, eff. 6/6/2016.
L. 2003: Entire section added, p. 1727, § 10, effective May 14. L. 2005: (4)(a) amended, p. 1270, § 9, effective July 1. L. 2007: (3) and (4)(a) amended, p. 1904, § 7, effective July 1. L. 2008: (1) amended, p. 635, § 4, effective August 5. L. 2016: (4)(b) amended, (SB 16-189), ch. 210, p. 790, § 98, effective June 6.
Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective September 1, 2017. (See L. 2016, p. 790.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-101 - Short title

This article shall be known and may be cited as the "Measurement Standards Act of 1983".
L. 83: Entire article R&RE, p. 1339, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-103 - Systems of weights and measures - customary or metric

The inch pound system and the metric system of weights and measures are jointly valid, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weights and measures, the tables of weights and measures, and the equivalents of weights and measures, as published by the national institute of standards and technology, are recognized and shall govern weighing and measuring equipment and transactions in this state.
L. 83: Entire article R&RE, p. 1342, § 1, effective July 1. L. 95: Entire section amended, p. 894, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-104 - Physical standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state's reference standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards and technology. All secondary standards may be prescribed by the commissioner and shall be verified upon their initial receipt and as often thereafter as deemed necessary by the commissioner. The commissioner shall have the custody and keep accurate records of the state standards of weights and measures and of the other standards and equipment provided for by this article.
L. 83: Entire article R&RE, p. 1342, § 1, effective July 1. L. 95: Entire section amended, p. 894, § 3, effective July 1. L. 2009: Entire section amended, (SB 09-113), ch. 88, p. 326, §7, effective April 2.
This section is similar to former §§ 35-14-103 and 35-14-104 as they existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-105 - Technical requirements for weighing and measuring devices - certificate required - exception

(1)
The specifications, tolerances, and other technical requirements, including user requirements, for commercial, law enforcement, data gathering, and other weighing and measuring devices adopted by the national conference on weights and measures and published in the national institute of standards and technology handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices", and supplements or revisions to that handbook, apply to weighing and measuring devices in this state, except as modified or rejected or as otherwise specified by this article or any rule promulgated pursuant to this article. Except as provided in subsection (2) of this section, any weight or measure or any weighing or measuring instrument or device shall be issued a certificate of conformance from the national type evaluation program prior to use for commercial or law enforcement purposes.
(2)
A certificate of conformance is not required for a grain protein analyzer.
L. 83: Entire article R&RE, p. 1342, § 1, effective July 1. L. 95: Entire section amended, p. 894, § 4, effective July 1. L. 2009: Entire section amended, (SB 09-113), ch. 88, p. 326, §8, effective April 2. L. 2011: Entire section amended, (HB 11-1159), ch. 95, p. 279, §2, effective August 10.
This section is similar to former § 35-14-104 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-106 - Administration

The commissioner shall administer and enforce the provisions of this article and shall have and may exercise any and all of the administrative powers conferred upon the head of a department of the state. The commissioner is authorized to employ, pursuant to section 13 of article XII of the state constitution, such deputies and inspectors as he may deem necessary for the proper enforcement of this article, subject to the constitution and laws of the state. The powers and duties given to and imposed upon the commissioner are also given to and imposed upon the deputies and inspectors when acting under the instructions and at the direction of the commissioner.
L. 83: Entire article R&RE, p. 1342, § 1, effective July 1.
This section is similar to former § 35-14-105 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-108 - Special police powers

(1)
When necessary to perform his duties or to implement the provisions of this article or the rules and regulations promulgated pursuant thereto, the commissioner or his authorized agent may:
(a)
Enter any commercial premises during normal business hours; except that, in the event such premises are not open to the public, he shall first present his credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained;
(b)
Issue stop-use, hold, or removal orders with respect to any weights and measures commercially used and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale which do not meet the requirements of this article;
(c)
Seize, for use as evidence and without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this article or any rule or regulation promulgated pursuant thereto;
(d)
Stop any commercial vehicle and, after presentment of his credentials, require that the person in charge of the vehicle produce any documents in his possession concerning the contents of said vehicle, inspect the contents of such vehicle at the site, and, if necessary, require such person to proceed with the vehicle to some specified place for inspection.
(2)
The commissioner may administer oaths and take statements, issue subpoenas requiring the attendance of witnesses before him or her and the production of all books, memoranda, papers, and other documents, articles, or instruments, and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
(3)
If the owner, or the owner's agent, of any commercial premises or vehicle refuses to admit the commissioner to inspect such premises or vehicle, the commissioner may obtain from the district or county court for the district or county in which such premises or vehicle is located a warrant to enter and inspect such premises or vehicle.
L. 83: Entire article R&RE, p. 1344, § 1, effective July 1. L. 2009: (2) and (3) added, (SB 09-113), ch. 88, p. 328, §10, effective April 2.
This section is similar to former § 35-14-112 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-109 - [Repealed]

L. 83: Entire article R&RE, p. 1345, § 1, effective July 1. L. 87: (2) repealed, p. 492, § 43, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 328, §11, effective April 2.
This section was similar to former §§ 35-14-114 and 35-14-115 as they existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-110 - Misrepresentation of quantity

No person shall sell, offer, advertise, or expose for sale less than the quantity of commodity or service he represents nor take any more than the quantity of commodity or service he represents.
L. 83: Entire article R&RE, p. 1345, § 1, effective July 1.
This section is similar to former §§ 35-14-119 and 35-14-120 as they existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-111 - Misrepresentation of price

No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
L. 83: Entire article R&RE, p. 1345, § 1, effective July 1.
This section is similar to former §§ 35-14-119 and 35-14-120 as they existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-112 - Method of sale - general

Except as otherwise provided by the commissioner by rule, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by measure, or by count, so long as the method of sale provides accurate quantity and pricing information.
L. 83: Entire article R&RE, p. 1345, § 1, effective July 1. L. 93: Entire section amended, p. 272, § 4, effective July 1. L. 2006: Entire section amended, p. 1507, § 55, effective June 1. L. 2009: Entire section amended, (SB 09-113), ch. 88, p. 328, §12, effective April 2.
This section is similar to former § 35-14-118 as it existed prior to 1983.
For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 79, Session Laws of Colorado 1993.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-113 - [Repealed]

L. 83: Entire article R&RE, p. 1345, § 1, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 328, §13, effective April 2.
This section was similar to former § 35-14-118 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-114 - [Repealed]

L. 83: Entire article R&RE, p. 1346, § 1, effective July 1. L. 93: Entire section amended, p. 272, § 5, effective July 1. L. 95: (2)(a) amended, p. 896, § 6, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 330, §14, effective April 2.
This section was similar to former § 35-14-118 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-115 - Machine vended commodities

(1)
Each vending machine which dispenses commodities in package form shall indicate:
(a)
Proper identity;
(b)
Net quantity; and
(c)
Name, address, and telephone number of the vendor or of the responsible party.
(2)
The requirements for product identity and net quantity can be met either by display of the package or by information posted on the outside of the machine.
L. 83: Entire article R&RE, p. 1346, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-116 - Railroad car tare weights

(1)
Whenever stenciled tare weights on freight cars are employed in the sale of commodities or the assessment of freight charges, the following conditions and requirements shall apply:
(a)
All newly stenciled or restenciled tare weights shall be accurately represented to the nearest one hundred pounds for inch pound units and to the nearest fifty kilograms for metric units, and the representation shall include the date of weighing.
(b)
The allowable difference between actual tare weight and stenciled tare weight on freight cars in use shall be:
(I)
If in inch pounds:
(A)
Plus or minus three hundred pounds for cars of fifty thousand pounds or less;
(B)
Plus or minus four hundred pounds for cars over fifty thousand pounds but not over sixty thousand pounds; or
(C)
Plus or minus five hundred pounds for cars over sixty thousand pounds;
(II)
If in metric:
(A)
Plus or minus one hundred fifty kilograms for cars twenty-five thousand kilograms or less;
(B)
Plus or minus two hundred kilograms for cars over twenty-five thousand kilograms but not over thirty thousand kilograms; or
(C)
Plus or minus two hundred fifty kilograms for cars over thirty thousand kilograms.
(c)
Tare weight determinations for verification or change of stenciled weights shall only be made on properly prepared and adequately cleaned freight cars.
(d)
Tank cars, covered hopper cars, flat cars equipped with multideck racks or special superstructures, mechanical refrigerator cars, and house-type cars equipped with special lading protective devices must be reweighed and restenciled only by owners or their authorized representatives if the car bears no lightweight (empty weight) stenciling or if repairs or alterations result in a change of weight in excess of the permissible lightweight tolerance.
L. 83: Entire article R&RE, p. 1346, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-117 - Unit pricing - application - inch pound or metric

(1)
Except for random-weight packages unit priced in accordance with rules promulgated pursuant to this article, any retail establishment providing unit price information in addition to the total price for any commodity shall also provide the unit price information for all such commodities as required by rules promulgated pursuant to this article.
(2)
Either metric or inch pound unit prices may be used for commodities marked in either system; except that, when unit price is changed to metric for any given type of commodity, unit pricing for all sources or suppliers of that commodity should change to metric.
L. 83: Entire article R&RE, p. 1347, § 1, effective July 1. L. 2009: (1) amended, (SB 09-113), ch. 88, p. 330, §15, effective April 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-118 - Declarations on packages

(1)
Except as otherwise provided in this article, any commodity in package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of:
(a)
The net quantity of the contents in terms of weight, measure, or count; and
(b)
In the case of any package not sold on the premises where packed, the name and place of business of the manufacturer, packer, or distributor;
(c)
The identity of the commodity in the manner specified by rule promulgated pursuant to this article.
(2)
Under paragraph (a) of subsection (1) of this section, the commissioner, by regulation, shall establish reasonable variations or tolerances to be allowed and also exemptions as to small packages.
L. 83: Entire article R&RE, p. 1347, § 1, effective July 1. L. 2009: (1)(c) added, (SB 09-113), ch. 88, p. 330, §16, effective April 2.
This section is similar to former § 35-14-119 as it existed prior to 1983.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › WEIGHTS AND MEASURES (§§ 35-14-101 — 35-14-134) › Article 14 - MEASUREMENT STANDARDS (§§ 35-14-101 — 35-14-134) › Section 35-14-119 - Misleading packages - allowances

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the commissioner.
L. 83: Entire article R&RE, p. 1348, § 1, effective July 1.
This section is similar to former § 35-14-119 as it existed prior to 1983.