2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1 - DEPARTMENT OF AGRICULTURE (§§ 35-1-101 — 35-1-121) › Section 35-1-106 - Powers and duties of commission

(1)
In addition to all other powers and duties conferred upon the commission by this article 1, the commission has the following specific powers and duties:
(a)
To formulate the general policy with respect to the management of the department of agriculture and the general policy with respect to the enforcement of regulatory and service laws, rules, and regulations pertaining to agriculture;
(b)
To make or cause to be made, within the limits of appropriations, such studies as it deems necessary to guide the commissioner concerning the agricultural policy of this state;
(c)
To advise and make recommendations to the governor and the general assembly on matters pertaining to agriculture within this state;
(d)
To require the preparation and transmittal by the commissioner of an annual departmental report and to establish publication policies for the department in accordance with the provisions of section
24-1-136
, C.R.S.;
(e)
To furnish the commissioner with advice on any agricultural or livestock problem with which he may be confronted;
(f)
To promulgate and adopt all department of agriculture budgets for submission to the controller of this state in accordance with law and to approve and pass upon all annual budgets for expenditures of money from the various funds of the department and to review such budgets at each meeting of the commission;
(g)
To approve prior to their release all rules and regulations issued by the commissioner and considered necessary and proper to carry out the provisions of this article;
(h)
To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties of the commission. Upon the failure or refusal of any witness to obey any subpoena, the commission may petition the district court, and, upon proper showing, the court may order a witness to appear and testify or produce documentary evidence. Failure to obey the order of the court shall be punishable as contempt of court.
(i)
To establish and appoint, as it may deem necessary or advisable, such advisory committees from the groups affected to advise and confer with the commission or the commissioner concerning aspects of agricultural or livestock products, marketing, disease, or any other pertinent matter;
(j)
If not already required by law, to require and fix the bonds of such employees of the department as may be deemed necessary;
(k)
To avoid duplication of effort within the department and to clarify responsibilities under this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article
24
of title
30
; to enter into cooperative agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission that is authorized by law to perform like or similar duties to those delegated by law to this commission, wherein it shall be prescribed whether this commission, the state board of health, the board of governors of the Colorado state university system, or such other state board or commission shall perform and be responsible for the performance of the duties mentioned in the agreements, so that there is no duplication of effort as between this commission and the state board of health, the board of governors of the Colorado state university system, or any other state board or commission; and to enter into agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission relative to the cooperative use by this commission of any laboratories, equipment, or facilities owned or used by this commission or any other state board or commission;
(l)
To employ any person, partnership, or corporation for services in carrying out the provisions of this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article
24
of title
30
, and not inconsistent with section 13 of article XII of the state constitution or to provide information, statistics, or data deemed beneficial by the commission to livestock and agriculture in the state of Colorado;
(m)
The commission shall act only by resolution adopted at a duly called meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department;
(n)
To comply with the requirements of section
24-1-136.5
, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans, as if the commission were the executive director of the department;
(o)
To promulgate rules requiring the owners of alternative livestock, as defined in section
35-41.5-102 (1)
, to obtain certification showing that the alternative livestock herd meets the requirements of a tuberculosis surveillance plan approved by the state veterinarian and meets regulations pertaining to the control of infectious diseases and parasites as determined by the department. This paragraph (o) shall not apply if the owner of the alternative livestock is a zoological park that is accredited by the American zoo and aquarium association; except that any intrastate transfer of alternative livestock by a zoological park that is accredited by the American zoo and aquarium association to any person or entity that is not accredited by the American zoo and aquarium association is subject to the rules of the commission adopted under this paragraph (o).
(p)
(I)
In consultation with interested industry groups, to fix, assess, and collect fees in amounts sufficient to recover the department's direct and indirect costs incurred in carrying out and enforcing the provisions of articles
12
,
13
,
14
,
33
,
36
, and
60
of this title 35, part 1 of article
21
of this title 35, and part 2 of article
43
of this title 35.
(II)
Fees established pursuant to this paragraph (p) that exceed the amount of any corresponding fees that were in effect as of April 1, 2003, and any new or additional fees established after April 1, 2003, shall be reported, on or before December 1 of each year, to the agriculture, natural resources and energy committee of the senate and the agriculture, livestock, and natural resources committee of the house of representatives.
(III)
(Deleted by amendment, L. 2007, p. 1902, § 1, effective July 1, 2007.)
(2)
The parks and wildlife commission shall review the rules concerning alternative livestock proposed by the commission pursuant to paragraph (o) of subsection (1) of this section and shall make recommendations to the commission concerning such rules. The commission shall not adopt or implement rules concerning alternative livestock that impact native big game wildlife without the prior approval of the parks and wildlife commission. In addition, the parks and wildlife commission may propose rules to the commission designed to protect native big game wildlife.
Amended by 2020 Ch. 217, § 2, eff. 9/14/2020.
Amended by 2020 Ch. 160, § 8, eff. 6/29/2020.
Amended by 2018 Ch. 274, § 72, eff. 5/29/2018.
Amended by 2017 Ch. 262, § 8, eff. 8/9/2017.
L. 49: p. 191, § 6. CSA: C. 5, § 13(8). CRS 53: § 6-1-6. L. 55: p. 132, § 1. C.R.S. 1963: § 6-1-6. L. 64: p. 122, § 21. L. 68: p. 127, § 137. L. 69: p. 108, § 3. L. 83: (1)(d) amended, p. 841, § 67, effective July 1. L. 94: (1)(n) added, p. 566, § 16, effective April 6; (1)(o) and (2) added, p. 1697, §§ 4, 5, effective July 1. L. 95: (1)(o) amended, p. 18, § 2, effective March 9. L. 2002: (1)(k) amended, p. 1247, § 23, effective August 7. L. 2003: (1)(p) added, p. 1723, § 2, effective May 14. L. 2005: (1)(p)(III) amended, p. 1267, § 1, effective July 1. L. 2007: IP(1) and (1)(p)(III) amended, p. 1902, § 1, effective July 1. L. 2012: (2) amended, (HB 12-1317), ch. 1235, p. 1235, § 92, effective June 4. L. 2017: IP(1), (1)(k), and (1)(l) amended, (SB 17-225), ch. 1246, p. 1246, § 8, effective August 9. L. 2018: (1)(p)(I) amended, (HB 18-1375), ch. 1718, p. 1718, § 72, effective May 29. L. 2020: (1)(p)(I) amended, (HB 20-1213), ch. 160, p. 754, § 8, effective June 29; (1)(p)(I) amended, (HB 20-1343), ch. 217, p. 1076, § 2, effective September 14.
Amendments to subsection (1)(p)(I) by HB 20-1213 and HB 20-1343 were harmonized.
For the state personnel system, see § 13 of article XII of the state constitution.