reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-114 - Disposition of funds

(1)
Any moneys collected by the commissioner pursuant to this article shall be deposited in a bank or other depository approved by the state treasurer, allocated to each marketing order under which they are collected, and disbursed by the commissioner only for the necessary expenses incurred by the board of control and the commissioner and approved by the commissioner with respect to each such separate marketing order. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commissioner. All such expenditures by the commissioner shall be audited at least annually and a copy of such audit shall be delivered within thirty days after the completion thereof to the governor and the commissioner of agriculture.
(2)
Any moneys remaining in such fund, allocable to any particular agricultural commodity affected by a marketing order, at the discretion of the commissioner, may be refunded at the close of any marketing season, upon a pro rata basis, to all persons from whom assessments were collected, or such portion of such moneys as may be recommended by the board of control and approved by the commissioner may be carried over into the next succeeding marketing season whenever the commissioner finds that such moneys may be required to assist in defraying the cost of operating such marketing order in such succeeding season. Upon termination by the commissioner of any marketing order, any moneys remaining, and not required by the commissioner to defray the expenses of such marketing order, shall be returned by the commissioner, upon a pro rata basis, to all persons from whom assessments were collected. If the commissioner finds that the amounts so returnable are so small as to make impractical the computation and remitting of such pro rata refund to such persons, the commissioner may use the moneys in such fund to defray the expenses incurred by him in the formulation, issuance, administration, or enforcement of any subsequent marketing order for such commodity.
L. 39: p. 203, § 9. CSA: C. 106, § 54. L. 51: p. 560, § 4. CRS 53: § 7-3-14. C.R.S. 1963: § 7-3-14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-115 - Limitation of marketing orders

(1)
Marketing orders issued by the commissioner under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective. No marketing order shall be issued by the commissioner unless it embraces all persons of a like class in a given area who are engaged in a specific and distinctive agricultural industry or trade within this state.
(2)
Within the terms of this article, production or marketing areas as to peaches shall be classified as early maturing, which shall be at altitudes of less than five thousand feet, and late maturing, which shall be at altitudes of more than five thousand feet, and such areas shall be separate and distinct classes for all purposes under this article insofar as peaches are concerned.
L. 39: p. 205, § 10. CSA: C. 106, § 55. CRS 53: § 7-3-15. C.R.S. 1963: § 7-3-15.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-117 - Assessment a personal debt

Any assessment levied in such specified amount as may be determined by the commissioner pursuant to the provisions of section
35-28-113
shall constitute a personal debt of every person so assessed and shall be due and payable to the commissioner when payment is called for by the commissioner. In the event of failure of such person to pay any such assessment upon the date determined by the commissioner, the commissioner may file a complaint against such person in a state court of competent jurisdiction for the collection thereof, as provided in section
35-28-116
.
L. 39: p. 207, § 12. CSA: C. 106, § 57. CRS 53: § 7-3-17. C.R.S. 1963: § 7-3-17.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-118 - No personal liability

The members of any such board of control, including employees of such board, shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of such board. The liability of the members of such board shall be several and not joint and no member shall be liable for the default of any other member.
L. 39: p. 207, § 13. CSA: C. 106, § 58. CRS 53: § 7-3-18. C.R.S. 1963: § 7-3-18.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-119 - Records - information - hearings

(1)
The commissioner may require all processors or distributors subject to the provisions of any marketing order issued pursuant to this article to maintain books and records reflecting their operations under said marketing order, and to furnish to the commissioner or his duly authorized or designated representatives such information as may be from time to time requested by them relating to operations under said marketing order, and to permit the inspection by said commissioner, or his duly authorized or designated representatives, of such portions of such books and records as relate to operations under said marketing order.
(2)
Information obtained by any person under this article shall be confidential and shall not be by him disclosed to any other person save to a person with like right to obtain the same, or any attorney employed to give legal advice thereupon, or by court order.
(3)
To carry out the purposes of this article, the commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. Upon failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of court shall be punishable as a contempt of court.
(4)
No person shall be excused from attending and testifying or from producing documentary evidence before the commissioner in obedience to the subpoena of the commissioner on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may be so required to testify or produce evidence, documentary or otherwise, before the commissioner in obedience to a subpoena issued by him; except that no natural person so testifying shall be exempt from prosecution and punishment for perjury in the first degree committed in so testifying.
L. 39: p. 207, § 14. CSA: C. 106, § 59. CRS 53: § 7-3-19. C.R.S. 1963: § 7-3-19. L. 72: p. 554, § 1.
For perjury in the first degree, see § 18-8-502.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-120 - Deposit to defray expenses

(1)
Prior to the issuance of any marketing order by the commissioner, he may require the applicants therefor to deposit with him such amount as the commissioner may deem necessary to defray the expenses of preparing and making effective such marketing order. Such funds shall be received, deposited, and disbursed by the commissioner in accordance with the provisions as set forth in section
35-28-114
.
(2)
The commissioner may reimburse the applicant in the amount of any such deposit from any funds received by the commissioner pursuant to the provisions of section
35-28-114
.
L. 39: p. 208, § 15. CSA: C. 106, § 60. CRS 53: § 7-3-20. C.R.S. 1963: § 7-3-20.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-121 - General provisions

(1)
In the event the commissioner finds that it tends to effectuate the declared purposes of this article within the standards prescribed in this article, the commissioner may issue a marketing order, applicable to the marketing of any agricultural commodity containing like terms, provisions, methods, and procedures as any license or order regulating the marketing of such commodity issued by the secretary of agriculture of the United States pursuant to the provisions of any law or laws of the United States. In selecting the members of any board or other advisory agency under such marketing order, the commissioner shall utilize, insofar as practicable, the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflicting personnel.
(2)
The commissioner is authorized to confer with and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, or orders. Said commissioner is authorized to conduct joint hearings and issue joint or concurrent marketing orders for the purposes and within the standards set forth in this article, and he may exercise any administrative authority prescribed by this article to effect such uniformity of administration and regulation.
(3)
Nothing in this article applies to any order, rule, or regulation issued or issuable by the public utilities commission with respect to the operation of common carriers.
(4)
In any civil or criminal action or proceeding for violation of any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with the provisions of this article or a marketing order issued under this article and in furtherance of the purposes and provisions of this article shall be a complete defense to such action or proceeding.
L. 39: p. 208, § 16. CSA: C. 106, § 61. L. 53: p. 118, § 4. CRS 53: § 7-3-21. L. 55: p. 151, § 11. L. 61: p. 167, § 1. L. 62: p. 124, § 1. L. 63: p. 165, § 1. C.R.S. 1963: § 7-3-21.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-122 - Application of article

The provisions of this article shall not be applicable to retailers of agricultural commodities except to the extent that any retailer also engaged in the processing or distribution of agricultural commodities as defined in this article; but all persons acting as producers, handlers, processors, or distributors shall conform with all the provisions of any applicable marketing order, marketing agreement, or regulations issued pursuant to this law before shipping or causing to be shipped any agricultural commodity.
L. 39: p. 209, § 17. CSA: C. 106, § 62. CRS 53: § 7-3-22. L. 55: p. 151, § 12. C.R.S. 1963: § 7-3-22. L. 69: p. 115, § 8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-123 - Other laws superseded

It is the legislative intent that the provisions of this article shall control, to the exclusion of any general law of this state in conflict therewith, and specifically shall supersede the provisions of article
23
of this title, if said article is in conflict herewith.
L. 39: p. 209, § 18. CSA: C. 106, § 63. CRS 53: § 7-3-23. C.R.S. 1963: § 7-3-23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-124 - [Repealed]

L. 2004: Entire section added, p. 1733, § 1, effective June 4.
Subsection (5) provided for the repeal of this section, effective May 1, 2005. (See L. 2004, p. 1733.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-101 - Legislative declaration

The purposes of this article are to provide a means whereby the general public purchasing certain Colorado agricultural products may be assured of the quality and grade of such products; to assure Colorado producers a better return from the sale of higher quality products; to establish a method of labeling and identification of such Colorado products so that purchasers may easily recognize them; to set up standards for quality, condition, packaging, and distribution of Colorado agricultural products so that the highest quality will be maintained until the product reaches the consumer; and to extend in every practicable way the production and sale of higher quality Colorado-produced agricultural products.
L. 61: p. 173, § 1. CRS 53: § 7-18-1. C.R.S. 1963: § 7-16-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Colorado agricultural products" means any agricultural, horticultural, viticultural, or vegetable products or poultry or poultry products grown or produced in the state of Colorado.
(2)
"Commissioner" means the commissioner of agriculture.
(3)
"Consumer" means any person who buys Colorado agricultural products for personal use and not for resale.
(4)
"Container" means any box, carton, crate, bag, wrap, or other process or device used to hold and protect Colorado agricultural products. "Subcontainer" means any container being used within another container.
(5)
"Deceptive arrangement" or "deceptive display" means any bulk lot, arrangement, or display of products which has in the exposed surface products which are in quality, size, condition, or any other respect so superior to those which are concealed as to materially misrepresent the bulk lot, arrangement, or display.
(6)
"Deceptive pack" means any container or subcontainer which has in the outer layer or any exposed surface any products which are in quality, size, condition, or any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents.
(7)
"Department" means the department of agriculture.
(8)
"Distributor" means any person selling, marketing, or distributing Colorado agricultural products.
(9)
"Packer" means any person engaged in processing, packing, or preparing Colorado agricultural products for market.
(10)
"Person" means any individual, firm, association, corporation, or partnership.
(11)
"Producer" means any person engaged within this state in the business of producing or causing to be produced for market any agricultural commodity.
(12)
"Retailer" means any person buying Colorado agricultural products from producers, packers, or distributors and selling to consumers.
(13)
"Seal of quality" means the design approved by the commissioner, as provided in section
35-29-103(2)
, as the Colorado "seal of quality" and which, when imprinted or affixed on labels, packages, or products or used in advertising or in any manner, shall signify the standards of quality provided in section
35-29-104
.
L. 61: p. 173, § 2. CRS 53: § 7-18-2. C.R.S. 1963: § 7-16-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-103 - Administration - seal of quality

(1)
The commissioner and the representatives of the department under the direction of the commissioner shall administer and enforce this article; and, in such administration, the commissioner has and may exercise any or all the administrative powers conferred upon him as head of the department.
(2)
(a)
The commissioner shall produce or cause to be produced a suitable design or drawing, which shall be known as the Colorado seal of quality, to be used in the marketing of Colorado agricultural products.
(b)
The title to the seal of quality shall at all times remain in and be reserved to the department of agriculture.
(c)
The seal of quality, or any reproduction, copy, or facsimile thereof, may not be used in any advertising, display, labeling, or identification without prior written permission from the department.
(3)
When any producer, packer, distributor, or retailer has complied with the provisions of this article and the regulations pursuant thereto, he shall be permitted to use the seal of quality in advertising, labeling, or marketing his product.
(4)
The seal of quality may not be used on any agricultural product unless such product was produced in the state of Colorado.
L. 61: p. 174, § 3. CRS 53: § 7-18-3. C.R.S. 1963: § 7-16-3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-104 - Standards of quality

(1)
The department shall establish minimum standards of quality for all agricultural products to be marketed under the seal of quality.
(2)
The quality standards may be changed from time to time by the department, but any producer, packer, distributor, or retailer affected by the changes shall be notified by the department at least thirty days prior to the effective date of the changes in standards.
(3)
The seal of quality shall not be used in the marketing of any agricultural product which does not meet the minimum standards established by the department.
(4)
The commissioner shall prescribe methods and procedures of sampling, inspecting, and grading Colorado agricultural products.
(5)
Inspectors or representatives of the department shall use such methods and procedures in sampling, checking, and inspecting products to determine the grade, quality, or condition of the product being marketed under the seal of quality.
(6)
Any product being marketed under the seal of quality which does not meet the standards of quality established by the department shall be immediately removed from sale until the seal of quality has been removed from the product, label, or container. The department shall be the authority in making the decision to remove the product from sale. Any person refusing or failing to remove the seal of quality from a product, label, or container after being notified by the department shall be deemed in violation of this article.
L. 61: p. 175, § 4. CRS 53: § 7-18-4. C.R.S. 1963: § 7-16-4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-105 - Authority to enter, inspect, and take samples

Any authorized representative of the department may enter and inspect any place where products being marketed under this article are being sold or offered for sale and take such samples as may be necessary to determine the grade, quality, or condition of the product.
L. 61: p. 176, § 5. CRS 53: § 7-18-5. C.R.S. 1963: § 7-16-5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-106 - Authority to make rules and regulations

The department is granted power to make rules and regulations concerning standards for grade, size, quality, and condition of agricultural products being marketed under the seal of quality.
L. 61: p. 176, § 6. CRS 53: § 7-18-6. C.R.S. 1963: § 7-16-6.
For rule-making procedures, see article 4 of title 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-107 - Financing

To defray the expense of establishing the seal of quality program, the department is authorized to produce and sell labels, decals, stamps, mats, streamers, plates, or other forms of identification or advertising containing the seal of quality to be used by those persons marketing Colorado agricultural products under the seal of quality program. Any moneys received shall be placed in a revolving fund and shall only be used to replenish supplies and for advertising the seal of quality program, but the total net assets of the revolving fund, including accounts receivable, inventories, and cash balances, shall not exceed ten thousand dollars. Any net assets in excess of the limit established in this section for the revolving fund on hand at the close of each fiscal period shall be transferred to the general fund.
L. 61: p. 176, § 7. CRS 53: § 7-18-7. C.R.S. 1963: § 7-16-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-108 - Unlawful acts

(1)
It is unlawful for any person:
(a)
To sell or offer for sale any Colorado agricultural product identified by the seal of quality which does not meet the minimum standards established by the department;
(b)
To sell or offer for sale any agricultural product in any used container on which the seal of quality is printed, stamped, or affixed unless the seal of quality identification has been completely removed or obliterated;
(c)
To sell or offer for sale Colorado agricultural products bearing the seal of quality label in any container which does not meet the standards established by the department;
(d)
To sell or offer for sale any Colorado agricultural product in a deceptive pack or in a deceptive arrangement or deceptive display, as defined in section
35-29-102(5) and (6)
;
(e)
To refuse to submit any Colorado agricultural product or container for inspection, sampling, or grading.
L. 61: p. 176, § 8. CRS 53: § 7-18-8. C.R.S. 1963: § 7-16-8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29 - COLORADO SEAL OF QUALITY (§§ 35-29-101 — 35-29-109) › Section 35-29-109 - Penalties

Any person violating any of the provisions of this article 29 commits a petty offense.
Amended by 2021 Ch. 462, § 628, eff. 3/1/2022.
L. 61: p. 177, § 9. CRS 53: § 7-18-9. C.R.S. 1963: § 7-16-9. L. 2021: Entire section amended, (SB 21-271), ch. 3279, p. 3279, § 628, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29.5 - COLORADO WINE INDUSTRY DEVELOPMENT ACT (§§ 35-29.5-101 — 35-29.5-106) › Section 35-29.5-101 - Short title

This article shall be known and may be cited as the "Colorado Wine Industry Development Act".
L. 90: Entire article added, p. 1598, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29.5 - COLORADO WINE INDUSTRY DEVELOPMENT ACT (§§ 35-29.5-101 — 35-29.5-106) › Section 35-29.5-101.5 - Legislative declaration

The general assembly hereby finds, determines, and declares that Colorado has a substantial interest in promoting the development of a viable and stable wine industry in this state. The general assembly further finds, determines, and declares that grape cultivation is closely related to fruit cultivation carried out in various parts of Colorado; that grape cultivation and wine production are a logical supplement to, and development of, existing agricultural business conducted in the state; that wine production has become a significant industry in other states because of the action of state and local governments in those areas to foster development of the industry; that a viable wine industry can enhance Colorado's tourist industry; that some aspects of wine industry development can best be accomplished by an industry-wide approach rather than by individual producers, such as conducting scientific research and disseminating and publishing the results of such research, promoting Colorado wines as distinct from those produced in other regions, and promoting awareness of responsible consumption of wine; and that the state should aid Colorado's wine industry through research and promotion to allow the industry to realize its full potential in this state.
L. 97: Entire section added, p. 299, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29.5 - COLORADO WINE INDUSTRY DEVELOPMENT ACT (§§ 35-29.5-101 — 35-29.5-106) › Section 35-29.5-102 - Definitions

As used in this article 29.5, unless the context otherwise requires:
(1)
"Board" means the Colorado wine industry development board, created in section
35-29.5-103
.
(1.5)
"Eastern slope" means the area east of the continental divide.
(2)
"Fruit product" means any juice, must concentrate, or extract from fruit whether or not partially fermented.
(2.5)
"Grand valley viticultural area" means the federally defined area in Mesa county in which wine grapes are grown.
(3)
"Grape product" means any juice, must concentrate, or extract made from vinifera grapes, true or hybrid, whether or not partially fermented.
(3.5)
"Western slope" means the area west of the continental divide, excluding the grand valley viticultural area.
(4)
(a)
"Wine" means any vinous liquor containing not more than twenty-one percent alcohol by volume and produced in all respects in conformity with the laws of the United States and the regulations of the bureau of alcohol, tobacco, firearms, and explosives of the United States department of justice or any of its successor agencies.
(b)
"Wine" does not include hard cider as defined in section
44-3-103(20)
.
(5)
"Wine-growing" means the cultivation in commercial quantities of vinifera grapes in this state.
(6)
"Wine-making" means the ownership and control of or the management of a licensed winery in this state.
Amended by 2019 Ch. 421,§ 1, eff. 9/1/2019.
Amended by 2019 Ch. 390,§ 48, eff. 8/2/2019.
L. 90: Entire article added, p. 1598, § 1, effective July 1. L. 97: (1.5), (2.5), and (3.5) added, p. 299, § 6, effective July 1. L. 2007: (4) amended, p. 2047, § 91, effective June 1. L. 2019: (4) amended, (SB 19-241), ch. 3475, p. 3475, § 48, effective August 2; IP and (4) amended, (SB 19-142), ch. 3686, p. 3686, § 1, effective September 1.
Amendments to subsection (4) by SB 19-142 and SB 19-241 were harmonized.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29.5 - COLORADO WINE INDUSTRY DEVELOPMENT ACT (§§ 35-29.5-101 — 35-29.5-106) › Section 35-29.5-104 - Duties and powers of the board

(1)
The board may:
(a)
Conduct or contract for scientific research to discover and develop the commercial value of wine, wine-growing, wine-making, grape products, or fruit products;
(b)
Disseminate reliable information founded upon the research undertaken under this article, showing the uses or probable uses of wine, wine-growing, wine-making, grape products, or fruit products;
(c)
Study state and federal legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas, and other matters of trade concerning the wine industry;
(d)
Sue and be sued as a board, without individual liability, for acts of the board within the scope of the powers conferred upon it by this article;
(e)
Enter into contracts which it deems appropriate to the carrying out of the purposes of the board as authorized by this article;
(f)
Make grants to research agencies for the financing of special or emergency studies or for the purchase or acquisition of facilities necessary to carry out the purposes of the board as authorized by this article;
(g)
Appoint subordinate officers and employees of the board and prescribe their duties and fix their compensation;
(h)
Cooperate with and enter into contracts with any local, state, or nationwide organization or agency engaged in work or activities similar to those of the board and enter into contracts with such organizations or agencies for carrying on joint programs;
(i)
Act jointly and in cooperation with the federal government or any agency thereof in the administration of any program of the government or of a governmental agency deemed by the board to be beneficial to the wine industry of this state and expend funds in connection therewith if such program is compatible with the powers conferred by this article;
(j)
Adopt, rescind, modify, or amend all proper regulations, orders, and resolutions for the exercise of its powers and duties; and
(k)
Enter into contracts for the promotion of wine and for the development of new markets through such promotion.
(2)
The board shall promote all wines produced or finished by a licensed Colorado winery.
L. 90: Entire article added, p. 1600, § 1, effective July 1. L. 97: (2) added, p. 301, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29.5 - COLORADO WINE INDUSTRY DEVELOPMENT ACT (§§ 35-29.5-101 — 35-29.5-106) › Section 35-29.5-105 - Colorado wine industry development fund - use of money

(1)
There is hereby created in the state treasury the Colorado wine industry development fund. The fund shall consist of money credited thereto pursuant to section
44-3-503(1)(c) and (1)(d)
. All money in the fund is hereby continuously appropriated to the board for the expenses of the board in implementing the provisions of this article 29.5.
(2)
In any fiscal year, the board shall budget from moneys in the fund at least one-third toward research and development and at least one-third toward promotion and marketing of the Colorado wine industry, including any administrative costs associated therewith. Any revenue generated by research may be deducted from the amount budgeted for research.
Amended by 2018 Ch. 152,§ 18, eff. 10/1/2018.
L. 90: Entire article added, p. 1600, § 1, effective July 1. L. 97: (1) and (2) amended, pp. 304, 301, §§ 18, 9, effective July 1. L. 2018: (1) amended, (HB 18-1025), ch. 152, p. 1081, § 18, effective October 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 29.5 - COLORADO WINE INDUSTRY DEVELOPMENT ACT (§§ 35-29.5-101 — 35-29.5-106) › Section 35-29.5-106 - [Repealed]

L. 90: Entire article added, p. 1601, § 1, effective July 1. L. 97: Entire section amended, p. 304, § 19, effective July 1. L. 2005: Entire section repealed, p. 686, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 30 - FOOD CONTROL (§§ 35-30-101 — 35-30-102) › Section 35-30-101 - Cooperation with United States

The governor is authorized to cooperate with the government of the United States and its agents and representatives in all matters pertaining to the conservation, distribution, or production of food, insofar as he may find it possible to do so.
L. 17: Ex. Sess., p. 3, § 1. C.L. § 3699. CSA: C. 69, § 47. CRS 53: § 7-1-1. C.R.S. 1963: § 7-1-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 30 - FOOD CONTROL (§§ 35-30-101 — 35-30-102) › Section 35-30-102 - Powers of governor

The governor of the state of Colorado is vested with all police and regulatory powers regarding the production, storage, refrigeration, manufacture, distribution, handling, dealing in, or sale of foodstuffs or food products and other necessities of life, whether in the raw state or in manufactured form, or any article used or capable of use as food for man or beast, which are vested in the president or any other executive officer of the United States; but the rules, regulations, and orders promulgated by the governor in the exercise of the power conferred in this section shall not be more drastic than nor in conflict with the rules, regulations, and orders of the president and executive officers of the United States government.
L. 17: Ex. Sess., p. 3, § 2. C.L. § 3700. CSA: C. 69, § 48. CRS 53: § 7-1-2. C.R.S. 1963: § 7-1-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 31 - DESTRUCTION OF FOOD PRODUCTS (§§ 35-31-101 — 35-31-201) › Part 1 - PUBLIC ENFORCEMENT (§§ 35-31-101 — 35-31-106) › Section 35-31-101 - Destruction of food prohibited

It is unlawful for any person, firm, partnership, association, or corporation or any servant, agent, employee, or officer thereof to destroy or cause to be destroyed, or to permit to decay or to become unfit for use or consumption, or to take, send, or cause to be transported out of this state so to be destroyed or permitted to decay, or knowingly to make any materially false statement, for the purpose of maintaining prices or establishing higher prices for the same, or for the purpose of limiting or diminishing the quantity thereof available for market, or for the purpose of procuring, or aiding in procuring, or establishing, or maintaining a monopoly in such articles or products, or for the purpose of in any manner restraining trade, any fruits, vegetables, grain, meats, or other articles or products ordinarily grown, raised, produced, or used in any manner or to any extent as food for human beings or for domestic animals.
L. 17: Ex. Sess., p. 39, § 1. C.L. § 3692. CSA: C. 69, § 41. CRS 53: § 7-2-1. C.R.S. 1963: § 7-2-1. L. 94: Entire section amended, p. 965, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 31 - DESTRUCTION OF FOOD PRODUCTS (§§ 35-31-101 — 35-31-201) › Part 1 - PUBLIC ENFORCEMENT (§§ 35-31-101 — 35-31-106) › Section 35-31-102 - Applicable to unmatured foods

This part 1 shall apply to the destruction of unripe or unmatured food products or articles as well as to the destruction of the same when matured or ready for marketing.
L. 17: Ex. Sess., p. 39, § 2. C.L. § 3693. CSA: C. 69, § 42. CRS 53: § 7-2-2. C.R.S. 1963: § 7-2-2. L. 2002: Entire section amended, p. 237, § 2, effective April 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 31 - DESTRUCTION OF FOOD PRODUCTS (§§ 35-31-101 — 35-31-201) › Part 1 - PUBLIC ENFORCEMENT (§§ 35-31-101 — 35-31-106) › Section 35-31-103 - Evidence

Evidence of the voluntary destruction or of the destruction, if unexplained, of any of the food products or articles mentioned in section
35-31-101
, or of the voluntary and willful permitting of the same to decay, or of the taking, sending, or causing of the same to be transported out of this state to be destroyed or permitted to decay shall be prima facie proof of the violation of this part 1.
L. 17: Ex. Sess., p. 40, § 3. C.L. § 3694. CSA: C. 69, § 43. CRS 53: § 7-2-3. C.R.S. 1963: § 7-2-3. L. 2002: Entire section amended, p. 237, § 3, effective April 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 31 - DESTRUCTION OF FOOD PRODUCTS (§§ 35-31-101 — 35-31-201) › Part 1 - PUBLIC ENFORCEMENT (§§ 35-31-101 — 35-31-106) › Section 35-31-104 - Penalty

(1)
Any person, whether acting individually or otherwise, in such person's own behalf, or as the agent, employee, servant, director, or officer of any other person, partnership, firm, association, or corporation, or any corporation who violates any of the provisions of this part 1 commits a petty offense.
(2)
As a condition of any sentence imposed pursuant to subsection (1) of this section, the court shall order in addition to any other penalty that any person convicted of a violation of this part 1 shall make restitution to any victim of such a violation. The amount and any conditions of such a restitution order shall be determined in the same manner as a restitution order imposed pursuant to the provisions of section
18-1.3-205
, C.R.S.
Amended by 2021 Ch. 462, § 629, eff. 3/1/2022.
L. 17: Ex. Sess., p. 40, § 4. C.L. § 3695. CSA: C. 69, § 44. CRS 53: § 7-2-4. C.R.S. 1963: § 7-2-4. L. 94: Entire section amended, p. 965, § 2, effective July 1. L. 2002: Entire section amended, p. 237, § 4, effective April 12; (2) amended, p. 1548, § 313, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 3279, p. 3279, § 629, effective 3/1/2022.
(1) Amendments to subsection (2) by House Bill 02-1046 and Senate Bill 02-069 were harmonized.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 31 - DESTRUCTION OF FOOD PRODUCTS (§§ 35-31-101 — 35-31-201) › Part 1 - PUBLIC ENFORCEMENT (§§ 35-31-101 — 35-31-106) › Section 35-31-105 - Enforcement

It is the duty of the district attorneys in their respective districts and of the attorney general to enforce the provisions of this part 1. It is the duty of all citizens of this state who have knowledge or information of a violation of this part 1 to at once inform against anyone who may have violated the same.
L. 17: Ex. Sess., p. 40, § 5. C.L. § 3696. CSA: C. 69, § 45. CRS 53: § 7-2-5. C.R.S. 1963: § 7-2-5. L. 2002: Entire section amended, p. 238, § 5, effective April 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 31 - DESTRUCTION OF FOOD PRODUCTS (§§ 35-31-101 — 35-31-201) › Part 1 - PUBLIC ENFORCEMENT (§§ 35-31-101 — 35-31-106) › Section 35-31-106 - Liberal construction

This part 1 shall be liberally construed to effectuate its purpose of preventing waste and of conserving and protecting the food supply available to the people of the state, to the end that the people may enjoy the benefit of any abundance or oversupply of any such food articles or products that may from time to time arise in any locality or in the state at large.
L. 17: Ex. Sess., p. 40, § 6. C.L. § 3697. CSA: C. 69, § 46. CRS 53: § 7-2-6. C.R.S. 1963: § 7-2-6. L. 2002: Entire section amended, p. 238, § 6, effective April 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 31 - DESTRUCTION OF FOOD PRODUCTS (§§ 35-31-101 — 35-31-201) › Part 2 - CIVIL DAMAGES FOR THE PROTECTION OF AGRICULTURAL PRODUCTS (§ 35-31-201) › Section 35-31-201 - Protection of agricultural products - damages - definitions

(1)
(a)
Any person who, without the consent of the owner of an agricultural product, exercises control over the agricultural product with the intent to deprive such owner of the agricultural product or who maliciously damages or destroys the agricultural product, or who encourages or conspires with another to do so, shall be liable for damages as described in subsection (2) of this section.
(b)
For purposes of this section:
(I)
"Agricultural product" means any product of agriculture as defined in section
35-1-102(1)
.
(II)
"Experimental agricultural product" means any product of agriculture, as defined in section
35-1-102(1)
that is the subject of testing or a product development program being conducted by a private entity, a federal, state, or local government agency, or an educational institution, or that has been developed through such a program.
(2)
For a violation of subsection (1) of this section, a court shall award:
(a)
The market value of the experimental agricultural product itself and costs directly related to research, testing, production, replacement, and development of the experimental agricultural product. The court may award treble damages.
(b)
The market value of the agricultural product itself and costs directly related to production and replacement. The court may award treble damages.
(c)
Reasonable attorney fees; and
(d)
Litigation costs.
(3)
The rights and remedies available under this section are in addition to any other rights or remedies otherwise available.
L. 2002: Entire part added, p. 236, § 1, effective April 12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 32 - [Repealed] (§ 35-32-101) › Section 35-32-101 - to 35-32-107 - [Repealed]

L. 2006: Entire article repealed, p. 146, § 26, effective August 7.
This article was numbered as article 11 of chapter 7, C.R.S. 1963, and was not amended prior to its repeal in 2006. For the text of this article prior to 2006, consult the 2005 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 33 - CUSTOM PROCESSING OF MEAT ANIMALS (§§ 35-33-101 — 35-33-407) › Part 1 - GENERAL PROVISIONS (§§ 35-33-101 — 35-33-108) › Section 35-33-101 - Short title

This article shall be known and may be cited as the "Custom Processing of Meat Animals Act".
L. 89: Entire article R&RE, p. 1382, § 1, effective April 12. L. 2009: Entire section amended, (SB 09-117), ch. 123, p. 507, §3, effective April 16.
This section is similar to former § 35-33-101 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 33 - CUSTOM PROCESSING OF MEAT ANIMALS (§§ 35-33-101 — 35-33-407) › Part 1 - GENERAL PROVISIONS (§§ 35-33-101 — 35-33-108) › Section 35-33-102 - Legislative declaration

The general assembly declares that the purpose of this article is to regulate the slaughter and processing of certain animals intended for human consumption. The general assembly finds that the production, processing, and consumption of meat animals plays an important part in the economy of this state and that to maintain the integrity of this industry and to protect the public health and welfare it is essential that the slaughter and processing of these animals occur in a safe, sanitary, and nondeceptive manner. It is therefore necessary to provide for the regulation of the slaughter and processing of meat animals.
L. 89: Entire article R&RE, p. 1382, § 1, effective April 12. L. 2009: Entire section amended, (SB 09-117), ch. 123, p. 507, §4, effective April 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 33 - CUSTOM PROCESSING OF MEAT ANIMALS (§§ 35-33-101 — 35-33-407) › Part 1 - GENERAL PROVISIONS (§§ 35-33-101 — 35-33-108) › Section 35-33-105 - Injunctive relief

Whenever the commissioner possesses sufficient evidence satisfactory to him or her indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule promulgated under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
L. 89: Entire article R&RE, p. 1387, § 1, effective April 12. L. 2009: Entire section amended, (SB 09-117), ch. 123, p. 512, §7, effective April 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › MARKETING AND SALES (§§ 35-28-101 — 35-39-101) › Article 33 - CUSTOM PROCESSING OF MEAT ANIMALS (§§ 35-33-101 — 35-33-407) › Part 1 - GENERAL PROVISIONS (§§ 35-33-101 — 35-33-108) › Section 35-33-106 - Delegation of duties - cooperative agreements

(1)
The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
(2)
The department may receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, with any other agency of this state or its political subdivisions, or with any agency of another state to further the implementation of this article, secure uniformity of regulations, prevent duplication of enforcement efforts, and facilitate the sharing of information developed in the investigation of unlawful business practices.
L. 89: Entire article R&RE, p. 1387, § 1, effective April 12.